K&L Gates LLP

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K&L Gates Center
210 Sixth Avenue
Pittsburgh, PA 15222-2613, United States
Phone: 412.355.6500
Fax: 412.355.6501
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Indigenous Peoples
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Florida
  • Illinois
  • Massachusetts
  • Missouri
  • New Jersey
  • New York
  • North Carolina
  • Oregon
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Washington
Other Countries
  • Australia
  • Belgium
  • Brazil
  • China
  • France
  • Germany
  • Hong Kong
  • Ireland
  • Italy
  • Japan
  • Luxembourg
  • Qatar
  • Singapore
  • South Korea
  • Taiwan
  • United Arab Emirates
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

See all updates »

Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Recording of Working Time in Germany Legally Required – Open Questions for Employers Following New Decision of the German Federal Employment Court

Surprisingly, the German Federal Employment Court (BAG) decided on 13 September 2022 that an obligation exists for employers in Germany to comprehensively record employees’ working time (case reference 1 ABR 22/21). For…more

Employer Responsibilities, EU, Germany, Timekeeping, Work Schedules

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Update - UAE Consumer Protection and E-Commerce Laws

The United Arab Emirates (UAE) has emerged as one of the regional leaders in adopting and developing a robust information technology and internet infrastructure to accommodate the steep demand in e-commerce and digital payments,…more

Data Privacy, E-Commerce, Goods or Services, Internet Retailers, Online Marketplace

See all updates »

Annual Reports Coming to Pennsylvania and Other Updates to the Pennsylvania Associations Code: Part 4—Ratifying Defective Actions

On 3 November 2022, Governor Wolf signed House Bill 2057 into law as Act 122. The act made numerous amendments to Title 15 of the Pennsylvania Consolidated Statutes, also known as the “Associations Code” (the Title 15 Update)…more

Annual Reports, Corporate Governance, Pennsylvania, Reporting Requirements

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The False Claims Act and Health Care: 2023 Recoveries and 2024 Outlook

On 22 February 2024, the US Department of Justice (DOJ) published the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2023. The DOJ announced that the “government and whistleblowers were party to 543…more

Anti-Kickback Statute, Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

SEC Proposes Revisions to Rule 144 and Form 144

On 22 December 2020, the Securities and Exchange Commission (the SEC) proposed various amendments to Rule 144, including changes related to the filing of Form 144. The proposed amendments also include a minor change to Forms 4…more

EDGAR, Proposed Amendments, Rule 144, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Fashion Law Update – August 2022

In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors around the world. This update provides a through snapshot of the key issues in this sector and…more

E-Commerce, Fashion Branding, Fashion Design, Fashion Industry, Influencers

See all updates »

New Flexibility for Hardship Withdrawals: Permissive Changes Starting 2019 and Required Changes by 2020

On November 14, 2018, the Internal Revenue Service (“IRS”) released Proposed Regulations to implement and expand upon the changes to 401(k) hardship distribution rules, previously mandated by the Bipartisan Budget Act of 2018…more

401k, Benefit Plan Sponsors, Bipartisan Budget Act, Employee Benefits, Hardship Distributions

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Workplace Reform Rolls on… Again

The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill…more

Arbitration, Australia, Compliance, Employees, Employer Liability Issues

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Update - UAE Consumer Protection and E-Commerce Laws

The United Arab Emirates (UAE) has emerged as one of the regional leaders in adopting and developing a robust information technology and internet infrastructure to accommodate the steep demand in e-commerce and digital payments,…more

Data Privacy, E-Commerce, Goods or Services, Internet Retailers, Online Marketplace

See all updates »

Seven Years in the Making: The SEC Finally Adopts Final Clawback Rules

Overview - On Wednesday, 26 October 2022, the U.S. Securities and Exchange Commission (the SEC), in a 3-2 vote, adopted final rules directing listing exchanges to require listed companies to establish, disclose, and enforce…more

Clawbacks, Executive Compensation, Reporting Requirements, Securities and Exchange Commission (SEC)

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The New Fund of Funds Rule and ETFs—(Missed) Opportunities

The SEC recently adopted Rule 12d1-4 (Rule 12d1-4 or Rule) under the Investment Company Act of 1940 (1940 Act) to streamline the regulatory framework applicable to registered funds that invest in other funds (funds of funds)…more

Asset Management, ETFs, Investment, Investment Company Act of 1940, Investment Funds

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The UAE Launches Unemployment Insurance Scheme

The Ministry of Human Resources and Emiratisation (MoHRE) announced that its landmark social security program will take effect in the new year, with federal government and private sector employees required to subscribe to…more

Compensation, Employees, Unemployment Insurance, United Arab Emirates (UAE)

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Voters Have Spoken: Impacts of the 2022 Midterm Elections

Changes on the Horizon - The 2022 midterm elections took place on Tuesday 9 November. Following a turbulent campaign season, Republicans are positioned to regain control of the House by a slimmer margin than originally…more

General Elections, Public Policy, State and Local Government, State Elections, State Legislatures

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EEOC Issues Nonbinding Guidance on Permissible Employer Use of Artificial Intelligence to Avoid Adverse Impact Liability Under Title VII

On 18 May 2023, the US Equal Employment Opportunity Commission (EEOC) issued nonbinding guidance on how existing federal anti-discrimination law may apply to employers’ use of artificial intelligence (AI) when hiring, firing, or…more

Algorithms, Artificial Intelligence, Bias, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Another Win for Policyholders as Illinois Reverses Course and Joins the Majority of States Recognizing CGL Policies Cover Property Damage Caused by Construction Defects

On 30 November 2023, Illinois joined the majority of states that recognize that commercial general liability (CGL) insurance covers damage to one part of a construction project caused by construction defects in other parts of…more

Commercial General Liability Policies, Construction Defects, Construction Industry, IL Supreme Court, Policy Terms

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Proactive Protection of Consumers or Premature Penalty? Consumer Financial Protection Bureau Bucks the Trend in Data Security Breach Cases

Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as federal…more

Article III, Class Action, Consumer Financial Protection Bureau (CFPB), Data Breach, Data Security

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FTC Increases Risk For Acquirers By Extending Time For Review Beyond the Hart-Scott Waiting Period

Citing a shortage of resources to respond to a “tidal wave of merger filings,” the Federal Trade Commission (FTC) has begun sending letters (Warning Letters) to the parties to many mergers and acquisitions that it has not…more

Corporate Counsel, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Premerger Notifications, Warning Letters

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US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments in…more

CFIUS, China, Civil Monetary Penalty, Critical Infrastructure Sectors, Executive Orders

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SECURE-ing Insurance Company Separate Account Assets for ETFs

On 29 December 2022, President Biden signed into law the SECURE Act 2.0 (SECURE 2.0) as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the 2019 passage of the Setting Every Community Up for Retirement…more

Asset Management, ETFs, Investment, Retirement Funds, Retirement Plan

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Urinary Catheter Fraud Sparks Proposed Medicare Payment Changes for ACOs

Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program got good news from The Centers for Medicare and Medicaid Services (CMS) related to widespread fraud involving urinary catheters that is…more

ACOs, Billing, Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Healthcare Fraud

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SEC Proposes Summary Prospectus Rule for Variable Annuity and Variable Life Insurance Contracts

Executive Summary - In a significant step toward improving variable insurance product (“VIP”) disclosure, the U.S. Securities and Exchange Commission (“SEC”), on October 30, 2018, proposed a new rule (the “Summary Prospectus…more

Insurance Industry, Investors, Life Insurance, Mutual Funds, Securities and Exchange Commission (SEC)

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Registered Fund Developments: 2019 Washington D.C. Investment Management Conference

OVERVIEW OF THE ETF RULE - - On September 25, 2019, the SEC approved Rule 6c-11 under the 1940 Act (the “ETF Rule”) and related amendments to Form N-1A - The ETF Rule will rescind previously-issued exemptive orders of ETFs…more

Disclosure Requirements, Investment Adviser, Investment Company Act of 1940, Investment Management, Securities and Exchange Commission (SEC)

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Lay of the Land: Global Office Trends

In our second episode of Lay of the Land, hosts Heather Horowitz, Jen McCosker, Christian Major, Tobias Gries, and Anna Amprimo discuss office asset market trends in the United States, Australia, the UK, Germany, and Italy…more

Commercial Buildings, Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Environmental Social & Governance (ESG)

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Pen Register and Trap and Trace Claims: The Latest Wave of CIPA Litigation

A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices…more

California, CIPA, Class Action, Data Collection, Electronic Monitoring

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The End of LIBOR - Considerations for Corporates

Much information has been published in recent months on the discontinuation of The London Inter-bank Offered Rate (LIBOR) and what is to replace it. Set out below is a summary of what has happened and how it is likely to affect…more

Banking Sector, Financial Services Industry, Libor, Loans, Sterling Overnight Index Average (SONIA)

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Stores for Sale! Retailers and Restaurants Spin Off Real Estate

Several major retailers and restaurant chains have recently engaged in a variety of transactions to spin off their real estate and lease it back. Retailers and restaurants are suddenly doing them, or considering them, at an…more

Commercial Leases, Commercial Real Estate Market, Drones, Macy's, REIT

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Federal Court Rules Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection

As more individuals and businesses are seeking to take advantage of artificial intelligence to generate written and visual content, it is important to understand the scope of copyright protection that might ultimately be…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Dispute Resolution

See all updates »

New Code of Conduct for Leasing of Retail Premises in Singapore

A Code of Conduct for the Leasing of Retail Premises in Singapore (the Code) has been developed by the Fair Tenancy Pro Tem Committee (Pro-Tem Committee) set up by the Singapore Business Federation. The objective of the Code is…more

Code of Conduct, Commercial Leases, Landlords, Retail, Singapore

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Judge or Jury?: The Federal Circuit Holds that Patent Litigants Do Not Have a Seventh Amendment Right to a Jury Trial on Attorneys’ Fees

In AIA America, Inc. v. Avid Radiopharmaceuticals, the Federal Circuit considered whether the Seventh Amendment provides the right to a jury trial to determine entitlement to attorneys’ fees. During the case on the merits,…more

Patent Litigation, Patent-in-Suit, Patents, Seventh Amendment

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Should Job Applicants be Permitted to Use Artificial Intelligence?

As employers explore ways to use Artificial Intelligence (AI) within the bounds of existing and emerging legislation and guidance, and as government agencies, states, and municipalities seek to regulate AI in employment and…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Job Applicants

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Employment Practices and Data Protection: Monitoring Workers 101

The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help employers…more

Artificial Intelligence, Data Privacy, Data Protection, Electronic Monitoring, Email

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Impacts of a Government Shutdown: Government Contractors

Introduction - Current federal funding expires this Saturday. As we approach the deadline, it is looking less likely that Congress will pass a continuing resolution, a short-term stopgap measure, to avoid a government shutdown…more

Federal Budget, Federal Contractors, Federal Funding, Government Shutdown

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Fashion Law Update – August 2022

In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors around the world. This update provides a through snapshot of the key issues in this sector and…more

E-Commerce, Fashion Branding, Fashion Design, Fashion Industry, Influencers

See all updates »

Internal Investigations of Harassment Claims

In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules…more

Anti-Harassment Policies, Employer Liability Issues, Employer Responsibilities, EU, France

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The Energizer – Volume 110

There is a lot of buzz around clean technology, distributed energy resources (DERs), microgrids, and other technological innovations in the renewable energy and clean transport industries and how these developments can…more

Clean Energy, Department of Energy (DOE), Distributed Energy Resources (DERs), Energy Projects, Energy Sector

See all updates »

Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Early Stage Investment Tax Incentives Bill Introduced

As an update to our Legal Insight of December 2015 'New Tax Incentives for Early Stage Investment', on 16 March 2016 the Turnbull Government introduced legislation providing significant tax incentives to promote local and…more

Australia, Capital Gains, Early Stage Companies, Investment, Investors

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COVID-19: (Australia) Changes to the Foreign Investment Review Board Approval Process

*This information is accurate as of 7.00 pm Monday 30 March 2020 and is subject to change as this situation evolves. In light of the current global circumstances due to the COVID-19 pandemic, the Australian Government has…more

Australia, FIRB, Foreign Investment

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COVID-19: Governor Murphy Signs Executive Order No. 192 Mandating Health and Safety Protocols for New Jersey Worksites

On 28 October 2020, as part of the state’s ongoing response to the COVID-19 pandemic, New Jersey Governor Phil Murphy signed Executive Order No. 192 (EO 192), which mandates that New Jersey employers abide by certain health and…more

Coronavirus/COVID-19, Employee Training, Employer Responsibilities, Executive Orders, Governor Murphy

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Commission Adopts European Defence Industrial Strategy Proposing Additional Funding for Defence Responsiveness

Introduction - On 5 March, the European Commission (Commission) adopted the European Defence Industrial Strategy (EDIS) and proposed a regulation establishing the European Defence Industry Programme (EDIP)…more

Defense Sector, EDIS, EU, European Commission, Financial Services Industry

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Judge Dismisses FTC Case Against Welsh Carson but Enforcement Focus on Private Equity in Health Care Continues

On 13 May, a federal district court judge dismissed the Federal Trade Commission’s (FTC) antitrust case against private equity firm Welsh, Carson, Anderson & Stowe and affiliated entities (Welsh Carson). This matter has been…more

Anticompetitive Behavior, Antitrust Litigation, Antitrust Violations, Federal Trade Commission (FTC), Mergers

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Global Food, Drug and Medical Device Newsletter

In this issue: Legislative Updates: - (i) USA - (ii) EU - (iii) China - (iv) Australia - (v) Japan. - Featured Articles: - (i) Caffeinated Energy Drinks - a Global Perspective - (ii)…more

Advertising, Animal Testing, Australia, Cosmetics, Energy Drinks

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Biden Administration Seeks Input on AI Risks and Opportunities

The Biden administration is stressing its interest in the rapid adoption of policies to shape the development and adoption of artificial intelligence (AI) technologies. The White House Office of Science and Technology Policy…more

Artificial Intelligence, Biden Administration, Machine Learning, National Security, Public Comment

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BOEM Issues Final Sale Notice for Offshore Wind Lease Areas in Carolina Long Bay

The Bureau of Ocean Energy Management (BOEM) will hold its next offshore wind lease auction on 11 May 2022, for two lease areas in the Carolina Long Bay. The lease areas comprise 110,091 acres off the coast of North and South…more

BOEM, California, Offshore Wind, Renewable Energy, Supply Chain

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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COVID-19: (Australia) Illegal Therapeutic Goods Advertising and COVID-19

*This information is accurate as of 1.30 pm Wednesday 25 March 2020 and is subject to change as this situation evolves. The Therapeutic Goods Administration (TGA) has issued a warning to businesses and consumers about the false…more

Advertising, Australia, Coronavirus/COVID-19, Infectious Diseases

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Ten Things Consumer Packaged Goods Companies Should Do to Manage Co-Manufacturer Relationships

Many consumer packaged goods (CPG) companies’ contract with other companies to manufacture goods sold under the CPG companies’ label or brand. These arrangements are called “co-manufacturing” or “contract manufacturing.”…more

Compliance, Consumer Product Companies, Indemnity, Liability Insurance, Manufacturers

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Surprise Billing Regulations: Impact on Out-of-Network Providers

On 1 July 2021, the United Stated Office of Personnel Management, and the Departments of the Treasury, Labor, and Health and Human Services (collectively, the Departments) issued an Interim Final Rule (the IFR) implementing the…more

Affordable Care Act, Health Care Providers, Health Insurance, Out of Network Provider, Surprise Medical Bills

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The Impact of the Law Decree "Decreto Sostegni Bis" (DL n. 73/2021) on Raw Materials Price Contracts and Public Tenders

The gradual alleviation of the COVID-19 emergency brought about the gradual resumption of business activities and the recovery of various sectors, which had been inactive for a long period. This has resulted in a boom in demand…more

Fixed Price, Italy, Public Contracts, Steel Industry

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IRS Issues Section 1446(f) Final Regulations

On 7 October 2020, the Treasury Department and the Internal Revenue Service (IRS) released final regulations under Code Section 1446(f) (the Final Regulations), which clarify aspects of the withholding requirements with respect…more

IRS, Partnerships, Popular, Tax Cuts and Jobs Act, Transfer of Interest

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Hub Talks: Sustainable Outlook: Powering the Green Grid With Janice Lin of Strategen and the Green Hydrogen Coalition

Janice Lin, founder and CEO of impact-driven consulting firm Strategen–and founder and president of the Green Hydrogen Coalition–has witnessed firsthand the recent, significant changes to the renewable energy market in the…more

Clean Energy, Energy Sector, Hydrogen Power, Infrastructure, Renewable Energy

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New Illinois Laws for 2024 Affecting Real Estate

Illinois has passed a number of laws effective 1 January 2024 that impact commercial real estate and development. These new laws range from new requirements for residential landlords, first of its kind electric vehicle…more

Condominiums, Electric Vehicles, Homeowners Association (HOA), Illinois, Infrastructure

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Patent Office Propounds New Post-Prosecution Pilot Program

On Monday, July 11, 2016, the U.S. Patent and Trademark Office (PTO) launched its new Post-Prosecution Pilot Program, or “the P3.” The P3 is designed to test its impact on enhancing prosecution after a final office action but…more

Patent Trial and Appeal Board, Proposed Amendments, USPTO, USPTO Pilot Program

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Brussels Regulatory Brief: May 2024

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a…more

Digital Services, Economic Sanctions, Energy Sector, Environmental Social & Governance (ESG), EU

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SEC Adopts Final Rules Regarding SPACs and De-SPAC Transactions to Impose Additional Disclosure and Reporting Requirements

On 24 January 2024, the US Securities and Exchange Commission (SEC), by a 3-to-2 vote, adopted the long-awaited final rules regarding special purpose acquisition companies (SPACs), shell companies, and projections. The final…more

Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Reporting Requirements, Securities and Exchange Commission (SEC)

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Shortcuts on the Patent Prosecution Highway

The Patent Prosecution Highway (PPH) is a program that allows applicants to leverage allowable claims in one participating office to obtain a patent faster and more efficiently for corresponding claims in another participating…more

Foreign Patent Applications, Patent Cooperation Treaty, Patent Prosecution Highway, USPTO

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Phishing Season Opens for 2016 Tax Filings – Beware of “W-2 Phishing Scams”

Tax season brings many headaches, but none as miserable as sophisticated scammer efforts to steal employee W-2 information. Using social engineering and modest technological tools, a “spear phishing” attack seeks to trick…more

Cybersecurity, Email, Human Resources Professionals, Identity Theft, IRS

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges for Companies

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic…more

Antitrust Provisions, Competition, Digital Marketplace, EU, Germany

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Prepared for the Border Adjustment Tax? A U.S. and Global Perspective

K&L Gates' Global Tax Group has been monitoring the potential impact of the Border Adjustment Tax (BAT) across a number of jurisdictions. In our 14 February 2017 update, we commented that issues regarding the legality of…more

Border Adjustment Taxes, Border Tax, Corporate Taxes, Double Taxation, GATT

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The Property Law Act 2023 Introduces Major Reforms

Key Points - The Property Law Act 2023 (the New Act) was passed on 25 October 2023. It will likely receive Royal Assent in the next week and will commence on a date set by proclamation (to be announced soon)…more

Australia, Commercial Property Owners, Deeds, Disclosure Requirements, Leases

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Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'…more

Business Assets, Confidential Information, Former Employee, Intellectual Property Protection, Risk Mitigation

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IRS Issues Section 1446(f) Final Regulations

On 7 October 2020, the Treasury Department and the Internal Revenue Service (IRS) released final regulations under Code Section 1446(f) (the Final Regulations), which clarify aspects of the withholding requirements with respect…more

IRS, Partnerships, Popular, Tax Cuts and Jobs Act, Transfer of Interest

See all updates »

COVID-19: COVID-19 Considerations: Compensation Topics

In the wake of the COVID-19 pandemic and the resulting economic uncertainty, many employers are searching for ways to be financially prepared in the weeks and months to come while simultaneously balancing the well-being of their…more

CARES Act, Compensation & Benefits, Coronavirus/COVID-19, Deferred Compensation, Employee Benefits

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The False Claims Act and Health Care: 2023 Recoveries and 2024 Outlook

On 22 February 2024, the US Department of Justice (DOJ) published the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2023. The DOJ announced that the “government and whistleblowers were party to 543…more

Anti-Kickback Statute, Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

Master in Chancery Dismissive of Fiduciary Seeking Dismissal, Applies Familiar 12(b)(6) Standard

In Hill et al. v. Myers et al., C.A. No. 2018-0160 (Del. Ch. June 15, 2020), Master in Chancery Selena Molina (“Master”) issued a final report, recommending the Court of Chancery deny defendant’s (decedent’s close friend and…more

Breach of Duty, Fiduciary Duty, Heirs, Intestate Succession, Motion to Dismiss

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In a Section 262 Appraisal Rights Proceeding, Chancery Court Accepts a Modified Version of Petitioners' Valuation of a Merging Company's Stock

In Manichaean Capital, LLC, et al. v. SourceHOV Holdings, Inc., C.A. No. 2017-0673-JRS (Del. Ch. January 30, 2019), certain minority stockholders of a merging company filed a petition with the Delaware Court of Chancery (the…more

Appraisal, Delaware General Corporation Law, Mergers, Section 262, Shareholder Rights

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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The SEC Delivers A+ Effort: New Rules Designed to Breathe Life into Regulation A

On March 25, 2015, the U.S. Securities and Exchange Commission (the “SEC” or “Commission”) adopted final rules that amend Regulation A, which provides an exemption for certain offerings of securities from the registration…more

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Opportunity Zone Proposed Regulations Provide the Certainty Anxious Investors, Developers, and Entrepreneurs Have Been Seeking

Long-awaited guidance expected to trigger a surge of green-lighted projects as investors race to meet holding periods, creating competition for investment dollars and desirable OZ developments and businesses - The Department…more

Capital Gains, Economic Development, Housing Developers, Low-Income Issues, Opportunity Zones

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German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)

A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision…more

Coronavirus/COVID-19, Creditors, Debt Restructuring, Debtors, Germany

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President Biden Issues Executive Order Restricting Bulk Transfers of Sensitive Personal and US Government-Related Data

On 28 February 2024, President Biden issued Executive Order 14117 of February 28, 2024, Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern (EO) aimed at…more

Biden Administration, Data Collection, Data Storage, Data Transfers, Data-Sharing

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Alabama Supreme Court's Ruling Regarding In Vitro Fertilization and Its Impact on Fertilization Treatment Services Locally and Nationally

On 16 February 2024, the Supreme Court of Alabama published its opinion, “Supreme Court of Alabama, SC-2022-0515,” regarding whether embryos located outside the biological uterus are considered unborn children pursuant to…more

AL Supreme Court, Alabama, Fertility Treatments, Health Care Providers, Human Embryos

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Distressed Solutions: The Global Reach of the US Bankruptcy Code and Litigation Between Financial Institutions

“Only in New York” can cover a lot of ground, but there are certain types of cases that you will likely only see in the Southern District of New York. Listen in as John Bicks (New York) and Robert Honeywell (New York) tell host…more

Banking Sector, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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FY2025 Budget Supports Biden Administration's Focus on Fairness in the Tax Code

Overview - On Monday, 11 March 2024, the Biden administration released the president’s budget request (PBR) for fiscal year 2025 (FY2025), as well as the “Greenbook” containing explanations of the various revenue proposals in…more

Biden Administration, Capital Gains, Excise Tax, Federal Budget, GILTI tax

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Federal Court Rules Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection

As more individuals and businesses are seeking to take advantage of artificial intelligence to generate written and visual content, it is important to understand the scope of copyright protection that might ultimately be…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Dispute Resolution

See all updates »

Where's the Harm in Class Certification? The United States Supreme Court Confirms: It Must Be in Plaintiffs' Evidence

During the week of 21 June 2021, the United States Supreme Court issued two decisions that ultimately remove any doubt that class representatives must present class-wide evidence of harm at the class-certification stage,…more

Arkansas Teacher Retirement System v Goldman Sachs Group, Burden of Proof, Class Action, Class Certification, Class Members

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Litigation Minute: New Year's (Dispute) Resolutions - A Look Ahead at Litigation Trends in 2023

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and personal…more

Climate Change, Dispute Resolution, Environmental Litigation, Environmental Social & Governance (ESG), Web Tracking

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What's Been Missing: District Court Orders the Government to Produce Complete Universe of Claims in Provider's Due Process Challenge to Extrapolated Overpayment

On 5 March 2024, in an issue of first impression in the District of South Carolina, a district court judge overseeing judicial review of a final agency decision in a Medicare claims appeal ordered the Government to complete the…more

Administrative Record, Auditors, Centers for Medicare & Medicaid Services (CMS), Due Process, Health Care Providers

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A Deep Dive into Money Market Fund Liquidity Fees

Executive Summary - On 12 July 2023, the Securities and Exchange Commission (the SEC) adopted amendments to Rule 2a-7 under the Investment Company Act of 1940, as amended (the 1940 Act) (the Final Rule), which governs the…more

Asset Management, Investment Company Act of 1940, Liquidity Fees, Money Market Funds, Securities and Exchange Commission (SEC)

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COVID-19: Implications on M&A Transactions

As the spread of COVID-19 continues to accelerate throughout the world and the financial markets experience increasing amounts of turmoil, companies engaged in mergers and acquisitions are grappling with increased risk and…more

Acquisition Agreements, Acquisitions, Closing Documents, Coronavirus/COVID-19, Due Diligence

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Overview of the CFPB's Proposed Open Banking Rule and Final Industry Standard Setting Rule

The financial services and banking industry landscape continues to evolve in the face of new and emerging technologies. This phenomenon is especially prevalent in the sharing of consumer data between financial institutions and…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights

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COVID-19: Insurance Policy Considerations for Higher Education Institutions

Colleges and universities across the country have been hit hard by the coronavirus (“COVID-19”) pandemic. In an effort to stop the spread of the virus, many higher education institutions have moved classes online, closed…more

Business Interruption, Colleges, Coronavirus/COVID-19, Educational Institutions, Event Cancellation

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Federal Court Rules Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection

As more individuals and businesses are seeking to take advantage of artificial intelligence to generate written and visual content, it is important to understand the scope of copyright protection that might ultimately be…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Dispute Resolution

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New Washington State Nonprofit Corporation Act Revitalizes Law Governing Nonprofit Corporations

Effective for most purposes on 1 January 2022, a new state law overhauls and reforms the governance landscape for nonprofit corporations in the state of Washington. Replacing existing Chapter 24.03 RCW (the “Current Act”) in its…more

Charitable Organizations, Dissolution, Electronic Communications, Nonprofits, Washington

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WA Regulation of Performance Security in Contracts

All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new…more

Australia, Construction Contracts, Construction Industry, Construction Project, Notice Requirements

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

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EPA's New Strategic Civil-Criminal Enforcement Policy: Will Enhanced Coordination Lead to More Criminal Enforcement?

On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of…more

Clean Air Act, Clean Water Act, Compliance, Criminal Penalties, Enforcement

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June 2024 ESG Policy Update—Australia

Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to…more

Amended Regulation, Australia, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

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Luxembourg Modernises Its Insolvency Legislation

On 19 July 2023, the parliament of the Grand Duchy of Luxembourg (Luxembourg) passed bill no. 6539A into law (the New Insolvency Law), marking a significant milestone in the movement to modernise and enhance the competitiveness…more

Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring, Distressed Debt, EU

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US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments in…more

CFIUS, China, Civil Monetary Penalty, Critical Infrastructure Sectors, Executive Orders

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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The Law Commission Review of the Arbitration Act 1996

Introduction - The Law Commission of England and Wales has published a Consultation Paper (the Paper) setting out its provisional proposals to update the Arbitration Act 1996 (the Act), applicable to arbitrations seated in…more

Arbitration, Arbitrators, International Arbitration, UK

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COVID-19: Update to the Amendments of the German Insolvency Act

Both the German federal government and various German federal states are pushing ahead with packages of measures to mitigate the as-yet-unforeseeable economic consequences of the COVID-19 pandemic. This client information is…more

Coronavirus/COVID-19, Creditors, Germany, Insolvency, Relief Measures

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The Threat of Disclosure of Proprietary Information Under the California Public Records Act

Companies responding to requests for proposal (“RFPs”) or contracting with California state or local governmental agencies need to be aware of the special pitfalls posed by the California Public Records Act (“PRA”)…more

Public Records, Request For Information

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The Decision of the International Court of Justice in Certain Iranian Assets

Implications for the Enforcement of Investor-state Arbitration Awards Arising From the Application of International Sanctions Against Russia - On 30 March 2023, the International Court of Justice (ICJ) issued its judgment in…more

Economic Sanctions, Foreign Investment, International Arbitration, Investor-State Arbitration, Iran

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COVID-19: Distressed M&A in the Era of a Pandemic -- Part 3

INTRODUCTION - Part 1 of this distressed M&A series addressed the unique aspects of acquiring distressed companies as compared to financially healthy companies…more

Coronavirus/COVID-19

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The SEC Limits the Internet Adviser Exemption

Brief Overview - On 27 March 2024, the US Securities and Exchange Commission (SEC) adopted amendments (the Amendments) to Rule 203A-2(e) under the Investment Advisers Act of 1940 (Advisers Act). Rule 203A-2(e) is commonly known…more

Asset Management, Compliance, Form ADV, Internet, Investment

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European Commission Responds to ESA's Questions on the Interpretation of SFDR, Including with Respect to the Definition of "Sustainable Investments"

On 14 April, the long-awaited responses (the Q&As) of the European Commission (the Commission) to questions put to it by the European Supervisory Authorities (the ESAs) in relation to the interpretation of the Sustainable…more

Asset Management, Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Commission

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2024 Tax and Estate Planning Opportunities

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Inheritance Tax

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US Department of Labor Announces Final Rule Increasing Salary Thresholds For Overtime Exemptions (Updated)

UPDATE: On 3 July 2024, the Northern District of Texas preliminarily enjoined the US Federal Trade Commission from implementing and enforcing its Final Rule banning non-competes against the US Chamber of Commerce, the Business…more

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

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Hypersonic Technology

The Department of Defense (DOD) and Congress are seeking an aggressive track for hypersonic technology development. After more limited funding in previous years, the FY2021 budget request for all hypersonic-related research was…more

Department of Defense (DOD), Technology Sector

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Excess Policies at Issue Deemed Not to Attach Absent Actual Payment of the Amount of Underlying Limits by Either the Insured or its Underlying Insurers

Policyholders contemplating insurance coverage settlements with low-level insurers should use caution to preserve their ability to access higher-level excess policies. Excess insurers are increasingly disputing that underlying…more

Asbestos, Chapter 11, Consumer Bankruptcy, Insurance Industry

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June 2024 ESG Policy Update—Australia

Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to…more

Amended Regulation, Australia, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

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Litigation Minute: Ethylene Oxide—Could Your Company Be a Litigation Target? (Ethylene Oxide Series: Part Two of Four)

What You Need To Know In A Minute Or Less - Based largely on publicly available data from the U.S. Environmental Protection Agency (EPA), plaintiffs have been filing an increasing number of personal-injury and class-action…more

Chemicals, Class Action, Dispute Resolution, Environmental Protection Agency (EPA), Risk Mitigation

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Biometric Privacy Statutes and Insurance Coverage: Recent Developments in Illinois and the National Landscape

Introduction - Disputes between insurers and their policyholders relating to insurers’ coverage obligations in biometric privacy-related litigation are on the rise. Over the past year, insurers have commenced a number of…more

Biometric Information, Biometric Information Privacy Act, Illinois, Insurance Industry, Policy Terms

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Whistleblowing: Upcoming Obligations for Companies

As is well known to many, the EU Directive no. 2019/1937 required EU member states to fully regulate whistleblowing procedures. Whistleblowing: What is it About? The term whistleblowing commonly refers to the disclosure by an…more

Confidentiality Policies, Employer Responsibilities, EU, European Commission, Noncompliance

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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Following Sackett, Another New Final WOTUS Rule

Responding to the US Supreme Court’s landmark decision in Sackett v. EPA, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) published a final rule (Sackett Rule), effective 8 September 2023,…more

Clean Water Act, Environmental Protection Agency (EPA), Sackett v EPA, US Army Corps of Engineers, Waters of the United States

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Proposed New Australian Hydrogen Production Incentives and Support

The Australian Government has recently announced proposed measures to support the production of hydrogen in Australia utilising renewable energy. These include a new hydrogen production tax incentive and are estimated to amount…more

Australia, Clean Energy, Energy Projects, Energy Sector, Energy Tax Incentives

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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Biometric Claims by Workers Covered by Collective Bargaining Agreements are Preempted in Illinois

Agreeing with earlier decisions by the United States Court of Appeals for the Seventh Circuit, the Illinois Supreme Court recently held in Walton v. Roosevelt University that federal labor law preempts employee claims for…more

Biometric Information, Biometric Information Privacy Act, Collective Bargaining, Illinois, Timekeeping

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Advanced Air Mobility: Busy Skies Ahead

There are busy skies ahead for Australian airspace according to the recently released "Aviation Green Paper: Towards 2050" (Green Paper) by the Department of Infrastructure, Transport, Regional Development, Communication and the…more

Airlines, Australia, Aviation Industry, Tourism, Transportation Industry

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New Disclosure Requirements for Your Form 10-K

After a prolific year of rulemaking for the US Securities and Exchange Commission (SEC), public companies need to be aware of new disclosure requirements for their upcoming Form 10-K filings for the fiscal year ended 31 December…more

Capital Markets, Corporate Governance, Cybersecurity, Disclosure Requirements, Form 10-K

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Federal Court Clarifies Requirements of Section 561 of the Corporations Act

In Saker, in the matter of Great Southern Limited [2014] FCA 771 (Saker) the Federal Court considered the question of whether liquidators are trustees of funds said to be held for priority employee creditors, pursuant to section…more

Australia, Commercial Bankruptcy, Liquidation

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Build-to-Rent - Australian Income Tax Concessions: Foundations Laid, but Potential Cracks and Missing Features May Yet Plague a Promising Development

The Australian government has, nearly 12 months after announcing them, released draft legislation to implement two key income tax incentives for build-to-rent (BTR) projects: Extending the 15% withholding tax for foreign…more

Affordable Housing, Australia, Foreign Investment, Housing Developers, Income Taxes

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Court of Chancery Defers to Board of Director’s Business Judgment in Response to Stockholder’s Dividend Demand

In Buckley Family Trust v. Charles Patrick McCleary, et al. (C.A. No. 2018-0903-AGB), the Delaware Court of Chancery (the “Court”) granted defendants’ motion to dismiss a stockholder’s claims to compel the company to pay a…more

Dividends, Shareholders

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New FDA Draft Guidance Aiming To Prevent Drug Shortages Will Affect Pharmaceutical Manufacturers

The U.S. Food and Drug Administration (FDA) has taken formal steps to prevent and mitigate drug shortages for over a decade. While the problem predates the COVID-19 pandemic, the pandemic presented potential new challenges for…more

CARES Act, Food and Drug Administration (FDA), Manufacturers, Medical Devices, Pharmaceutical Industry

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The European Commission Sends Strong Signal Against Parallel Import Restrictions

On 23 May 2024, the European Commission (Commission) imposed a €337.5 million fine to one of the world’s leading manufacturers of chocolate, biscuits, and coffee products for restricting cross-border trade in these product…more

Competition, Cross-Border, Enforcement, EU, European Commission

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Houston Bankruptcy Court Holds Midstream Gathering Agreements Cannot Be Rejected As Executory Contracts

On November 8, 2019, Alta Mesa Resources, Inc. (“Alta Mesa”) and Kingfisher Midstream, LLC (“Kingfisher”) crossed swords, each party filing dueling motions for summary judgment in the United States Bankruptcy Court for the…more

Bankruptcy Court, Commercial Bankruptcy, Debtors, Oil & Gas

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Brexit Update

Our original political update was going to be more general in nature covering the turbulent state of British politics and the UK Prime Minister's "Do or Die" determination to leave the EU on 31 October with or without a deal…more

EU, Member State, No-Deal Brexit, UK, UK Brexit

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IRS Issues Section 1446(f) Final Regulations

On 7 October 2020, the Treasury Department and the Internal Revenue Service (IRS) released final regulations under Code Section 1446(f) (the Final Regulations), which clarify aspects of the withholding requirements with respect…more

IRS, Partnerships, Popular, Tax Cuts and Jobs Act, Transfer of Interest

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Biden Administration Seeks Input on AI Risks and Opportunities

The Biden administration is stressing its interest in the rapid adoption of policies to shape the development and adoption of artificial intelligence (AI) technologies. The White House Office of Science and Technology Policy…more

Artificial Intelligence, Biden Administration, Machine Learning, National Security, Public Comment

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Client Conversations With Craig Budner: Interview With Casey Kaplan, Head of Global Compliance at Nike

Casey Kaplan, a K&L Gates alum, is the head of compliance at Nike where he currently serves as the senior legal director of global ethics and compliance. In this episode of Client Conversations With Craig Budner, Casey and Craig…more

Anti-Corruption, Career Development, Compliance, Corporate Counsel, Corporate Social Responsibility

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Ninth Circuit Finds That Costco Is Not Just a Retailer, but Actively Competes With Wholesalers With Respect to Robinson-Patman Price Discrimination Claims

Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet & Distrib…more

Costco, Price Discrimination, Retail Market, Retailers, Robinson-Patman Act

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Prospective and Retrospective Implications of the Jimmo Settlement Agreement for Skilled Care Providers

On January 24, 2013, the U.S District Court for the District of Vermont approved a Settlement Agreement in the so-called Medicare Improvement Standard case, Jimmo v. Sebelius. In addition to its impact on Medicare reimbursement,…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Medicare, Settlement, Skilled-Care Providers

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SEC Finalizes Amendments to Regulation S-P

On 16 May 2024, the Securities and Exchange Commission (SEC) adopted amendments (amendments) to Regulation S-P representing the first major changes to Regulation S-P since its initial adoption in 2000…more

Broker-Dealer, Financial Institutions, Financial Services Industry, Incident Response Plans, Investment Adviser

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OCC Proposes Changes to Merger Review Process

Introduction - On 29 January 2024, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking (NPR) regarding its review of Bank Merger Act (BMA) applications. The NPR was released immediately…more

Banking Sector, Department of Justice (DOJ), FDIC, Federal Trade Commission (FTC), Financial Services Industry

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U.S. Supreme Court Allows Booking.com to Register Its Domain Name as a Trademark

On 30 June 2020, the U.S. Supreme Court held in U.S. Patent and Trademark Office v. Booking.com B.V. that “Booking.com” is eligible for trademark registration because consumers do not perceive “Booking.com” as a generic name…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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Washington, D.C.'s Office of the Deputy Mayor for Planning and Economic Development Proposes Rules to Implement Downtown Real Property Tax Abatement Legislation

On 26 January 2024, Washington, D.C.’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) published a Notice of Proposed Rulemaking to implement tax abatements to be made available to developers of…more

Commercial Property Owners, Community Development, Economic Development, Housing Developers, NPRM

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SEC Proposes Custody Rule Overhaul With Broad Implications for Investment Advisers, Custodians, and Independent Public Accounting Firms

On 15 February 2023, the Securities and Exchange Commission (SEC) announced a proposed overhaul of the custody framework for SEC-registered investment advisers (investment advisers). The proposed reforms—which would amend and…more

Custody Rule, Investment Adviser, Investment Advisers Act of 1940, Securities and Exchange Commission (SEC)

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June 2024 ESG Policy Update—Australia

Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to…more

Amended Regulation, Australia, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

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PEOs–The European Perspective

Professional employer organizations (PEOs) are third-party organizations engaged by companies, usually domiciled in one country, to directly employ individuals based in another country. Such arrangements are being increasingly…more

Employment Contract, EU, Professional Employer Organization, Staffing Agencies, UK

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Litigation Minute: State Statutes and the Private Right of Action (Generative AI Series: Part Two of Three)

What You Need To Know In A Minute Or Less - Class action litigation challenging generative artificial intelligence (AI) has rapidly become a familiar feature of the legal landscape. While early, headline-grabbing complaints were…more

Artificial Intelligence, Class Action, Consumer Privacy Rights, Disclosure Requirements, Enforcement Authority

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Workplace Wrap - July 2024

As we find ourselves in the new financial year, a number of the key financial thresholds relating to employees have increased. From 1 July 2024, the national minimum wage has increased by 3.75% to AU$24.10 per hour…more

Australia, Employees, Employer Responsibilities, Fair Work Commission, Minimum Salary

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Cleared for Landing: Aviation Newsletter

Cleared for Landing highlights significant developments and issues relating to aviation law and asset finance globally and is published jointly by our Aviation Industry and Banking & Asset Finance practice groups. This issue…more

Aircraft, Aircraft Financing, Airports, Airspace, Aviation Industry

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Brussels Regulatory Brief: May 2024

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a…more

Digital Services, Economic Sanctions, Energy Sector, Environmental Social & Governance (ESG), EU

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Hedging Disclosure Is Here: SEC Adopts Final Rules

On December 18, 2018, the Securities and Exchange Commission (the “SEC”) adopted final hedging disclosure rules, which were initially proposed more than three years ago, as directed by Section 955 of the Dodd-Frank Wall Street…more

Disclosure Requirements, Dodd-Frank, Final Rules, Hedging, Regulation S-K

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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Court of Chancery's Increased Scrutiny of Non-Bankruptcy Liquidations

Background - Delaware has seen a significant uptick in the number of assignment for the benefit of creditors (ABC) filings. Through recent decisions, the Court of Chancery has sent a strong message that it expects parties…more

Bankruptcy Code, Creditors, Delaware, Disclosure Requirements, Dispute Resolution

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Health System Cybersecurity Risks: Part Two

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving…more

Cybersecurity, Data Security, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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The European Commission Sends Strong Signal Against Parallel Import Restrictions

On 23 May 2024, the European Commission (Commission) imposed a €337.5 million fine to one of the world’s leading manufacturers of chocolate, biscuits, and coffee products for restricting cross-border trade in these product…more

Competition, Cross-Border, Enforcement, EU, European Commission

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

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Congressional and Enforcement Priorities Related to Higher Education Issues

Colleges, universities, and their federally funded research centers must navigate a range of evolving legal challenges associated with changing technologies, increased frequency of cyberattacks, global expansions, and more…more

Colleges, Educational Institutions, Enforcement, Free Speech, Title IX

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SEC Issues Long-Awaited Climate Risk Disclosure Rule

Introduction - On Wednesday, 6 March 2024, the Securities and Exchange Commission (SEC) approved its highly anticipated final rules on “The Enhancement and Standardization of Climate-Related Disclosures for Investors” by a vote…more

Asset Management, Board of Directors, Climate Change, Corporate Governance, Disclosure Requirements

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Dubai as an Arbitration-Friendly Jurisdiction

DIFC Court of Appeal Confirms Enforceability of Arbitral Awards Granting Interim Relief issued in Non DIFC-Seated Arbitrations - The Dubai International Financial Centre’s (DIFC) Court of Appeal has recently confirmed, in CA…more

Arbitration, Arbitration Awards, DIFC, Dispute Resolution, Dubai

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High Court Approves Amending Scheme for Orion and London and Overseas

On October 29, 2015, the High Court of Justice of England and Wales (“High Court”) issued an order (“Order”) approving an Amending Scheme of Arrangement (“Amending Scheme”) for two insolvent London Market insurers, OIC Run-Off…more

Bankruptcy Court, Insolvency, Insurance Industry, Scheme of Arrangement, UK

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Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'…more

Business Assets, Confidential Information, Former Employee, Intellectual Property Protection, Risk Mitigation

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American Law Institute Vote on Medical Monitoring Could Spur Increased "No-Injury" Claims

The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all…more

Mass Tort Litigation, Medical Monitoring, Risk Management, Toxic Chemicals, Toxic Exposure

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Commercial Leases - First Semester 2023 Case Laws Digest

Commercial lease law is constantly evolving, with court rulings providing particularly interesting insights into the negotiation and management of commercial leases. Our selection of some of the High Court’s major decisions…more

Commercial Leases, Commercial Property Owners, French Commercial Code, Lessee, Rental Property

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Brussels Regulatory Brief: May 2024

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a…more

Digital Services, Economic Sanctions, Energy Sector, Environmental Social & Governance (ESG), EU

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2023 ESG State Legislation Wrap Up

In January of 2021, Senate Bill 2291 was introduced into the North Dakota state senate. It was considered, adopted, and signed into law three months later in March of 2021. This bill was the first of what would become scores of…more

Asset Management, Corporate Counsel, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Services Industry

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High Court to Consider the Scope of a Liquidator's Lien

On 6 March 2014, the High Court of Australia (High Court) will consider in detail, for the first time since Re Universal Distributing Co Ltd (1933) 48 CLR 171, the circumstances in which a liquidator is entitled to claim a lien…more

Australia, Liens, Liquidation

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Chlormequat Contamination in Food Products Draws Attention

Food manufacturers should pay close attention to the recent developments surrounding chlormequat chloride (chlormequat), a chemical that plaintiffs claim has been detected in various food products sold in the United States…more

Consumer Product Companies, Contamination, Environmental Protection Agency (EPA), Food Contamination, Food Manufacturers

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COVID-19: Force Majeure in the State of Qatar

As COVID-19 continues to cause widespread disruption to commercial activity around the world, there is an increased focus on the effectiveness of contractual force majeure provisions and the availability of relief under…more

Affirmative Defenses, Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause

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Guide: How to Enforce Intellectual Property Rights in China

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,…more

China, Copyright, Copyright Infringement, Intellectual Property Protection, Patents

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Be Ready When the Dragon Awakens—Breathing Fire Back Into Business: What You Need to Know if You Are Coming to China in 2023

What will you be doing on 8 January 2023? Many will head to the spa for National Bubble Bath Day, while others will be eating English toffee for National English Toffee Day. But for the thousands of businesses with investments…more

China, Corporate Taxes, Tax Benefits, Tax Treaty, Work Permits

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Amendments to the Calculation Method for FDI Positions

Before offshore funds may be publicly offered and distributed in Taiwan, they must be registered with the Securities and Futures Bureau of the Financial Supervisory Commission (SFB). In order to be registered with the SFB, the…more

Derivatives, Foreign Investment, Investors, Offshore Funds, Registration

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Washington State Senate Bill 5998 Passed: REET Changes for 2020 and Beyond

New REET Rate Structure - Last week, the Washington State legislature passed Senate Bill 5998, resulting in a new graduated state rate scale for real estate excise taxes (“REET”). …more

Excise Tax, Real Estate Market, State Taxes, Tax Rates

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Arbitration World - April 2020

FROM THE EDITORS - Welcome to the 37th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Foreign Arbitration Clauses

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Urinary Catheter Fraud Sparks Proposed Medicare Payment Changes for ACOs

Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program got good news from The Centers for Medicare and Medicaid Services (CMS) related to widespread fraud involving urinary catheters that is…more

ACOs, Billing, Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Healthcare Fraud

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Internal Investigations of Harassment Claims

In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules…more

Anti-Harassment Policies, Employer Liability Issues, Employer Responsibilities, EU, France

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Corner Post Magnifies Regulatory Uncertainty After Loper Bright

In its last opinion of this term, the US Supreme Court in Corner Post v. Board of Governors of the Federal Reserve System significantly extended the timeframe in which courts can review certain current and future regulations…more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Chevron Deference, Chevron v NRDC

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Formaldehyde - Why Manufacturers Should Be Paying Attention

Companies using formaldehyde in their operations should be aware of recent developments with the potential to substantially impact litigation concerning this substance. With regulations significantly reducing permissible levels…more

Environmental Protection Agency (EPA), Hazardous Substances, IRIS, Manufacturers, Toxic Chemicals

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‘Fitness for Purpose’ and Conflicting Obligations in Offshore Wind Projects

Two recent cases in the UK illustrate the tricky issues Employers and Contractors have to grapple with in defining the responsibilities of contractors involved in the construction of offshore wind projects. There are no…more

Construction Industry, Construction Project, Manufacturers, Manufacturing Defects, Product Defects

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Guide: How to Enforce Intellectual Property Rights in China

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,…more

China, Copyright, Copyright Infringement, Intellectual Property Protection, Patents

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US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments in…more

CFIUS, China, Civil Monetary Penalty, Critical Infrastructure Sectors, Executive Orders

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Urinary Catheter Fraud Sparks Proposed Medicare Payment Changes for ACOs

Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program got good news from The Centers for Medicare and Medicaid Services (CMS) related to widespread fraud involving urinary catheters that is…more

ACOs, Billing, Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Healthcare Fraud

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EU-Republic of Korea Adequacy Decisions Finalized

Following the conclusion of the adequacy talks in March 2021, the European Commission adopted on 17 December 2021 an adequacy decision addressing the transfers of personal data to the Republic of Korea under the General Data…more

Data Protection, EU, General Data Protection Regulation (GDPR), Korea, PIPA

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California Voters Approve (Another) Overhaul of California Consumer Privacy Laws: Meet the California Privacy Rights Act

For the second time in two years, California is preparing to revolutionize its consumer privacy law framework. California voters overwhelmingly voted in favor of Proposition 24, the California Privacy Rights Act (CPRA), in the 3…more

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

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BLM Signals Federal Land is Open for Renewables

In May 2024, the Bureau of Land Management (BLM or the Agency) issued a final rule updating its renewable energy and right-of-way (ROW) policies. BLM is one of the largest landholders in the United States, with significant…more

Bureau of Land Management, Clean Energy, Energy Projects, Energy Sector, Federal Land

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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South Carolina’s New Private Fund Adviser Exemption — A Boost for an Emerging Industry

On September 6, 2019, the Securities Division of South Carolina’s Office of the Attorney General issued an order providing an exemption from the state investment adviser registration requirements for advisers that provide advice…more

Investment Adviser, Investment Funds, Private Investment Funds, Registration Requirement, Securities Regulation

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SEC Issues Climate-Related Risk Disclosure Rule Proposal

The Biden administration has prioritized environmental, social, and governance (ESG) risks to capital markets, particularly climate-related financial risks (discussed in our previous alert, Biden Administration ESG Activity…more

Biden Administration, Climate Change, Comment Period, Corporate Governance, Disclosure Requirements

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Ten Things Consumer Packaged Goods Companies Should Do to Manage Co-Manufacturer Relationships

Many consumer packaged goods (CPG) companies’ contract with other companies to manufacture goods sold under the CPG companies’ label or brand. These arrangements are called “co-manufacturing” or “contract manufacturing.”…more

Compliance, Consumer Product Companies, Indemnity, Liability Insurance, Manufacturers

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SEC Expands "Dealer" Definition to Capture Liquidity Providers

Introduction - On 6 February 2024, the US Securities and Exchange Commission (SEC) voted 3-2 to adopt two new rules that significantly expand the definitions of a “dealer” and “government securities dealer” in Sections 3(a)(5)…more

Asset Management, Broker-Dealer, Compliance, Cryptoassets, Digital Assets

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What Does President Biden's Executive Order on Promoting Competition in the American Economy Mean for Employer Noncompete Clauses

Executive Order on Promoting Competition in the American Economy - On 9 June 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy (the Order). The White House also issued a Fact Sheet…more

Biden Administration, Competition, Executive Orders, Federal Trade Commission (FTC), Non-Compete Agreements

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Handbook for Directors of Nonprofit Corporations in the United States

The Handbook for Directors of Nonprofit Corporations in the United States summarizes the duties of directors of nonprofit corporations, provides general background information regarding selected available federal tax exemptions…more

Board of Directors, Bylaws, Charitable Organizations, Corporate Governance, Nonprofits

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Digital Nomad Visa

On 4 April 2024, the Ministerial Decree dated 29 February 2024, was published in the Official Journal of the Italian Republic. Such Decree defines the conditions and operational rules for the entry and stay in Italy of so-called…more

EU, Foreign Workers, Highly-Skilled Workers Visa, Immigration Procedures, Italy

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The New Jersey Department of Environmental Protection Implements Nation's First Environmental Justice Rules

On Monday 17 April 2023, the New Jersey Department of Environmental Protection (the Department) published long-awaited environmental justice rules (EJ Rules). The final EJ Rules come more than two years after Governor Murphy…more

Environmental Justice, Environmental Policies, Governor Murphy, New Jersey, NJDEP

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District Court Shows Timeshare "Exit" Attorney the Exit

In May of 2022, a New Jersey District Court ruled in favor of Diamond Resorts, declining to find them liable under the Fair Credit Reporting Act. The case, Esperance v. Diamond Resorts, provides insight on how courts are…more

Credit Reports, Debt, Fair Credit Reporting Act (FCRA), Timeshare

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Tax and Estate Planning Opportunities to Consider Now

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

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

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Arbitrator Bias: The English Commercial Court Offers Further Guidance on Disqualification of Arbitrators

The leading English authority on arbitrator impartiality is the case of Halliburton Co v Chubb Bermuda Insurance Ltd [2021] AC 1083, a well-known case in which K&L Gates acted for Halliburton. Halliburton v Chubb clarified how…more

Arbitration, Commercial Court, International Arbitration, UK

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Washington, D.C.'s Office of the Deputy Mayor for Planning and Economic Development Proposes Rules to Implement Downtown Real Property Tax Abatement Legislation

On 26 January 2024, Washington, D.C.’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) published a Notice of Proposed Rulemaking to implement tax abatements to be made available to developers of…more

Commercial Property Owners, Community Development, Economic Development, Housing Developers, NPRM

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Practical Takeaways for Employers from the Supreme Court Affirmative Action Decision

On 29 June 2023, the US Supreme Court issued its decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, and reversed the longstanding rule that race can be considered as a plus factor among…more

Affirmative Action, College Admissions, Diversity, Educational Institutions, Equal Employment Opportunity Commission (EEOC)

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Washington’s New Provisions on Preemptive Rights, Cumulative Voting, and Shareholder Approval on a Sale of Assets

Governor Jay Inslee recently signed Senate Bill 5003 (“SB 5003”) into law, which amends the Washington Business Corporation Act (“WBCA”) to (1) change the default rule relating to preemptive rights; (2) change the default rule…more

Business Corporation Act, Sale of Assets, Shareholder Approval, Shareholders

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Blocking and Tackling: What Every Health Care Provider's Legal, IT, and Compliance Teams Need to Know About Information Blocking to Make It Through the First Compliance Deadline's Goal Posts

INTRODUCTION - The Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology (ONC) is responsible for the implementation of key provisions of Title IV of the 21st Century Cures…more

21st Century Cures Act, Department of Health and Human Services (HHS), Disclosure Requirements, Health Care Providers, Information Blocking Rules

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COVID-19: The UK Logistics Sector: Future M&A Trends in a Post-Pandemic Environment

Introduction - Nothing focuses the mind more than when you cannot obtain food which, as Maslow's hierarchy of needs tells us, is the first building block of humanity's motivation (although it’s currently unclear where toilet…more

Business Interruption, Coronavirus/COVID-19, Investors, Supply Chain, UK

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Modernization of Evidence Rules in the New Belgian Civil Code

The approval of Book 8 of the new Belgian Civil Code introduces new rules on evidence. The aim is to clarify and modernize the current rules, as well as to make them more flexible. We have summarized the most important changes…more

Belgium, Civil Code, Evidence, Modernization

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The European Commission Sends Strong Signal Against Parallel Import Restrictions

On 23 May 2024, the European Commission (Commission) imposed a €337.5 million fine to one of the world’s leading manufacturers of chocolate, biscuits, and coffee products for restricting cross-border trade in these product…more

Competition, Cross-Border, Enforcement, EU, European Commission

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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District Court Judge Takes Narrow View of Preemption Under the Massachusetts Uniform Trade Secrets Act

On October 29, 2020, United States District Court Judge Denise J. Casper rejected the argument that the Massachusetts Uniform Trade Secret Act (MUTSA) preempts, and therefore bars, state law claims for misuse of confidential or…more

Confidential Information, Facebook, Misappropriation, Trade Secrets, UTSA

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Insurance Relationships Revisited

In a recent decision of the NSW Court of Appeal (the Court) in Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368, a firm of insurance brokers (Horsell) was ordered to indemnify an insured (Divetwo) in…more

Australia, Criminal Prosecution, Exclusions, Guilty Pleas, Indemnification

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Overriding Interest Summer 2024

Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest - Events - Case Reports…more

Building Codes, Building Standards, Commercial Real Estate Market, Compliance, Construction Project

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Delaware Supreme Court Holds That Expectation Damages Involving the Breach of an Obligation to Negotiate in Good Faith a License For Early Stage Drug Are Not Too Speculative

On December 23, 2015, the Delaware Supreme Court sitting en banc issued its second opinion in Siga Technologies Inc. v. PharmAthene, Inc. In its first decision, the Court reaffirmed its recent decision in Titan “that where…more

Breach of Contract, DE Supreme Court, En Banc Review, Expectation Damages, Good Faith

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Cross-border Cooperation: Federal Court of Australia Considers "Classic Candidate" for Coordination With High Court of New Zealand

On 22 August 2019, the Federal Court of Australia (Federal Court) delivered a judgment that provides guidance on the framework within which cross-border cooperation between courts located in different jurisdictions might occur…more

Australia, Cooperation, Cross-Border, Financial Services Industry, Jurisdiction

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HUB Talks: Payments Across the Globe Miniseries - Trends in Brazil

Judith Rinearson and Jeremy McLaughlin sit down with payments lawyers to cover the fintech market place, trends, and developments around the world in the Payments Across the Globe miniseries. In this episode Judith Rinearson…more

Banking Sector, Banks, Brazil, Financial Institutions, Financial Services Industry

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U.S. Supreme Court Narrows Scope of 28 U.S.C. § 1782 to Proceedings Before "Governmental or Intergovernmental Adjudicative Bodies"

On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or…more

28 U.S.C. § 1782, Adjudicatory Process, Discovery, International Arbitration, SCOTUS

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Proposed New Australian Hydrogen Production Incentives and Support

The Australian Government has recently announced proposed measures to support the production of hydrogen in Australia utilising renewable energy. These include a new hydrogen production tax incentive and are estimated to amount…more

Australia, Clean Energy, Energy Projects, Energy Sector, Energy Tax Incentives

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Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 13

In 2012, the last edition of this book included a Chapter on the evolving role of issuers and trustees in European CMBS transactions. Such a Chapter would probably not have been considered necessary in the 2006 first edition. At…more

Borrowers, CMBS, Commercial Real Estate Market, Credit Rating Agencies, EU

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

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California Enacts Landmark Crypto Licensing Law

To date, crypto companies have been able to operate in California without a license, but that will change effective July 2025 under the state’s newly-enacted “Digital Financial Assets Law” (the Law), signed by Governor Newsom on…more

Asset Management, California, Cryptocurrency, Digital Assets, Digital Currency

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

See all updates »

The Hydrogen Handbook - United States

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

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

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Alabama Supreme Court's Ruling Regarding In Vitro Fertilization and Its Impact on Fertilization Treatment Services Locally and Nationally

On 16 February 2024, the Supreme Court of Alabama published its opinion, “Supreme Court of Alabama, SC-2022-0515,” regarding whether embryos located outside the biological uterus are considered unborn children pursuant to…more

AL Supreme Court, Alabama, Fertility Treatments, Health Care Providers, Human Embryos

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Complying with the SEC’s Conflict Minerals Rules

Introduction - On August 22, 2012, the U.S. Securities and Exchange Commission (the “SEC”) adopted new rules (the “Final Rules”) pursuant to Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

Conflict Mineral Rules, Dodd-Frank, Due Diligence, Human Rights, Securities and Exchange Commission (SEC)

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Developers Beware – Restrictive Covenants Update

Executive summary - This is the first time that the Supreme Court has had to decide an appeal relating to section 84 of the Law of Property Act 1925 (section 84). This is the piece of legislation that gives the Upper Tribunal…more

Land Developers, Real Estate Development, Restrictive Covenants, UK, UK Supreme Court

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Hairdryer Treatment From UK Competition Regulators: More Red Cards in the Beautiful Game

Two decisions this year in the United Kingdom concerning Leicester City Football Club (Leicester City) and Newcastle United Football Club (Newcastle United) show that competition law may be becoming a more prevalent part of the…more

Competition, Competition Act, Enforcement, EU, Football

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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An Air of Change in CERCLA Liability? Pakootas v. Teck Cominco and CERCLA’s Federal Permit Shield

A case recently argued before the Ninth Circuit, Pakootas v. Teck Cominco Metals, Ltd., 9th Cir., No. 15-35228, could pave the way for a new theory of liability for parties who release air emissions during the course of…more

CERCLA, Clean Air Act, Department of Justice (DOJ), Environmental Protection Agency (EPA), Hazardous Substances

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Cleared for Landing: Aviation Newsletter

Cleared for Landing highlights significant developments and issues relating to aviation law and asset finance globally and is published jointly by our Aviation Industry and Banking & Asset Finance practice groups. This issue…more

Aircraft, Aircraft Financing, Airports, Airspace, Aviation Industry

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Litigation Minute: Representations and Warranties in Mergers & Acquisitions: Safety Net or Snare? (Deal Litigation Series: Part One of Four)

What You Need To Know In a Minute or Less - 2021 was an unprecedented year for mergers and acquisitions (M&A), with both the number of transactions and the dollar value of those deals hitting all-time highs…more

Acquisitions, Due Diligence, Mergers, Risk Mitigation, Warranties

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The US Corporate Transparency Act: Practical Considerations for Private Fund Sponsors as the Effective Date Approaches

Earlier this year, the US Congress passed the Corporate Transparency Act (CTA). The CTA will require thousands of privately held US and non-US entities to report beneficial ownership to the US Treasury Department’s Financial…more

Asset Management, Beneficial Owner, Corporate Transparency Act, Exemptions, FinCEN

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

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Unpacking CMS's Proposed Rule for Correcting Underpayments for 340B Drug Reimbursement

In this episode, Darlene Davis, Leah Richardson, and Andrew Ruskin unravel CMS’s proposed rule for the remedy for Medicare payments for drugs purchased under the 340B Program and reimbursed as hospital outpatient services. The…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Medicare, Medicare Advantage

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NSW Supreme Court Considers Inherent Risk and Peer Professional Opinion in Bariatric Surgery Case Polsen v Harrison (No. 8)

On 6 July 2023, Lonergan J found in favour of Dr Harrison (Defendant), in a complex bariatric surgery case brought by Katrina Polsen (Plaintiff). A full decision can be read here. BACKGROUND - On 22 July 2013, the Plaintiff…more

Australia, Evidence, Medical Malpractice, Negligence, Surgery

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Litigation Minute: Don't Get Disqualified - Representing Current and Separated Employees in Depositions

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. This practice, however, is governed by…more

Confidential Information, Depositions, Employees, Former Employee, Liability

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The SEC Significantly Expands the Scope of Form PF Reporting

Introduction and Summary - On 3 May 2023, the Securities and Exchange Commission (SEC) approved amendments to Form PF (the Amendments), the confidential reporting form required to be filed by certain SEC-registered private fund…more

Asset Management, CFTC, Form PF, Fund Managers, Hedge Funds

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Antitrust Investigations Into Supply of Construction Chemicals

The construction industry has been under the watchful eye of the United Kingdom’s Competition and Markets Authority (CMA) in recent times and there have been a number of high profile fines and director disqualifications. For…more

Construction Industry, Construction Project, Enforcement Actions, Investigations, Regulatory Standards

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Litigation Minute: Protecting Against Session Replay Suits (Session Replay Series: Part Four of Four)

What You Need To Know In A Minute Or Less - Throughout this series, we have discussed the recent surge of session replay lawsuits—particularly in Pennsylvania, California, and Florida—and the potential for these cases to involve…more

Consent, Cookies, Data Collection, Privacy Policy, Surveillance

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COVID-19 Vaccination Sweepstakes: Best Practices for Employee Incentives

In the current pandemic environment, employers are searching for increasingly creative ways to incentivize COVID-19 vaccination among their employees. “Vaccine sweepstakes,” by which employers offer cash or other prizes (often…more

Americans with Disabilities Act (ADA), Best Practices, Coronavirus/COVID-19, Employees, Equal Employment Opportunity Commission (EEOC)

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Major Reform of French Civil and Commercial Procedure

By several decrees dated 6 and 9 May 2017 (mainly decrees No. 2017-891, 2017-892, 2017-862 and 2017-888), the French government has enacted a substantial reform of several aspects of French civil procedure (which is also…more

Class Action, France, Rules of Civil Procedure

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Strategic Insurance Considerations for Emerging Coal Ash Bodily Injury Claims

Many utilities with historical coal-fired power plants are confronting increased regulatory scrutiny relating to the storage of coal combustion residuals (CCRs, also known as coal ash). Now, those utilities (and other companies…more

Bodily Injury, Coal, Coal Ash, Coal-Fired Plants, Dispute Resolution

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Luxembourg Modernises Its Insolvency Legislation

On 19 July 2023, the parliament of the Grand Duchy of Luxembourg (Luxembourg) passed bill no. 6539A into law (the New Insolvency Law), marking a significant milestone in the movement to modernise and enhance the competitiveness…more

Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring, Distressed Debt, EU

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QPAM Exemption Amendment—Key Takeaways and Action Steps for Advisors and Other Stakeholders

Executive Summary - Many investment advisers and other financial institutions rely on the Department of Labor’s QPAM Exemption when providing services to, and transacting with, employer-sponsored retirement plans, individual…more

Benefit Plan Sponsors, Compensation & Benefits, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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FERC Interconnection Reform is Full Steam Ahead

On 21 March 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 2023-A, rehearing and clarifying its landmark generator interconnection reform final rule. Order No. 2023-A largely upheld the interconnections…more

Deadlines, Energy Projects, Energy Sector, Energy Storage, FERC

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High Court of Australia to Hear Appeal on Recognition of ICSID Arbitral Award Against Spain in November 2022

The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in…more

Arbitration Awards, Australia, EU, Foreign Investment, High Court of Australia

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SEC Proposes Swing Pricing and a Hard Close for All Mutual Funds

Summary - On 2 November 2022, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to propose amendments (proposed amendments) to Rule 22c-1 under the Investment Company Act of 1940, as amended (1940 Act) that would…more

Investment Company Act of 1940, Mutual Funds, Securities and Exchange Commission (SEC), Swing Pricing

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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Urinary Catheter Fraud Sparks Proposed Medicare Payment Changes for ACOs

Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program got good news from The Centers for Medicare and Medicaid Services (CMS) related to widespread fraud involving urinary catheters that is…more

ACOs, Billing, Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Healthcare Fraud

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Plaintiff Entitled to Inspect Additional Documents Where Proper Purpose Demonstrated as to Mismanagement and Wrongdoing

In Paraflon Investments Ltd. v. Linkable Networks, Inc., C.A. No. 2017-0611-JRS (Del. Ch. April 3, 2020), the Delaware Court of Chancery (the “Court”) granted, in part, stockholder Paraflon Investments, Ltd.’s (“Paraflon”)…more

Mismanagement, Shareholder Litigation

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Incentivizing Vaccination: Federal Agencies Issue Guidance on Use of Health Insurance Discounts and Surcharges and the Impact on Employer Mandate Affordability

Introduction - On 4 October 2021, the Departments of Labor, Treasury, and Health and Human Services (the Departments) jointly issued a set of Frequently Asked Questions (FAQs) governing employers’ ability to provide discounts or…more

Coronavirus/COVID-19, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Health Insurance, Incentives

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Key Intellectual Property Takeaways for the Cannabis Industry

INTRODUCTION - Cannabis is a rapidly evolving field with 33 states and the District of Columbia having passed laws broadly legalizing some form of medicinal or recreational use…more

Cannabis Products, Intellectual Property Protection, Marijuana Related Businesses, Patents, Trademarks

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Ninth Circuit Overturns FTC-Requested Injunction Against Refusal To License Standard Essential Patents

In a decision that is potentially important for licensors as well as licensees of standard essential patents (SEPs), a panel of the Ninth Circuit has vacated an injunction that the U.S. District Court for the Northern District…more

Federal Trade Commission (FTC), Patents, Popular, Qualcomm, Sherman Act

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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Saved by the En Banc: CFPB Appears Here To Stay

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has been an agency under fire. Acting Director Mick Mulvaney has begun to institute significant changes at the Bureau. And last year, a panel of the D.C. Circuit…more

Administrative Proceedings, Article II, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank

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New Legislation Would Establish the First US National Comprehensive Privacy Law

On 7 April, US House Committee on Energy and Commerce (Energy and Commerce Committee) Chairwoman Cathy McMorris Rodgers (R-WA) and US Senate Committee on Commerce, Science, and Transportation (Commerce Committee) Chairwoman…more

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

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COVID-19: The UK Logistics Sector: Future M&A Trends in a Post-Pandemic Environment

Introduction - Nothing focuses the mind more than when you cannot obtain food which, as Maslow's hierarchy of needs tells us, is the first building block of humanity's motivation (although it’s currently unclear where toilet…more

Business Interruption, Coronavirus/COVID-19, Investors, Supply Chain, UK

See all updates »

Judge Dismisses FTC Case Against Welsh Carson but Enforcement Focus on Private Equity in Health Care Continues

On 13 May, a federal district court judge dismissed the Federal Trade Commission’s (FTC) antitrust case against private equity firm Welsh, Carson, Anderson & Stowe and affiliated entities (Welsh Carson). This matter has been…more

Anticompetitive Behavior, Antitrust Litigation, Antitrust Violations, Federal Trade Commission (FTC), Mergers

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Hart-Scott-Rodino Notification Thresholds to Increase and Filing Fees to Change

Beginning on 27 February 2023, the minimum value for transactions potentially requiring the filing of a Premerger Notification and Report Form under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR”…more

Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Premerger Notifications, Threshold Requirements

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Australian Corporate Insolvency Reform: the PJC's Report Is in, So What Can We Expect Next?

After a 10-month inquiry process, on 12 July 2023 the Parliamentary Joint Committee on Corporations and Financial Services (PJC) delivered its final report on the effectiveness of Australia’s corporate insolvency laws. In this…more

Australia, Corporate Restructuring, Debt Restructuring, Financial Services Industry, Insolvency

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Italian Supreme Court Tough Again on Formalities for Powers of Attorney

The Italian Supreme Court confirmed, yet again, the crucial importance of complying with certain Italian law formalities for the validity in Italy of a power of attorney granted and notarized abroad (the “PoA”). By decision no…more

Italy, Notarization, Power of Attorney

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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SEC Finalizes Amendments to Regulation S-P

On 16 May 2024, the Securities and Exchange Commission (SEC) adopted amendments (amendments) to Regulation S-P representing the first major changes to Regulation S-P since its initial adoption in 2000…more

Broker-Dealer, Financial Institutions, Financial Services Industry, Incident Response Plans, Investment Adviser

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

See all updates »

Carolinas Corporate Update

We are pleased to share the following representative engagements from 2014: Strategic M&A - We advised private and public companies and their subsidiaries, both domestic and foreign, in their merger and acquisition…more

Complex Corporate Transactions, Corporate Sales Transactions, Initial Public Offering (IPO), Private Equity

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Corner Post Magnifies Regulatory Uncertainty After Loper Bright

In its last opinion of this term, the US Supreme Court in Corner Post v. Board of Governors of the Federal Reserve System significantly extended the timeframe in which courts can review certain current and future regulations…more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Chevron Deference, Chevron v NRDC

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Proposed New Australian Hydrogen Production Incentives and Support

The Australian Government has recently announced proposed measures to support the production of hydrogen in Australia utilising renewable energy. These include a new hydrogen production tax incentive and are estimated to amount…more

Australia, Clean Energy, Energy Projects, Energy Sector, Energy Tax Incentives

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The Corporate Transparency Act: Through a Family Office Lens

The Corporate Transparency Act (CTA) is going into effect on 1 January 2024 and will mandate the disclosure of certain information related to beneficial owners and controllers of most US domestic entities and certain non-US…more

Asset Management, Beneficial Owner, Corporate Transparency Act, Family Limited Partnerships, FinCEN

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Japanese Government's Recent FAQ's Clarify How to Recognize E-Contract Services Under E-Signature Act

The Ministry of Internal Affairs and Communications, the Ministry of Justice, and the Ministry of Economy, Trade and Industry jointly issued FAQs (the FAQs) regarding the Act on Electronic Signatures and Certification Business…more

E-SIGN, E-Signatures, Electronic Agreements, Japan, Signatures

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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COVID-19: Bankruptcy Code Amendments in the Consolidated Appropriation Act and COVID-19 Bankruptcy Relief Extension Act

On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the…more

Bankruptcy Code, Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Creditors

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HUB Talks Presents: A Conversation on M&A with Jim Freund

In this episode of HUB Talks Presents, Corporate partner David Edgar discusses the ins and outs of mergers and acquisitions (M&A) law with well-known industry leader, Jim Freund. The two look back at Jim’s journey as an M&A…more

Acquisition Agreements, Acquisitions, Contract Negotiations, Merger Agreements, Mergers

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A Winning Combination: Uncle Sam’s Excess Property Inventory and the Opportunity Zone Tax Incentive

GSA Properties Open Window of Opportunity for Investors with Capital Gains - A new mandate requiring the federal government to sell property it no longer uses or needs creates significant “opportunities” for investors with…more

Capital Gains, General Services Administration (GSA), Opportunity Zones, Tax Cuts and Jobs Act, Tax Incentives

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District Court Shows Timeshare "Exit" Attorney the Exit

In May of 2022, a New Jersey District Court ruled in favor of Diamond Resorts, declining to find them liable under the Fair Credit Reporting Act. The case, Esperance v. Diamond Resorts, provides insight on how courts are…more

Credit Reports, Debt, Fair Credit Reporting Act (FCRA), Timeshare

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US Supreme Court Holds that an Appeal from a Denial of a Motion to Compel Arbitration Stays the District Court Proceeding

The US Supreme Court has settled the question of whether an interlocutory appeal of the denial of a motion to compel arbitration pursuant to Section 16(a) of the Federal Arbitration Act (FAA) automatically stays the district…more

Arbitration, Coinbase Inc v Bielski, Federal Arbitration Act, Motion to Compel, SCOTUS

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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German Whistleblower Protection Act Enters into Force

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain…more

Employees, Employer Responsibilities, Germany, Whistleblower Protection Policies, Whistleblowers

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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USPTO Considering Changes to Enforceability of Patents Subject to a Terminal Disclaimer

On 10 May 2024, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking aimed at changing the current practices surrounding terminal disclaimers. The proposed change could have substantial…more

Disclaimers, Double Patent, NPRM, Patent Ownership, Patents

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Changes to Federal Estate, Gift, and Generation-Skipping Transfer Tax Laws

President Trump signed the Tax Cuts and Jobs Act (the “Act”) on December 22, 2017, implementing a new law that affects many taxpayers. This Alert addresses some of the changes to the federal estate, gift, and generation-skipping…more

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

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K&L Gates Texas Environmental Legislative Review

The 84th Texas Legislature ended June 1, 2015. This was the first legislative session under Republican Governor Greg Abbott, and while over 6,000 bills were filed, approximately 1,300 were enacted. For your review, we have…more

Chemicals, Desalination, Landfills, New Legislation, Oil & Gas

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SEC Solicits Comments on Whether Index Providers, Model Portfolio Providers, and Pricing Services Are Investment Advisors: Seeking a Problem for a "Solution"

Introduction - On 15 June 2022, the Securities and Exchange Commission (SEC) issued a “Request for Comment on Certain Information Providers Acting as Investment Advisers” (Request)…more

Asset Management, Broker-Dealer, Fiduciary Duty, Investment Adviser, Investment Company Act of 1940

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Antitrust Investigations Into Supply of Construction Chemicals

The construction industry has been under the watchful eye of the United Kingdom’s Competition and Markets Authority (CMA) in recent times and there have been a number of high profile fines and director disqualifications. For…more

Construction Industry, Construction Project, Enforcement Actions, Investigations, Regulatory Standards

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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Litigation Minute: Obtaining Information After the Close of Discovery

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Imagine this scenario: you just learned that the opposing party is using the same witness or expert from your case in some related litigation. You have good reason to suspect that the…more

Disclosure Requirements, Discovery, Trial Preparation, Witness Statements, Witnesses

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Texas Updates

Over the last several months there have been a number of developments within the Electric Reliability Council of Texas (ERCOT) region. The most significant have been the issuance of a Joint Blackstart Availability Study and the…more

Electricity, Energy Sector, FERC, Natural Gas, NERC

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Major Patent Law Changes First-to-File Provisions - Effective March 16, 2013

On Saturday, March 16, 2013, the “first-inventor-to-file” provisions of the Leahy-Smith America Invents Act (“AIA”) go into effect. These provisions replace the current “first-to-invent” system. In addition to various other…more

America Invents Act, First-to-File, First-to-Invent, Patent Applications, Patent Reform

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Litigation Minute: Provisional Remedies in Federal Court: A Minute on Prejudgment Writs

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Provisional remedies are critical tools for preserving the parties' status quo until the court has had an opportunity to decide the case and issue a final judgment…more

Dispute Resolution, Garnishment, Sequestration, Writ of Attachment

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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COVID-19: (Australia) ASIC and ASX Announce Temporary Fundraising Relief for ASX-Listed Entities

*This information is accurate as of 2.00pm (Sydney time) Thursday 2 April 2020 and is subject to change as this situation evolves. In an attempt to provide publicly listed entities with enhanced fundraising flexibility in the…more

ASIC, Australia, Australian Securities Exchange (ASX), Coronavirus/COVID-19, Publicly-Traded Companies

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Australian Unfair Contract Terms Laws and International Business: High Court Finds Global Contract Subject to Australian Laws and Class Action Waiver Clause to be Unfair

In Brief - The High Court of Australia (the Court) has provided important guidance on the application of Australia’s unfair contract terms (UCT) regime to global standard form contracts, the validity of class action waiver…more

Australia, Australian Competition and Consumer Commission (ACCC), Australian Consumer Law, Class Action, Contract Terms

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Arbitration World

FROM THE EDITORS: Welcome to the 36th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Federal Arbitration Act

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May the Force Be with You: North Dakota Supreme Court Affirms that Force Majeure Clause Applies to Primary Term of Oil and Gas Leases

The North Dakota Supreme Court recently held, in Pennington v. Continental Resources, Inc., that a force majeure clause could toll the primary term of an oil and gas lease, even in the absence of initial operations or…more

Contract Terms, Force Majeure Clause, Leases, Oil & Gas

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Hydrogen Rising: Commercial Issues in Europe in the Development of the Hydrogen Value Chain

K&L Gates partner Tariq Fedda sits down with Hydrogen Rising co-hosts David Wochner, Partner at K&L Gates, and Sandra Safro, Associate General Counsel at the Edison Electric Institute, to discuss a range of commercial issues…more

Contract Negotiations, Department of Energy (DOE), Energy Market, Energy Projects, Energy Sector

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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When Transparency Becomes Opaque: District Court Finds Corporate Transparency Act Unconstitutional

Executive Summary - On 1 March 2024, the US District Court for the Northern District of Alabama issued an opinion holding the Corporate Transparency Act (CTA) unconstitutional…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, National Security

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11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges for Companies

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic…more

Antitrust Provisions, Competition, Digital Marketplace, EU, Germany

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Current Industry Terms and Observations: 2019 Seattle Investment Management Conference

AGENDA - - Where is the money going? - Where is the money coming from? - Observation of market terms - Ways to enhance returns - Changing terms and issues to consider - Practical realities of being an investor …more

CFIUS, Hedge Funds, Investment Funds, Private Equity, Venture Capital

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Hairdryer Treatment From UK Competition Regulators: More Red Cards in the Beautiful Game

Two decisions this year in the United Kingdom concerning Leicester City Football Club (Leicester City) and Newcastle United Football Club (Newcastle United) show that competition law may be becoming a more prevalent part of the…more

Competition, Competition Act, Enforcement, EU, Football

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Unprecedented Maine Supreme Court Reversal - A Huge Win for Maine Mortgage Lenders

Not often do courts explicitly reverse their own precedent, especially when that precedent was a unanimous 7-0 opinion issued only a few years earlier. But that is precisely what happened last week when the Supreme Judicial…more

Borrowers, Consumer Lenders, Financial Services Industry, Foreclosure, Mortgage Lenders

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Key Takeaways from the NLRB’s Flip-Flop on Joint Employment Standards

The National Labor Relation Board’s (“NLRB’s” or “Board’s”) standards for determining joint employment are in flux. In Browning-Ferris Industries, the Obama-era Board overturned three decades of precedent that limited joint…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Joint Employers, NLRA

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The End of Chevron Deference: What the Supreme Court's Ruling in Loper Bright Means for the Regulated Community

In a landmark ruling with far-reaching consequences for federal agencies and the regulated community, the Supreme Court overturned the 40-year-old Chevron doctrine. Loper Bright Enterprises v. Raimondo, decided on June 28, 2024,…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Ninth Circuit Finds That Costco Is Not Just a Retailer, but Actively Competes With Wholesalers With Respect to Robinson-Patman Price Discrimination Claims

Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet & Distrib…more

Costco, Price Discrimination, Retail Market, Retailers, Robinson-Patman Act

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Punch and File the License Agreement? The New Duty under German Law to Proactively Inform When Using Copyrights

New statutory duty for copyright users to proactively inform–first reporting required by 7 June 2023! Background - No matter if you are an online portal or a traditional company: anyone who uses creative content should…more

Copyright, Germany, License Agreements

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Fair Work Act Changes - Important Changes Approaching

In our recent alert, we set out some of the key upcoming changes in Australian employment law. Since then, there has been further progression as the Labor Government implements its workplace agenda. We have set out a timeline…more

Australia, Employee Rights, Fair Work Act, Flexible Work Arrangements, Paid Leave

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Right to Disconnect: A Needed Solution or a Potential Disruption to Businesses and Employees? Australia May Provide Some Guidance

The Proposed Law - On 15 February 2024, Assemblymember Matt Haney introduced Assembly Bill (AB) 2751—Employer Communications During Nonworking Hours. AB 2751 would cement an employee’s right to ignore communications from their…more

Employees, Employment Policies, Proposed Legislation, Right to Disconnect, Wage and Hour

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BTR Series Part 9—Navigating the Need for Foreign Investment Approval

In Part 9 of this series, we take a closer look at the foreign investment considerations for build-to-rent (BTR) projects. In particular, we consider the circumstances where a foreign developer or financier would likely need to…more

Australia, FIRB, Foreign Acquisitions, Foreign Investment, Real Estate Development

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North Carolina Court Rules in Favor of Commercial Property Policyholders: Government's COVID-19 Shutdown Orders Caused "Physical Loss" of Property

n a first-of-its-kind decision in the United States, a North Carolina state court recently granted summary judgment to a group of restaurants’ claims seeking insurance coverage for business interruption losses arising out of…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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Federal Agencies Have Placed a Heightened Priority on Whistleblowers and Speedy Cooperation

As new areas of the law emerge, driven in part by technology and the free flow of information, federal agencies are becoming more aggressive with a tried and true carrot-and-stick approach to law and regulatory enforcement. In…more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Government Agencies, Incentives

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2021 Health Care Employment Law Year in Review

Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different…more

Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, OSHA, Reasonable Accommodation

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FY2025 Budget Supports Biden Administration's Focus on Fairness in the Tax Code

Overview - On Monday, 11 March 2024, the Biden administration released the president’s budget request (PBR) for fiscal year 2025 (FY2025), as well as the “Greenbook” containing explanations of the various revenue proposals in…more

Biden Administration, Capital Gains, Excise Tax, Federal Budget, GILTI tax

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SEC Modernizes Share Repurchase Rules with New Repurchase Disclosures

On 3 May 2023, the Securities and Exchange Commission (the SEC) adopted amendments to modernize the disclosure requirements relating to repurchases of an issuer’s equity securities, including requiring issuers to provide…more

Asset Management, Capital Markets, Corporate Governance, Disclosure Requirements, Securities and Exchange Commission (SEC)

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Ensuring Continuity of Care Following a Cyberattack: ARPA-H Launches Project to Enhance Cybersecurity Tools for Health Care Organizations

In this episode, Rebecca Schaefer and Martin Folliard discuss cybersecurity threats faced by health care organizations and a new federal research agency initiative to help create security tools to protect the US health care…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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California's Updated Proposition 65 Regulations New Short-Form Warnings and More

Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June…more

California, Cancer, Consumer Product Companies, Food Safety, Manufacturers

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Keeping the Faith: Employer's Good Faith Belief Prevails

In a rare victory for employers, the California Supreme Court unanimously held in Naranjo v. Spectrum Sec. Serv., Inc., S279397 (Decided 6 May 2024) that an employer’s “objectively reasonable, good faith belief” that it has…more

CA Supreme Court, Compliance, Employer Liability Issues, Employer Responsibilities, Good Faith

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FERC Issues Landmark Transmission Planning Rule, Order No.1920: Final Rule Modifies the Proposed Rule, Drawing 2-1 Vote

For the first time in more than a decade, the Federal Energy Regulatory Commission (FERC or the Commission) issued what undoubtedly will be considered a landmark order that promises to fundamentally alter US regional…more

Electricity, Energy Sector, FERC, Transmission Planning, Utilities Sector

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Offshore Wind Handbook

The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that the…more

Asset Management, Biden Administration, BOEM, Energy Policy, Energy Projects

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

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Ten Things Consumer Packaged Goods Companies Should Do to Manage Co-Manufacturer Relationships

Many consumer packaged goods (CPG) companies’ contract with other companies to manufacture goods sold under the CPG companies’ label or brand. These arrangements are called “co-manufacturing” or “contract manufacturing.”…more

Compliance, Consumer Product Companies, Indemnity, Liability Insurance, Manufacturers

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Supreme Court Takes a Pass on Generic Drug Labeling Appeal

In the watershed case of PLIVA, Inc. v. Mensing, the United States Supreme Court determined that federal law preempts state law failure-to-warn claims against generic pharmaceutical manufacturers. More specifically, Mensing held…more

Abbreviated New Drug Application (ANDA), Failure To Warn, Food and Drug Administration (FDA), Generic Drugs, Labeling

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COVID-19: Washington State Resource Guide for Individuals Dealing with COVID-19 Financial Impacts

This guidebook is designed to serve as an interactive reference for individuals in Washington state looking for information and resources available to help with the financial impacts of COVID-19. It is not legal advice and the…more

CARES Act, Coronavirus/COVID-19, Debt, Eviction, Governor Inslee

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2014 Amendments Affecting Delaware Alternative Entities and the Contractual Statute of Limitations

On August 1, 2014, amendments to Delaware’s alternative business entity statutes, as well as the statute of limitations applicable to Delaware contracts, became effective. These amendments (the “2014 Amendments”) represent a…more

Breach of Contract, Contract Formation, Delaware General Corporation Law, Delaware Limited Liability Company Act, Statute of Limitations

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COVID-19: Overview of Asia-Pacific Measures and Reliefs

Welcome to our overview of various Asia-Pacific COVID-19 measures and reliefs. A proliferation of government measures has been issued in response to the coronavirus (“COVID-19”) outbreak. Our overview below summarizes some of…more

Asia Pacific, Coronavirus/COVID-19, Relief Measures

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Litigation Minute: Ethylene Oxide—Insurance Coverage Considerations (Ethylene Oxide Series: Part Four of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As the number of ethylene oxide (EO) lawsuits has risen in recent years, so have disputes regarding the obligation of insurers to defend and indemnify defendant policyholders from such…more

Chemicals, Insurance Industry, Liability Insurance, Toxic Exposure

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SECURE-ing Insurance Company Separate Account Assets for ETFs

On 29 December 2022, President Biden signed into law the SECURE Act 2.0 (SECURE 2.0) as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the 2019 passage of the Setting Every Community Up for Retirement…more

Asset Management, ETFs, Investment, Retirement Funds, Retirement Plan

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LNG by Rail Rule Suspension

The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule…more

Department of Transportation (DOT), Federal Railroad Administration, Hazardous Substances, Liquid Natural Gas, Oil & Gas

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FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality…more

Clean Water Act, Energy Projects, Energy Sector, Environmental Protection Agency (EPA), FERC

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Chlormequat Contamination in Food Products Draws Attention

Food manufacturers should pay close attention to the recent developments surrounding chlormequat chloride (chlormequat), a chemical that plaintiffs claim has been detected in various food products sold in the United States…more

Consumer Product Companies, Contamination, Environmental Protection Agency (EPA), Food Contamination, Food Manufacturers

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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USPTO Considering Changes to Enforceability of Patents Subject to a Terminal Disclaimer

On 10 May 2024, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking aimed at changing the current practices surrounding terminal disclaimers. The proposed change could have substantial…more

Disclaimers, Double Patent, NPRM, Patent Ownership, Patents

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Arbitration World: A Spelling Error in Vienna

In this episode, Declan Gallivan (Senior Disputes Associate in London) speaks with Florian Haugeneder (Founder and Partner of Austrian law firm KNOETZL) to discuss a simple spelling mistake which ultimately led to an important…more

Arbitration, Arbitration Agreements, Arbitrators, Austria, Dispute Resolution

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Delaware Supreme Court Adopts a New "Universal" Test for Establishing Demand Futility Granting Directors Greater Protection Against Derivative Suits

The Supreme Court of Delaware recently adopted a new three-part “universal” test to determine whether pre-suit demand upon a company’s board should be excused as futile. The new test, endorsed by the Court in United Food and…more

Board Members, Corporate Counsel, DE Supreme Court, Derivative Suit, Financial Services Industry

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COVID-19: PPP Eligibility of Debtors in Bankruptcy

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), a lending program for small businesses pursuant to which up to 100 percent of the principal loan amount is…more

CARES Act, Debtors, Paycheck Protection Program (PPP), SBA

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DOT Releases Policy Recommendations Targeting Supply Chain Disruption

Dozens of ships anchored outside of America’s busiest ports, steadily spiking freight rates, and frustrated consumers inheriting both the paralyzing delays and the exorbitant price increases: these have been the painful…more

Biden Administration, Critical Infrastructure Sectors, Department of Transportation (DOT), Executive Orders, Federal Maritime Commission

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Student Athletes No More, NLRB Reinstates Scope of NLRA Section 7 to Include "Players at Academic Institutions"

On 8 February 2022, the National College Players Association, an advocacy group for college athletes, filed an unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the National Collegiate…more

Collective Bargaining, College Athletes, Colleges, Department of Labor (DOL), NLRA

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New Legislation Would Establish the First US National Comprehensive Privacy Law

On 7 April, US House Committee on Energy and Commerce (Energy and Commerce Committee) Chairwoman Cathy McMorris Rodgers (R-WA) and US Senate Committee on Commerce, Science, and Transportation (Commerce Committee) Chairwoman…more

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

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HUB Talks: Talking Sports Law: A Conversation with Brandon Briggs of Inter Miami CF

On this episode of Talking Sports Law, co-hosts John Wilson and Trevor Gates talk with Brandon Briggs, Deputy General Counsel of Inter Miami CF, one of the most recent expansion clubs in Major League Soccer. The conversation…more

Arenas and Stadiums, Athletes, Soccer, Sports, Sports Betting

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German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)

A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision…more

Coronavirus/COVID-19, Creditors, Debt Restructuring, Debtors, Germany

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U.S. Supreme Court Narrows Scope of 28 U.S.C. § 1782 to Proceedings Before "Governmental or Intergovernmental Adjudicative Bodies"

On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or…more

28 U.S.C. § 1782, Adjudicatory Process, Discovery, International Arbitration, SCOTUS

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Litigation Minute: Bankruptcy Issues for Vendors and Other Contractual Counterparties

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Companies should anticipate the possibility that they will find themselves in a situation where a vendor, customer, or other contract counterparty commences a bankruptcy case pursuant…more

Automatic Stay, Bankruptcy Code, Executory Contracts, Supply Contracts, Vendors

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Pennsylvania Superior Court Applies a Stricter Burden of Proof to Enforce "Browsewrap" Arbitration Clauses, Departing From Other Jurisdictions

On 19 July 2023, the Pennsylvania Superior Court established a set of requirements for companies that rely on “browsewrap” agreements in order to secure consumers’ consent to arbitration. In a departure from other courts that…more

Arbitration, Arbitration Agreements, Browsewrap Agreement, Dispute Resolution

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New Legislation Would Establish the First US National Comprehensive Privacy Law

On 7 April, US House Committee on Energy and Commerce (Energy and Commerce Committee) Chairwoman Cathy McMorris Rodgers (R-WA) and US Senate Committee on Commerce, Science, and Transportation (Commerce Committee) Chairwoman…more

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

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Insurance Relationships Revisited

In a recent decision of the NSW Court of Appeal (the Court) in Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368, a firm of insurance brokers (Horsell) was ordered to indemnify an insured (Divetwo) in…more

Australia, Criminal Prosecution, Exclusions, Guilty Pleas, Indemnification

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The Hydrogen Handbook - United States

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

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

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Victorian Vendors to Pick Up the Land Tax Bill: Adjustments of Land Tax Banned

It is longstanding conveyancing practice for the vendor’s land tax liability to be included in the usual settlement adjustments between a vendor and purchaser. This practice will be banned for most sales of land in Victoria…more

Australia, Investors, Land Owners, Purchasers, Tax Liability

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Central Bank of Ireland Issues New Guidance on Investment by Digital Assets by QIAIFs

On 4 April 2023, the Central Bank of Ireland (the Central Bank) published the 47th edition of its Alternative Investment Fund Managers Directive (AIFMD) Q&A document (the AIFMD Q&A), and in a significant development, the Central…more

Asset Management, Central Bank of Ireland, Digital Assets, Investment Management, Ireland

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Brussels Regulatory Brief: May 2024

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a…more

Digital Services, Economic Sanctions, Energy Sector, Environmental Social & Governance (ESG), EU

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COVID-19: Retail and Commercial Leasing Matrix (Updated)

The COVID-19 Retail and Commercial Leasing Matrix (Matrix) provides landlords and tenants with an overview of the COVID-19 response measures which have been enacted in each Australian State and Territory following the release of…more

Australia, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords

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SEC Increases the "Qualified Client" Net Worth and Assets Under Management Thresholds

INTRODUCTION - On 17 June 2021, the U.S. Securities and Exchange Commission (the SEC) issued an order to: (i) increase the net worth threshold for “qualified clients” under Rule 205-3 of the Investment Advisers Act of 1940, as…more

Asset Management, Financial Services Industry, Fund Managers, Investment Advisers Act of 1940, Investment Funds

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SEC Finalizes Major Changes to Shareholder Report Disclosure Scheme and Investment Company Advertisement Rules

On 26 October 2022, the Securities and Exchange Commission (SEC) adopted final rule and form amendments (the Final Rules) representing major reforms to: 1) shareholder reports for open-end mutual funds and exchange-traded funds…more

Asset Management, Corporate Governance, Disclosure, ETFs, Investment Companies

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Another Win for Policyholders as Illinois Reverses Course and Joins the Majority of States Recognizing CGL Policies Cover Property Damage Caused by Construction Defects

On 30 November 2023, Illinois joined the majority of states that recognize that commercial general liability (CGL) insurance covers damage to one part of a construction project caused by construction defects in other parts of…more

Commercial General Liability Policies, Construction Defects, Construction Industry, IL Supreme Court, Policy Terms

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The Italian Reform of Transport and Freight Forwarding Contracts

Introduction - On 14 January 2022, the reform of the Italian Civil Code (ICC) concerning transport and freight forwarding came into force. The reform was introduced by Article 30-bis of Law Decree no. 152 of 6 November 2021…more

Freight Forwarding, Italy, Motor Carriers, Surface Transportation

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Health Care Triage: Health Care Transactions Trends in 2021 and Beyond

In this week’s episode, Josh Skora interviews Rick Giovannelli and Ken Marlow about current trends in health care transactions, with a particular focus on how COVID-19 has affected pricing considerations and the appetite for…more

Acquisitions, Buyers, Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities

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When Saying More Gets You Less: The Federal Circuit Affirms That Superfluous Prosecution Arguments Can Limit Doctrine of Equivalents Infringement

Prosecution history estoppel can bar a claim of patent infringement under the doctrine of equivalents where a patentee’s statements lead a competitor to reasonably believe the patentee had surrendered the relevant subject…more

Biosimilars, Patent Infringement, Patent Litigation, Patent-in-Suit, Patents

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Overview of the CFPB's Proposed Open Banking Rule and Final Industry Standard Setting Rule

The financial services and banking industry landscape continues to evolve in the face of new and emerging technologies. This phenomenon is especially prevalent in the sharing of consumer data between financial institutions and…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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EPA Releases Final TSCA Scope Document for First Two Phthalate Chemicals

The Biden administration continues its rollback of environmental policies employed by the prior administration, as evidenced by the U.S. Environmental Protection Agency’s (EPA) recent release of final scope documents for the…more

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

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

See all updates »

Litigation Minute: Earn-Out Provisions (Deal Litigation Series: Part Two of Four)

What You Need to Know in a Minute or Less - An earn-out provision is a common provision in an acquisition agreement that makes a portion of the purchase price contingent on satisfaction of certain post-closing targets or other…more

Acquisition Agreements, Acquisitions, Earn-Outs

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Trademarks and Unfair Competition

It is my pleasure to present the second issue of our bulletin this year, which contains interesting and important information on trademarks, unfair competition and, in this issue, personal data. There have been big changes in…more

EU, European Union Intellectual Property Office (EUIPO), Trademark Infringement, Trademark Registration, Trademarks

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

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Fashion Law Newsletter - March 2018

Style is something each of us already has, all we need to do is find it." – Diane von Furstenberg Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion…more

Australia, Brand, Cybersquatting, Domain Names, Fashion Branding

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Social Media and Beyond: California Ushers in New Employment Laws for 2013

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees; new…more

Appearance Policy, Breastfeeding, Discrimination, Passwords, Personnel Records

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[Webinar] Regulating AI: The Potential Impact of Global Regulation of Artificial Intelligence–Part III - December 12th, 3:00 pm - 5:00 pm ET

This event is Part III of our series “Regulating AI: The Potential Impact of Global Regulation of Artificial Intelligence.” The program will take place virtually and in-person at our Washington, D.C. office and will feature…more

Artificial Intelligence, Federal Funding, Legislative Agendas, Machine Learning, Natural Language Processing

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COVID-19: CFPB Narrows Servicers' Obligations in Final COVID-19 Mortgage Servicing Regulations

In the wake of the COVID-19 pandemic, the Consumer Financial Protection Bureau (CFPB) issued a series of proposed amendments to the federal servicing regulations designed to assist mortgage borrowers impacted by the pandemic and…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Mortgage Lenders, Mortgage Servicers

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SEC Adopts New Rule 12d1-4 Overhauling Fund of Funds Arrangements--Are You Ready?

I. EXECUTIVE SUMMARY - On 7 October 2020, the Securities and Exchange Commission (the SEC) adopted new rule 12d1-4 (Rule 12d1-4) and related amendments under the Investment Company Act of 1940 (the 1940 Act) that it believes…more

ETFs, ETMFs, Investment Adviser, Investment Companies, Investment Company Act of 1940

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USCIS Increases Fees for Employer-Based Petitions

On 30 January 2024, the US Citizenship and Immigration Services (USCIS) published a final rule (Final Rule) increasing the premium processing fee from US$2,500 to US$2,805, increasing filing fees for I-129 and I-140…more

Filing Fees, Form I-129, Form I-140 Petitions, Immigration Procedures, Nonprofits

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Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime…more

Acquisitions, Australia, Australian Competition and Consumer Commission (ACCC), Competition, Merger Controls

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UK Government Publishes Long-Awaited Hydrogen Strategy

The UK government, through the Department of Business, Energy and Industrial Strategy (DBEIS), published its long-awaited hydrogen strategy on 17 August 2021. The strategy, presented by DBEIS Secretary Kwasi Kwarteng, builds on…more

Clean Energy, Energy Projects, Energy Sector, Green Energy, Hydrogen Power

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Beyond a Reasonable DAOubt: Tennessee's Limited Liability Statute for Decentralized Autonomous Organizations (DAOs)

On 20 April 2022, Tennessee became the second state in the United States to create a specialized business entity for decentralized autonomous organizations (DAOs), an emerging collaborative management structure for legal…more

Blockchain, Business Entities, Decentralized Finance (DeFi), Digital Assets, Limited Liability Company (LLC)

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The Practical Effects of the Building Safety Act 2022

The first provisions of the Building Safety Act 2022 (BSA) came into force on 28 June 2022 and the remainder are expected to be implemented by October 2023. The BSA introduces a new regime governing the design, construction,…more

Construction Industry, Housing Developers, Real Estate Development, Safety Standards, UK

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SEC and FINRA Broker-Dealer Enforcement: Recapping 2023 and Previewing 2024

With the close of FINRA’s fiscal year comes the opportunity for broker-dealer firms to consider where regulators have focused their enforcement efforts and also what can be expected in the coming year. Fortunately, FINRA has…more

Anti-Money Laundering, Broker-Dealer, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Investment

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A Bright Outlook for Solar Energy in South Carolina

South Carolina’s major utilities recently submitted their proposed distributed energy resource programs to the South Carolina Public Service Commission (PSC) for approval. The proposals come in the wake of the South Carolina…more

Renewable Energy, Solar Energy, Utilities Sector

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Maui Wildfires - Coverage Considerations and What Business Policyholders Need to Know

The Maui wildfires are now the deadliest—and certainly among the most destructive—in modern US history, already outpacing the loss of life and impact on critical wildlife habitat/species of the 2018 Camp fire in California…more

Business Interruption, Commercial Insurance Policies, Insurance Claims, Insurance Industry, Natural Disasters

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Trump Administration Issues Flurry of Last Minute Healthcare Regulations: What Will the Incoming Administration Do Next?

On 20 November 2020, the Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General finalized several rules from President Trump’s health care agenda that…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Medicare

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Cleared to Land: Aviation Newsletter

Happy new year and welcome to our latest edition of K&L Gates’ Cleared to Land published jointly by our Aviation and Banking & Asset Finance practice groups to keep you updated on significant developments and issues relating to…more

Airports, Airspace, Aviation Industry, Investors, Letters of Intent

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Lay of the Land: Global Office Trends

In our second episode of Lay of the Land, hosts Heather Horowitz, Jen McCosker, Christian Major, Tobias Gries, and Anna Amprimo discuss office asset market trends in the United States, Australia, the UK, Germany, and Italy…more

Commercial Buildings, Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Environmental Social & Governance (ESG)

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Global Boardroom Risk Solutions Newsletter

“Risk is sexy?” - Anonymous GC - Not every Director or General Counsel (GC) is likely to describe risk analysis as “sexy” but there is little doubt that risk issues have demanded a board level focus which would have been…more

Chief Compliance Officers, EU, Natural Gas, Oil & Gas, Oil Prices

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

See all updates »

Hypothetical Performance Crackdown: Nine Firms Charged With Violations of Investment Adviser Marketing and Recordkeeping Rules

On 11 September 2023, the Securities and Exchange Commission (SEC) announced charges against nine investment advisers for violations of: (i) the hypothetical performance requirements set forth in Advisers Act Rule 206(4)-1 (the…more

Asset Management, Enforcement Actions, Investment Adviser, Recordkeeping Requirements, Securities and Exchange Commission (SEC)

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What Privilege Rules Govern My International Arbitration?

International arbitration inevitably involves different parties from different jurisdictions. The parties, their counsel, the seat, the arbitrators, the governing law of the contract, the setting of the relevant facts, and the…more

Arbitration, Attorney-Client Privilege, Australia, International Arbitration, Jurisdiction

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Hairdryer Treatment From UK Competition Regulators: More Red Cards in the Beautiful Game

Two decisions this year in the United Kingdom concerning Leicester City Football Club (Leicester City) and Newcastle United Football Club (Newcastle United) show that competition law may be becoming a more prevalent part of the…more

Competition, Competition Act, Enforcement, EU, Football

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German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)

A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision…more

Coronavirus/COVID-19, Creditors, Debt Restructuring, Debtors, Germany

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Be Ready When the Dragon Awakens—Breathing Fire Back Into Business: What You Need to Know if You Are Coming to China in 2023

What will you be doing on 8 January 2023? Many will head to the spa for National Bubble Bath Day, while others will be eating English toffee for National English Toffee Day. But for the thousands of businesses with investments…more

China, Corporate Taxes, Tax Benefits, Tax Treaty, Work Permits

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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May 2024 ESG Policy Update—Australia

AUSTRALIAN UPDATE - Updated Bill to Introduce Climate-Related Financial Reporting Regime - Background - The Australian Government released the first reading draft of the Treasury Laws Amendment (Financial Market Infrastructure…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Clean Energy, Climate Change

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Court Orders Elimination of Medicare Appeals Backlog by 2022

On November 1, 2018, the United States District Court for the District of Columbia (“District Court”) issued an order and memorandum opinion addressing the government’s current backlog of administrative appeals for Medicare…more

Administrative Appeals, Administrative Backlogs, Department of Health and Human Services (HHS), Health Care Providers, Medicare

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In the Weeds: Why Arbitration May Be the Key to Preserving Enforcement of Cannabis M&A and VC Contracts

As 2022 hits, new markets continue to beckon for the cannabis industry, with New York, New Jersey, and Virginia all set to open business for recreational marijuana sales in the next 18-24 months…more

Acquisitions, Arbitration, Cannabis-Related Businesses (CRBs), Contract Disputes, Contract Terms

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

See all updates »

Implementing Berkheimer: Shifting the Examination Burden at the USPTO

In the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank Int’l, the Supreme Court cemented a two-step framework for determining whether a patent claim is ineligible for patenting under §101. The first step assesses…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, Section 101

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Amendments to the Qatar Commercial Companies Law

The Qatar Commercial Companies Law Number 11 of 2015 (the Companies Law) has recently been amended by Law Number 8 of 2021 (the Amending Law). The Amending Law introduces significant changes to the Companies Law, enhancing the…more

Corporate Governance, Qatar

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June 2024 ESG Policy Update—Australia

Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to…more

Amended Regulation, Australia, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

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Key Intellectual Property Takeaways for the Cannabis Industry

INTRODUCTION - Cannabis is a rapidly evolving field with 33 states and the District of Columbia having passed laws broadly legalizing some form of medicinal or recreational use…more

Cannabis Products, Intellectual Property Protection, Marijuana Related Businesses, Patents, Trademarks

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Brussels Regulatory Brief: May 2024

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a…more

Digital Services, Economic Sanctions, Energy Sector, Environmental Social & Governance (ESG), EU

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COVID-19: UK Public Sector Construction - Cabinet Office publishes FAQs regarding PPN02/20

Further to our recent blog post “COVID-19: UK Public Sector Construction - cash flow relief for suppliers” on 31 March 2020, in which we set out guidance on the Government’s Procurement Policy Note - Supplier relief due to…more

Construction Contracts, Construction Industry, Construction Project, Procurement Guidelines, UK

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Addressing Whistleblower Claims Under Sarbanes-Oxley and Beyond: US Supreme Court Hears Argument on Burden of Proof Requirements

The United States Supreme Court recently heard oral argument in a case arising under the whistleblower provisions of the Sarbanes-Oxley Act of 2002 (SOX), presenting the question of who must prove intent in a whistleblower…more

Anti-Retaliation Provisions, Burden of Proof, Publicly-Traded Companies, Sarbanes-Oxley, SCOTUS

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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HUB Talks: Arbitration World: Virtual Collaboration Tools and their e-Discovery implications in Arbitration and Litigation

Join London Commercial Disputes Partner Martin King and Seattle Partner Julie Anne Halter—practice group coordinator for K&L Gates’ e-Discovery Analysis and Technology group (e-DAT)—as they discuss virtual collaboration tools…more

Arbitration, Arbitrators, Collaboration, Data Collection, Discovery

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PTAB’s Motion to Amend Patentability Powers

In a 2-1 split decision on Wednesday, July 22, 2020, the Federal Circuit confirmed that the Patent Trial and Appeal Board (“PTAB“) had the authority to reject substitute claims under 35 U.S.C. §§ 101 and 112, statutory grounds…more

Patent Litigation, Patent Trial and Appeal Board, Patents

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Life Insurance – Some Sales Tactics Exposed

An Australian Securities & Investments Commission (ASIC) Report, "Sale of Direct Life Insurance" (Report), has exposed systemic issues within the life insurance industry. The findings include a number of dramatic case studies…more

ASIC, Australia, Insurance Industry, Life Insurance

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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FY2025 Budget Supports Biden Administration's Focus on Fairness in the Tax Code

Overview - On Monday, 11 March 2024, the Biden administration released the president’s budget request (PBR) for fiscal year 2025 (FY2025), as well as the “Greenbook” containing explanations of the various revenue proposals in…more

Biden Administration, Capital Gains, Excise Tax, Federal Budget, GILTI tax

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Recent Developments to the 340B Drug Pricing Program

In this episode Victoria Hamscho, Andrew Ruskin, and Leah Richardson provide an update on key developments to the 340B Program. They discuss the effects of the Supreme Court’s decision earlier this year overturning 340B hospital…more

Drug Pricing, Hospitals, Medicare Advantage, Outpatient Prospective Payment System (OPPS), Proposed Rules

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Banks Take Notice: FDIC Continues Regulatory Scrutiny of Fees Charged to Consumers

New guidance from the Federal Deposit Insurance Corporation (FDIC), released on 18 August 2022, regarding multiple re-presentment nonsufficient funds (NSF) fees, suggests that banks eliminate the fees altogether and continues…more

Banking Sector, FDIC, Fees, Financial Institutions, Financial Services Industry

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

COVID-19: Real Estate Finance and COVID-19 - Will COVID-19 Trigger a Material Adverse Change (MAC) Clause?

In this Alert our real estate and finance lawyers will look at whether COVID-19 can trigger Material Adverse Change Clauses (MAC) in facility and loan agreements…more

Coronavirus/COVID-19, Loan Agreements, MACs, Material Adverse Change Clauses (MACs), UK

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Jarkesy's Impact on Agency Enforcement Proceedings: Potential Implications for the SEC and Beyond

On 27 June 2024, in a ruling much-anticipated by the securities industry and other similarly regulated industries, the Supreme Court (the Court) held in SEC v. Jarkesy that when the Securities and Exchange Commission (SEC) seeks…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Investment Advisers Act of 1940, Jury Trial

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Secure Jobs, Better Pay Bill Introduced Into Parliament

The Federal Government recently introduced the Secure Jobs, Better Pay Bill 2022 (Cth) (Bill) into Parliament, which proposes to amend the Fair Work Act 2009 (Cth) (Act) and the operation of the Fair Work Commission (FWC). If…more

Australia, Collective Bargaining, Employee Rights, Employer Responsibilities, Enterprise Bargaining

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PRIIPs KID – The New Disclosure Document for Manufacturers and Distributors of Funds, Structured Securities and Other Packaged Investment Products

Commencing on 1 January 2018, European and non-European entities or persons producing or selling packaged retail investment and insurance-based products (so-called PRIIPs) to retail investors in Europe, will be required under…more

EU, European Supervisory Authorities (ESAs), Financial Institutions, MiFID II, Packaged Retail And Insurance-Based Investment Products (PRIIPS)

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SECURE 2.0 Act Legislation Includes Significant Changes to Individual Retirement Accounts

Late last year, Congress enacted a sweeping set of new retirement savings rules. The SECURE 2.0 Act of 2022 (SECURE 2.0), included as part of the Consolidated Appropriations Act, 2023, builds on the significant retirement…more

Consolidated Appropriations Act (CAA), Excise Tax, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement

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EPA's New Strategic Civil-Criminal Enforcement Policy: Will Enhanced Coordination Lead to More Criminal Enforcement?

On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of…more

Clean Air Act, Clean Water Act, Compliance, Criminal Penalties, Enforcement

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Workplace Reform Rolls on… Again

The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill…more

Arbitration, Australia, Compliance, Employees, Employer Liability Issues

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Cross-border Investigations: When Are Documents Developed in the Course of an Internal Investigation Protected by Legal Privilege?

Introduction - A recent decision by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) (“FCC”) has renewed important questions with respect to legal privilege, its varied conceptual and practical scopes and…more

Attorney-Client Privilege, Constitutional Courts, Criminal Investigations, Germany, Internal Investigations

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[Webinar] Regulating AI: The Potential Impact of Global Regulation of Artificial Intelligence – Part II - December 7th, 10:00 am - 11:00 am SGT

This will be a panel discussion featuring a series of webinars that address the potential impacts of artificial intelligence (AI) regulations on business across the globe. Recent developments in general availability of AI and…more

Artificial Intelligence, Asia Pacific, Best Practices, Business Operations, Ethics

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Litigation Minute: Putting Generative AI to Work in Discovery (Generative AI Series: Part Three of Three)

What You Need To Know In A Minute Or Less Generative AI or “GenAI” is already transforming how we handle discovery in numerous ways, including:   Providing faster access to meaningful information and key documents to help…more

Artificial Intelligence, Data Collection, Databases, Discovery, Document Review

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The Year Ahead: The Financial Conduct Authority's Ambitious Enforcement Plans for 2024/2025

In 2022, for the first time, the Financial Conduct Authority (FCA) published a three-year strategy setting out three key themes for promoting positive change, namely: (1) reducing and preventing serious financial harm and crime,…more

Anti-Money Laundering, Enforcement Actions, Financial Conduct Authority (FCA), Financial Services Industry, Fraud

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Supreme Court Redefines Framework for Determining Whether a Patent Case is Exceptional and Warrants an Award of Attorney’s Fees

On April 29, 2014, the Supreme Court delivered much-anticipated decisions in the Octane and Highmark cases and redefined the framework for determining whether a patent lawsuit is “exceptional,” justifying an award of attorney’s…more

Attorney's Fees, Highmark v. Allcare, Octane Fitness v. ICON, Patent Infringement, Patent Litigation

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WA Regulation of Performance Security in Contracts

All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new…more

Australia, Construction Contracts, Construction Industry, Construction Project, Notice Requirements

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Agribusiness, Food & Beverage Sector Year in Review

2019 was a productive and thought-provoking year for our global agribusiness, food and beverage team. Over the course of the year our lawyers worked on numerous exciting and meaningful matters with our clients…more

Agribusiness, Agricultural Sector, Dietary Supplements, Farm & Fisherman Bankruptcies, Food Labeling

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Should Job Applicants be Permitted to Use Artificial Intelligence?

As employers explore ways to use Artificial Intelligence (AI) within the bounds of existing and emerging legislation and guidance, and as government agencies, states, and municipalities seek to regulate AI in employment and…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Job Applicants

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Overriding Interest Summer 2024

Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest - Events - Case Reports…more

Building Codes, Building Standards, Commercial Real Estate Market, Compliance, Construction Project

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SEC Adopts Final Rule Implementing Amendments to Regulation S-K, Regulation S-X, and other Securities Laws to Simplify Disclosure Requirements

In August 2018, the Securities and Exchange Commission (the “Commission”) adopted amendments to certain disclosure requirements set forth in Regulation S-K, Regulation S-X, and other Commission rules and forms promulgated under…more

Amended Regulation, Disclosure Requirements, Final Rules, Financial Statements, GAAP

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Keeping “PACE” in Commercial Real Estate Improvements: A Primer on the New Washington Commercial Property Assessed Clean Energy and Resiliency (C-PACER) Program

Commercial property owners in the state of Washington may soon have access to a new source of funding for energy efficiency, renewable energy, and resiliency improvements to their buildings. Washington’s C-PACER legislation…more

Clean Energy, Commercial Property Owners, Loans, Mortgages, Property Owners

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New Legislation Would Establish the First US National Comprehensive Privacy Law

On 7 April, US House Committee on Energy and Commerce (Energy and Commerce Committee) Chairwoman Cathy McMorris Rodgers (R-WA) and US Senate Committee on Commerce, Science, and Transportation (Commerce Committee) Chairwoman…more

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

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Current Industry Terms and Observations: 2019 Seattle Investment Management Conference

AGENDA - - Where is the money going? - Where is the money coming from? - Observation of market terms - Ways to enhance returns - Changing terms and issues to consider - Practical realities of being an investor …more

CFIUS, Hedge Funds, Investment Funds, Private Equity, Venture Capital

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What's in a Fund Name? SEC Approves Changes to the Fund Names Rule

On 20 September 2023, the US Securities and Exchange Commission (the SEC) adopted amendments to Rule 35d-1 (the Names Rule or Rule) under the Investment Company Act of 1940, as amended (the 1940 Act), and made related form…more

Financial Services Industry, Fund Managers, Investment Companies, Investment Company Act of 1940, Investment Funds

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German Whistleblower Protection Act Enters into Force

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain…more

Employees, Employer Responsibilities, Germany, Whistleblower Protection Policies, Whistleblowers

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SEC Adopts Final Rules for Cybersecurity Disclosures

Companies will soon face new reporting requirements with respect to cybersecurity incidents and governance after the US Securities and Exchange Commission (SEC) adopted final rules on 26 July 2023. The final rules supplement…more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 10-K

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In a Section 262 Appraisal Rights Proceeding, Chancery Court Accepts a Modified Version of Petitioners' Valuation of a Merging Company's Stock

In Manichaean Capital, LLC, et al. v. SourceHOV Holdings, Inc., C.A. No. 2017-0673-JRS (Del. Ch. January 30, 2019), certain minority stockholders of a merging company filed a petition with the Delaware Court of Chancery (the…more

Appraisal, Delaware General Corporation Law, Mergers, Section 262, Shareholder Rights

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Supreme Court Issues Decision Regarding False Claims Act's Scienter Element

The United States Supreme Court recently held that a defendant’s subjective belief is always relevant to the False Claims Act’s scienter element, regardless of what an objectively reasonable person may have believed. This means…more

Drug Pricing, False Claims Act (FCA), Pharmaceutical Industry, Pharmacies, Prescription Drugs

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The Third Time Is the Charm: The Eleventh Circuit Allows Creditor's Use of Commercial Mail Vendor

On 8 September 2022, sitting en banc, the Eleventh Circuit held that a debt collector’s communication of a customer’s information to the debt collector’s private, third-party commercial mail vendor was not actionable under the…more

Article III, Collection Agencies, Debt Collection, Debt Collectors, FDCPA

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US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments in…more

CFIUS, China, Civil Monetary Penalty, Critical Infrastructure Sectors, Executive Orders

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Health Care Triage: Highlights for Research Institutions and Sponsors in FDA's Recent Draft Guidance on Decentralized Clinical Trials

In this episode, Michael Hinckle and Rebecca Schaefer provide an overview of FDA’s recently issued draft guidance on decentralized clinical trials. They review the goals of the guidance to promote diversity in clinical trials,…more

Biologics, Clinical Trials, Comment Period, Draft Guidance, Food and Drug Administration (FDA)

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Does the Dapper Settlement Offer Rules of the Road for NFT Issuers?

Dapper Labs (Dapper) has agreed to settle a putative class action suit brought by private plaintiffs, subject to court approval, putting to rest allegations that its NBA-endorsed nonfungible tokens (NFTs) were offered and sold…more

Blockchain, Digital Assets, Financial Services Industry, Non-Fungible Tokens (NFTs), Putative Class Actions

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Chinese Premier's Australia Visit – Key Takeaways for Business

In June 2024, China's premier Li Qiang (the head of government and the second most senior Chinese government official) visited Australia, marking the first time in seven years that a Chinese premier has visited the country…more

Australia, Business Opportunities, China, Cross-Border, Economic Development

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Litigation Minute: Current Issues in Cryptocurrency-Related Litigation (Cryptocurrency Litigation Series: Part Four of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Blockchain and distributed ledger technology hold great promise for advancements in logistics and supply chain management, health care, finance, and many other aspects of business and…more

Blockchain, Cryptocurrency, Digital Assets, Distributed Ledger Technology (DLT), Risk Management

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Arbitration World

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, China

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Biometric Privacy Statutes and Insurance Coverage: Recent Developments in Illinois and the National Landscape

Introduction - Disputes between insurers and their policyholders relating to insurers’ coverage obligations in biometric privacy-related litigation are on the rise. Over the past year, insurers have commenced a number of…more

Biometric Information, Biometric Information Privacy Act, Illinois, Insurance Industry, Policy Terms

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Shipping Emissions Remain a Focus of Reintroduced House Bill

In honor of World Oceans Day, House Natural Resources Committee Chair Raúl Grijalva (D-AZ) reintroduced legislation aimed at addressing the ocean impacts of climate change and reforming federal ocean management to better account…more

Greenhouse Gas Emissions, MARAD, Maritime Transport, NOAA, Reporting Requirements

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Session II - Private Fund Developments: 2019 Boston Investment Management Conference

RECENT SEC ENFORCEMENT ACTIONS - FEES AND EXPENSE ALLOCATIONS - ECP Manager (Sept. 27, 2019) Administrative Proceeding File No. 3-19535 - - A PE adviser settled claims which alleged that it caused its fund to overpay…more

Capital Gains, Enforcement Actions, Investment Management, Investors, Opportunity Zones

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Brussels Regulatory Brief: May 2024

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a…more

Digital Services, Economic Sanctions, Energy Sector, Environmental Social & Governance (ESG), EU

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Preparing for the Next Hanjin: The Unique Challenges and Ripple Effects of Maritime Insolvency and Restructuring

As we attempt to mitigate the potential effects of the COVID-19 pandemic on our global supply chain, stakeholders should be actively considering downstream impacts. In this current environment, considering prospective internal…more

Commercial Bankruptcy, Insolvency, Maritime Liens, Restructuring, Shipping Cargo

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The Eleventh Circuit Has Ruled that Websites Are Not Places of Public Accommodation-Unless Congress Says So

In a recent landmark ruling, the Eleventh Circuit Court of Appeals has held that websites are not places of public accommodation within the meaning of Title III of the Americans with Disabilities Act (ADA). In a 2-1 decision,…more

Americans with Disabilities Act (ADA), Corporate Counsel, Reasonable Accommodation, Website Accessibility, Websites

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COVID-19: Federal Reserve Board Expands Terms and Conditions of Main Street Lending Program to Improve Accessibility to Small and Medium-sized Businesses

On June 8, 2020, the Federal Reserve Board (FRB) updated the terms and conditions to the Main Street Lending Program (the Program): the Main Street New Loan Facility (MSNLF), the Main Street Priority Loan Facility (MSPLF), and…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Expanded Loan Facility, Main Street Lending Programs

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Arbitration World - November 2021

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the…more

Arbitral Authority, Arbitration, Arbitration Agreements, Arbitration Awards, Dispute Resolution

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Corner Post Magnifies Regulatory Uncertainty After Loper Bright

In its last opinion of this term, the US Supreme Court in Corner Post v. Board of Governors of the Federal Reserve System significantly extended the timeframe in which courts can review certain current and future regulations…more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Chevron Deference, Chevron v NRDC

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Offshore Wind Handbook

The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that the…more

Asset Management, Biden Administration, BOEM, Energy Policy, Energy Projects

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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Sports and Only Sports: 1st Circuit Addresses Scope of the Wire Act

The U.S. Court of Appeals for the 1st Circuit recently issued an important decision regarding the scope of the Wire Act. Aligning itself with the 5th Circuit, the 1st Circuit concluded that, in all of its applications, the Wire…more

Department of Justice (DOJ), Gambling, Sports, Sports Betting, Sports Gambling

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COVID-19: Crisis Management for End-Users of Swaps and Repos: Key Issues in Responding to Margin Calls and Early Termination Notices

Counterparties to swap and repurchase transactions have come under pressure following the financial dislocations caused by the novel coronavirus pandemic in 2020 (“COVID-19”). Falling and illiquid markets may result in margin…more

Collateral, Coronavirus/COVID-19, Crisis Management, ISDA, ISDA Master Agreement

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State Department Aims to Streamline Export Controls for Future Collaboration Among the United States, United Kingdom, and Australia

On 1 May 2024, the US State Department’s Directorate of Defense Trade Controls (DDTC) issued a proposed rule to amend the International Traffic in Arms Regulations (ITAR) to support the goals of the trilateral security…more

AUKUS, Australia, Directorate of Defense Trade Controls (DDTC), Exemptions, Export Controls

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High Court of Australia to Hear Appeal on Recognition of ICSID Arbitral Award Against Spain in November 2022

The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in…more

Arbitration Awards, Australia, EU, Foreign Investment, High Court of Australia

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Continuation of contracts under an insolvency proceeding governed by French law: Better be short!

When a company is in good standing and healthy, the question of the renewal of a contract or its duration arises only in a competitive environment. In case of an insolvency proceeding, the situation is more complex, notably for…more

Contract Term, EU, Insolvency

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Lay of the Land: Successful Real Estate Projects: Creating a Community at The Wharf in Southwest Washington, D.C.

In this episode, hosts Alex Kaplan and Heather Horowitz speak with guest Andrew Son, President of District Wharf Properties. The Wharf is one of the largest and most successful real estate projects developed in Washington, D.C.,…more

Community Development, Construction Project, Housing Developers, Housing Market, Real Estate Development

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Global Employer Guide

K&L Gates is proud to release the latest update of our Global Employer Guide. Created to complement our global employer solutions service, the interactive guide provides a quick, concise summary of the main employment law…more

Background Checks, Confidentiality Agreements, Employment Contract, Hiring & Firing, International Labor Laws

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The Decision of the International Court of Justice in Certain Iranian Assets

Implications for the Enforcement of Investor-state Arbitration Awards Arising From the Application of International Sanctions Against Russia - On 30 March 2023, the International Court of Justice (ICJ) issued its judgment in…more

Economic Sanctions, Foreign Investment, International Arbitration, Investor-State Arbitration, Iran

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Australian Federal Budget 2024-2025 - Key Tax Measures and Instant Insights

The Australian Federal Government (the Government) has just released its budget for 2024-25. The K&L Gates tax team outlines the key announced tax measures and our instant insights into what they mean for you in practice…more

Australia, Capital Gains Tax, Energy Tax Incentives, Federal Budget, Hydrogen Power

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

See all updates »

Introduction of the Taiwan Limited Partnership Act

On June 24, 2015, the new Limited Partnership Act was announced by President Ma Ying-jeou and will become effective on a date to be set by the Executive Yuan. The Act allows the establishment of a limited partnership in Taiwan,…more

Commercial Bankruptcy, Entrepreneurs, General Partner, Limited Partnerships, Taiwan

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Global Food, Drugs, Medical Devices and Cosmetics Newsletter - 3rd Edition

Welcome - We are pleased to provide you with the Fall edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. This newsletter provides updates on important issues and developments across these…more

China, Clinical Trials, Cosmetics, EU, Food Labeling

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French IP Law Update – The Delicate Balance between Employers and Inventors: A French Revolution?

Counsel from jurisdictions where payments to employee-inventors only arise from contracts or employee incentive programs are sometimes surprised when they first become involved with jurisdictions that have statutory payment…more

Employees, France, Inventors, Patent Applications, Patents

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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Health Care Triage: Medicare Advantage False Claims Act Developments

In this episode, Stephen Bittinger and Nathan Huff discuss the growth of Medicare Part C (Medicare Advantage), new enforcements for Medicare Advantage Organization fraud, recent cases of False Claims Act liability, and key…more

Enforcement Actions, False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Medicare

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Islamic Finance in Germany: Roundtable Report

On 4 June 2013, Rüdiger von Hülst and Matthias Grund of the Berlin and Frankfurt offices of international law firm K&L Gates hosted a roundtable in relation to the future role of Islamic finance in the German economy…more

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The Year Ahead: The Financial Conduct Authority's Ambitious Enforcement Plans for 2024/2025

In 2022, for the first time, the Financial Conduct Authority (FCA) published a three-year strategy setting out three key themes for promoting positive change, namely: (1) reducing and preventing serious financial harm and crime,…more

Anti-Money Laundering, Enforcement Actions, Financial Conduct Authority (FCA), Financial Services Industry, Fraud

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Tax and Estate Planning Opportunities to Consider Now

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

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

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Miami Legal Tropics: Sexual Harassment & Holiday Parties

In this episode, K&L Gates Miami partner April Boyer and associate Yamilet Hurtado discuss a number of key issues on “How To Keep Your Holiday Party Festive While Still Complying with Employment Laws”. The “most wonderful time…more

Anti-Discrimination Policies, Anti-Harassment Policies, Dress Codes, Drunk Driving, Employer Liability Issues

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Amendments to the Qatar Commercial Companies Law

The Qatar Commercial Companies Law Number 11 of 2015 (the Companies Law) has recently been amended by Law Number 8 of 2021 (the Amending Law). The Amending Law introduces significant changes to the Companies Law, enhancing the…more

Corporate Governance, Qatar

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CMS Proposed Rule Seeks to Provide Transparency and Efficiency in Preauthorization Process

INTRODUCTION - On 13 December 2022, the Centers for Medicare and Medicaid Services (CMS) published CMS-0057-P (the Rule),1 a proposed rule that, if adopted, will place new requirements on a number of entities, including Medicare…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare Advantage, Qualified Health Plans

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Delaware Court Finds Corporate Officers Have Duty of Oversight and Sexual Harassment Can Be a Breach of the Duty of Loyalty

Overview - On 26 January 2023, the Delaware Court of Chancery (the Court) issued an important decision for corporations and their officers, finding for the first time that corporate officers—not just directors—owe a fiduciary…more

Breach of Duty, Corporate Culture, Corporate Officers, Delaware, Duty of Loyalty

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SEC Finalizes Expanded Proxy Voting Reporting and New Say-On-Pay Reporting Requirements

On 2 November 2022, by a vote of 3-2 (with Commissioners Hester Peirce and Mark Uyeda objecting), the Securities and Exchange Commission (SEC) adopted, substantially as proposed in September 2021, final form and rule amendments…more

Corporate Counsel, Corporate Governance, Investment Management, Proxy Voting, Proxy Voting Guidelines

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

See all updates »

The Committee on Foreign Investment in the United States Sharpens Its Enforcement Edge: Proposed Regulatory Revisions Expand Penalty Authority

On 15 April 2024, the Treasury Department’s Office of Investment Security published a Proposed Rule to revise the regulations governing the Committee on Foreign Investment in the United States (CFIUS or the Committee). The…more

CFIUS, Civil Monetary Penalty, Enforcement, Foreign Acquisitions, Foreign Investment

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Deep-Sea Mining – Article 1: What Is Happening With Deep-Sea Mining?

Debate continues on whether the UAE Consensus achieved at COP28 represents a promising step forward or a missed opportunity in the drive towards climate neutral energy systems. However, the agreement that countries should…more

Energy Sector, Green Energy, Minerals, Mining, Natural Resources

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Federal Circuit Confirms Cuozzo Does Not Disturb § 314(d) Bar on Appellate Review of PTAB Reconsideration of IPR Institutions

The Federal Circuit’s recent decision in Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., addressed the effect of the Supreme Court’s decision in Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131 (2016), on the issue of…more

Cuozzo Speed Technologies v Lee, Inter Partes Review (IPR) Proceeding, Medtronic, Patent Litigation, Patent Trial and Appeal Board

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Goodridge & Anor v Baker [2023] VSC 331

This is a Limitations of Actions Act 1958 (Vic) (LAA) ruling that was handed down on 16 June 2023 in the context of a medical negligence claim. Adam and Michelle Goodridge brought an application for an extension of time in…more

Australia, Claim Limitations, Discovery, Dispute Resolution, Health Care Providers

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AML Update: SEC and FinCEN Propose Anti-Money Laundering and Customer Identification Programs for Investment Advisers

Introduction - On 13 May 2024, the Securities and Exchange Commission (SEC) and the US Department of Treasury’s (DoT) Financial Crimes Enforcement Network (FinCEN) jointly proposed rulemaking to implement Section 326 of the USA…more

Anti-Money Laundering, Asset Management, Banks, Compliance, Customer Identification Program (CIP)

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White Paper: CMS Finalizes Updates to the Stark Law to Reduce Regulatory Burdens and Provide Flexibility to Providers

On 2 December 2020, the Centers for Medicare & Medicaid Services (CMS) published a Notice of Final Rulemaking in the Federal Register (Final Rule), modifying the regulations implementing the federal physician self-referral law…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Donations, Health Care Providers

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Down Goes Chevron—Environmental Challenges Will Soon Follow

On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Government Agencies

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US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments in…more

CFIUS, China, Civil Monetary Penalty, Critical Infrastructure Sectors, Executive Orders

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COVID-19: Evaluating the Need for In-Person Fund Board Meetings and Other Considerations for U.S. Asset Managers

The pandemic coronavirus (COVID-19) has significantly disrupted certain industries and markets, and captured the attention of market participants. This client alert reviews the March 4, 2020 SEC guidance issued in response to…more

Asset Management, Board of Directors, Coronavirus/COVID-19, Health and Safety, Infectious Diseases

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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The Sixth Circuit Holds That an Arbitration Clause in an Expired Contract Still Applies

Does the duty to arbitrate survive the expiration of a contract? The United States Court of Appeals, Sixth Circuit recently held “yes.” The Sixth Circuit became the first federal appeals court to examine whether a contract’s…more

Arbitration, Contract Term, Employer Liability Issues, Employment Contract, Mandatory Arbitration Clauses

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The False Claims Act and Health Care: 2020 Recoveries and 2021 Outlook

False Claims Act (FCA) civil fraud recoveries in Fiscal Year (FY) 2020 dropped over US$850 million when compared to those in FY 2019. While the more than US$2.2 billion in recoveries in FY 2020 continued a general downward trend…more

Enforcement Actions, False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Investigations

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Threading the Needle: The US Securities and Exchange Commission's Final Climate-Related Disclosure Rules

On 6 March 2023, by a 3-2 vote of the Commissioners split along party lines, the US Securities and Exchange Commission (SEC) adopted “The Enhancement and Standardization of Climate-Related Disclosures for Investors” final…more

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

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

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FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality…more

Clean Water Act, Energy Projects, Energy Sector, Environmental Protection Agency (EPA), FERC

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June 2024 ESG Policy Update—Australia

Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to…more

Amended Regulation, Australia, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

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Practical Update on the Building Safety Act 2022

Over six months has passed since many of the principal measures in the Building Safety Act 2022 (BSA) came into force on 1 October 2023 in what was one of the most comprehensive reforms of building safety legislation in the last…more

Building Standards, Construction Industry, Real Estate Development, Safety Standards, UK

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Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime…more

Acquisitions, Australia, Australian Competition and Consumer Commission (ACCC), Competition, Merger Controls

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Working Wise: Silenced No More: A Survey Across Three States

Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit…more

Confidentiality Agreements, Employer Liability Issues, Employment Discrimination, Non-Disclosure Agreement, Retaliation

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FERC Issues 2021 Enforcement Report

On 18 November 2021, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2021 Annual Report on Enforcement (FY2021 Report). The FY2021 Report provides an overview of…more

Energy Sector, Enforcement Actions, FERC, Investigations, Market Manipulation

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The Essentials - California Employment Law Update

The October 2022 edition of the Essentials marks the end of California’s legislative session. As a helpful summary, we have outlined key provisions of many of the new California employment laws for 2023: MOST SIGNIFICANT,…more

Bereavement Leave, Employees, Employer Responsibilities, Minimum Wage, Paid Leave

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Chancery Court Honors Shareholder Representative Provision Holding Selling Stockholders Are Not Real Parties-In-Interest

In Fortis Advisors LLC, v. Allergan W.C. Holding Inc., C.A. No. 2019-0159-NTZ (Del. Ch. May 14, 2020), a shareholder representative appointed pursuant to a merger agreement asserted a claim on behalf of selling stockholders for…more

Allergan Inc, Corporate Sales Transactions, Discovery, Merger Agreements, Shareholder Rights

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Litigation Minute: Class-Action Challenges to Natural and Clean Beauty Product Claims (Beauty and Wellness Series: Part Two of Three)

What You Need To Know In A Minute Or Less - A recent rise in class-action complaints against beauty industry leaders, targeting the use of “clean” or “natural” descriptions in cosmetics, further highlights the tightrope brands…more

Advertising, Class Action, Cosmetics, Personal Care Products, Product Labels

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Brussels Regulatory Brief: May 2024

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a…more

Digital Services, Economic Sanctions, Energy Sector, Environmental Social & Governance (ESG), EU

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Real Estate Developers Grapple with CEQA’S Vehicle Miles Traveled Metric for Measuring Transportation Impacts

The metric by which transportation impacts are analyzed under the California Environmental Quality Act (“CEQA”) has changed, and real estate developers are quickly realizing that it is affecting the economic bottom line of their…more

CEQA, Mitigation, Real Estate Development, Transportation Industry

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FTC Announces New HSR Notification Thresholds and Filing Fees for 2024

On 22 January 2024, the Federal Trade Commission (FTC) announced new, increased thresholds and filing fees for transactions requiring premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications, Size of Persons Test

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Litigation Minute: Putting Generative AI to Work in Discovery (Generative AI Series: Part Three of Three)

What You Need To Know In A Minute Or Less Generative AI or “GenAI” is already transforming how we handle discovery in numerous ways, including:   Providing faster access to meaningful information and key documents to help…more

Artificial Intelligence, Data Collection, Databases, Discovery, Document Review

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Will Group Costs Orders "Anchor" Class Actions in Victoria?

INTRODUCTION - The Victorian Supreme Court is fast becoming the jurisdiction of choice for class actions. This is because on 1 July 2020 the Victorian Supreme Court was given power to make orders permitting a law firm to be…more

Australia, Class Action, Dispute Resolution

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

See all updates »

COVID-19: Implications on M&A Transactions

As the spread of COVID-19 continues to accelerate throughout the world and the financial markets experience increasing amounts of turmoil, companies engaged in mergers and acquisitions are grappling with increased risk and…more

Acquisition Agreements, Acquisitions, Closing Documents, Coronavirus/COVID-19, Due Diligence

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AML Update: SEC and FinCEN Propose Anti-Money Laundering and Customer Identification Programs for Investment Advisers

Introduction - On 13 May 2024, the Securities and Exchange Commission (SEC) and the US Department of Treasury’s (DoT) Financial Crimes Enforcement Network (FinCEN) jointly proposed rulemaking to implement Section 326 of the USA…more

Anti-Money Laundering, Asset Management, Banks, Compliance, Customer Identification Program (CIP)

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Public Consultation for the Proposed Advisory Guidelines on Use of Personal Data in AI Recommendation and Decision Systems

On 18 July 2023, Singapore’s data protection authority published proposed guidelines on the use of personal data in artificial intelligence (AI) systems (Proposed Guidelines). The Proposed Guidelines will be up for public…more

Artificial Intelligence, Data Protection, Data Protection Authority, Machine Learning, Singapore

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SEC Enforcement Targets Anti-Whistleblower Practices in Financial Firm's Release Agreements With Retail Clients

As the year gets underway, the Securities and Exchange Commission (SEC or Commission) is continuing its ongoing enforcement efforts to target anti-whistleblower practices by pursuing a broader range of entities and substantive…more

Cease and Desist, Civil Monetary Penalty, Compliance, Confidentiality Agreements, Enforcement Actions

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PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can…more

Bodily Injury, Contamination, Hazardous Substances, Health and Safety, Insurance Industry

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IMO Industries Tackles New Jersey Law on Host of Insurance Coverage Issues

On September 30, 2014, New Jersey’s Appellate Division ruled on a bevy of insurance coverage issues in the long-tail liability context, including exhaustion of primary policies, application of policy limits to multi-year and…more

Duty to Defend, Insurance Industry, Long-Tail Claims, Policy Limits

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Russia-Ukraine Sanctions in Australia

In the response to the ongoing war in Ukraine, the Australian Government announced yesterday further economic sanctions against Russia, with Australia to impose a 35 percent tariff on all imports from Russia and Belarus…more

Australia, Economic Sanctions, Export Controls, Military Conflict, Most-Favored Nations

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Strengthening National Security in Investments: Exploring the Implications of the Significant Investments Review Bill

On 9 January 2024, the Parliament of Singapore passed the Significant Investments Review Bill (SIRB). The SIRB aims to enhance national security by introducing measures to screen investments, both local and foreign, in entities…more

Business Entities, Foreign Investment, Foreign Ownership, Investment, National Security

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International Arbitration and the Singapore International Arbitration Centre

International arbitration is widely accepted as a preferred method of resolving cross-border commercial disputes, whether on a stand-alone basis or in conjunction with other alternative dispute resolution methods, including…more

Arbitration, Arbitration Awards, Dispute Resolution, International Arbitration, SIAC

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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SASH (Sexual Assault and Sexual Harassment) Reporting in the Maritime Industry Key Issues for All US Flag Commercial Vessel Owners and Operators

When Congress enacted the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, it included several provisions requiring owners and operators of US flag commercial vessels to report complaints and incidents of…more

Coast Guard, Maritime Transport, Reporting Requirements, Sexual Assault, Sexual Harassment

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Fraud May Not Always Unravel All–What Does the Contract Say?

Introduction - In the recent case of Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2024] EWHC 35 (TCC), the English High Court has determined that a limitation of liability clause in a…more

Breach of Contract, Contract Terms, Fraud, Limitation of Liability Clause, Misrepresentation

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Oracle Special Litigation Committee Defeats Motion to Compel Production of Protected Work Product

In In re Oracle Corporation Derivative Litigation, Consolidated C.A. No. 2017-0337-SG (Del. Ch. July 9, 2020), the Delaware Court of Chancery (the “Court”) determined that a special litigation committee (the “SLC”) of the board…more

Breach of Duty, Derivative Suit, Fiduciary Duty, Motion to Compel, Subpoenas

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SEC Issues Long-Awaited Climate Risk Disclosure Rule

Introduction - On Wednesday, 6 March 2024, the Securities and Exchange Commission (SEC) approved its highly anticipated final rules on “The Enhancement and Standardization of Climate-Related Disclosures for Investors” by a vote…more

Asset Management, Board of Directors, Climate Change, Corporate Governance, Disclosure Requirements

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COVID-19: Bill to Enable Virtual Shareholder Meetings in Germany

Restrictions on public gatherings currently prevent German public companies from holding their shareholder meetings. On 23 March, the German government published a draft bill amending German corporate law governing shareholder…more

Coronavirus/COVID-19, Germany, Remote Working, Shareholder Meetings, Shareholders

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AML Update: SEC and FinCEN Propose Anti-Money Laundering and Customer Identification Programs for Investment Advisers

Introduction - On 13 May 2024, the Securities and Exchange Commission (SEC) and the US Department of Treasury’s (DoT) Financial Crimes Enforcement Network (FinCEN) jointly proposed rulemaking to implement Section 326 of the USA…more

Anti-Money Laundering, Asset Management, Banks, Compliance, Customer Identification Program (CIP)

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Litigation Minute: Litigation Holds in the Investment Management Industry

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Given the complexity of the transactions and arrangements involved, entities operating in the investment management industry face significant and unique obligations and risks,…more

Asset Management, Complex Litigation, Financial Services Industry, Investment Management

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FTC Announces New HSR Notification Thresholds and Filing Fees for 2024

On 22 January 2024, the Federal Trade Commission (FTC) announced new, increased thresholds and filing fees for transactions requiring premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as…more

Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications, Size of Persons Test

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COVID-19 Vaccination Sweepstakes: Best Practices for Employee Incentives

In the current pandemic environment, employers are searching for increasingly creative ways to incentivize COVID-19 vaccination among their employees. “Vaccine sweepstakes,” by which employers offer cash or other prizes (often…more

Americans with Disabilities Act (ADA), Best Practices, Coronavirus/COVID-19, Employees, Equal Employment Opportunity Commission (EEOC)

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When Transparency Becomes Opaque: District Court Finds Corporate Transparency Act Unconstitutional

Executive Summary - On 1 March 2024, the US District Court for the Northern District of Alabama issued an opinion holding the Corporate Transparency Act (CTA) unconstitutional…more

Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN, National Security

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Competition Law "Leaves its Studs in" on UEFA and FIFA

Introduction - The Court of Justice of the European Union (CJEU) has issued two major decisions in separate cases concerning sporting organisations’ ability to regulate their: (i) competitions; and (ii) members’ activities which…more

Competition, Court of Justice of the European Union (CJEU), EU, European Commission, Fédération Internationale de Football Association (FIFA)

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Health Care Triage: Cybersecurity & HIPAA: NIST’s Practical Guidance Updates for Covered Entities and Business Associates

In this episode, Rebecca Schaefer and J.D. Koesters review key components of the recent National Institute of Standards and Technology (NIST) revised publication regarding cybersecurity. They highlight how this resource…more

Business Associates, Covered Entities, Cybersecurity, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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The False Claims Act & Health Care: 2019 Recoveries and 2020 Outlook

In 2019, the False Claims Act (“FCA”) remained the federal government’s (“Government”) primary method of civil fraud enforcement. While the more than $3 billion in civil fraud recoveries in Fiscal Year (“FY”) 2019 resulted from…more

Anti-Kickback Statute, Enforcement Actions, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

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EPA Further Expands NPL List - Is Your Company a Potentially Responsible Party?

On 17 March 2022, the U.S. Environmental Protection Agency (EPA) announced the addition of twelve sites to the Superfund National Priorities List (NPL). The EPA has determined that releases of contamination at these sites pose…more

Contaminated Properties, Environmental Protection Agency (EPA), National Priorities List (NPL), Potentially Responsible Party (PRP), Superfund

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COVID-19: Los Angeles Issues Order Exempting Certain Businesses from Providing Supplemental Paid Sick Leave to Employees Affected by COVID-19

The City of Los Angeles has issued a new order relieving several categories of businesses from their obligations to comply with the City’s requirements for employers to provide supplemental sick leave pay to employees affected…more

Coronavirus/COVID-19, Employee Benefits, Mayor Garcetti, Risk Management, Sick Leave

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Crisis Averted: How The USCG Environmental Crimes Voluntary Disclosure Policy Can Shield Against Prosecution

A vessel owner or operator discovers a (potential) environmental violation; now what? As the saying goes, the cover-up is worse than the crime. Over 13 years since its inception, the U.S. Coast Guard (USCG) Environmental Crimes…more

Coast Guard, Department of Justice (DOJ), Disclosure Requirements, Environmental Crimes

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Jarkesy's Impact on Agency Enforcement Proceedings: Potential Implications for the SEC and Beyond

On 27 June 2024, in a ruling much-anticipated by the securities industry and other similarly regulated industries, the Supreme Court (the Court) held in SEC v. Jarkesy that when the Securities and Exchange Commission (SEC) seeks…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Investment Advisers Act of 1940, Jury Trial

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Recent and Upcoming Enhancements to Singapore's Work Pass Framework

On 29 August 2022, Singapore’s Ministry of Manpower (MOM), Ministry of Trade and Industry, and Ministry of Communications and Information announced four key enhancements to Singapore’s work pass framework, namely: Introduction…more

Employment Policies, Ministry of Manpower, Singapore

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COVID-19: Air Carrier Worker Support Under the CARES Act

Last Friday, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”), which will provide, among other things, financial assistance directed towards the continued…more

Airlines, Aviation Industry, CARES Act, Coronavirus/COVID-19, Federal Loans

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The Burden of Corporate Probation May Follow an Antitrust Conviction

The Antitrust Division of the Department of Justice (the “Division”) has announced a major policy shift. When a company has been convicted for a criminal antitrust offense, the Division may seek to impose the significant burdens…more

Chief Compliance Officers, Convictions, Corporate Counsel, Criminal Antitrust Litigation, Department of Justice (DOJ)

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Will Group Costs Orders "Anchor" Class Actions in Victoria?

INTRODUCTION - The Victorian Supreme Court is fast becoming the jurisdiction of choice for class actions. This is because on 1 July 2020 the Victorian Supreme Court was given power to make orders permitting a law firm to be…more

Australia, Class Action, Dispute Resolution

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Trump Administration Begins “Round 4” in the Battle Over Clean Water Act Jurisdiction

Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). If finalized in its current form, the rule would eliminate federal…more

Clean Water Act, Discharge of Pollutants, Environmental Protection Agency (EPA), Navigable Waters, Trump Administration

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Litigation Minute: Obtaining Information After the Close of Discovery

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Imagine this scenario: you just learned that the opposing party is using the same witness or expert from your case in some related litigation. You have good reason to suspect that the…more

Disclosure Requirements, Discovery, Trial Preparation, Witness Statements, Witnesses

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USPTO Announces Second Round of AIA Rule Changes

On August 20, 2015, the Patent and Trademark Office published, in the Federal Register, a set of “Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board” that would amend 37 CFR Part 42. Among…more

America Invents Act, Broadest Reasonable Interpretation Standard, Cuozzo Speed Technologies, Federal Register, Patent Ownership

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The ESG Debate Heats Up: State AGs Investigating Asset Manager Involvement in ESG Initiatives and Related Proxy Voting

Over the past two weeks, multiple state attorneys general have sent civil investigative demands (CIDs) or subpoenas to asset managers regarding their involvement in the environmental, social, and governance (ESG) initiatives…more

Asset Management, Civil Investigation Demand, Environmental Social & Governance (ESG), Investigations, Investment Funds

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Surprise Billing Regulations: Impact on Out-of-Network Providers

On 1 July 2021, the United Stated Office of Personnel Management, and the Departments of the Treasury, Labor, and Health and Human Services (collectively, the Departments) issued an Interim Final Rule (the IFR) implementing the…more

Affordable Care Act, Health Care Providers, Health Insurance, Out of Network Provider, Surprise Medical Bills

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Civil Forfeiture: Can the Government Really Seize and Take Ownership of My Company’s Assets?

In 2017, the Department of Justice (“DOJ”) reported more than $8.2 billion held in its forfeited-assets fund, which is a $600 million increase from the $7.6 billion in the fund in 2016. The cases brought by the government in…more

Asset Seizure, Civil Forfeiture, Corporate Investigations, Department of Justice (DOJ), Forfeiture

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Ethylene Oxide: The Litigation Risks and Regulatory Issues Ahead

Companies using ethylene oxide (EtO) in their operations should be aware of the substantial increase in litigation and regulatory activities surrounding the compound and how those developments may affect their businesses. With…more

Air Pollution, Chemicals, Environmental Protection Agency (EPA), Hazardous Substances, Regulatory Standards

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Right to Disconnect: A Needed Solution or a Potential Disruption to Businesses and Employees? Australia May Provide Some Guidance

The Proposed Law - On 15 February 2024, Assemblymember Matt Haney introduced Assembly Bill (AB) 2751—Employer Communications During Nonworking Hours. AB 2751 would cement an employee’s right to ignore communications from their…more

Employees, Employment Policies, Proposed Legislation, Right to Disconnect, Wage and Hour

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An Abundance of Riches: Do Increasing Deposits Mean Less for Borrowers?

Attracting deposits for banks isn’t always an easy thing, witness the use of brokered deposits. But these days, since the beginning of the pandemic, deposits in banks have jumped to over $15.8 trillion in the first quarter, or…more

Banking Sector, Banks, Borrowers, Lenders, Loans

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2021 COVID-19 Support Package (NSW)

The Commonwealth Government and NSW Government will both be offering financial support to NSW businesses impacted by the recent COVID-19 restrictions and stay-at-home orders. We have tabled the key components of the 2021…more

Australia, Business Interruption, Coronavirus/COVID-19, Grants, Landlords

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SEC Enforcement Targets Anti-Whistleblower Practices in Financial Firm's Release Agreements With Retail Clients

As the year gets underway, the Securities and Exchange Commission (SEC or Commission) is continuing its ongoing enforcement efforts to target anti-whistleblower practices by pursuing a broader range of entities and substantive…more

Cease and Desist, Civil Monetary Penalty, Compliance, Confidentiality Agreements, Enforcement Actions

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Forever CERCLA: EPA Designates Certain PFAS as Hazardous Substances Under Superfund

On Friday,19 April 2024, the US Environmental Protection Agency (EPA) issued a final rule to designate two common per-and polyfluoroalkyl (PFAS) chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),…more

CERCLA, Contaminated Properties, Contamination, Discharge of Pollutants, Environmental Policies

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The Conscience of the Fictional Reasonable Person and the Concept of "Doing the Right Thing" - Their Impact on Directors Duties

The ‘reasonable person’ test is used to interpret much of our statutory law and concepts in equity. It is the required standard to determine the extent of directors’ duties under the Corporations Act, which imposes their legal…more

Corporate Governance, Reasonable Person Test, Shareholders, The Corporations Act

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COVID-19: (Australia) New WA COVID-19 Laws Sets Wider Net for Impacted Landlords/Tenants

*This information is accurate as of 11.00 am 28 April 2020 and is subject to change as this situation evolves. WA's Parliament has fast-tracked into law the Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (CTCR), setting…more

Australia, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords

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ESG—Australia – Climate-Related Financial Disclosures: Updated Bill

On 27 March 2024, the Australian Government published the first reading draft of the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 (New Bill), which superseded the previous exposure draft…more

ASIC, Australia, Climate Change, Corporate Social Responsibility, Disclosure Requirements

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Real Estate Beneficial Ownership Regulatory Alert: USDA Seeks Input on Information Reporting for Foreign Ownership of Agricultural Land

On 15 December, 2023 the United States Department of Agriculture (USDA) announced a request for information on proposed revisions to the Agricultural Foreign Investment Disclosure Act (AFIDA) Report. AFIDA and its regulations,…more

Agricultural Sector, Beneficial Owner, Disclosure Requirements, Farm Service Agency (FSA), Foreign Ownership

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COVID-19: A Roadmap to Fraud Investigations: Office of Inspector General Targets Labs for Billing COVID-19 Add-On Tests

Introduction - On 6 December 2022, the Department of Health and Human Services Office of Inspector General (HHS-OIG) issued a report (Report) that summarized findings of HHS-OIG’s review of laboratories with questionably high…more

Clinical Laboratories, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Fraud, Medicare Part B

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SEC Finalizes Major Changes to Shareholder Report Disclosure Scheme and Investment Company Advertisement Rules

On 26 October 2022, the Securities and Exchange Commission (SEC) adopted final rule and form amendments (the Final Rules) representing major reforms to: 1) shareholder reports for open-end mutual funds and exchange-traded funds…more

Asset Management, Corporate Governance, Disclosure, ETFs, Investment Companies

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Hairdryer Treatment From UK Competition Regulators: More Red Cards in the Beautiful Game

Two decisions this year in the United Kingdom concerning Leicester City Football Club (Leicester City) and Newcastle United Football Club (Newcastle United) show that competition law may be becoming a more prevalent part of the…more

Competition, Competition Act, Enforcement, EU, Football

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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The False Claims Act and Health Care: 2023 Recoveries and 2024 Outlook

On 22 February 2024, the US Department of Justice (DOJ) published the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2023. The DOJ announced that the “government and whistleblowers were party to 543…more

Anti-Kickback Statute, Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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UK Company Restructuring Plans: What Is Next After Adler?

The England and Wales Court of Appeal recently handed down its first judgment relating to a restructuring plan under Part 26A of the UK Companies Act 2006: Re AGPS Bondco Plc [2024] EWCA Civ 24. Restructuring plans were a 2020…more

Corporate Restructuring, Cramdown, Creditors, Debt Restructuring, Equity

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Punch and File the License Agreement? The New Duty under German Law to Proactively Inform When Using Copyrights

New statutory duty for copyright users to proactively inform–first reporting required by 7 June 2023! Background - No matter if you are an online portal or a traditional company: anyone who uses creative content should…more

Copyright, Germany, License Agreements

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Sirius XM Radio, Inc. v. Hegar: Texas Supreme Court Rejects Comptroller Franchise Tax Apportionment Interpretation

In a much anticipated opinion addressing Texas franchise tax apportionment, the Texas Supreme Court ruled on 25 March 2022 in favor of the taxpayer, overturning a court of appeals decision that had upheld the Texas Comptroller’s…more

Apportionment, Comptroller, Franchise Taxes, SiriusXM, TX Supreme Court

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Global Employer Guide

K&L Gates is proud to release the latest update of our Global Employer Guide. Created to complement our global employer solutions service, the interactive guide provides a quick, concise summary of the main employment law…more

Background Checks, Confidentiality Agreements, Employment Contract, Hiring & Firing, International Labor Laws

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Can’t “Shake It Off” Yet: Court Denies Taylor Swift’s Motion to Dismiss Copyright Infringement Lawsuit

On September 2, 2020, a California federal judge denied musician Taylor Swift’s motion to dismiss copyright infringement claims related to the lyrics in Swift’s hit song Shake It Off. On remand from the Ninth Circuit, the…more

Copyright, Copyright Infringement, Music Industry, Song Lyrics, Taylor Swift

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The Dual Licensing Regime for Virtual Asset Trading Platforms in Hong Kong – Part 3

In our previous alerts (Part I and Part II), we provided a brief overview of the new Dual Licensing Regime and highlighted some of the key aspects of the new regime, particularly those set out under the Guidelines for Virtual…more

Digital Assets, Financial Services Industry, FinTech, Hong Kong, Hong Kong Securities and Futures Commission (HKSFC)

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Disaster Preparedness Toolkit

While the onset of a natural disaster is generally unpredictable, we can proactively prepare with mitigation efforts and emergency response procedures. As we experienced throughout 2020, and through present day, natural…more

Acquisitions, Business Interruption, Business Losses, Disaster Preparedness, Insurance Claims

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A Last Minute, Temporary Reprieve for Chicago Employers: Chicago Amends Paid Sick Leave Ordinance

With the 31 December 2023 effective date for the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (Ordinance) rapidly approaching, the Chicago City Council passed an amendment on 14 December 2023 (Amendment), which…more

City of Chicago, Employees, Employer Responsibilities, Employment Policies, Illinois

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Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and Require Disclosure of Salary Ranges in Job Postings

On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information…more

Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors, Job Ads, Job Applicants

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The FTC's "New" Tool: Greater Enforcement of the Robinson-Patman Act

While, historically, government enforcement of the Robinson-Patman Act has been virtually non-existent, the Federal Trade Commission (FTC) recently announced its intention to dust-off the oft-forgotten Act to encourage…more

Corporate Counsel, Federal Trade Commission (FTC), Manufacturers, Pharmaceutical Industry, Prescription Drugs

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FERC Issues Landmark Transmission Planning Rule, Order No.1920: Final Rule Modifies the Proposed Rule, Drawing 2-1 Vote

For the first time in more than a decade, the Federal Energy Regulatory Commission (FERC or the Commission) issued what undoubtedly will be considered a landmark order that promises to fundamentally alter US regional…more

Electricity, Energy Sector, FERC, Transmission Planning, Utilities Sector

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A Statutory Tort for Serious Invasions of Privacy?

Introduction - To many people’s surprise, it remains the case in Australia that individuals do not have a specific right to obtain compensatory damages for serious invasions of privacy, such as the sharing of intimate images on…more

Australia, Compensatory Damages, Data Privacy, Data Protection, Invasion of Privacy

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AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures

Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013…more

American Arbitration Association, Arbitration, Commercial Arbitration, Mediation

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U.S. Supreme Court to Decide Case That Could Impact Inter Partes Review

It often takes several years for new statutory regimes to work through the court system before the Supreme Court can authoritatively interpret them. The America Invents Act (AIA), enacted in 2011, is no exception. The Supreme…more

America Invents Act, Cuozzo Speed Technologies v Lee, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Trial and Appeal Board

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

June 2024 ESG Policy Update—Australia

Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to…more

Amended Regulation, Australia, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

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Employment Practices and Data Protection: Monitoring Workers 101

The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help employers…more

Artificial Intelligence, Data Privacy, Data Protection, Electronic Monitoring, Email

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An Overview of the US Food and Drug Administration's Legislative Goals (Part I)

In anticipation of the US Food and Drug Administration (FDA) budget request for Fiscal Year (FY) 2025, this alert provides an overview of the agency’s most recent priorities as outlined in FDA’s FY 2024 budget, found here. This…more

Animal Drugs, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations, Food and Drug Administration (FDA), Food Labeling

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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Supplying Products & Managing Margin Down Under: Online Price Erosion Strategies for Product Manufacturers in Australia and New Zealand

The Australian and New Zealand markets present a dilemma for manufacturers. Both are highly developed economies with wealthy, well-educated consumers who are amongst the world's most enthusiastic adopters of new technologies…more

Australia, CCA, Competition, Manufacturers, New Zealand

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Recognition and Enforcement of Court Judgments Between Hong Kong and China: A Review of the 2019 Arrangement

On January 18, 2019, Hong Kong and China signed the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative…more

China, Corporate Counsel, Final Judgment, Foreign Judgments, Hong Kong

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Important Lesson for the Aviation Industry and other Commercial Policyholders: Exclusive Jurisdiction Clauses in Insurance Policies are Not Always Enforced

In the recent case of Zephyrus Capital Aviation Partners 1D Ltd & Ors v Fidelis Underwriting Ltd & Ors (Re Russian Aircraft Operator Policy Claims (Jurisdiction Applications)) [2024] EWHC 734 (Comm), London’s High Court held…more

Aircraft, Airlines, Aviation Industry, Commercial Insurance Policies, Insurance Industry

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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The Singapore Convention on Mediation: A Primer

WHAT IS THE AIM OF THE SINGAPORE CONVENTION? The Singapore Convention on Mediation, formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, was adopted by the UN General…more

Dispute Resolution, International Mediation, Mediation, Settlement Negotiations, Singapore

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Singapore's New Civil Justice Regime: Seven Likely Changes of Note and What They Mean in Practical Terms

A variety of reforms (draft amendments) have been proposed to Singapore’s Rules of Court (Rules), the procedural rules applicable to all litigants in Singapore. The draft amendments aim to enhance the efficiency of resolving…more

Arbitration, Dispute Resolution, Singapore

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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Start the New Year on the Right Foot by Getting Your ISO and ESPP Returns and Statements Filed on Time

Reporting Requirements - Section 6039 of the Internal Revenue Code requires corporations to file information returns with the Internal Revenue Service (IRS) and provide information statements to current and former employees for…more

Employee Stock Purchase Plans, Incentive Stock Options, Internal Revenue Code (IRC), IRS, ISOs

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ICSDs' New DVP Settlement Model for Syndicated New Issues

Summary - On 14 March 2022, the ICSDs will introduce a new DVP settlement model for new-issue syndicated notes. The changes will impact the roles of the ICSDs, lead manager and common depositary in the payment flows and…more

Bond Issuers, Bonds, High Yield Bonds, Liquidity, Promissory Notes

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SEC Adopts Final Rules Regarding SPACs and De-SPAC Transactions to Impose Additional Disclosure and Reporting Requirements

On 24 January 2024, the US Securities and Exchange Commission (SEC), by a 3-to-2 vote, adopted the long-awaited final rules regarding special purpose acquisition companies (SPACs), shell companies, and projections. The final…more

Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Reporting Requirements, Securities and Exchange Commission (SEC)

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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COVID-19: Federal Reserve Board Expands Terms and Conditions of Main Street Lending Program to Improve Accessibility to Small and Medium-sized Businesses

On June 8, 2020, the Federal Reserve Board (FRB) updated the terms and conditions to the Main Street Lending Program (the Program): the Main Street New Loan Facility (MSNLF), the Main Street Priority Loan Facility (MSPLF), and…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Expanded Loan Facility, Main Street Lending Programs

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Deep-Sea Mining – Article 1: What Is Happening With Deep-Sea Mining?

Debate continues on whether the UAE Consensus achieved at COP28 represents a promising step forward or a missed opportunity in the drive towards climate neutral energy systems. However, the agreement that countries should…more

Energy Sector, Green Energy, Minerals, Mining, Natural Resources

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Corner Post Magnifies Regulatory Uncertainty After Loper Bright

In its last opinion of this term, the US Supreme Court in Corner Post v. Board of Governors of the Federal Reserve System significantly extended the timeframe in which courts can review certain current and future regulations…more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Chevron Deference, Chevron v NRDC

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BTR Series Part 10: BTR and Investment Structuring—What Do Investors Need to Know Now?

In this final Part 10 of our build-to-rent (BTR) series, we identify some key investment structuring challenges for investors in new BTR assets in Australia, and consider how investors may be able to overcome some of them…more

Affordable Housing, Asset Management, Australia, Foreign Investment, GST

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Qui Tam Quarterly - Hunting Telehealth Fraud Under Covid-19 Waivers and Expansion

Over the COVID-19 pandemic, telehealth has evolved from an infrequent method of providing health care services that was often abused into a vital tool used by providers to connect with patients. This article examines fraudulent…more

Coronavirus/COVID-19, Fraud, Health Care Providers, Qui Tam, Telehealth

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COVID-19: UK Public Sector Construction - Cash Flow Relief for Suppliers

Introduction - The impact of COVID-19 on the construction industry has been the subject of much debate this week, as discussed in our blog article “COVID-19 Construction Industry - Operating in a Pandemic”, with businesses…more

Construction Contracts, Construction Industry, Construction Project, Procurement Guidelines, UK

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Litigation Minute: State Statutes and the Private Right of Action (Generative AI Series: Part Two of Three)

What You Need To Know In A Minute Or Less - Class action litigation challenging generative artificial intelligence (AI) has rapidly become a familiar feature of the legal landscape. While early, headline-grabbing complaints were…more

Artificial Intelligence, Class Action, Consumer Privacy Rights, Disclosure Requirements, Enforcement Authority

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Final Rule Changes to the Edges of U.S. Health Insurance Markets

Department of Labor Issues Final Rule that Expands Association Health Plans - On June 21, 2018, the Employee Benefits Security Administration, Department of Labor (“DOL”) issued a final rule that establishes additional…more

Affordable Care Act, Association Health Plans, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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New California Bill Expands Guidance to Businesses to Mitigate Accessibility Claims for Websites, Parking Lots, and Other Exterior Paths of Travel

In California, the Unruh Civil Rights Act (Unruh) seeks to protect individuals from discrimination on the basis of disability and includes accessibility requirements for privately owned businesses. Businesses that do not comply…more

Americans with Disabilities Act (ADA), Dispute Resolution, Public Accommodation, Unruh Civil Rights Act, Website Accessibility

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What is Required Under the PIPL: A PRC-Based Representative or a Personal Information Protection Officer?

Multinational entities with operations in or having business with the People’s Republic of China (PRC) should take note of the PRC’s new Personal Information Protection Law (PIPL), which took effect on 1 November 2021 and is…more

China, Data Privacy, Data Processors, Data Protection, Data Security

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Workplace Reform Rolls on… Again

The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill…more

Arbitration, Australia, Compliance, Employees, Employer Liability Issues

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Strategic Insurance Considerations for Emerging Coal Ash Bodily Injury Claims

Many utilities with historical coal-fired power plants are confronting increased regulatory scrutiny relating to the storage of coal combustion residuals (CCRs, also known as coal ash). Now, those utilities (and other companies…more

Bodily Injury, Coal, Coal Ash, Coal-Fired Plants, Dispute Resolution

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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June 2024 ESG Policy Update—Australia

Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to…more

Amended Regulation, Australia, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

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EPA's New Strategic Civil-Criminal Enforcement Policy: Will Enhanced Coordination Lead to More Criminal Enforcement?

On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of…more

Clean Air Act, Clean Water Act, Compliance, Criminal Penalties, Enforcement

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BTR Series Part 5: Debt Funds Options—NHFIC and Alternatives

Investment in build to rent (BTR) residential developments is being driven by community and government demand, tax and other government incentives, longer term returns and lower maintenance costs and incentives compared to…more

Affordable Housing, Australia, Housing Market, Investors, Popular

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Changes to Washington's Paid Family and Medical Leave Program Took Effect on 9 June 2022

In 2017, Washington’s Paid Family and Medical Leave (PFML) program was enacted to provide partial wage replacement to employees on leave for specified family and medical reasons. The state-administered PFML fund provides…more

Bereavement Leave, Employees, Employer Responsibilities, Family Medical Leave, Medical Leave

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No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market…more

Competition, Corporate Counsel, Department of Justice (DOJ), EU, Federal Trade Commission (FTC)

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High Court of Australia to Hear Appeal on Recognition of ICSID Arbitral Award Against Spain in November 2022

The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in…more

Arbitration Awards, Australia, EU, Foreign Investment, High Court of Australia

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USPTO Clarifies Alice/Mayo Step 2A With New Patent Subject-Matter Eligibility Guidance

For the last several years, a major part of prosecuting software-related patents at the U.S. Patent and Trademark Office (“USPTO”) has been dealing with the USPTO’s inconsistent interpretation of patent subject-matter…more

Abstract Ideas, CLS Bank v Alice Corp, Computer-Related Inventions, Intellectual Property Protection, Mayo v. Prometheus

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Lay of the Land: Global Office Trends

In our second episode of Lay of the Land, hosts Heather Horowitz, Jen McCosker, Christian Major, Tobias Gries, and Anna Amprimo discuss office asset market trends in the United States, Australia, the UK, Germany, and Italy…more

Commercial Buildings, Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Environmental Social & Governance (ESG)

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Manhattan Commercial Revitalization Program (M-CORE) Launched to Transform Aging Office Buildings

As many companies settle into hybrid work models, office occupancy rates in the United States have flatlined during the first half of 2023. In the Borough of Manhattan (the Borough) in New York City, upwards of 255 million…more

Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, New York

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Department of Justice Issues Guidance on Organizations’ Responses to Cyber Incidents

On April 29, the Department of Justice’s (DOJ) new Cybersecurity Unit within the Criminal Division issued a summary of “Best Practices for Victim Response and Reporting of Cyber Incidents” (“Best Practices”). While created…more

Best Practices, Cybersecurity, Department of Justice (DOJ), New Guidance

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Litigation Minute: Earn-Out Provisions (Deal Litigation Series: Part Two of Four)

What You Need to Know in a Minute or Less - An earn-out provision is a common provision in an acquisition agreement that makes a portion of the purchase price contingent on satisfaction of certain post-closing targets or other…more

Acquisition Agreements, Acquisitions, Earn-Outs

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The SEC Fines Stand-Alone Adviser for Off-Channel Communications

Overview - On 3 April 2024, the US Securities and Exchange Commission (the SEC) announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain…more

Asset Management, Compliance, Data Preservation, Electronic Communications, Email

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Government Announces Australia to Have a Mandatory and Suspensory Merger Control Regime

In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime…more

Acquisitions, Australia, Australian Competition and Consumer Commission (ACCC), Competition, Merger Controls

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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COVID-19: Effects on Payment Obligations of Tenants in Germany

Due to the COVID 19 pandemic (hereafter, “COVID-19”), the closure of numerous shops and other businesses has been ordered by the authorities. Other shops and businesses are suffering losses in sales, some of them severe. As a…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Frustration of a Common Purpose

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Global Boardroom Risk Solutions Newsletter

Now more than ever, there is a need for risk solutions in the boardroom. Any organization can be faced with a significant crisis, whether a fraud investigation, a regulatory infringement, allegations of anticompetitive behavior,…more

Chief Compliance Officers, Compliance, Enforcement, EU, Foreign Corrupt Practices Act (FCPA)

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State Department Aims to Streamline Export Controls for Future Collaboration Among the United States, United Kingdom, and Australia

On 1 May 2024, the US State Department’s Directorate of Defense Trade Controls (DDTC) issued a proposed rule to amend the International Traffic in Arms Regulations (ITAR) to support the goals of the trilateral security…more

AUKUS, Australia, Directorate of Defense Trade Controls (DDTC), Exemptions, Export Controls

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COVID-19: Enforceability of Electronic Signatures and Notaries Amidst COVID-19

The COVID-19 outbreak has clearly led to many disruptions in the workplace, including an increasing amount of employers encouraging, and in some cases requiring, their employees to work remotely…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Electronic Records, Public Notaries

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HUB Talks: May The Enforcement Be With You: Reflections on Five Years of GDPR

In this episode, Claude-Etienne Armingaud, Eleonora Curreri, and Camille Scarparo celebrate the fifth year anniversary of GDPR along with lawyers from our European offices; Thomas Nietsch and Andreas Müller (Berlin), Nóirín…more

Data Privacy, Data Protection, Data Security, Enforcement, EU

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More Than Just Loopholes: Significant Changes Proposed Under the Federal Government's Third Tranche of Labour Law Reforms

The Federal Government recently introduced the latest in a series of workplace reforms into Federal Parliament. The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (the Bill), proposes further amendments to the…more

Australia, Employee Definition, Employees, Employer Liability Issues, Fair Work Act

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Key Considerations for Officers and Directors of Distressed Companies

Even prior to the global impact of COVID-19, commercial bankruptcy filings were already on the rise. As stay-at-home orders caused many businesses to close or significantly curtail operations in 2020, financial struggles in the…more

Commercial Bankruptcy, Corporate Governance, D&O Insurance, Debt, Distressed Assets

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Seller Beware: Coordinating Brownfields Redevelopment With Remediation

Redevelopers in New Jersey have become increasingly comfortable with the idea of buying environmentally compromised properties, particularly with a growing demand for warehouse properties to support the e-commerce economy. There…more

Real Estate Development, Redevelopment

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Melbourne Property Investor Alert: New Tax on Vacant Residential Properties

With effect from 1 January 2018, owners of residential properties in certain Melbourne suburbs, which have been unoccupied for more than six months in a calendar year, will be liable to pay the Victorian Government's new "vacant…more

Australia, Property Owners, Property Tax, Residential Real Estate Market, Tax Rates

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Competition Law "Leaves its Studs in" on UEFA and FIFA

Introduction - The Court of Justice of the European Union (CJEU) has issued two major decisions in separate cases concerning sporting organisations’ ability to regulate their: (i) competitions; and (ii) members’ activities which…more

Competition, Court of Justice of the European Union (CJEU), EU, European Commission, Fédération Internationale de Football Association (FIFA)

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Competition in U.S. Labor Markets: Non-Compete Clauses Increasingly Under Fire

I. INTRODUCTION - Until fairly recently, non-compete clauses and other employer practices affecting employee mobility and wages were a relatively minor focus of U.S. antitrust enforcement authorities…more

Antitrust Division, Antitrust Provisions, Corporate Counsel, Department of Justice (DOJ), Federal Trade Commission (FTC)

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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Proposed Money Market Fund Reforms Related to Negative Interest Rates Favor Conversion to Floating NAV and Prohibit Other Stabilizing Measures

On 15 December 2021, the Securities and Exchange Commission (the SEC) proposed amendments to Rule 2a-7 under the Investment Company Act of 1940, as amended (the 1940 Act) (the Proposed Rule), which governs the structure and…more

Asset Management, Comment Period, Floating NAV, Interest Rates, Investment Company Act of 1940

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COVID-19: PPP Eligibility of Debtors in Bankruptcy

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), a lending program for small businesses pursuant to which up to 100 percent of the principal loan amount is…more

CARES Act, Debtors, Paycheck Protection Program (PPP), SBA

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SEC Adopts Final Rules Regarding SPACs and De-SPAC Transactions to Impose Additional Disclosure and Reporting Requirements

On 24 January 2024, the US Securities and Exchange Commission (SEC), by a 3-to-2 vote, adopted the long-awaited final rules regarding special purpose acquisition companies (SPACs), shell companies, and projections. The final…more

Disclosure Requirements, Initial Public Offering (IPO), Investment Company Act of 1940, Reporting Requirements, Securities and Exchange Commission (SEC)

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BLM Signals Federal Land is Open for Renewables

In May 2024, the Bureau of Land Management (BLM or the Agency) issued a final rule updating its renewable energy and right-of-way (ROW) policies. BLM is one of the largest landholders in the United States, with significant…more

Bureau of Land Management, Clean Energy, Energy Projects, Energy Sector, Federal Land

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Privacy Reform is Here: It's Time to get Your House in Order!

What you need to know - Following a number of high-profile cyber incidents last year, the Australian Government (the Government) is proving that privacy is a serious issue that corporations need to face. Recently, we saw the…more

Australia, Cybersecurity, Data Breach, Data Privacy, Data Protection

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The Third Time Is the Charm: The Eleventh Circuit Allows Creditor's Use of Commercial Mail Vendor

On 8 September 2022, sitting en banc, the Eleventh Circuit held that a debt collector’s communication of a customer’s information to the debt collector’s private, third-party commercial mail vendor was not actionable under the…more

Article III, Collection Agencies, Debt Collection, Debt Collectors, FDCPA

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The US Corporate Transparency Act: Practical Considerations for Private Fund Sponsors as the Effective Date Approaches

Earlier this year, the US Congress passed the Corporate Transparency Act (CTA). The CTA will require thousands of privately held US and non-US entities to report beneficial ownership to the US Treasury Department’s Financial…more

Asset Management, Beneficial Owner, Corporate Transparency Act, Exemptions, FinCEN

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New Legislation Would Establish the First US National Comprehensive Privacy Law

On 7 April, US House Committee on Energy and Commerce (Energy and Commerce Committee) Chairwoman Cathy McMorris Rodgers (R-WA) and US Senate Committee on Commerce, Science, and Transportation (Commerce Committee) Chairwoman…more

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

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Key Intellectual Property Takeaways for the Cannabis Industry

INTRODUCTION - Cannabis is a rapidly evolving field with 33 states and the District of Columbia having passed laws broadly legalizing some form of medicinal or recreational use…more

Cannabis Products, Intellectual Property Protection, Marijuana Related Businesses, Patents, Trademarks

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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2023 ESG State Legislation Wrap Up

In January of 2021, Senate Bill 2291 was introduced into the North Dakota state senate. It was considered, adopted, and signed into law three months later in March of 2021. This bill was the first of what would become scores of…more

Asset Management, Corporate Counsel, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Services Industry

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Health System Cybersecurity Risks: Part Two

In this two-part Triage series, Gina Bertolini, Sarah Carlins, and Jianne McDonald analyze two recent HHS initiatives that address cybersecurity risks to hospitals and health systems nationwide. Cybersecurity events involving…more

Cybersecurity, Data Security, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

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COVID-19: IP Strategies for Universities and Nonprofits During the Pandemic – Mitigating Patent Infringement Risks When Making PPE and Other Health-Related Supplies

The rapid emergence of COVID-19 — and the limited and diminishing supply of healthcare resources needed to treat patients and protect healthcare providers — has many public and private universities and other nonprofit…more

Coronavirus/COVID-19, Due Diligence, Nonprofits, Patents, Personal Protective Equipment

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South Carolina’s New Private Fund Adviser Exemption — A Boost for an Emerging Industry

On September 6, 2019, the Securities Division of South Carolina’s Office of the Attorney General issued an order providing an exemption from the state investment adviser registration requirements for advisers that provide advice…more

Investment Adviser, Investment Funds, Private Investment Funds, Registration Requirement, Securities Regulation

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HUB Talks: May The Enforcement Be With You: Reflections on Five Years of GDPR

In this episode, Claude-Etienne Armingaud, Eleonora Curreri, and Camille Scarparo celebrate the fifth year anniversary of GDPR along with lawyers from our European offices; Thomas Nietsch and Andreas Müller (Berlin), Nóirín…more

Data Privacy, Data Protection, Data Security, Enforcement, EU

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Better Late Than Never: The California Supreme Court Reverses Itself, Holding That Corporate Policyholders May Assign Insurance Rights Without Insurer Consent

Asset purchase and sale transactions are a preferred structure for many corporate deals. For a variety of reasons, it may be prudent for businesses or product lines to be transferred through these transactions, and an asset…more

Acquisition Agreements, Asbestos, Asbestos Litigation, Asset Purchaser, Asset Transfer

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PFAS Regulation Continues to Take Center Stage: EPA Releases Final Drinking Water Standards

On Wednesday, 10 April 2024, the US Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulations (NPDWR) for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This came one day after…more

Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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HUB Talks: Voluntary Disclosure: Special Edition - Staying Out of Trouble

Mike McKay and Aaron Millstein discuss staying a civil case when there is a parallel criminal investigation or prosecution, the factors courts consider in whether to grant a stay, and some of the strategic considerations every…more

Criminal Investigations, Criminal Prosecution, Fifth Amendment, Litigation Strategies, Parallel Proceedings

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CFPB Aiming to Oversee Digital Payments

In late 2023, the Consumer Financial Protection Bureau (CFPB) proposed a rule that would subject nonbank fintech companies to the CFPB’s authority. The CFPB articulated that it intends the rule to “level the playing field”…more

Banking Sector, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Digital Assets, Financial Services Industry

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COVID-19: SEC Advises Companies Preparing for Earnings Communications Amidst the COVID-19 Pandemic

Last week, the chairman of the Securities and Exchange Commission (the “SEC”) and the director of the SEC’s Division of Corporation Finance issued a joint statement urging public companies to be transparent and thorough in their…more

Coronavirus/COVID-19, Disclosure Requirements, Earnings Reports, Non-GAAP Financial Measures, Securities and Exchange Commission (SEC)

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Navigating the New Frontier: Insurance for Artificial Intelligence Risks

On 27 December 2023, The New York Times filed a lawsuit against OpenAI and Microsoft alleging copyright infringement in connection with OpenAI’s popular ChatGPT technology. This lawsuit is part of the first wave of…more

Artificial Intelligence, Copyright Infringement, Cyber Insurance, Cybersecurity, Insurance Industry

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Swaps Compliance Training and Testing Due 31 January 2021

INTRODUCTION- By a Notice to Members dated 5 January 2021, the National Futures Association (NFA), the self-regulatory organization for the U.S. derivatives industry, reminded NFA members that their associated persons who are…more

Compliance, Investment Funds, NFA, Proficiency Testing, Swaps

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Sirius XM Radio, Inc. v. Hegar: Texas Supreme Court Rejects Comptroller Franchise Tax Apportionment Interpretation

In a much anticipated opinion addressing Texas franchise tax apportionment, the Texas Supreme Court ruled on 25 March 2022 in favor of the taxpayer, overturning a court of appeals decision that had upheld the Texas Comptroller’s…more

Apportionment, Comptroller, Franchise Taxes, SiriusXM, TX Supreme Court

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The Essentials - California Employment Law Update

The October edition of the Essentials marks the end of California’s legislative session. As a helpful summary for employers, we have outlined key provisions of the new California employment laws for 2022: MOST SIGNIFICANT,…more

California, Employer Responsibilities, Independent Contractors, OSHA, Settlement Agreements

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Anche la start-up innovativa può essere soggetta a fallimento

Nel novero delle molteplici norme e misure di favore previste per le start-up innovative dal nostro ordinamento, la non assoggettabilità di quest’ultime al fallimento sancita dall’articolo 31 del Decreto Legge 18 ottobre 2012,…more

Business Development, Commercial Bankruptcy, Corporate Governance, Debt, Innovation

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Judge Dismisses FTC Case Against Welsh Carson but Enforcement Focus on Private Equity in Health Care Continues

On 13 May, a federal district court judge dismissed the Federal Trade Commission’s (FTC) antitrust case against private equity firm Welsh, Carson, Anderson & Stowe and affiliated entities (Welsh Carson). This matter has been…more

Anticompetitive Behavior, Antitrust Litigation, Antitrust Violations, Federal Trade Commission (FTC), Mergers

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Cleared to Land: Aviation Newsletter

Happy new year and welcome to our latest edition of K&L Gates’ Cleared to Land published jointly by our Aviation and Banking & Asset Finance practice groups to keep you updated on significant developments and issues relating to…more

Airports, Airspace, Aviation Industry, Investors, Letters of Intent

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COVID-19: European Commission Details Plans to Postpone EU Medical Device Regulation and European Derogation Procedure to Get Medical Devices to Market Faster

The European Commission (EC) has published details of its proposal to postpone the application date of the Medical Devices Regulation (MDR) for one year. In addition, the EC proposes introducing a new procedure to address…more

Coronavirus/COVID-19, EU, European Commission, Healthcare, Manufacturers

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Arbitrator Bias: The English Commercial Court Offers Further Guidance on Disqualification of Arbitrators

The leading English authority on arbitrator impartiality is the case of Halliburton Co v Chubb Bermuda Insurance Ltd [2021] AC 1083, a well-known case in which K&L Gates acted for Halliburton. Halliburton v Chubb clarified how…more

Arbitration, Commercial Court, International Arbitration, UK

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Litigation Minute: The Generative AI Litigation Landscape (Generative AI Series: Part One of Three)

What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and tools…more

Art, Artificial Intelligence, Artists, Contract Terms, Copyright

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White Paper: CMS Finalizes Updates to the Stark Law to Reduce Regulatory Burdens and Provide Flexibility to Providers

On 2 December 2020, the Centers for Medicare & Medicaid Services (CMS) published a Notice of Final Rulemaking in the Federal Register (Final Rule), modifying the regulations implementing the federal physician self-referral law…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Donations, Health Care Providers

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New USPTO Requirement: Mandatory Electronic Trademark Submissions and Physical Addresses

On Tuesday, July 31, 2019, the United States Patent and Trademark Office (USPTO) issued new Rules and Regulations under Title 37 of the Code of Federal Regulations (CFR) Parts 2, and 7. They were to take effect on December 21,…more

Intellectual Property Protection, Lanham Act, Trademark Application, Trademark Registration, Trademarks

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Washington's Capital Gains Tax Upheld

On Friday, 24 March 2023, the Washington Supreme Court upheld the state’s capital gains tax (the WA CGT) in a 7–2 decision, bringing an end to months of uncertainty as a suit to challenge the new tax worked its way through the…more

Capital Gains, Capital Gains Tax, Corporate Taxes, Excise Tax

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Governor Josh Shapiro Launches First Statewide Economic Development Strategy in Nearly Two Decades

From 2018 to 2022, Pennsylvania was outspent on economic development incentives by neighboring states in both total incentive spending and average deal size. Over the same period, neighboring states also outspent Pennsylvania on…more

Agricultural Sector, Economic Development, Economic Growth, Energy Sector, Federal Funding

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What's in a Fund Name? SEC Approves Changes to the Fund Names Rule

On 20 September 2023, the US Securities and Exchange Commission (the SEC) adopted amendments to Rule 35d-1 (the Names Rule or Rule) under the Investment Company Act of 1940, as amended (the 1940 Act), and made related form…more

Financial Services Industry, Fund Managers, Investment Companies, Investment Company Act of 1940, Investment Funds

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2023 Health Care Employment Law Year in Review

Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employees, Employer Mandates, Health Care Providers

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New York Bill Proposes to Subject Certain Health Care Transactions to Regulatory Approval by the State

Important Takeaways Article 45-A aims to regulate large physician's practices managed by entities that are investor-backed. The proposed legislation would authorize the New York Department of Health (DOH) to review and approve…more

Health Care Providers, New York, Physicians, Regulatory Oversight

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AGM Season is Fast Approaching – Are You Ready?

The 2018 Annual General Meeting (AGM) season is just around the corner and with the lead times for regulatory reviews of draft notices etc – ASX listed companies need to turn their mind now to anticipated shareholder…more

Shareholder Approval, Shareholders, Takeover Bids

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Litigation Minute: Subpoenas and the Stored Communications Act

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - "Our business runs an electronic communication system and we got a subpoena for something that one of our users stores on our system. Can't we just produce it?" STOP! The content…more

Electronically Stored Information, Stored Communications Act, Subpoenas

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Unprecedented Maine Supreme Court Reversal - A Huge Win for Maine Mortgage Lenders

Not often do courts explicitly reverse their own precedent, especially when that precedent was a unanimous 7-0 opinion issued only a few years earlier. But that is precisely what happened last week when the Supreme Judicial…more

Borrowers, Consumer Lenders, Financial Services Industry, Foreclosure, Mortgage Lenders

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Washington's Capital Gains Tax Upheld

On Friday, 24 March 2023, the Washington Supreme Court upheld the state’s capital gains tax (the WA CGT) in a 7–2 decision, bringing an end to months of uncertainty as a suit to challenge the new tax worked its way through the…more

Capital Gains, Capital Gains Tax, Corporate Taxes, Excise Tax

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Eye on the Election: Potential Impact on Tax Incentives for Power and Related Industries

There is little doubt that the outcome of the 3 November federal election will be consequential for much of America, and that the consequences are likely to be very different depending on who sits in the Oval Office and the…more

Carbon Emissions, Clean Energy, Electric Vehicles, Energy Storage, Infrastructure

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EPA Issues New Power Plant Rules

Introduction - The United States Environmental Protection Agency (EPA) recently finalized four separate rules (Power Plant Rules) that set new standards for power plant emissions in the United States. Collectively, these Power…more

Air Pollution, Carbon Emissions, Coal-Fired Plants, Electricity, Energy Sector

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Workplace Wrap - July 2024

As we find ourselves in the new financial year, a number of the key financial thresholds relating to employees have increased. From 1 July 2024, the national minimum wage has increased by 3.75% to AU$24.10 per hour…more

Australia, Employees, Employer Responsibilities, Fair Work Commission, Minimum Salary

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Workplace Reform Rolls on… Again

The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill…more

Arbitration, Australia, Compliance, Employees, Employer Liability Issues

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Down Goes Chevron—Environmental Challenges Will Soon Follow

On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Government Agencies

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Do Not Cut and Paste - Why Your Company Needs Tailored Social Media Policies and Procedures

The advent of social media has changed the way we communicate with the world. Companies and individuals alike now have powerful and unmediated platforms from which to broadcast any information they choose. This widespread use of…more

Employment Policies, NLRA, Policies and Procedures, Social Media, Social Media Policy

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Litigation Minute: The Lifecycle of Beauty Packaging (Beauty and Wellness Series: Part Three of Three)

What You Need To Know In A Minute Or Less - For both consumers and producers, the recent seismic shifts in packaging—from materials to circularity advertising—have been hard to miss. The past few years have introduced several…more

Brand, Consumer Product Companies, Federal Trade Commission (FTC), Green Guides, Manufacturers

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Pennsylvania Superior Court Applies a Stricter Burden of Proof to Enforce "Browsewrap" Arbitration Clauses, Departing From Other Jurisdictions

On 19 July 2023, the Pennsylvania Superior Court established a set of requirements for companies that rely on “browsewrap” agreements in order to secure consumers’ consent to arbitration. In a departure from other courts that…more

Arbitration, Arbitration Agreements, Browsewrap Agreement, Dispute Resolution

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Global Survey of ESG Regulations for Asset Managers

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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The International Chambers of the Paris Courts: A Flexible and Efficient Approach to Resolve International Commercial Disputes

The Paris courts feature international chambers (“International Chambers”) that offer litigants attractive conditions for the resolution of their international commercial disputes: - Inexpensive application fee (maximum…more

Arbitration, EU, France, International Arbitration, International Litigation

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Whistleblowing: Upcoming Obligations for Companies

As is well known to many, the EU Directive no. 2019/1937 required EU member states to fully regulate whistleblowing procedures. Whistleblowing: What is it About? The term whistleblowing commonly refers to the disclosure by an…more

Confidentiality Policies, Employer Responsibilities, EU, European Commission, Noncompliance

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Start the New Year on the Right Foot by Getting Your ISO and ESPP Returns and Statements Filed on Time

Reporting Requirements - Section 6039 of the Internal Revenue Code requires corporations to file information returns with the Internal Revenue Service (IRS) and provide information statements to current and former employees for…more

Employee Stock Purchase Plans, Incentive Stock Options, Internal Revenue Code (IRC), IRS, ISOs

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No (More) Bites at the mRNA Apple: Pfizer and BioNTech Seek Declaratory Judgment of Noninfringement Relating to Their COVID-19 Vaccine in New Suit

On 25 July 2022, BioNTech SE and BioNTech Manufacturing GmbH (collectively, BioNTech) and Pfizer Inc. (Pfizer) (collectively, Plaintiffs) filed suit1 in the District of Massachusetts against CureVac AG (CureVac or Defendant)…more

Intellectual Property Litigation, Patent Infringement, Patent Litigation, Patent-in-Suit, Patents

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SECURE 2.0 Act Legislation Includes Significant Changes to Individual Retirement Accounts

Late last year, Congress enacted a sweeping set of new retirement savings rules. The SECURE 2.0 Act of 2022 (SECURE 2.0), included as part of the Consolidated Appropriations Act, 2023, builds on the significant retirement…more

Consolidated Appropriations Act (CAA), Excise Tax, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement

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Supreme Court of Florida Amends Rule 1.280 to Add Apex Doctrine to Corporate Officials

On 26 August 2021, the Supreme Court of Florida (the Court), on its own motion, issued an opinion amending Florida Rule of Civil Procedure 1.280 (the Opinion). The amendment officially codifies the common-law “Apex Doctrine” and…more

Apex Doctrine, FL Supreme Court, Florida, Litigation Strategies

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New Arbitration Law in Luxembourg

On 23 March 2023, the Luxembourg Parliament voted to modernize and update the arbitration law, applicable to arbitrations seated in Luxembourg. The long-awaited new law entered into force on 25 April 2023 (the New Arbitration…more

Arbitration, Asset Management, EU, Luxembourg

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Working Wise: Psychosocial Risk and Regulation – A Global Overview

K&L Gates partners Dominic Fleeton, Dylan G. Moses, and David C. Lindsay compare and contrast the approaches to regulating and enforcing the management of psychosocial risks and hazards in Australia, the United Kingdom, and the…more

Employer Liability Issues, Employment Policies, Hiring & Firing, International Labor Laws, Psychological Injuries

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2024 Tax and Estate Planning Opportunities

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Inheritance Tax

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Supreme Court Limits Shareholder Suits based on "Pure Omissions" in Corporate Disclosures

On Friday, 12 April 2024, the United States Supreme Court unanimously ruled that a corporation’s failure to disclose certain information about its future business risks, without more, cannot form the basis of a private…more

Asset Management, Environmental Social & Governance (ESG), Investors, Oil & Gas, Publicly-Traded Companies

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Gentle Reminder: DSA Obligations Will Apply to Online Intermediary Services Starting 17 February 2024

It has been some time already since the EU Digital Services Act (Regulation 2022/2065, DSA) was published, and since then, the discussions about Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs)…more

Compliance, Data Protection, Digital Marketplace, Digital Service Providers, Digital Services

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Arbitration in Asia Mini-series: The Shanghai Outlook

As part of a mini-series exploring arbitration in Asia, Ian Meredith (K&L Gates, London) speaks with Dr. Mingchao Fan, the Executive Vice President of the Shanghai Arbitration Commission (the Commission), regarding arbitrations…more

Arbitration, Arbitration Agreements, Asia, Business Disputes, China

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Gentle Reminder: DSA Obligations Will Apply to Online Intermediary Services Starting 17 February 2024

It has been some time already since the EU Digital Services Act (Regulation 2022/2065, DSA) was published, and since then, the discussions about Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs)…more

Compliance, Data Protection, Digital Marketplace, Digital Service Providers, Digital Services

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Is a Lender "Worthy" of Direct Payment on Accounts Receivable Owing to Its Debtor? The New York Court of Appeals Settles This Question.

A recent New York Court of Appeals case, Worthy Lending LLC v. New Style Contractors, Inc., highlights the importance of maintaining best practices in transactions where the lender takes a security interest in the borrower’s…more

Best Practices, Borrowers, Debtors, Financial Services Industry, Lenders

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Ninth Circuit Finds That Costco Is Not Just a Retailer, but Actively Competes With Wholesalers With Respect to Robinson-Patman Price Discrimination Claims

Price discrimination under the Robinson-Patman Act (RPA) involves charging different prices to competing buyers for the same product. This was the key issue recently before the Ninth Circuit in U.S. Wholesale Outlet & Distrib…more

Costco, Price Discrimination, Retail Market, Retailers, Robinson-Patman Act

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Proposed Amendments to the Corporate Governance Principles

In August last year, the Australian Securities Exchange (ASX) Corporate Governance Council (Council) undertook a review of the Corporate Governance Principles and Recommendations (Recommendations) in response to the corporate…more

Annual Meeting, Annual Reports, ASX Listing Rules, Corporate Governance

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Corner Post Magnifies Regulatory Uncertainty After Loper Bright

In its last opinion of this term, the US Supreme Court in Corner Post v. Board of Governors of the Federal Reserve System significantly extended the timeframe in which courts can review certain current and future regulations…more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Chevron Deference, Chevron v NRDC

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The European Commission Announces Five New Initiatives in Its Economic Security Package

On 24 January 2024, the European Commission (Commission) published its Economic Security Package, which introduces five new initiatives with the aim to increase the European Union’s economic security, including: The proposal for…more

EU, European Commission, Export Controls, Foreign Direct Investment, Policies and Procedures

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Congress Enacts Major Expansion of Capital Construction Fund, Creating New Opportunities for Marine Financing of Jones Act Vessels

The FY 2023 National Defense Authorization Act (NDAA) includes language that makes significant changes to the Capital Construction Fund (CCF), expanding the vessels eligible for CCF to include those engaged in the domestic or…more

CCF, Foreign Jurisdictions, NDAA, Vessels

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US Asset Management Regulatory Year in Review 2023

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange Commission…more

Asset Management, Beneficial Owner, Capital Markets, Compliance, Digital Assets

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Litigation Minute: Avoiding Uncertainty in Material Adverse Effect Clauses (Deal Litigation Series: Part Three of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Material Adverse Effect (MAE) or Material Adverse Change (MAC) clauses are common in merger and acquisition (M&A) agreements. They allow a buyer to opt out of a deal if some…more

Acquisition Agreements, Acquisitions, Dispute Resolution, Material Adverse Change Clauses (MACs), Material Adverse Effects

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Practical Advice for Protecting Trade Secrets

What You Need to Know in a Minute or Less - When people hear “intellectual property,” they often think first of patents, trademarks, and copyrights. Trade secrets are a fourth type of intellectual property that are critical to…more

Confidential Information, Confidentiality Agreements, Employee Training, Information Security, Intellectual Property Protection

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Down Goes Chevron—Environmental Challenges Will Soon Follow

On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Government Agencies

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International Arbitration and the Singapore International Arbitration Centre

International arbitration is widely accepted as a preferred method of resolving cross-border commercial disputes, whether on a stand-alone basis or in conjunction with other alternative dispute resolution methods, including…more

Arbitration, Arbitration Awards, Dispute Resolution, International Arbitration, SIAC

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Seven Years in the Making: The SEC Finally Adopts Final Clawback Rules

Overview - On Wednesday, 26 October 2022, the U.S. Securities and Exchange Commission (the SEC), in a 3-2 vote, adopted final rules directing listing exchanges to require listed companies to establish, disclose, and enforce…more

Clawbacks, Executive Compensation, Reporting Requirements, Securities and Exchange Commission (SEC)

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Anche la start-up innovativa può essere soggetta a fallimento

Nel novero delle molteplici norme e misure di favore previste per le start-up innovative dal nostro ordinamento, la non assoggettabilità di quest’ultime al fallimento sancita dall’articolo 31 del Decreto Legge 18 ottobre 2012,…more

Business Development, Commercial Bankruptcy, Corporate Governance, Debt, Innovation

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Dialing for Dollars: US Department of Justice Announces New Whistleblower Pilot Program

On 7 March 2024, the US Department of Justice (DOJ) announced that it is launching a new whistleblower pilot program designed to reward individuals who report acts of significant corporate misconduct or financial wrongdoing (DOJ…more

CFTC, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs

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UK and EU Sanctions Update–April 2024

The following alert provides an update on recent sanctions developments, including: The publication of the UK government’s first sanctions strategy. The announcement of over 50 new sanctions. Measures to strengthen the Oil…more

Asset Freeze, Economic Sanctions, EU, Export Controls, Exports

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Why You Should Care About the House Republican Tax Reform Blueprint

While you’re thinking about that beach getaway this summer, Chairman Brady’s staff on the Ways and Means Committee is beginning the work of vetting the House Republican Tax Reform Blueprint (the “Blueprint”) with stakeholders…more

Presidential Elections, Tax Reform, Trump Administration

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New York’s Highest Court Issues a Noteworthy Decision, Rejecting “Pro Rata” Allocation in the Asbestos Bodily-Injury Context

On May 3, the New York Court of Appeals unanimously held that an “all-sums” method of allocation should be used to apportion liability among excess insurers based on the policy language at issue in the case. Contrary to…more

Asbestos Litigation, DE Supreme Court, Horizontal Exhaustion Doctrine, Insurance Industry, Insurance Litigation

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After the Election: What Can and Will Get Done?

The Biden-Harris transition is in full swing. President-elect Biden has started announcing Cabinet positions, and key staff and agency teams are soliciting input as they work feverishly to put together personnel, policies, and…more

Appropriation, Biden Administration, Climate Change, Coronavirus/COVID-19, Infrastructure

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German Whistleblower Protection Act Enters into Force

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain…more

Employees, Employer Responsibilities, Germany, Whistleblower Protection Policies, Whistleblowers

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BTR Series Part 7: Residential Sector—Impacts on the Home Ownership Market and Other Sectors Such as Retirement Living

In Part 7 of our build to rent (BTR) Series, we take a look at the current BTR market in Australia and the potential impacts of BTR developments on the residential sector…more

Affordable Housing, Apartments, Australia, Homeowners, Housing Market

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Doing Business in Australia

Our comprehensive Guide to Doing Business in Australia, developed from the experience of our lawyers across our four key markets in Brisbane, Melbourne, Perth and Sydney, explores the many legal and regulatory factors to…more

Anti-Money Laundering, Australia, Board of Directors, Competition, Corporate Counsel

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US Supreme Court Unanimously Adopts Heightened "Undue Hardship" Standard in Title VII Religious Accommodation Analysis

Overview - As of 29 June 2023, employers must modify their practices when evaluating requests for religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), because “undue hardship” is no longer…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy, Religious Accommodation

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Does the Dapper Settlement Offer Rules of the Road for NFT Issuers?

Dapper Labs (Dapper) has agreed to settle a putative class action suit brought by private plaintiffs, subject to court approval, putting to rest allegations that its NBA-endorsed nonfungible tokens (NFTs) were offered and sold…more

Blockchain, Digital Assets, Financial Services Industry, Non-Fungible Tokens (NFTs), Putative Class Actions

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Unprecedented Maine Supreme Court Reversal - A Huge Win for Maine Mortgage Lenders

Not often do courts explicitly reverse their own precedent, especially when that precedent was a unanimous 7-0 opinion issued only a few years earlier. But that is precisely what happened last week when the Supreme Judicial…more

Borrowers, Consumer Lenders, Financial Services Industry, Foreclosure, Mortgage Lenders

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Full Court of Federal Court Revisits Moffet Decision – Independent Contractor Still Entitled to Superannuation

The Full Court of the Federal Court of Australia has recently handed down its decision in Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118. This decision again highlights potential risks, particularly with respect to…more

Australia, Employee Definition, Independent Contractors, Paid Leave, Superannuation

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[Webinar] Regulating AI: The Potential Impact of Global Regulation of Artificial Intelligence – Part II - December 7th, 10:00 am - 11:00 am SGT

This will be a panel discussion featuring a series of webinars that address the potential impacts of artificial intelligence (AI) regulations on business across the globe. Recent developments in general availability of AI and…more

Artificial Intelligence, Asia Pacific, Best Practices, Business Operations, Ethics

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Compliance Odyssey - Navigating the Cloud through Co-regulation and Codes of Conduct

In this episode, Thomas Nietsch, a partner in our Berlin office, sits down with Jelena Kljujic (Privacy Officer at Cisco, EMEA) and Gabriela Mercuri (Managing Director at Scope Europe) to discuss strategies for ensuring…more

Binding Corporate Rules, Cloud Service Providers (CSPs), Cloud Storage, Code of Conduct, Compliance

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Independent Review of Franchising Code – Final Report Released

The Australian Government has now released the Final Report of the Independent Review of the Franchising Code of Conduct (Code) submitted by Dr Michael Schaper. The Report contains a number of significant findings and…more

Australia, Code of Conduct, Franchise Agreements, Franchises

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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The False Claims Act and Health Care: 2023 Recoveries and 2024 Outlook

On 22 February 2024, the US Department of Justice (DOJ) published the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2023. The DOJ announced that the “government and whistleblowers were party to 543…more

Anti-Kickback Statute, Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Silicon Valley Bank Collapse: Implications for Employers

UPDATE: SVB depositors are expected to be able to access their deposits on 13 March, 2023. We are closely watching developments on this topic. For more information, refer to this Joint Statement by the Department of the…more

Banking Sector, Banks, Employees, Fair Labor Standards Act (FLSA), Financial Institutions

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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Calming the Seas for Offshore Wind: Renewable Energy Modernization Rule Seeks to Boost Regulatory and Financial Certainty for Wind on the Outer Continental Shelf

On 24 April 2024 the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE) issued a final rule to update regulations for renewable energy development on the US Outer Continental…more

BOEM, Clean Energy, Energy Projects, Energy Sector, Offshore Lease

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COVID-19: Real Estate - A 50-State Guide to COVID-19 Property Policies and Regulations - May 2021 #1

The global COVID-19 outbreak has encouraged widespread orders to protect renters and owners of commercial and residential real property. In this 50 state-by-state survey we offer a summary of cities and states that have enacted…more

Coronavirus/COVID-19, Eviction, Foreclosure, Landlords, Moratorium

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PATH Act Presents Opportunities for Tax-Efficient Non-U.S. Investment in U.S. Real Estate

On December 18, 2015, President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”). Among its numerous revisions to federal tax law, the PATH Act significantly amended various provisions…more

FIRPTA, IRS, Protecting Americans from Tax Hikes (PATH) Act, Real Estate Market, REIT

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COVID-19: (Australia) National Code of Conduct – Commercial Tenancies

*This information is accurate as of 11.00 am Tuesday 14 April 2020 and is subject to change as this situation evolves. On 7 April 2020, a National Code of Conduct (the Code) applicable to certain commercial tenancies that have…more

Australia, Code of Conduct, Commercial Leases, Landlords, Tenants

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The Supreme Court Rules the FAA Preempts Iskanian's Prohibition Against Arbitration of Individual Private Attorney General Act Claims

On 15 June, 2022, the Supreme Court of the United States (SCOTUS) delivered the 8-1 opinion in the matter Viking River Cruises, Inc. v. Moriana, which held that the California Supreme Court decision of Iskanian v. CLS…more

Arbitration, Arbitration Agreements, CA Supreme Court, Federal Arbitration Act, Iskanian v CLS Transportation

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Proposed New Australian Hydrogen Production Incentives and Support

The Australian Government has recently announced proposed measures to support the production of hydrogen in Australia utilising renewable energy. These include a new hydrogen production tax incentive and are estimated to amount…more

Australia, Clean Energy, Energy Projects, Energy Sector, Energy Tax Incentives

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NSW Supreme Court Considers Inherent Risk and Peer Professional Opinion in Bariatric Surgery Case Polsen v Harrison (No. 8)

On 6 July 2023, Lonergan J found in favour of Dr Harrison (Defendant), in a complex bariatric surgery case brought by Katrina Polsen (Plaintiff). A full decision can be read here. BACKGROUND - On 22 July 2013, the Plaintiff…more

Australia, Evidence, Medical Malpractice, Negligence, Surgery

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Seven Years in the Making: The SEC Finally Adopts Final Clawback Rules

Overview - On Wednesday, 26 October 2022, the U.S. Securities and Exchange Commission (the SEC), in a 3-2 vote, adopted final rules directing listing exchanges to require listed companies to establish, disclose, and enforce…more

Clawbacks, Executive Compensation, Reporting Requirements, Securities and Exchange Commission (SEC)

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Court of Chancery's Increased Scrutiny of Non-Bankruptcy Liquidations

Background - Delaware has seen a significant uptick in the number of assignment for the benefit of creditors (ABC) filings. Through recent decisions, the Court of Chancery has sent a strong message that it expects parties…more

Bankruptcy Code, Creditors, Delaware, Disclosure Requirements, Dispute Resolution

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QPAM Exemption Amendment—Key Takeaways and Action Steps for Advisors and Other Stakeholders

Executive Summary - Many investment advisers and other financial institutions rely on the Department of Labor’s QPAM Exemption when providing services to, and transacting with, employer-sponsored retirement plans, individual…more

Benefit Plan Sponsors, Compensation & Benefits, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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United States District Court for the Northern District of Illinois Grants Summary Judgment in “Manager of Managers” Excessive Fee Case

On March 13, 2018, the United States District Court for the Northern District of Illinois entered summary judgment for Harbor Capital Advisors, Inc. (“Harbor”) in consolidated actions brought under Section 36(b) of the…more

Arms Length Transactions, Excessive Fees, Fiduciary Duty, Gartenberg Factors, Investment Adviser

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Asia-Pacific Signals Strong Commitment to Economic Integration and Cooperation with RCEP Signing

After eight years of negotiations, the Regional Comprehensive Economic Partnership (RCEP)—covering 15 economies in the Asia-Pacific region, accounting for 30 percent of the global population, 30 percent of global GDP, and 34…more

Asia Pacific, E-Commerce, Foreign Investment, Free Trade Agreements, Regional Comprehensive Economic Partnership (RCEP)

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Litigation Minute: Protect Your Company Against Mass Arbitrations (Mass Arbitration Series: Part Four of Four)

What You Need to Know In a Minute or Less - As discussed in the first three editions of this Mass Arbitration series, little relief may be available once a company is caught in the mass arbitration trap…more

Arbitration, Class Action, Dispute Resolution

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SEC Adopts Amendments to Modernize Disclosures of Business, Legal Proceedings, and Risk Factors Under Regulation S-K

On 26 August 2020, the Securities and Exchange Commission (the Commission) adopted amendments to modernize certain disclosure requirements set forth in Regulation S-K. The amendments relate to the description of business (Item…more

Board of Directors, Capital Markets, Corporate Governance, Disclosure Requirements, Regulation S-K

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Sirius XM Radio, Inc. v. Hegar: Texas Supreme Court Rejects Comptroller Franchise Tax Apportionment Interpretation

In a much anticipated opinion addressing Texas franchise tax apportionment, the Texas Supreme Court ruled on 25 March 2022 in favor of the taxpayer, overturning a court of appeals decision that had upheld the Texas Comptroller’s…more

Apportionment, Comptroller, Franchise Taxes, SiriusXM, TX Supreme Court

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Equity Crowdfunding: Offering Fans a True Stake in Their Favorite Teams

We’ve all been there—that incredible moment when our favorite team is driving down the field for the go-ahead touchdown, has runners in scoring position in the bottom of the ninth inning, or has a penalty kick in the 89th…more

Baseball, Basketball, Corporate Issuers, Crowdfunding, Disclosure Requirements

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Japan's International Financial City Initiative Continues in Full Force, Aiming to Attract Foreign Managers with Licensing Exemptions and Financial Incentives

In November of 2021, Japan adopted two licensing exemptions aimed at assisting foreign asset managers who intend to open offices in Japan. This is another important step forward for Japan’s International Financial City…more

Exemptions, Financial Regulatory Agencies, Foreign Investment, Incentives, Investment Management

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Amendments to the Qatar Commercial Companies Law

The Qatar Commercial Companies Law Number 11 of 2015 (the Companies Law) has recently been amended by Law Number 8 of 2021 (the Amending Law). The Amending Law introduces significant changes to the Companies Law, enhancing the…more

Corporate Governance, Qatar

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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US Treasury Department Moves Closer to Implementing Outbound Investment Restrictions Through Latest Proposed Regulations

On 21 June 2024, the Office of Investment Security of the US Department of the Treasury (Treasury) issued proposed regulations to implement President Biden’s August 2023 Executive Order on Addressing United States Investments in…more

CFIUS, China, Civil Monetary Penalty, Critical Infrastructure Sectors, Executive Orders

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Purchase Price Adjustments in an M&A Transaction

Whether you are involved as the purchaser or seller in an M&A transaction, you should be aware of events that may trigger adjustments to the purchase price. WORKING CAPITAL ADJUSTMENTS - In a stock transaction, the…more

Balance Sheets, Contract Negotiations, Debt, Negotiations, Purchase Agreement

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Women's Quota on the Executive Board in Germany

The Second Leadership Positions Act (FüPoG II) aims to further develop the regulations for the equal participation of women in leadership positions. In the private sector, this will introduce a mandatory quota of women on…more

Corporate Executive Boards, Corporate Management, Diversity and Inclusion Standards (D&I), Germany, Leadership

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Connecticut Supreme Court Affirms Continuous Trigger and Unavailability Exception, Makes First-In-The-Nation Law Regarding Occupational Disease Exclusion

INTRODUCTION - Earlier this month, the Connecticut Supreme Court (the “Supreme Court”) finally issued its long-anticipated ruling regarding the Connecticut Appellate Court’s (the “Appellate Court”) landmark 2017 decision in…more

Employer Liability Issues, Insurance Industry, Insurance Litigation, Liability Insurance

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Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'…more

Business Assets, Confidential Information, Former Employee, Intellectual Property Protection, Risk Mitigation

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AAA Amendments to the Commercial Arbitration Rules and Mediation Procedures

Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013…more

American Arbitration Association, Arbitration, Commercial Arbitration, Mediation

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FY2025 Budget Supports Biden Administration's Focus on Fairness in the Tax Code

Overview - On Monday, 11 March 2024, the Biden administration released the president’s budget request (PBR) for fiscal year 2025 (FY2025), as well as the “Greenbook” containing explanations of the various revenue proposals in…more

Biden Administration, Capital Gains, Excise Tax, Federal Budget, GILTI tax

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DEA Temporarily Extends COVID-19 Flexibilities for Controlled Substance Prescriptions via Telemedicine While Evaluating Permanent Rule Changes

Executive Summary - The Drug Enforcement Administration (DEA) issued a temporary rule (Temporary Rule), effective 11 May 2023, extending flexibilities regarding the prescribing of controlled substances via telemedicine that have…more

Controlled Substances, Coronavirus/COVID-19, DEA, Health Care Providers, Prescription Drugs

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Out With the Old, in With the New – SEC Scraps Swing Pricing Proposal, Removes Redemption Gates, and Mandates Liquidity Fees for Money Market Funds

In a surprising change, the SEC heeded the cacophony of opposition to swing pricing, but instead threw the industry a curveball by requiring mandatory liquidity fees for institutional prime and institutional tax-exempt money…more

Financial Markets, Investment Company Act of 1940, Investors, Liquidity Fees, Money Market Funds

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Singapore's New Civil Justice Regime: Seven Likely Changes of Note and What They Mean in Practical Terms

A variety of reforms (draft amendments) have been proposed to Singapore’s Rules of Court (Rules), the procedural rules applicable to all litigants in Singapore. The draft amendments aim to enhance the efficiency of resolving…more

Arbitration, Dispute Resolution, Singapore

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COVID-19: Child Access in the Midst of the COVID-19 Pandemic: The Singapore Situation

On April 3, 2020, the Singapore government announced a series of new measures to combat the COVID-19 pandemic. This included a “Circuit Breaker” period from April 7 to May 4, 2020, to restrict movement and to promote social…more

Child Visitation, Coronavirus/COVID-19, Custody Agreements, Singapore

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China Standard Contract That Impacts Transferring Personal Information From China

On 1 June 2023, new measures explaining the requirements for using the standard contract (China Standard Contract) mechanism to legally export personal information from China as well as the form of the “standard contract” came…more

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

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FERC Issues Landmark Transmission Planning Rule, Order No.1920: Final Rule Modifies the Proposed Rule, Drawing 2-1 Vote

For the first time in more than a decade, the Federal Energy Regulatory Commission (FERC or the Commission) issued what undoubtedly will be considered a landmark order that promises to fundamentally alter US regional…more

Electricity, Energy Sector, FERC, Transmission Planning, Utilities Sector

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Should Job Applicants be Permitted to Use Artificial Intelligence?

As employers explore ways to use Artificial Intelligence (AI) within the bounds of existing and emerging legislation and guidance, and as government agencies, states, and municipalities seek to regulate AI in employment and…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Job Applicants

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USPTO Proposes Rulemaking to Implement Provisions of the Trademark Modernization Act of 2020

On 18 May 2021, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking concerning the Trademark Modernization Act of 2020 (TMA). The USPTO proposed to amend the rules to implement certain…more

Corporate Counsel, Trademark Modernization Act (TMA), Trademark Trial and Appeal Board, Trademarks, USPTO

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EPA Finalizes Section 401 Water Quality Certification Improvement Rule

On 14 September 2023, the US Environmental Protection Agency (EPA) announced the release of the final Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule (the Rule). The Rule restores regulatory…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Water Quality

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Dubai Creates New Entity to Resolve Jurisdictional Disputes Between the DIFC Courts and Other Judicial Bodies

Background - In Dubai, there has been scope for jurisdictional conflicts to arise between the common law, English language Dubai International Financial Centre (DIFC) Courts, and the ‘onshore’ Dubai Courts, which are Arabic…more

DIFC, Dispute Resolution, Dubai, Foreign Judgments, Jurisdiction

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UPDATE: FTC’s Proposed Amendments to the Magnuson-Moss Disclosure and Pre-Sale Availability Requirements

In October of 2015, President Obama signed into law the E-Warranty Act of 2015, an amendment to the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (the “Magnuson-Moss Warranty Act” or the “Act”), which updated…more

Disclosure Requirements, E-Warranty Act, Federal Trade Commission (FTC), Magnuson-Moss Act, Proposed Amendments

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NLRB Weakens Secret-Ballot Elections in Union Campaigns, Increasing Unionization Perils

On 25 August 2023, the Cemex decision by the National Labor Relations Board (NLRB or Board) upended 52 years of Board law that had previously enshrined the secret-ballot election as the default method for union certification…more

Collective Bargaining, Employee Rights, Employer Responsibilities, Labor Relations, NLRA

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New York Unwinds Some Burdensome Insurance Disclosure Obligations Imposed on Defendants by Amending the Comprehensive Insurance Disclosure Act

Policyholders can breathe more easily now that New York has relaxed or eliminated some of the more onerous insurance disclosure obligations of its recently enacted Comprehensive Insurance Disclosure Act (the Act). As discussed…more

Commercial Insurance Policies, Consumer Insurance Products, Disclosure Requirements, Discovery, New Legislation

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2021 ABA Private Target Mergers Acquisitions Deal Points Study

The American Bar Association’s (ABA) Business Law Section has released its 2021 Private Target Deal Points Study (the “Study”), the flagship product of the Market Trends Subcommittee of the Mergers and Acquisitions Committee…more

Acquisitions, American Bar Association (ABA), Informational Studies, Mergers

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Real Estate Beneficial Ownership Regulatory Alert: USDA Seeks Input on Information Reporting for Foreign Ownership of Agricultural Land

On 15 December, 2023 the United States Department of Agriculture (USDA) announced a request for information on proposed revisions to the Agricultural Foreign Investment Disclosure Act (AFIDA) Report. AFIDA and its regulations,…more

Agricultural Sector, Beneficial Owner, Disclosure Requirements, Farm Service Agency (FSA), Foreign Ownership

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"Right to Repair" Law Requires Manufacturers to Give Up the Fix in New York

To give consumers the ability to repair their own electronic devices, New York is leading the way in “Right to Repair” legislation with its Digital Fair Repair Act, N.Y. Gen. Bus. Law § 399-NN (2022). The Digital Fair Repair Act…more

Manufacturers, New York, OEM, Repairs, Right to Repair

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DOJ, FBI, and SEC Provide Guidance For Delay Requests Relating to Disclosure of Cybersecurity Incidents Under Form 8-K

On 18 December 2023, the new rules of the US Securities and Exchange Commission (SEC) regarding disclosure of material cybersecurity incidents under Item 1.05 of Form 8-K went into effect, requiring companies to report a…more

Compliance, Cyber Incident Reporting, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Department of Justice (DOJ)

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American Law Institute Vote on Medical Monitoring Could Spur Increased "No-Injury" Claims

The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all…more

Mass Tort Litigation, Medical Monitoring, Risk Management, Toxic Chemicals, Toxic Exposure

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Risks to Your Supply Chains – Vulnerability in an Uncertain World

BACKGROUND - As a small island nation, Australia has always been dependent on international trade. Its favourable terms of trade have helped it withstand many external shocks throughout its history…more

Australia, Essential Goods, Imports, Risk Management, Supply Chain

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Pennsylvania's New Lobbying Equity Report: Short Legislation Leads to Long List of Questions

Tucked into an obscure corner of Pennsylvania’s Administrative Code by Act 70 of 2021 is a brief paragraph that is now causing significant confusion for Pennsylvania’s lobbying community. Beginning 7 October 2021 and continuing…more

Disclosure Requirements, Equity, Ethics, Lobbying, Lobbyists

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The European Commission Sends Strong Signal Against Parallel Import Restrictions

On 23 May 2024, the European Commission (Commission) imposed a €337.5 million fine to one of the world’s leading manufacturers of chocolate, biscuits, and coffee products for restricting cross-border trade in these product…more

Competition, Cross-Border, Enforcement, EU, European Commission

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Specific Language Not Required in New Jersey Arbitration Agreements Between Sophisticated Parties

In County of Passaic v. Horizon Healthcare Services, the New Jersey Appellate Division (the Appellate Division) clarified that arbitration provisions between sophisticated entities need not explicitly explain the implications of…more

Arbitration, Arbitration Agreements, Health Insurance, New Jersey

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Litigation Minute: Bankruptcy Issues for Vendors and Other Contractual Counterparties

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Companies should anticipate the possibility that they will find themselves in a situation where a vendor, customer, or other contract counterparty commences a bankruptcy case pursuant…more

Automatic Stay, Bankruptcy Code, Executory Contracts, Supply Contracts, Vendors

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Medical Panel Referrals and Determinations in Multi-Defendant Claims

Introduction - In Victoria, an injured plaintiff who brings a public liability or medical negligence claim is usually required to demonstrate they have suffered a 'significant injury,' before they are entitled to claim…more

Australia, Bodily Injury, Dispute Resolution, Negligence, Pain and Suffering

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The Countdown to Complete Your Consumer Health Data Privacy Policy Under the Washington My Health My Data Act

Almost one year ago, Washington State passed the “My Health, My Data” Act (the Act), which aims to protect Washington consumer health data, particularly data related to reproductive healthcare. The Act is the first law in the…more

Consumer Privacy Rights, Data Collection, Data Management, Data Protection, Electronic Medical Records

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COVID-19: K&L Gates Triage: United States vs Australia-Future of Nursing Homes and Long Term Care Facilities and What it Will Take to Succeed

In this week’s episode, Myla Reizen and Paris Petranis are joined again by Bruce Spurlock, President and CEO of Cynosure Health, and Judi Coombe, a Senior Operations Consultant at Ansell Strategic, to continue their discussion…more

Australia, Coronavirus/COVID-19, Elder Care, Health and Safety, Health Care Providers

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Goods and Services Tax in Australia to Apply to Offshore Digital Supplies (and More)

Draft Goods and Services Tax (GST) legislation has been released which seeks to level the playing field by ensuring that digital products and services provided to Australian consumers are subject to GST, whether provided by an…more

Australia, Business Taxes, Digital Goods, GST, Imports

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COVID-19: Applicability of Force Majeure Clauses in the United States

On March 11, 2020, the World Health Organization declared the novel coronavirus (COVID-19) a global pandemic. As of March 18, 2020, the United States had reported at least 5,881 cases of COVID-19, including 107 deaths…more

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

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The SEC Division of Examinations Announces 2023 Priorities, Including Key Areas for Registered Investment Advisers, Registered Investment Companies, and Broker-Dealers

On 7 February 2023, the Division of Examinations (the Division) of the U.S. Securities and Exchange Commission (SEC) announced its examination priorities for the 2023 fiscal year (the Report). The Report, which identifies areas…more

Asset Management, Broker-Dealer, Cryptoassets, Cryptocurrency, Enforcement Actions

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The False Claims Act and Health Care: 2023 Recoveries and 2024 Outlook

On 22 February 2024, the US Department of Justice (DOJ) published the statistics for federal civil fraud recoveries in Fiscal Year (FY) 2023. The DOJ announced that the “government and whistleblowers were party to 543…more

Anti-Kickback Statute, Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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The SEC's New Private Fund Adviser Rules: A Guide to Compliance (Updated)

On 23 August, the US Securities and Exchange Commission adopted new rules and rule amendments that will impose substantial regulation on the management and operation of private funds by investment advisers. The Guide to…more

Asset Management, Audits, Compliance, Disclosure Requirements, Fund Managers

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Hairdryer Treatment From UK Competition Regulators: More Red Cards in the Beautiful Game

Two decisions this year in the United Kingdom concerning Leicester City Football Club (Leicester City) and Newcastle United Football Club (Newcastle United) show that competition law may be becoming a more prevalent part of the…more

Competition, Competition Act, Enforcement, EU, Football

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Delaware Court of Chancery Dismisses Petition for Equitable Dissolution of an LLC by a Non-Member

In SolarReserve CSP Holdings v. Tonopah Solar Energy, LLC, C.A. No. 2019-0791-JRS (Del. Ch. Mar. 18, 2020), the Delaware Court of Chancery (the “Court”) dismissed a non-member/non-manager’s petition for equitable dissolution of…more

Dissolution, Limited Liability Company (LLC), Operating Agreements

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Recent Changes to Tender Law Regulations in Qatar

A series of provisions under the Executive Bylaws of the Law on the Organization of Tenders and Auctions No.16 (2019) have been amended by the Council of Ministers Resolution No.11 of 2022 (the 2022 Resolution). According to the…more

Energy Sector, Oil & Gas, Qatar, Small and Medium-Sized Enterprises (SMEs)

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SEC Adopts Amendments to Rule 10b5-1 Insider Trading Plans and Related Matters

Overview - On 14 December 2022, the Securities and Exchange Commission (the SEC) adopted amendments to Rule 10b5-1 of the Securities Exchange Act of 1934 addressing concerns that insiders and issuers have in the past been able…more

Capital Markets, Disclosure Requirements, Insider Trading, Investors, Rule 10b-5

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Is a Lender "Worthy" of Direct Payment on Accounts Receivable Owing to Its Debtor? The New York Court of Appeals Settles This Question.

A recent New York Court of Appeals case, Worthy Lending LLC v. New Style Contractors, Inc., highlights the importance of maintaining best practices in transactions where the lender takes a security interest in the borrower’s…more

Best Practices, Borrowers, Debtors, Financial Services Industry, Lenders

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Digital Nomad Visa

On 4 April 2024, the Ministerial Decree dated 29 February 2024, was published in the Official Journal of the Italian Republic. Such Decree defines the conditions and operational rules for the entry and stay in Italy of so-called…more

EU, Foreign Workers, Highly-Skilled Workers Visa, Immigration Procedures, Italy

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Guide: How to Enforce Intellectual Property Rights in China

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,…more

China, Copyright, Copyright Infringement, Intellectual Property Protection, Patents

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Litigation Minute: New Year's (Dispute) Resolutions - A Look Ahead at Litigation Trends in 2023

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and personal…more

Climate Change, Dispute Resolution, Environmental Litigation, Environmental Social & Governance (ESG), Web Tracking

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COVID-19: Massachusetts to Lift Most COVID-19 COVID-19 Restrictions and End State of Emergency

Effective 29 May 2021, most of the Commonwealth of Massachusetts’ remaining COVID-19 restrictions will be lifted and its face covering order will be rescinded and replaced with a face covering advisory consistent with the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employees, Governor Baker, Masks

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Down Goes Chevron—Environmental Challenges Will Soon Follow

On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Government Agencies

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The Capital Gains Rate - Historical Perspectives on "Retroactive" Changes

In light of the U.S. presidential election on 3 November 2020, many investors and business owners expecting a liquidity event are focused on the possibility that the current capital gains rate (generally, 23.8 percent) could be…more

Business Ownership, Capital Gains, Investors, Liquidity, Presidential Elections

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Doing Business in the United States

Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly…more

Corporate Governance, Foreign Acquisitions, Foreign Investment, International Tax Issues, Investors

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Fair Work Act Changes - Important Changes Approaching

In our recent alert, we set out some of the key upcoming changes in Australian employment law. Since then, there has been further progression as the Labor Government implements its workplace agenda. We have set out a timeline…more

Australia, Employee Rights, Fair Work Act, Flexible Work Arrangements, Paid Leave

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COVID-19: Distressed M&A in the Era of a Pandemic -- Part 2, Déjà Vu All Over Again?

INTRODUCTION - Part 1 of this Distressed M&A series addressed the unique aspects of acquiring distressed companies (as compared to financially healthy companies). So, are the distressed M&A aspects of this COVID-19 era distinct…more

Coronavirus/COVID-19

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Litigation Minute: 2023 Year in Review and 2024 Look Ahead

What You Need To Know In A Minute Or Less - In 2023, we published 16 editions of our Litigation Minute newsletter, featuring emerging topics posing increasing and significant risks to companies. In a minute or less, here are…more

Class Action, Data Privacy, Food and Drug Administration (FDA), Hazardous Substances, PFAS

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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A Statutory Tort for Serious Invasions of Privacy?

Introduction - To many people’s surprise, it remains the case in Australia that individuals do not have a specific right to obtain compensatory damages for serious invasions of privacy, such as the sharing of intimate images on…more

Australia, Compensatory Damages, Data Privacy, Data Protection, Invasion of Privacy

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The Department of Treasury Releases Direct Pay Guidance on Clean Energy Tax Credits

Final Rules Address Eligibility and Process; Proposed Rules Provide Workaround Allowing Tax Exempts to Partner With Others on Projects - The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) recently…more

Clean Energy, Energy Projects, Income Taxes, Infrastructure, IRS

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Energy Storage Handbook 2022

The K&L Gates Power practice is pleased to present the latest edition of the Energy Storage Handbook. This handbook is an annually updated primer on what energy storage is, how it is regulated by U.S. federal and state…more

Batteries, Clean Energy, CPUC, Department of Energy (DOE), Electricity

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

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What's in a Fund Name? SEC Approves Changes to the Fund Names Rule

On 20 September 2023, the US Securities and Exchange Commission (the SEC) adopted amendments to Rule 35d-1 (the Names Rule or Rule) under the Investment Company Act of 1940, as amended (the 1940 Act), and made related form…more

Financial Services Industry, Fund Managers, Investment Companies, Investment Company Act of 1940, Investment Funds

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Litigation Minute: When the Federal No Surprises Act's Dispute Resolution Process Does Not Apply: Exempt Payors or State Law (Payor-Provider Series: Part Four of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - For health care providers offering items and services to out-of-network (OON) patients1 in certain emergency and nonemergency settings, the federal No Surprises Act (NSA) establishes a…more

Dispute Resolution, Health Care Providers, Out of Network Provider, Surprise Medical Bills

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Subordinated Debt: An Effective Tool for Financing Growth

COVID-19 and the resulting economic downturn are expected to strain the U.S. banking system at a time when banks are grappling with how to modernize their products and services and keep pace with technological innovation…more

Banking Sector, Banks, Subordinated Debt

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Important Changes to French Labor Law in 2024

Need to Know Amounts from 1 January 2024 - €11.65 - The legal minimum hourly wage has increased to €11.65 gross (from €11.52 in 2023). The amount of the monthly minimum wage in France is now €1,766.92 gross for 35 worked hours…more

Employer Responsibilities, France, Minimum Wage, Recruitment Policies, Sick Leave

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Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and Require Disclosure of Salary Ranges in Job Postings

On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information…more

Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors, Job Ads, Job Applicants

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Ten Things Consumer Packaged Goods Companies Should Do to Manage Co-Manufacturer Relationships

Many consumer packaged goods (CPG) companies’ contract with other companies to manufacture goods sold under the CPG companies’ label or brand. These arrangements are called “co-manufacturing” or “contract manufacturing.”…more

Compliance, Consumer Product Companies, Indemnity, Liability Insurance, Manufacturers

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German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)

A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision…more

Coronavirus/COVID-19, Creditors, Debt Restructuring, Debtors, Germany

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COVID-19: Reliefs and Support for Small and Medium Enterprises (SMEs) in Singapore

As a result of the ongoing COVID-19 situation, the Singapore government has unveiled certain programmes and schemes with the purpose of assisting SMEs to weather the crisis and accompanying economic uncertainties. A number of…more

Coronavirus/COVID-19, Relief Measures, Singapore, Small and Medium-Sized Enterprises (SMEs)

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COVID-19: Singapore’s COVID-19 (Temporary Measures) Bill: Further Analysis on What It Is and How It May Impact You

Our last update on this matter was published at a time when only the Press Release relating to the Bill was publicly available. This update is published after the Bill itself has been made public. Given the breadth of the Bill,…more

Commercial Contracts, Contract Terms, Coronavirus/COVID-19, Singapore

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

FDA Issues Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors

In this episode, Alexa Sengupta and Cindy Ortega Ramos analyze the FDA’s latest guidance on informed consent regulations for clinical investigations. They discuss the basic elements of the consent form, documentation…more

Clinical Trials, Documentation, Food and Drug Administration (FDA), Informed Consent, Investigations

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Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term…more

Class Action, Cosmetics, Dispute Resolution, Marketing, Motion to Dismiss

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Strata Title Reform - Are You Required to Consolidate Your By-Laws?

WHAT HAS HAPPENED? There has been significant reform to the Strata Titles Act 1985 (WA) (Act) through the Strata Titles Amendment Bill 2018. The changes took effect on 1 May 2020…more

Australia, Commercial Leases, Commercial Property Owners, Leases

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Down Goes Chevron—Environmental Challenges Will Soon Follow

On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Government Agencies

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Equitable Subrogation and "Controllers" for the Purposes of the Corporations Act 2001 - Can a Lawyer be a "Controller"?

In Bolwell & Anor v NWC Finance Pty Ltd & Ors [2024] VSC 30, the Supreme Court of Victoria clarified that a lawyer will not be a "controller" of property within the meaning of section 9 of the Corporations Act 2001 (Cth) (the…more

Australia, Liquidation, Mortgages, Property Owners, Purchasers

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ICSDs' New DVP Settlement Model for Syndicated New Issues

Summary - On 14 March 2022, the ICSDs will introduce a new DVP settlement model for new-issue syndicated notes. The changes will impact the roles of the ICSDs, lead manager and common depositary in the payment flows and…more

Bond Issuers, Bonds, High Yield Bonds, Liquidity, Promissory Notes

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Change to Interest Rates Applied by the Courts in Dubai

The General Assembly of the Dubai Court of Cassation issued Resolution No. 1 of 2021 on 9 June 2021. This binding resolution reversed the court’s previous ruling regarding interest rate calculations for the awarded amount of…more

Court of Cassation, Debt, Dispute Resolution, Dubai, Interest Rates

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French IP Law Update – The Delicate Balance between Employers and Inventors: A French Revolution?

Counsel from jurisdictions where payments to employee-inventors only arise from contracts or employee incentive programs are sometimes surprised when they first become involved with jurisdictions that have statutory payment…more

Employees, France, Inventors, Patent Applications, Patents

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Collective Bargaining Agreements in the Temporary Employment Sector: Invalid?

Following the European Court of Justice (ECJ) ruling of 15 December 2022—C-311/21—the temporary employment industry is once again the focus of caselaw and is once again becoming a considerable risk for both temporary employment…more

Collective Bargaining, EU, European Court of Justice (ECJ), Temporary Employees, Wage and Hour

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Biden Administration Takes Actions to Bolster Maritime Cybersecurity in the US Maritime Domain

The maritime industry is undergoing a significant transformation that involves increased use of cyber-connected systems, coinciding with increased nation-state and cybercriminal targeting of cyber systems in ports and maritime…more

Biden Administration, Coast Guard, Cyber Threats, Cybersecurity, Executive Orders

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Water Regulation in the Western States: California's 2023 Legislative Proposal Highlights

An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated the…more

California, Drought, Groundwater, Legislative Agendas, Water

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The Essentials—California Employment Law Update For 2024

In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against…more

Anti-Retaliation Provisions, California, Discrimination, Drug Testing, Employer Responsibilities

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COVID-19: Measures Under the Economic Stabilization Fund Act and the Law on the BayernFonds to Mitigate the Economic Consequences of the COVID-19 Pandemic

In order to mitigate the serious consequences of the COVID-19 pandemic for the entire real economy, which are already becoming apparent, the German Parliament (Bundestag) decided on 25 March 2020 to set up an Economic…more

Coronavirus/COVID-19, Germany, Relief Measures

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COVID-19: Businesses Face Supply Chain Challenges as Pandemic Triggers State ‘Stay at Home’ and Business Curtailment Orders

In an effort to respond to the COVID-19 pandemic, states across the nation have adopted restrictions limiting the in-person operations of manufacturers, businesses, and institutions to those deemed “essential” or “life…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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HUB Talks: The Impact of Overdraft Fees on Banks and Consumers

In this episode, Judie Rinearson and John ReVeal discuss class action litigation and regulatory enforcement concerns arising from overdraft fee disclosures and practices. John also shares his insight about possible legislative…more

Banking Sector, Banks, Checking Accounts, Class Action, Consumer Financial Protection Bureau (CFPB)

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USCIS Increases Fees for Employer-Based Petitions

On 30 January 2024, the US Citizenship and Immigration Services (USCIS) published a final rule (Final Rule) increasing the premium processing fee from US$2,500 to US$2,805, increasing filing fees for I-129 and I-140…more

Filing Fees, Form I-129, Form I-140 Petitions, Immigration Procedures, Nonprofits

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Unpacking CMS's Proposed Rule for Correcting Underpayments for 340B Drug Reimbursement

In this episode, Darlene Davis, Leah Richardson, and Andrew Ruskin unravel CMS’s proposed rule for the remedy for Medicare payments for drugs purchased under the 340B Program and reimbursed as hospital outpatient services. The…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Medicare, Medicare Advantage

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Pennsylvania's Growing Electric Vehicle Charging Network: What's All the Buzz About NEVI Plans?

With electric vehicles (EVs) on the rise, recent federal legislative and policy initiatives have prompted states to develop related infrastructure plans. These plans will provide for the greater connectivity required to support…more

Automotive Industry, Electric Vehicles, Infrastructure, Pennsylvania

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Drafting Pre-litigation Demand Letters

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The early stages of a legal dispute are often marked by the exchange of demand letters. While they typically receive less attention than formal legal filings, demand letters warrant…more

Demand Letter

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WA Regulation of Performance Security in Contracts

All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new…more

Australia, Construction Contracts, Construction Industry, Construction Project, Notice Requirements

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

See all updates »

Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

See all updates »

Down Goes Chevron—Environmental Challenges Will Soon Follow

On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Government Agencies

See all updates »

Black Friday, Cyber Monday, Flash Sale…? Make Sure You Know the Rules

With the ubiquitous “Black Friday”—and now “Black Week”—having taken hold in the European Union and the United Kingdom, consumers will currently be inundated with offers and shopping around for the best deal. Retailers should…more

Advertising, Black Friday, EU, Holidays, Internet Retailers

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Chinese Premier's Australia Visit – Key Takeaways for Business

In June 2024, China's premier Li Qiang (the head of government and the second most senior Chinese government official) visited Australia, marking the first time in seven years that a Chinese premier has visited the country…more

Australia, Business Opportunities, China, Cross-Border, Economic Development

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US Department of Labor Announces Final Rule Increasing Salary Thresholds For Overtime Exemptions (Updated)

UPDATE: On 3 July 2024, the Northern District of Texas preliminarily enjoined the US Federal Trade Commission from implementing and enforcing its Final Rule banning non-competes against the US Chamber of Commerce, the Business…more

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

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The SEC Publishes 2024 Examination Priorities Ahead of Schedule, Previewing Key Areas of Focus for Registered Entities

On 16 October 2023, the Division of Examinations (Division) of the US Securities and Exchange Commission (SEC) released its examination priorities for the 2024 fiscal year (the Report). The Division released this Report earlier…more

Anti-Money Laundering, Asset Management, Broker-Dealer, Capital Markets, Compliance

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Supreme Court of Pennsylvania Hears Argument to Preclude Occupational Disease Claims Against Former Employers

On 10 April 2024, the Supreme Court of Pennsylvania heard argument in Herold v. Univ. of Pittsburgh, in which the Court is reviewing a 2023 Commonwealth Court decision holding that the exclusive remedy provision of the…more

Jurisdiction, Latent Occupational Diseases, Occupational Exposure, PA Supreme Court, Workers Compensation Act

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Litigation Minute: Surviving the Ever-Changing Cryptocurrency Regulatory Landscape (Cryptocurrency Litigation Series: Part One of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - One of the hottest areas in the law right now is cryptocurrencies and digital assets. One seemingly cannot open a news website without seeing stories about cryptocurrency risks,…more

Blockchain, Cryptocurrency, Digital Assets, Dispute Resolution, Financial Services Industry

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Health Care Triage: Stark Law and the Anti-Kickback Statue Under the False Claims Act

In this episode, Norman Acker, Nora Becerra, and Katherine Rippey discuss the False Claims Act as it relates to Stark Law and the Anti-Kickback Statue. They analyze the Wheeling Hospital case and the Catholic Medical Center case…more

Anti-Kickback Statute, False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Hospitals

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Threading the Needle: The US Securities and Exchange Commission's Final Climate-Related Disclosure Rules

On 6 March 2023, by a 3-2 vote of the Commissioners split along party lines, the US Securities and Exchange Commission (SEC) adopted “The Enhancement and Standardization of Climate-Related Disclosures for Investors” final…more

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

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FERC Issues Landmark Transmission Planning Rule, Order No.1920: Final Rule Modifies the Proposed Rule, Drawing 2-1 Vote

For the first time in more than a decade, the Federal Energy Regulatory Commission (FERC or the Commission) issued what undoubtedly will be considered a landmark order that promises to fundamentally alter US regional…more

Electricity, Energy Sector, FERC, Transmission Planning, Utilities Sector

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Tax and Estate Planning Opportunities to Consider Now

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

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

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Are Valentino’s Rockstud® Shoes as Distinctive as the Red Soles?

Has Valentino stepped up enough to show that their Rockstud® design has acquired distinctiveness similar to Christian Louboutin’s red soles? In a recent response to a USPTO office action, Valentino asserted similar notoriety in…more

Acquired Distinctiveness, Trademarks, USPTO

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COVID-19: Victorian Government Draws Upon the 'Big Stick' on COVID-19 Notification

Victoria has introduced the Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 (Notification Regulation) requiring an employer to notify WorkSafe Victoria immediately of the following circumstances:…more

Australia, Coronavirus/COVID-19, Employer Responsibilities, Notification Requirements, Sick Employees

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Look At Me, Not Through Me: Supreme Court Limits Federal Jurisdiction for Post-Arbitration Award Petitions

On 31 March 2022, the United States Supreme Court in Badgerow v. Walters limited federal subject matter jurisdiction over post-arbitration award petitions under the Federal Arbitration Act (FAA) §§ 9 and 10. After years of…more

Arbitration, Arbitration Agreements, Arbitration Awards, Badgerow v Walters, Federal Arbitration Act

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COVID-19: (Australia) Further Changes To JobKeeper: What Do Employers Need To Know Now?

The Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 was passed by Federal Parliament, which has resulted in further changes to the JobKeeper Payment scheme including changes to the flexibility…more

Australia, Coronavirus/COVID-19, Fair Work Act

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The SEC Limits the Internet Adviser Exemption

Brief Overview - On 27 March 2024, the US Securities and Exchange Commission (SEC) adopted amendments (the Amendments) to Rule 203A-2(e) under the Investment Advisers Act of 1940 (Advisers Act). Rule 203A-2(e) is commonly known…more

Asset Management, Compliance, Form ADV, Internet, Investment

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DOJ, FBI, and SEC Provide Guidance For Delay Requests Relating to Disclosure of Cybersecurity Incidents Under Form 8-K

On 18 December 2023, the new rules of the US Securities and Exchange Commission (SEC) regarding disclosure of material cybersecurity incidents under Item 1.05 of Form 8-K went into effect, requiring companies to report a…more

Compliance, Cyber Incident Reporting, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Department of Justice (DOJ)

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Does the Dapper Settlement Offer Rules of the Road for NFT Issuers?

Dapper Labs (Dapper) has agreed to settle a putative class action suit brought by private plaintiffs, subject to court approval, putting to rest allegations that its NBA-endorsed nonfungible tokens (NFTs) were offered and sold…more

Blockchain, Digital Assets, Financial Services Industry, Non-Fungible Tokens (NFTs), Putative Class Actions

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COVID-19: Cameras in the Courtroom & Post-Pandemic Access to Appellate Proceedings

INTRODUCTION - While federal and state appellate courts have historically been cautious about allowing cameras in the courtroom, the COVID-19 pandemic has pushed courts toward live audiovisual broadcasting to preserve public…more

Appellate Courts, Broadcasting, Cameras, Public Broadcasting

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Inaugural National Defense Industrial Strategy Emphasizes Cooperation Among Partner-Allies

In January, the Department of Defense (DoD) released its inaugural National Defense Industrial Strategy (NDIS), which seeks to “catalyze generational change” to the existing defense industrial ecosystem. This “first-of-its-kind”…more

Defense Sector, Department of Defense (DOD), Government Agencies, Industrial Sector, Manufacturers

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COVID-19: Effects on Payment Obligations of Tenants in Germany

Due to the COVID 19 pandemic (hereafter, “COVID-19”), the closure of numerous shops and other businesses has been ordered by the authorities. Other shops and businesses are suffering losses in sales, some of them severe. As a…more

Commercial Leases, Commercial Tenants, Contract Terms, Coronavirus/COVID-19, Frustration of a Common Purpose

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USPTO Considering Changes to Enforceability of Patents Subject to a Terminal Disclaimer

On 10 May 2024, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking aimed at changing the current practices surrounding terminal disclaimers. The proposed change could have substantial…more

Disclaimers, Double Patent, NPRM, Patent Ownership, Patents

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11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges for Companies

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic…more

Antitrust Provisions, Competition, Digital Marketplace, EU, Germany

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Tooey Analysis Extended to Occupational Disease Act

In Herold v. University of Pittsburgh, the Pennsylvania Commonwealth Court affirmed a Court of Common Pleas of Allegheny County decision, holding that: (1) common law claims for occupational diseases occurring four years after…more

Latent Occupational Diseases, Occupational Exposure, Pennsylvania, Workers' Compensation Claim, Workplace Hazards

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Down Goes Chevron—Environmental Challenges Will Soon Follow

On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Environmental Protection Agency (EPA), Government Agencies

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COVID-19: Bankruptcy Code Amendments in the Consolidated Appropriation Act and COVID-19 Bankruptcy Relief Extension Act

On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the…more

Bankruptcy Code, Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Creditors

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Third Circuit Affirms Judgment for Investment Adviser in Section 36(b) Action

In a non-precedential opinion, the Third Circuit has affirmed a district court’s ruling in favor of AXA Equitable Fund Management Group (“FMG”) in a case in which the plaintiffs had claimed that FMG charged excessive fees for…more

Excessive Fees, Investment Adviser, Investment Company Act of 1940, Mutual Funds, Section 36(b)

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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After the Election: What Can and Will Get Done?

The Biden-Harris transition is in full swing. President-elect Biden has started announcing Cabinet positions, and key staff and agency teams are soliciting input as they work feverishly to put together personnel, policies, and…more

Appropriation, Biden Administration, Climate Change, Coronavirus/COVID-19, Infrastructure

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The Year Ahead: The Financial Conduct Authority's Ambitious Enforcement Plans for 2024/2025

In 2022, for the first time, the Financial Conduct Authority (FCA) published a three-year strategy setting out three key themes for promoting positive change, namely: (1) reducing and preventing serious financial harm and crime,…more

Anti-Money Laundering, Enforcement Actions, Financial Conduct Authority (FCA), Financial Services Industry, Fraud

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FTC Proposes Sweeping Ban on Employee Noncompete Clauses: What Employers Need to Know, Proposed Alternatives, and Opportunity for Public Comment

The Federal Trade Commission (FTC) has kicked off 2023 by unveiling a Notice of Proposed Rulemaking (Proposed Rule) that would ban companies from entering into noncompete agreements with their workers and render void all…more

Federal Trade Commission (FTC), Non-Compete Agreements, Public Comment, Restrictive Covenants

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The End of Chevron Deference: What the Supreme Court's Ruling in Loper Bright Means for the Regulated Community

In a landmark ruling with far-reaching consequences for federal agencies and the regulated community, the Supreme Court overturned the 40-year-old Chevron doctrine. Loper Bright Enterprises v. Raimondo, decided on June 28, 2024,…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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COVID-19: COVID-19 and the Cura Italia Decree

On 17 March 2020, the Italian Government enacted the so called “Cura Italia” law decree, with the aim of issuing urgent measures to address the economic and social impact of the COVID-19 emergency) (the Decree}. The Decree was…more

Coronavirus/COVID-19, Italy, Relief Measures

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Federal Agencies Have Placed a Heightened Priority on Whistleblowers and Speedy Cooperation

As new areas of the law emerge, driven in part by technology and the free flow of information, federal agencies are becoming more aggressive with a tried and true carrot-and-stick approach to law and regulatory enforcement. In…more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Government Agencies, Incentives

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Unpacking CMS's Proposed Rule for Correcting Underpayments for 340B Drug Reimbursement

In this episode, Darlene Davis, Leah Richardson, and Andrew Ruskin unravel CMS’s proposed rule for the remedy for Medicare payments for drugs purchased under the 340B Program and reimbursed as hospital outpatient services. The…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Medicare, Medicare Advantage

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Workplace Wrap - July 2024

As we find ourselves in the new financial year, a number of the key financial thresholds relating to employees have increased. From 1 July 2024, the national minimum wage has increased by 3.75% to AU$24.10 per hour…more

Australia, Employees, Employer Responsibilities, Fair Work Commission, Minimum Salary

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Dubai Creates New Entity to Resolve Jurisdictional Disputes Between the DIFC Courts and Other Judicial Bodies

Background - In Dubai, there has been scope for jurisdictional conflicts to arise between the common law, English language Dubai International Financial Centre (DIFC) Courts, and the ‘onshore’ Dubai Courts, which are Arabic…more

DIFC, Dispute Resolution, Dubai, Foreign Judgments, Jurisdiction

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Addressing Whistleblower Claims Under Sarbanes-Oxley and Beyond: US Supreme Court Hears Argument on Burden of Proof Requirements

The United States Supreme Court recently heard oral argument in a case arising under the whistleblower provisions of the Sarbanes-Oxley Act of 2002 (SOX), presenting the question of who must prove intent in a whistleblower…more

Anti-Retaliation Provisions, Burden of Proof, Publicly-Traded Companies, Sarbanes-Oxley, SCOTUS

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President Biden Issues Executive Order Restricting Bulk Transfers of Sensitive Personal and US Government-Related Data

On 28 February 2024, President Biden issued Executive Order 14117 of February 28, 2024, Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern (EO) aimed at…more

Biden Administration, Data Collection, Data Storage, Data Transfers, Data-Sharing

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An Easier Path: McCarrell v. Hoffman-La Roche Paves the Way to Bring Tort Claims in New Jersey Barred by Other States’ Statutes of Limitations

In McCarrell v. Hoffman-La Roche, Inc., 2017 WL 344449 (Jan. 24, 2017), the New Jersey Supreme Court replaced the State’s “governmental-interest” standard to resolve choice-of-law questions regarding statutes of limitations in…more

Appeals, Choice-of-Law, Forum Selection, Statute of Limitations

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UPDATE: California Legislature Amends PAGA Statute Through Assembly Bill 2288 and Senate Bill 92

Assembly Bill 2288 and Senate Bill 92 were introduced on 21 June 2024, both of which proposed significant reforms to California’s Private Attorneys General Act of 2004 (PAGA). On 1 July 2024, Governor Gavin Newsom signed these…more

California, Employees, Employment Litigation, Labor Code, Labor Law Violations

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COVID-19: Insurance Coverage for Pandemic-Related Workplace and Employment Practices Claims

While legislative initiatives are being proposed to shield businesses from various pandemic-related liabilities, the extent to which such measures, if ultimately passed, will protect employers from workplace and…more

Coronavirus/COVID-19

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Derivative Suit Dismissed for Failing to Plead Demand Futility

In Shabbouei v. Potdevin, C.A. No. 2018-0847-JRS (Del. Ch. Apr. 2, 2020), the Delaware Court of Chancery dismissed a derivative suit against the board of directors (the “Board”) of lululemon athletica inc. (the “Company”) by a…more

Derivative Suit, Dismissals

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Global Survey of ESG Regulations for Asset Managers - ESG and the Sustainable Economy Handbook

INTRODUCTION - Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of…more

Asset Management, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Conduct Authority (FCA)

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

See all updates »

Seller Beware: Coordinating Brownfields Redevelopment With Remediation

Redevelopers in New Jersey have become increasingly comfortable with the idea of buying environmentally compromised properties, particularly with a growing demand for warehouse properties to support the e-commerce economy. There…more

Real Estate Development, Redevelopment

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COVID-19: Stricter Rules on FDI Screening in Italy, in the Wake of the Health and Sanitary Emergency

Following recent guidelines imparted by the European Commission, the “Liquidity Decree” (Law Decree no. 23 of 8 April 2020) includes specific provisions to amend and supplement the so-called “Golden Power” legislation, with a…more

Asset Protection, Coronavirus/COVID-19, European Commission, Investment, Italy

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The Hydrogen Handbook - United Kingdom

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Carbon Emissions, Electricity, Energy Projects, Energy Sector, Energy Storage

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COVID-19: COVID-19 and the Cura Italia Decree

On 17 March 2020, the Italian Government enacted the so called “Cura Italia” law decree, with the aim of issuing urgent measures to address the economic and social impact of the COVID-19 emergency) (the Decree}. The Decree was…more

Coronavirus/COVID-19, Italy, Relief Measures

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BOEM Offshore Wind Lease Update: Gulf of Mexico Auction Produces Lackluster Results, Not Likely Repeated in Future Oregon and Mid-Atlantic Lease Areas Auctions

The results of the Bureau of Ocean Energy Management’s (BOEM’s) recent auction of the Gulf of Mexico (Gulf) lease areas sharply depart from recent auctions and may signal uncertainty about current prospects for offshore wind in…more

BOEM, Energy Sector, Offshore Wind, Renewable Energy, Wind Power

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Court Of Chancery Denies Application For Certification Of Interlocutory Appeal After Ruling That Judicial Dissolution Of The Limited Liability Company Is Warranted

In Acela Investments LLC v. Raymond DiFalco, Case No. 2018-0558-AGB (Del. Ch. June 28, 2019), the Delaware Court of Chancery addressed an application for certification of an interlocutory appeal of the Court’s decision in the…more

Appeals, Delaware Limited Liability Company Act, Interlocutory Appeals, Limited Liability Company (LLC), Operating Agreements

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk

There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former'…more

Business Assets, Confidential Information, Former Employee, Intellectual Property Protection, Risk Mitigation

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California's Updated Proposition 65 Regulations New Short-Form Warnings and More

Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June…more

California, Cancer, Consumer Product Companies, Food Safety, Manufacturers

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COVID-19: Shareholders Meetings in Italian Joint Stock Companies held through Means of Telecommunications do not Require Physical Presence of Chairman and Secretary in the Same Location

In a commendable effort to swiftly provide interpretation guidelines applying in a state of emergency, the governing body of Milanese notaries (“Consiglio Notarile di Milano”), has issued a new guideline on corporate matters…more

Coronavirus/COVID-19, Infectious Diseases, Shareholder Meetings, Virtual Meetings

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Seven Years in the Making: The SEC Finally Adopts Final Clawback Rules

Overview - On Wednesday, 26 October 2022, the U.S. Securities and Exchange Commission (the SEC), in a 3-2 vote, adopted final rules directing listing exchanges to require listed companies to establish, disclose, and enforce…more

Clawbacks, Executive Compensation, Reporting Requirements, Securities and Exchange Commission (SEC)

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COVID-19: Analysis of Federal Reserve “Main Street” Liquidity Program

On April 9, 2020, the Federal Reserve Bank announced preliminary details of two new loan facilities of up to $600 billion dollars, offered as part of the Coronavirus Aid, Relief, and Economic Security Act, or “CARES Act.”…more

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

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EPA Draws Near to Issuing New Regulations on Commercial Vessel Incidental Discharges

The Biden Administration has set a new path to implementing requirements for compliance with the Vessel Incidental Discharge Act (VIDA). The Office of Management and Budget is currently reviewing a new Supplemental Notice…more

Discharge of Pollutants, Environmental Protection Agency (EPA), Maritime Transport, Vessels

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DOJ Announces Major Changes to Corporate Criminal Enforcement Policies

In a keynote address to the American Bar Association’s 2021 National Institute on White Collar Crime, Deputy Attorney General (DAG) Lisa O. Monaco outlined major changes to the U.S. Department of Justice’s (DOJ) priorities for…more

Compliance, Corporate Misconduct, Corruption, Department of Justice (DOJ), Enforcement Actions

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Federal Maritime Commission Seeking Comment on New Rulemaking Regarding Prohibition Against Ocean Common Carrier Refusal to Negotiate on Vessel Space Accommodations

In response to supply chain disruptions caused by the COVID-19 pandemic, on 16 June 2022, the U.S. Congress enacted the Ocean Shipping Reform Act of 2022 (OSRA) to increase the authority of the Federal Maritime Commission (FMC)…more

Common Carriers, Federal Maritime Commission, Maritime Transport, Shipping, Vessels

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Privacy Regulations Are Built on Hope - A Deep Dive Into India’s Digital Personal Data Protection Act

In this episode, our privacy lawyers, Claude-Étienne Armingaud, Whitney McCollum, and Camille Scarparo, sit down with Arya Tripathy, a partner at Priti Suri & Associates in New Dehli, and discuss together India’s newly published…more

Cybersecurity, Data Protection, EU, EU Data Protection Laws, General Data Protection Regulation (GDPR)

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Ensuring Continuity of Care Following a Cyberattack: ARPA-H Launches Project to Enhance Cybersecurity Tools for Health Care Organizations

In this episode, Rebecca Schaefer and Martin Folliard discuss cybersecurity threats faced by health care organizations and a new federal research agency initiative to help create security tools to protect the US health care…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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COVID-19: Measures Under the Economic Stabilization Fund Act and the Law on the BayernFonds to Mitigate the Economic Consequences of the COVID-19 Pandemic

In order to mitigate the serious consequences of the COVID-19 pandemic for the entire real economy, which are already becoming apparent, the German Parliament (Bundestag) decided on 25 March 2020 to set up an Economic…more

Coronavirus/COVID-19, Germany, Relief Measures

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EPA Announces 10 Chemicals to Be Evaluated for Risks to Human Health and the Environment

This client alert is the fifth in a series that discusses the significant changes instituted by the passage of a new federal Toxic Substances Control Act. The first alert addressed broadly the law’s myriad of changes and the…more

Chemicals, Environmental Protection Agency (EPA), Lautenberg Act, Manufacturers, Toxic Chemicals

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Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term…more

Class Action, Cosmetics, Dispute Resolution, Marketing, Motion to Dismiss

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Prepared for the Border Adjustment Tax? A U.S. and Global Perspective

K&L Gates' Global Tax Group has been monitoring the potential impact of the Border Adjustment Tax (BAT) across a number of jurisdictions. In our 14 February 2017 update, we commented that issues regarding the legality of…more

Border Adjustment Taxes, Border Tax, Corporate Taxes, Double Taxation, GATT

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The Enforcement of Abuse of Economic Dependence in the EU

INTRODUCTION - Behaviors such as excessive pricing and refusal to supply are often well understood to create potential issues if the company is dominant. However, under the national laws of some EU member states, such conduct…more

Belgium, Competition, EU, France, Germany

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11th Amendment to the German Competition Act (GWB): New Powers of Intervention for the Bundeskartellamt Creating New Challenges for Companies

A Reform to Strengthen Competition - After publication on 6 November 2023, the long awaited latest reform of German competition law has finally entered into force. Germany’s Vice Chancellor and Federal Minister for Economic…more

Antitrust Provisions, Competition, Digital Marketplace, EU, Germany

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Is a Lender "Worthy" of Direct Payment on Accounts Receivable Owing to Its Debtor? The New York Court of Appeals Settles This Question.

A recent New York Court of Appeals case, Worthy Lending LLC v. New Style Contractors, Inc., highlights the importance of maintaining best practices in transactions where the lender takes a security interest in the borrower’s…more

Best Practices, Borrowers, Debtors, Financial Services Industry, Lenders

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Beware Where to Sue: The Exclusive Forum May Catch You Again and Again

Highest German Court Orders U.S. Party to Reimburse Its Contractual Partner’s Legal Fees for Having Brought an Action in U.S. Court - Choosing the right forum is one of the most difficult tasks in cross-border business and…more

Dispute Resolution, Germany, International Litigation, Jurisdiction

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SEC Finalizes Expanded Proxy Voting Reporting and New Say-On-Pay Reporting Requirements

On 2 November 2022, by a vote of 3-2 (with Commissioners Hester Peirce and Mark Uyeda objecting), the Securities and Exchange Commission (SEC) adopted, substantially as proposed in September 2021, final form and rule amendments…more

Corporate Counsel, Corporate Governance, Investment Management, Proxy Voting, Proxy Voting Guidelines

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2024 Tax and Estate Planning Opportunities

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Inheritance Tax

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Health Care Triage: Rural Emergency Hospitals — Transformative Change or Limited Impact?

In this episode of Triage, Andrew Ruskin, Darlene Davis, and Gabriel Scott discuss key provisions associated with conversion to CMS’s new rural emergency hospital provider type. They review the purpose of the new provider type,…more

Centers for Medicare & Medicaid Services (CMS), Critical Access Hospitals, Hospitals, Medicare, Outpatient Services

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Commercial Leases - First Semester 2023 Case Laws Digest

Commercial lease law is constantly evolving, with court rulings providing particularly interesting insights into the negotiation and management of commercial leases. Our selection of some of the High Court’s major decisions…more

Commercial Leases, Commercial Property Owners, French Commercial Code, Lessee, Rental Property

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The Hydrogen Handbook - Japan

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

Clean Energy, Electric Vehicles, Electricity, Energy Projects, Energy Sector

See all updates »

ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

See all updates »

FDA Issues Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors

In this episode, Alexa Sengupta and Cindy Ortega Ramos analyze the FDA’s latest guidance on informed consent regulations for clinical investigations. They discuss the basic elements of the consent form, documentation…more

Clinical Trials, Documentation, Food and Drug Administration (FDA), Informed Consent, Investigations

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ESG–Australia – Consultation Material for the 5th Edition of the Corporate Governance Council Principles and Recommendations Released

Overview - The Australian Securities Exchange (ASX) Corporate Governance Council (Council) has recently released its consultation materials for the proposed 5th Edition of the Corporate Governance Council Principles and…more

Annual Reports, Australia, Australian Securities Exchange (ASX), CEOs, CFOs

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Anche la start-up innovativa può essere soggetta a fallimento

Nel novero delle molteplici norme e misure di favore previste per le start-up innovative dal nostro ordinamento, la non assoggettabilità di quest’ultime al fallimento sancita dall’articolo 31 del Decreto Legge 18 ottobre 2012,…more

Business Development, Commercial Bankruptcy, Corporate Governance, Debt, Innovation

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Supreme Court Restricts Where Plaintiffs Can Sue for Patent Infringement

For almost thirty years, patent owners sued corporate defendants for patent infringement in any federal judicial district in which that corporation was subject to the court’s personal jurisdiction. When corporate defendants…more

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

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COVID-19: North Carolina Executive Order 121 - Stay At Home Order and Strategic Directions for North Carolina - The Impact on Your Business

On March 27, 2020, North Carolina Governor Roy Cooper issued a mandatory emergency executive order (the “Executive Order”) in response to the increasing number of COVID-19 cases in North Carolina. The Executive Order requires…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Litigation Minute: Pixel Tools and Personal Financial Information (Pixel Tool Litigation Series: Part Three of Four)

What You Need to Know in a Minute or Less - Media reports, as well as a recent report prepared by various US senators and representatives, have focused attention on the use of pixel tools on the websites of major tax filing…more

Data Collection, Data Privacy, Personally Identifiable Information, Private Commercial or Financial Information, Web Tracking

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The Law Commission Review of the Arbitration Act 1996

Introduction - The Law Commission of England and Wales has published a Consultation Paper (the Paper) setting out its provisional proposals to update the Arbitration Act 1996 (the Act), applicable to arbitrations seated in…more

Arbitration, Arbitrators, International Arbitration, UK

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SEC Solicits Comments on Whether Index Providers, Model Portfolio Providers, and Pricing Services Are Investment Advisors: Seeking a Problem for a "Solution"

Introduction - On 15 June 2022, the Securities and Exchange Commission (SEC) issued a “Request for Comment on Certain Information Providers Acting as Investment Advisers” (Request)…more

Asset Management, Broker-Dealer, Fiduciary Duty, Investment Adviser, Investment Company Act of 1940

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COVID-19: Distressed M&A in the Era of a Pandemic -- Part 2, Déjà Vu All Over Again?

INTRODUCTION - Part 1 of this Distressed M&A series addressed the unique aspects of acquiring distressed companies (as compared to financially healthy companies). So, are the distressed M&A aspects of this COVID-19 era distinct…more

Coronavirus/COVID-19

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Amendments to the Qatar Commercial Companies Law

The Qatar Commercial Companies Law Number 11 of 2015 (the Companies Law) has recently been amended by Law Number 8 of 2021 (the Amending Law). The Amending Law introduces significant changes to the Companies Law, enhancing the…more

Corporate Governance, Qatar

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Guide: How to Enforce Intellectual Property Rights in China

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright,…more

China, Copyright, Copyright Infringement, Intellectual Property Protection, Patents

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June 2024 ESG Policy Update—Australia

Australian Update - Australia and EU Enter Into Critical and Strategic Minerals Partnership - On 28 May 2024, Australia and the European Union (EU) signed a Memorandum of Understanding (MOU) for a bilateral partnership to…more

Amended Regulation, Australia, Climate Change, Environmental Policies, Environmental Social & Governance (ESG)

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QPAM Exemption Amendment—Key Takeaways and Action Steps for Advisors and Other Stakeholders

Executive Summary - Many investment advisers and other financial institutions rely on the Department of Labor’s QPAM Exemption when providing services to, and transacting with, employer-sponsored retirement plans, individual…more

Benefit Plan Sponsors, Compensation & Benefits, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Dialing for Dollars: US Department of Justice Announces New Whistleblower Pilot Program

On 7 March 2024, the US Department of Justice (DOJ) announced that it is launching a new whistleblower pilot program designed to reward individuals who report acts of significant corporate misconduct or financial wrongdoing (DOJ…more

CFTC, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs

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2024 Tax and Estate Planning Opportunities

A New Year is upon us, it is an election year, and a rollback of the federal estate, gift, and generation-skipping transfer taxes is scheduled for the not too distant future. State and federal estate and gift taxes are an…more

Estate Planning, Generation-Skipping Transfer, Gift Tax, Gift-Tax Exemption, Inheritance Tax

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Severe Winter Storm In Texas: Insurance Coverage Considerations

The winter storm that ravaged Texas this week has caused considerable damage and suffering, and it is predicted by some that it will to lead to the largest number of insurance claims resulting from a single event. For a state…more

Business Interruption, Business Losses, Insurance Claims, Insurance Industry, Natural Disasters

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COVID-19: Child Access in the Midst of the COVID-19 Pandemic: The Singapore Situation

On April 3, 2020, the Singapore government announced a series of new measures to combat the COVID-19 pandemic. This included a “Circuit Breaker” period from April 7 to May 4, 2020, to restrict movement and to promote social…more

Child Visitation, Coronavirus/COVID-19, Custody Agreements, Singapore

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Washington, D.C.'s Office of the Deputy Mayor for Planning and Economic Development Proposes Rules to Implement Downtown Real Property Tax Abatement Legislation

On 26 January 2024, Washington, D.C.’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) published a Notice of Proposed Rulemaking to implement tax abatements to be made available to developers of…more

Commercial Property Owners, Community Development, Economic Development, Housing Developers, NPRM

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Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Agricultural Sector, Airlines, Carbon Capture and Sequestration, Carbon Emissions, CFTC

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New Government Guidance and UK High Court Seeks to Settle Disarray in UK Sanctions Law

In October, the Court of Appeal suggested all companies operating in Russia could be considered to be sanctioned under UK law because they are potentially controlled by President Putin. This caused understandable alarm to…more

Compliance, Corporate Counsel, Economic Sanctions, Office of Financial Sanctions Implementation (OFSI), Russia

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Health Care Triage: Health Care Transactions Trends in 2021 and Beyond

In this week’s episode, Josh Skora interviews Rick Giovannelli and Ken Marlow about current trends in health care transactions, with a particular focus on how COVID-19 has affected pricing considerations and the appetite for…more

Acquisitions, Buyers, Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities

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2014 Amendments Affecting Delaware Alternative Entities and the Contractual Statute of Limitations

On August 1, 2014, amendments to Delaware’s alternative business entity statutes, as well as the statute of limitations applicable to Delaware contracts, became effective. These amendments (the “2014 Amendments”) represent a…more

Breach of Contract, Contract Formation, Delaware General Corporation Law, Delaware Limited Liability Company Act, Statute of Limitations

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Modernization of Evidence Rules in the New Belgian Civil Code

The approval of Book 8 of the new Belgian Civil Code introduces new rules on evidence. The aim is to clarify and modernize the current rules, as well as to make them more flexible. We have summarized the most important changes…more

Belgium, Civil Code, Evidence, Modernization

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FRB, FDIC Deliver Reports and Take Some Blame on Silicon Valley Bank and Signature Bank Failures; More Regulation Ahead

On Friday 28 April 2023, the Board of Governors of the Federal Reserve System (the FRB) and the Federal Deposit Insurance Corporation (the FDIC) each released a report regarding a recent bank failure. The FRB report covered…more

Asset Management, Banking Sector, Corporate Counsel, FDIC, Federal Reserve

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Eye of the Phoenix

What is illegal phoenix activity and why is it a problem? Recent studies have shown that illegal phoenix activity is rife. It has resulted in direct costs to businesses, employees and the Government of $2.85 billion to $5.13…more

ASIC, Australia, Liquidation, The Corporations Act

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The Essentials - California Employment Law Update

Over the last few months, several important developments have come into effect. Notably, the injunction on the California Consumer Privacy Act (CCPA) makes enforcement take effect in March of 2024, giving employers more time to…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), City of Los Angeles, Compliance, Employees

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United States Eases Sanctions on Venezuela

The United States eased certain economic sanctions against Venezuela on 18 October 2023 in response to the signing of an electoral roadmap agreement between the Maduro regime and Venezuela’s Unitary Platform. Under this…more

Economic Sanctions, Office of Foreign Assets Control (OFAC), Oil & Gas, U.S. Treasury, Venezuela

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Australian Corporate Insolvency Reform: the PJC's Report Is in, So What Can We Expect Next?

After a 10-month inquiry process, on 12 July 2023 the Parliamentary Joint Committee on Corporations and Financial Services (PJC) delivered its final report on the effectiveness of Australia’s corporate insolvency laws. In this…more

Australia, Corporate Restructuring, Debt Restructuring, Financial Services Industry, Insolvency

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COVID-19: UK Public Sector Construction - Cabinet Office publishes FAQs regarding PPN02/20

Further to our recent blog post “COVID-19: UK Public Sector Construction - cash flow relief for suppliers” on 31 March 2020, in which we set out guidance on the Government’s Procurement Policy Note - Supplier relief due to…more

Construction Contracts, Construction Industry, Construction Project, Procurement Guidelines, UK

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The SEC Fines Stand-Alone Adviser for Off-Channel Communications

Overview - On 3 April 2024, the US Securities and Exchange Commission (the SEC) announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain…more

Asset Management, Compliance, Data Preservation, Electronic Communications, Email

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COVID-19: Government Extends Moratorium on Commercial Leases until March 2022

SUMMARY - The commercial rent moratorium was due to come to an end on 30 June 2021 - Many businesses, particularly travel and hospitality are still struggling to operate, and with the extension of the lockdown period also now…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Carbon Quarterly – Special Edition

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and…more

Carbon Emissions, Clean Energy, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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Cleared to Land: Aviation Newsletter

Happy new year and welcome to our latest edition of K&L Gates’ Cleared to Land published jointly by our Aviation and Banking & Asset Finance practice groups to keep you updated on significant developments and issues relating to…more

Airports, Airspace, Aviation Industry, Investors, Letters of Intent

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Will the Federal e-Discovery Rules Change Again? A report on the proposed changes to the Federal Rules of Civil Procedure.

Proposed amendments to the Federal Rules of Civil Procedure have been published for public comment. The proposed amendments would affect rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84 and the Appendix of Forms…more

Federal Rules of Civil Procedure, Proposed Amendments

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In the Weeds: Why Arbitration May Be the Key to Preserving Enforcement of Cannabis M&A and VC Contracts

As 2022 hits, new markets continue to beckon for the cannabis industry, with New York, New Jersey, and Virginia all set to open business for recreational marijuana sales in the next 18-24 months…more

Acquisitions, Arbitration, Cannabis-Related Businesses (CRBs), Contract Disputes, Contract Terms

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Frequently Asked Questions About the California Consumer Privacy Act of 2018 (CCPA)

Following are answers to common questions our clients have asked since CCPA was enacted. Please check back for new and updated FAQs in the coming months…more

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

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Annual Reports Coming to Pennsylvania and Other Updates to the Pennsylvania Associations Code: Part 4—Ratifying Defective Actions

On 3 November 2022, Governor Wolf signed House Bill 2057 into law as Act 122. The act made numerous amendments to Title 15 of the Pennsylvania Consolidated Statutes, also known as the “Associations Code” (the Title 15 Update)…more

Annual Reports, Corporate Governance, Pennsylvania, Reporting Requirements

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Pen Register and Trap and Trace Claims: The Latest Wave of CIPA Litigation

A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices…more

California, CIPA, Class Action, Data Collection, Electronic Monitoring

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Recent Trends in Generative Artificial Intelligence Litigation in the United States

Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US…more

Artificial Intelligence, Class Action, Copyright, Copyright Infringement, Copyright Litigation

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A Last Minute, Temporary Reprieve for Chicago Employers: Chicago Amends Paid Sick Leave Ordinance

With the 31 December 2023 effective date for the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (Ordinance) rapidly approaching, the Chicago City Council passed an amendment on 14 December 2023 (Amendment), which…more

City of Chicago, Employees, Employer Responsibilities, Employment Policies, Illinois

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The De Minimis Standard Sleeps with the (Tuna) Fish: The En Banc Ninth Circuit Rejects a Per Se Prohibition on the Certification of Classes with Uninjured Class Members

On first glance, one might think that packaged tuna, price-fixing conspiracies, and uninjured class members have little in common. A closer look at the recent Ninth Circuit odyssey of Olean Wholesale Grocery Cooperative, Inc. v…more

Class Action, Class Certification, De Minimus Doctrine, Price-Fixing, Uninjured Class Members

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LNG by Rail Rule Suspension

The US Department of Transportation (USDOT) is suspending a rule that allows liquefied natural gas (LNG) to be transported by rail in specialized tank cars, starting 31 October 2023. This final rule overturns a Trump-era rule…more

Department of Transportation (DOT), Federal Railroad Administration, Hazardous Substances, Liquid Natural Gas, Oil & Gas

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Litigation Minute: The Lifecycle of Beauty Packaging (Beauty and Wellness Series: Part Three of Three)

What You Need To Know In A Minute Or Less - For both consumers and producers, the recent seismic shifts in packaging—from materials to circularity advertising—have been hard to miss. The past few years have introduced several…more

Brand, Consumer Product Companies, Federal Trade Commission (FTC), Green Guides, Manufacturers

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Real Estate Beneficial Ownership Regulatory Alert: Complying with Foreign Ownership Reporting Requirements in US Real Estate

The rise of foreign investment in the United States has renewed concern about tracking foreign inbound investment, as demonstrated by the passage of the Corporate Transparency Act and the expansion of CFIUS's purview with…more

Acquisitions, Agribusiness, Agricultural Land, Agricultural Sector, Beneficial Owner

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Real Estate Beneficial Ownership Regulatory Alert: Florida Restricts Real Estate Ownership by Individuals and Entities From "Countries of Concern"

SUMMARY - On 17 August, a Florida judged denied a bid by four Chinese citizens and a real estate brokerage firm for summary judgment to block enforcement of Senate Bill 264. Effective 1 July 2023, Senate Bill 264 (codified under…more

Agricultural Land, Beneficial Owner, Florida, Foreign Ownership, Property Owners

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DEA Temporarily Extends COVID-19 Flexibilities for Controlled Substance Prescriptions via Telemedicine While Evaluating Permanent Rule Changes

Executive Summary - The Drug Enforcement Administration (DEA) issued a temporary rule (Temporary Rule), effective 11 May 2023, extending flexibilities regarding the prescribing of controlled substances via telemedicine that have…more

Controlled Substances, Coronavirus/COVID-19, DEA, Health Care Providers, Prescription Drugs

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Washington's Capital Gains Tax Upheld

On Friday, 24 March 2023, the Washington Supreme Court upheld the state’s capital gains tax (the WA CGT) in a 7–2 decision, bringing an end to months of uncertainty as a suit to challenge the new tax worked its way through the…more

Capital Gains, Capital Gains Tax, Corporate Taxes, Excise Tax

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WA Regulation of Performance Security in Contracts

All participants in the construction industry should be aware of legislative provisions that apply to performance security in more recent construction contracts for projects in Western Australia. The changes create new…more

Australia, Construction Contracts, Construction Industry, Construction Project, Notice Requirements

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Looking Ahead: President Trump's Potential Second Term Policy Agenda

With the 2020 presidential election underway, now is the time for businesses and organizations to consider the potential impacts of the next presidential administration’s policies and priorities. In the first installment of the…more

Coronavirus/COVID-19, Donald Trump, Financial Services Industry, Infrastructure, Political Campaigns

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COVID-19: Revenue Procedure 2021-53

Updated from May 2020 - As the economy continues to grapple with the continuing effects of the coronavirus (COVID-19) pandemic, companies are increasingly facing liquidity issues. Among those affected are real estate investment…more

Corporate Taxes, IRS, REIT, RICs

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Certified Question: Will West Virginia Take Another Bite At the Tawney Apple?

Post-production deductions are a hot topic in the Appalachian Basin. If you practice or operate in West Virginia, you know that the last 20 years have seen West Virginia forge its own path and deviate from the majority of…more

Energy Sector, Natural Resources, Oil & Gas, Royalties

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COVID-19: Buying and Selling PPP Borrowers

INTRODUCTION - More than 4.5 million U.S. businesses have received loans through the Paycheck Protection Program (PPP), which was created under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). PPP loans…more

Borrowers, CARES Act, Loan Forgiveness, Loans, Paycheck Protection Program (PPP)

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FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality…more

Clean Water Act, Energy Projects, Energy Sector, Environmental Protection Agency (EPA), FERC

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Washington State Legislature Passes Pay Equity and “Me Too” Legislation

The 2017–2018 Washington State legislature passed, and the governor signed, numerous bills that affect employers. Foremost among them is new legislation addressing “Me Too” concerns and gender pay equity, which is the focus of…more

#MeToo, Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination

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Perrigo Co. v. AbbVie Inc. - Third Circuit Holds Mutual Release Bars Generic Drug Company's Antitrust Claim

On 21 July 2022, the Third Circuit in Perrigo Co. v. AbbVie Inc. affirmed the district court’s judgment that the mutual release in the settlement agreement between the parties from an earlier patent infringement and Hatch-Waxman…more

Antitrust Litigation, Antitrust Provisions, Generic Drugs, Hatch-Waxman, Patent Infringement

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Annual Reports Coming to Pennsylvania and Other Updates to the Pennsylvania Associations Code: Part 4—Ratifying Defective Actions

On 3 November 2022, Governor Wolf signed House Bill 2057 into law as Act 122. The act made numerous amendments to Title 15 of the Pennsylvania Consolidated Statutes, also known as the “Associations Code” (the Title 15 Update)…more

Annual Reports, Corporate Governance, Pennsylvania, Reporting Requirements

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Litigation Minute: State Statutes and the Private Right of Action (Generative AI Series: Part Two of Three)

What You Need To Know In A Minute Or Less - Class action litigation challenging generative artificial intelligence (AI) has rapidly become a familiar feature of the legal landscape. While early, headline-grabbing complaints were…more

Artificial Intelligence, Class Action, Consumer Privacy Rights, Disclosure Requirements, Enforcement Authority

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EPA Draws Near to Issuing New Regulations on Commercial Vessel Incidental Discharges

The Biden Administration has set a new path to implementing requirements for compliance with the Vessel Incidental Discharge Act (VIDA). The Office of Management and Budget is currently reviewing a new Supplemental Notice…more

Discharge of Pollutants, Environmental Protection Agency (EPA), Maritime Transport, Vessels

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A Fund By Any Other Name: SEC Proposes Names Rule Amendments

I. SUMMARY - On 25 May 2022, the U.S. Securities and Exchange Commission (the SEC) proposed amendments (the Proposed Amendments) to Rule 35d-1 (the Names Rule) under the Investment Company Act of 1940, as amended in its release…more

Disclosure Requirements, Environmental Social & Governance (ESG), Investment Company Act of 1940, Investment Funds, Investment Management

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New USPTO Guidelines on AI-Assisted Inventions Leave Many Questions Unanswered

The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. PTO-P-2023-0043]. Despite its name, the document provides little in the way of certainty…more

Artificial Intelligence, Computer-Related Inventions, Intellectual Property Protection, Inventions, Inventors

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Chancery Court Clarifies MFW Protections Must be Implemented Prior to Any Substantive Economic Negotiations

In In re HomeFed Corporation Stockholder Litigation, C.A. No. 2019-0592-AGB (Del. Ch. July 13, 2020), the Delaware Court of Chancery (the “Court”) found that the controlling stockholder of HomeFed Corporation undertook…more

MFW, Shareholders, Substantive Economic Negotiations

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Antitrust and AI: US Antitrust Regulators Increasingly Focused on the Potential Anticompetitive Effects of AI

Companies in various industries are increasingly incorporating Artificial Intelligence (AI) into critical aspects of their businesses, and for good reason, as AI has the potential to confer many substantial benefits: It can help…more

Anti-Competitive, Antitrust Provisions, Artificial Intelligence, Compliance, Corporate Counsel

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The Dubai Court of Cassation Raises Questions Over an Arbitral Tribunal's Power to Award Legal Costs

The Dubai Court of Cassation (DCC) recently upheld the Dubai Court of Appeal’s partial annulment of an International Chamber of Commerce (ICC) arbitration award, quashing the arbitral tribunal’s award of legal costs. One aspect…more

Arbitration, Arbitration Agreements, Court of Cassation, Dubai, International Arbitration

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Judge Dismisses FTC Case Against Welsh Carson but Enforcement Focus on Private Equity in Health Care Continues

On 13 May, a federal district court judge dismissed the Federal Trade Commission’s (FTC) antitrust case against private equity firm Welsh, Carson, Anderson & Stowe and affiliated entities (Welsh Carson). This matter has been…more

Anticompetitive Behavior, Antitrust Litigation, Antitrust Violations, Federal Trade Commission (FTC), Mergers

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Impacts of a Government Shutdown: Executive and Congressional Meetings

Introduction - Current federal funding expires this Saturday. As we approach the deadline, it is looking less likely that Congress will pass a continuing resolution, a short-term stopgap measure that continues appropriations, to…more

Federal Budget, Federal Funding, Government Shutdown

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California Voters Approve (Another) Overhaul of California Consumer Privacy Laws: Meet the California Privacy Rights Act

For the second time in two years, California is preparing to revolutionize its consumer privacy law framework. California voters overwhelmingly voted in favor of Proposition 24, the California Privacy Rights Act (CPRA), in the 3…more

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

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Maui Wildfires - Coverage Considerations and What Business Policyholders Need to Know

The Maui wildfires are now the deadliest—and certainly among the most destructive—in modern US history, already outpacing the loss of life and impact on critical wildlife habitat/species of the 2018 Camp fire in California…more

Business Interruption, Commercial Insurance Policies, Insurance Claims, Insurance Industry, Natural Disasters

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EPA Finalizes Section 401 Water Quality Certification Improvement Rule

On 14 September 2023, the US Environmental Protection Agency (EPA) announced the release of the final Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule (the Rule). The Rule restores regulatory…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Water Quality

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ESG – Recent Developments in Global Sustainable Finance

Introduction - With an intense focus on sustainability by governments, companies, investors and financial intermediaries, environmental, social and governance (“ESG”) principles are more important than ever…more

Corporate Governance, Environmental Social & Governance (ESG), Financial Services Industry, Green Finance, Loans

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Inaugural National Defense Industrial Strategy Emphasizes Cooperation Among Partner-Allies

In January, the Department of Defense (DoD) released its inaugural National Defense Industrial Strategy (NDIS), which seeks to “catalyze generational change” to the existing defense industrial ecosystem. This “first-of-its-kind”…more

Defense Sector, Department of Defense (DOD), Government Agencies, Industrial Sector, Manufacturers

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Treasury Consultation Paper – Another Step Towards Crowd-Sourced Equity Funding

On 4 August 2015, the Treasury of the Australian Government released a consultation paper, facilitating crowd-sourced equity funding and reducing compliance costs (Consultation Paper). This follows the previous discussion paper…more

ASIC, Compliance, Crowdfunding, Disclosure Requirements, Equity Financing

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OCC Proposes Changes to Merger Review Process

Introduction - On 29 January 2024, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking (NPR) regarding its review of Bank Merger Act (BMA) applications. The NPR was released immediately…more

Banking Sector, Department of Justice (DOJ), FDIC, Federal Trade Commission (FTC), Financial Services Industry

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Strengthening National Security in Investments: Exploring the Implications of the Significant Investments Review Bill

On 9 January 2024, the Parliament of Singapore passed the Significant Investments Review Bill (SIRB). The SIRB aims to enhance national security by introducing measures to screen investments, both local and foreign, in entities…more

Business Entities, Foreign Investment, Foreign Ownership, Investment, National Security

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Investing in India? Take a Look at the Amended India-Mauritius Tax Treaty Before You Do

On May 10, 2016, India and Mauritius signed a protocol amending the India-Mauritius double income tax treaty that would, among other things, permit India to tax a Mauritian resident on capital gains arising from the sale of…more

Double Taxation, Equity Investors, Foreign Investment, India

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After Important Cyber Insurance Victory for Policyholders, Focus Turns to Insurers' Proposed Changes to War Exclusions

A recent appellate court decision could help policyholders secure insurance coverage for losses arising out of state-sponsored cyberattacks. In Merck & Co., Inc. v. ACE American Ins. Co., the Superior Court of New Jersey…more

Corporate Counsel, Cyber Attacks, Cyber Insurance, Insurance Claims, Insurance Industry

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UK Company Restructuring Plans: What Is Next After Adler?

The England and Wales Court of Appeal recently handed down its first judgment relating to a restructuring plan under Part 26A of the UK Companies Act 2006: Re AGPS Bondco Plc [2024] EWCA Civ 24. Restructuring plans were a 2020…more

Corporate Restructuring, Cramdown, Creditors, Debt Restructuring, Equity

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PEOs–The European Perspective

Professional employer organizations (PEOs) are third-party organizations engaged by companies, usually domiciled in one country, to directly employ individuals based in another country. Such arrangements are being increasingly…more

Employment Contract, EU, Professional Employer Organization, Staffing Agencies, UK

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Tooey Analysis Extended to Occupational Disease Act

In Herold v. University of Pittsburgh, the Pennsylvania Commonwealth Court affirmed a Court of Common Pleas of Allegheny County decision, holding that: (1) common law claims for occupational diseases occurring four years after…more

Latent Occupational Diseases, Occupational Exposure, Pennsylvania, Workers' Compensation Claim, Workplace Hazards

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Singapore's New Civil Justice Regime: Seven Likely Changes of Note and What They Mean in Practical Terms

A variety of reforms (draft amendments) have been proposed to Singapore’s Rules of Court (Rules), the procedural rules applicable to all litigants in Singapore. The draft amendments aim to enhance the efficiency of resolving…more

Arbitration, Dispute Resolution, Singapore

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The Corporate Transparency Act: Through a Family Office Lens

The Corporate Transparency Act (CTA) is going into effect on 1 January 2024 and will mandate the disclosure of certain information related to beneficial owners and controllers of most US domestic entities and certain non-US…more

Asset Management, Beneficial Owner, Corporate Transparency Act, Family Limited Partnerships, FinCEN

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Washington's Capital Gains Tax Upheld

On Friday, 24 March 2023, the Washington Supreme Court upheld the state’s capital gains tax (the WA CGT) in a 7–2 decision, bringing an end to months of uncertainty as a suit to challenge the new tax worked its way through the…more

Capital Gains, Capital Gains Tax, Corporate Taxes, Excise Tax

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UK Shale Gas - Going all out for Shale

As part of a package of measures to kick-start the shale gas industry in the UK, the UK government issued a joint Written Statement by DECC and DCLG on 16 September 2015 containing a new shale gas and oil policy. This policy has…more

DECC, Earthquakes, Energy Sector, Groundwater Management Plan, Mineral Exploration

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Litigation Minute: Representations and Warranties in Mergers & Acquisitions: Safety Net or Snare? (Deal Litigation Series: Part One of Four)

What You Need To Know In a Minute or Less - 2021 was an unprecedented year for mergers and acquisitions (M&A), with both the number of transactions and the dollar value of those deals hitting all-time highs…more

Acquisitions, Due Diligence, Mergers, Risk Mitigation, Warranties

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Cleared for Landing: Aviation Newsletter

Cleared for Landing highlights significant developments and issues relating to aviation law and asset finance globally and is published jointly by our Aviation Industry and Banking & Asset Finance practice groups. This issue…more

Aircraft, Aircraft Financing, Airports, Airspace, Aviation Industry

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FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality…more

Clean Water Act, Energy Projects, Energy Sector, Environmental Protection Agency (EPA), FERC

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FERC Issues Landmark Transmission Planning Rule, Order No.1920: Final Rule Modifies the Proposed Rule, Drawing 2-1 Vote

For the first time in more than a decade, the Federal Energy Regulatory Commission (FERC or the Commission) issued what undoubtedly will be considered a landmark order that promises to fundamentally alter US regional…more

Electricity, Energy Sector, FERC, Transmission Planning, Utilities Sector

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The Hydrogen Handbook - United States

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive…more

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

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New York Bill Proposes to Subject Certain Health Care Transactions to Regulatory Approval by the State

Important Takeaways Article 45-A aims to regulate large physician's practices managed by entities that are investor-backed. The proposed legislation would authorize the New York Department of Health (DOH) to review and approve…more

Health Care Providers, New York, Physicians, Regulatory Oversight

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Brand Protection in China

Important new amendments to the Trademark Law and The Implementing Regulations of Trademark Law of the People’s Republic of China came into effect on May 1, 2014, as mentioned in our earlier publication China Adopts First…more

Amended Regulation, Brand, China, Sound Marks, Trademarks

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A Last Minute, Temporary Reprieve for Chicago Employers: Chicago Amends Paid Sick Leave Ordinance

With the 31 December 2023 effective date for the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (Ordinance) rapidly approaching, the Chicago City Council passed an amendment on 14 December 2023 (Amendment), which…more

City of Chicago, Employees, Employer Responsibilities, Employment Policies, Illinois

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COVID-19: Stricter Rules on FDI Screening in Italy, in the Wake of the Health and Sanitary Emergency

Following recent guidelines imparted by the European Commission, the “Liquidity Decree” (Law Decree no. 23 of 8 April 2020) includes specific provisions to amend and supplement the so-called “Golden Power” legislation, with a…more

Asset Protection, Coronavirus/COVID-19, European Commission, Investment, Italy

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BLM Signals Federal Land is Open for Renewables

In May 2024, the Bureau of Land Management (BLM or the Agency) issued a final rule updating its renewable energy and right-of-way (ROW) policies. BLM is one of the largest landholders in the United States, with significant…more

Bureau of Land Management, Clean Energy, Energy Projects, Energy Sector, Federal Land

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Strengthening National Security in Investments: Exploring the Implications of the Significant Investments Review Bill

On 9 January 2024, the Parliament of Singapore passed the Significant Investments Review Bill (SIRB). The SIRB aims to enhance national security by introducing measures to screen investments, both local and foreign, in entities…more

Business Entities, Foreign Investment, Foreign Ownership, Investment, National Security

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Federal Agencies Have Placed a Heightened Priority on Whistleblowers and Speedy Cooperation

As new areas of the law emerge, driven in part by technology and the free flow of information, federal agencies are becoming more aggressive with a tried and true carrot-and-stick approach to law and regulatory enforcement. In…more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Government Agencies, Incentives

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"Right to Repair" Law Requires Manufacturers to Give Up the Fix in New York

To give consumers the ability to repair their own electronic devices, New York is leading the way in “Right to Repair” legislation with its Digital Fair Repair Act, N.Y. Gen. Bus. Law § 399-NN (2022). The Digital Fair Repair Act…more

Manufacturers, New York, OEM, Repairs, Right to Repair

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COVID-19: CFPB Narrows Servicers' Obligations in Final COVID-19 Mortgage Servicing Regulations

In the wake of the COVID-19 pandemic, the Consumer Financial Protection Bureau (CFPB) issued a series of proposed amendments to the federal servicing regulations designed to assist mortgage borrowers impacted by the pandemic and…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Mortgage Lenders, Mortgage Servicers

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Protection of Store Layout Under Copyright Law: the KIKO Case

The Italian Supreme Court decision on the KIKO case (Cass. 780/2020) is the most recent judgement made in the wake of the Cofemel decision (case C-683/17) and follows the UK IPEC decision in Response Clothing…more

Copyright, Italian Supreme Court

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Alabama Supreme Court's Ruling Regarding In Vitro Fertilization and Its Impact on Fertilization Treatment Services Locally and Nationally

On 16 February 2024, the Supreme Court of Alabama published its opinion, “Supreme Court of Alabama, SC-2022-0515,” regarding whether embryos located outside the biological uterus are considered unborn children pursuant to…more

AL Supreme Court, Alabama, Fertility Treatments, Health Care Providers, Human Embryos

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The SEC Fines Stand-Alone Adviser for Off-Channel Communications

Overview - On 3 April 2024, the US Securities and Exchange Commission (the SEC) announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain…more

Asset Management, Compliance, Data Preservation, Electronic Communications, Email

See all updates »

New Legislation Would Establish the First US National Comprehensive Privacy Law

On 7 April, US House Committee on Energy and Commerce (Energy and Commerce Committee) Chairwoman Cathy McMorris Rodgers (R-WA) and US Senate Committee on Commerce, Science, and Transportation (Commerce Committee) Chairwoman…more

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

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Independent Review of Franchising Code – Final Report Released

The Australian Government has now released the Final Report of the Independent Review of the Franchising Code of Conduct (Code) submitted by Dr Michael Schaper. The Report contains a number of significant findings and…more

Australia, Code of Conduct, Franchise Agreements, Franchises

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Clean Water Act Permits for Discharges to Groundwater: EPA Issues Guidance on County of Maui v. Hawaii Wildlife Fund

On 14 January 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court’s 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui)…more

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

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Good News for Global Fintechs: Proposed Amendment to Taiwan's Act Governing Electronic Payment Institutions Aims to Consolidate the Development of Electronic Money and Payment Industries and Streamline the Provision of Payments

Two separate legal regimes currently govern Taiwan’s payment institution and electronic money industries: On electronic money, the Act Governing Issuance of Electronic Stored Value Cards (電子票證發行管理條例), promulgated in January…more

Electronic Payment Transactions, Financial Services Industry, FinTech, Taiwan

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The Hong Kong Stock Exchange's Consultation: Conclusions on the Main Board Profit Requirement

On 20 May 2021, The Stock Exchange of Hong Kong Limited (the Exchange) published conclusions (Consultation Conclusions) to its consultation paper on 27 November 2020 (the Consultation Paper). The Consultation Paper relates to…more

Consultation Papers, Hong Kong, Hong Kong Stock Exchange, Listing Rules, Small and Medium-Sized Enterprises (SMEs)

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ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and…more

Carbon Emissions, Clean Energy, Corporate Governance, Corporate Social Responsibility, Energy Sector

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How Secure is Your Pennsylvania Real Property Tax Exemption?

In late January, County Executive Richard Fitzgerald announced that thousands of tax-exempt properties in the county will have their exemptions reviewed in 2013. According to Fitzgerald, each owner of tax-exempt property within…more

Property Tax, Tax Exemptions

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PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can…more

Bodily Injury, Contamination, Hazardous Substances, Health and Safety, Insurance Industry

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Perrigo Co. v. AbbVie Inc. - Third Circuit Holds Mutual Release Bars Generic Drug Company's Antitrust Claim

On 21 July 2022, the Third Circuit in Perrigo Co. v. AbbVie Inc. affirmed the district court’s judgment that the mutual release in the settlement agreement between the parties from an earlier patent infringement and Hatch-Waxman…more

Antitrust Litigation, Antitrust Provisions, Generic Drugs, Hatch-Waxman, Patent Infringement

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Supreme Court Limits Shareholder Suits based on "Pure Omissions" in Corporate Disclosures

On Friday, 12 April 2024, the United States Supreme Court unanimously ruled that a corporation’s failure to disclose certain information about its future business risks, without more, cannot form the basis of a private…more

Asset Management, Environmental Social & Governance (ESG), Investors, Oil & Gas, Publicly-Traded Companies

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Litigation Minute: The Generative AI Litigation Landscape (Generative AI Series: Part One of Three)

What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and tools…more

Art, Artificial Intelligence, Artists, Contract Terms, Copyright

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Supreme Court of Pennsylvania Hears Argument to Preclude Occupational Disease Claims Against Former Employers

On 10 April 2024, the Supreme Court of Pennsylvania heard argument in Herold v. Univ. of Pittsburgh, in which the Court is reviewing a 2023 Commonwealth Court decision holding that the exclusive remedy provision of the…more

Jurisdiction, Latent Occupational Diseases, Occupational Exposure, PA Supreme Court, Workers Compensation Act

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COVID-19: Applicability of Force Majeure Clauses in the United States

On March 11, 2020, the World Health Organization declared the novel coronavirus (COVID-19) a global pandemic. As of March 18, 2020, the United States had reported at least 5,881 cases of COVID-19, including 107 deaths…more

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

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Italian Supreme Court Tough Again on Formalities for Powers of Attorney

The Italian Supreme Court confirmed, yet again, the crucial importance of complying with certain Italian law formalities for the validity in Italy of a power of attorney granted and notarized abroad (the “PoA”). By decision no…more

Italy, Notarization, Power of Attorney

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New Due Diligence Needs for a Rapidly Expanding Risk Factor Landscape…and What Diligence Teams Can Do

Today, investors and their diligence teams face the new challenge of emerging socio-economic risk exposures. These risk factors are many, varied, and shifting… and are growing out of our divided cultural and business…more

Disclosure Requirements, Due Diligence, Investors, Shareholders

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COVID-19: Enforcement Trends in Latin America and Corporate Risk Mitigation in the Next Global Hotspot

As European, Asian, and North American governments continue to navigate how best to ease restrictions previously implemented to mitigate the effects of COVID-19, by many accounts the virus’s human and economic impact in Latin…more

Coronavirus/COVID-19, Latin America, Risk Mitigation

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Pennsylvania Superior Court Applies a Stricter Burden of Proof to Enforce "Browsewrap" Arbitration Clauses, Departing From Other Jurisdictions

On 19 July 2023, the Pennsylvania Superior Court established a set of requirements for companies that rely on “browsewrap” agreements in order to secure consumers’ consent to arbitration. In a departure from other courts that…more

Arbitration, Arbitration Agreements, Browsewrap Agreement, Dispute Resolution

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SEC Adopts Rule Changes To Promote Capital Investment And Harmonize Private Placement Framework

INTRODUCTION - On 2 November 2020, the U.S. Securities and Exchange Commission (SEC) adopted significant amendments to the exempt offering framework under the Securities Act of 1933, as amended (Securities Act), to harmonize,…more

Asset Management, Capital Investments, Capital Markets, General Solicitation, Investment

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US Department of Labor Announces Final Rule Increasing Salary Thresholds For Overtime Exemptions (Updated)

UPDATE: On 3 July 2024, the Northern District of Texas preliminarily enjoined the US Federal Trade Commission from implementing and enforcing its Final Rule banning non-competes against the US Chamber of Commerce, the Business…more

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

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USPTO Proposes Rulemaking to Implement Provisions of the Trademark Modernization Act of 2020

On 18 May 2021, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking concerning the Trademark Modernization Act of 2020 (TMA). The USPTO proposed to amend the rules to implement certain…more

Corporate Counsel, Trademark Modernization Act (TMA), Trademark Trial and Appeal Board, Trademarks, USPTO

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HUB Talks: Gateway to Privacy: In the Weeds with Colorado Privacy Act Regulations

Our Seattle partner Jake Bernstein, along with Seattle associate Eric Vicente Flores discuss the newly adopted Colorado Data Privacy Act that went into effect on 1 July 2023. This will be the third state privacy law in the US,…more

Colorado, Consumer Privacy Rights, Data Controller, Data Privacy, Data Processors

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Independent Review of Franchising Code – Final Report Released

The Australian Government has now released the Final Report of the Independent Review of the Franchising Code of Conduct (Code) submitted by Dr Michael Schaper. The Report contains a number of significant findings and…more

Australia, Code of Conduct, Franchise Agreements, Franchises

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Brussels Regulatory Brief: May 2024

Antitrust and Competition - The European Commission Approves Plan to Unwind a Completed Transaction in the Early Cancer Detection Sector - On 12 April 2024, the European Commission (Commission) approved the plan to unwind a…more

Digital Services, Economic Sanctions, Energy Sector, Environmental Social & Governance (ESG), EU

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Modernization of Luxembourg Fund Products: Enhancing the Investment Fund Toolbox

With the recent entry into force of the law of 21 July 2023 (the Modernization Law) on 28 July 2023, Luxembourg significantly modernizes its investment fund toolbox by introducing several amendments to existing laws governing…more

Asset Management, EU, Financial Markets, Financial Services Industry, Fund Managers

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Is Social Media Sharing of Sports Clips Copyright Infringement? Recent UK Judicial Clarification and International Implications

In our annual review last year “Sports Industry 2015: A Year of Unprecedented Landmark Change”, we predicted that the battle against media piracy would be a key area for rights holders in 2016, highlighting “social media…more

Copyright, Copyright Infringement, Digital Media, Mobile Apps, Online Videos

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Arbitration World - November 2021

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the…more

Arbitral Authority, Arbitration, Arbitration Agreements, Arbitration Awards, Dispute Resolution

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First Amendment of China's Anti-Monopoly Law – Key Takeaways

After two years of public consultation and two readings at the National People’s Congress, the first amendment to the Anti-Monopoly Law of the People’s Republic of China (PRC) has been promulgated under the spirit of…more

Anti-Monopoly, Business Operations, China, Competition, Merger Controls

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Connected or Automated Vehicles: The European Commission Presents its Strategy for Europe

On 30 November 2016 the European Commission (“Commission” or “EC”) presented its Communication on connected cars for Europe, under the more formal denomination “A European Strategy on Cooperative Intelligent Transport Systems…more

Article 29 Working Party (WP29), Automotive Industry, CNIL, Connected Cars, Data Protection Authority

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Timber Briefing: U.S. Lumber Prices Could Be Affected By Sanctions on Russia

The U.S. lumber market has seen unprecedented price rises in recent years. Prices could climb even higher as the world responds to the conflict between Russia and Ukraine. Russia is a major exporter of wood in the global market,…more

Economic Sanctions, Exports, Forestry, Imports, Lumber Industry

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COVID-19: Japanese Economic Stimulus Package is Unveiled

Background - On April 7, 2020, the Cabinet of Japan approved a supplementary appropriation bill (the “Bill”), which included a JPY 108 trillion (US$997 billion) economic stimulus package in light of the COVID-19 outbreak (the…more

Financial Stimulus, Japan, Relief Measures

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SEC Enforcement Action Cites Bank for Operating Collective Investment Funds as Unregistered Investment Companies: Key Takeaways for Banks and Advisers

Banks and trust companies maintaining collective investment funds (CIFs) took notice when the U.S. Securities and Exchange Commission (SEC) announced enforcement proceedings on 30 September 2020 against Great Plains Trust…more

Banks, Investment Adviser, Investment Company Act of 1940, Investment Funds, Investment Management

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Investing in India? Take a Look at the Amended India-Mauritius Tax Treaty Before You Do

On May 10, 2016, India and Mauritius signed a protocol amending the India-Mauritius double income tax treaty that would, among other things, permit India to tax a Mauritian resident on capital gains arising from the sale of…more

Double Taxation, Equity Investors, Foreign Investment, India

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District Court Shows Timeshare "Exit" Attorney the Exit

In May of 2022, a New Jersey District Court ruled in favor of Diamond Resorts, declining to find them liable under the Fair Credit Reporting Act. The case, Esperance v. Diamond Resorts, provides insight on how courts are…more

Credit Reports, Debt, Fair Credit Reporting Act (FCRA), Timeshare

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Discombobulated Contractual Communications? Let Us Be Clear!

Introduction - Imagine you are on a construction site somewhere in the Middle East. On-site you will likely hear the following phrases and mutations thereof: “Are you going to answer me?” and “Why are you telling me this now?"…more

Construction Contracts, Construction Industry, Contract Drafting, Contract Negotiations, Contract Terms

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COVID-19: Force Majeure and Your IT Project – Seven Things to Consider Before Pulling the Trigger

As the COVID-19 pandemic continues to create disruptions to economies and businesses across the globe, we have found many businesses are facing increasing, and changing, risks in projects they have on foot - and IT projects are…more

Coronavirus/COVID-19, Force Majeure Clause

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RegTech as a Competitive Advantage

According to a recent Thomson Reuters Survey, financial institutions on average spend £40m a year on compliance, with some spending up to £300M annually on compliance and customer due diligence. In an environment of constant…more

EU, European Securities and Markets Authority (ESMA), General Data Protection Regulation (GDPR), Popular, RegTech

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COVID-19: Enforceability of Electronic Signatures and Notaries Amidst COVID-19

The COVID-19 outbreak has clearly led to many disruptions in the workplace, including an increasing amount of employers encouraging, and in some cases requiring, their employees to work remotely…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Electronic Records, Public Notaries

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Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and Require Disclosure of Salary Ranges in Job Postings

On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information…more

Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors, Job Ads, Job Applicants

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China to Allow Foreign Asset Managers to Operate Local Funds

Recently, the Asset Management Association of China (“AMAC”) issued a Q&A on Private Securities Fund Registration (No.10) (“Q&A No.10”), under which foreign asset managers are allowed to form a wholly foreign-owned enterprise…more

Asset Management Association of China (AMAC), China, Foreign-Owned Corporations, Fund Managers, Investment Funds

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First Amendment of China's Anti-Monopoly Law – Key Takeaways

After two years of public consultation and two readings at the National People’s Congress, the first amendment to the Anti-Monopoly Law of the People’s Republic of China (PRC) has been promulgated under the spirit of…more

Anti-Monopoly, Business Operations, China, Competition, Merger Controls

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Fashion Law Newsletter - March 2017

"Fashions fade, style is eternal." - Yves Saint Laurent - Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In this issue we touch…more

Fashion Design, Fashion Industry, Intellectual Property Protection, Retail Market, Trademarks

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Up Next: Lenders May Be the Next Government Focus for PPP Fraud

INTRODUCTION - On 24 January 2023, the Board of Governors of the Federal Reserve System (the FRB) announced it entered into a consent order (Consent Order) with a member bank imposing an approximately US$2.3 million civil money…more

Borrowers, Enforcement Actions, Federal Reserve, Financial Stimulus, Fraud

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US Supreme Court Opens New Path to Assist Foreign Award Creditors Seeking to Enforce Arbitral Awards

In its opinion of 22 June 2023 in Yegiazaryan v. Smagin, the US Supreme Court ruled that a foreign award creditor may bring claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) related to the enforcement of…more

Foreign Arbitral Awards, International Arbitration, Racketeering, RICO, SCOTUS

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China Trade Marks – Inclusion of Retail and Wholesale services relating to medicines and pharmaceuticals

The China Trade Marks Office (CTMO) recently announced that from 1 January 2013 it is accepting applications to register trade marks in relation to retail or wholesale services for pharmaceutical, veterinary and sanitary…more

Brand, China, Medical Supplies, Pharmaceutical Industry, Retail Market

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ESG—Australia - Carbon Offsets: Australian Regulatory Framework

Taylor Swift’s “Eras Tour” was one of the highest grossing music tours of all time with approximate proceeds exceeding US$1 billion. While this is a monumental feat, Taylor Swift also gained negative attention during the tour…more

ASIC, Australia, Carbon Emissions, Carbon Off-Set Credits, Clean Energy

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Chancery Court Dismisses Former LLC Member’s Claims for Alleged Amounts Owed and Breach by Former Co-Members

In Terry L. Menacker v. Overture, L.L.C., et al., C.A. No. 2019-0762-JTL (Del. Ch. Aug. 4, 2020), the Delaware Court of Chancery (the “Court”) considered a motion to dismiss claims by a former member of Overture L.L.C. (the…more

Breach of Duty, Buyouts, Fiduciary Duty, Limited Liability Company (LLC), Operating Agreements

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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Permanent Dial-In Option Makes TEFRA Hearings Easier Than Ever – Forever

The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) requires a public hearing as a form of public approval for certain types of tax-exempt private activity bonds. Thanks to COVID-19, holding a hearing is easier than…more

Bonds, IRS, Public Finance, Public Hearing, Remote Hearings

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COVID-19: Will Today’s COVID-19 Distressed Businesses Become Tomorrow’s Antitrust-Cured Acquisition Targets?

Despite the unprecedented efforts and measures undertaken by governments across the world to mitigate the economic impact of the COVID-19 pandemic, it is an unfortunate but inevitable outcome that a number of businesses are…more

Business Interruption, Business Losses, Coronavirus/COVID-19, EU, Mergers

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Litigation Minute: Cigna's Modifier 26 Reimbursement Policy (Payor-Provider Series: Part Two of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Many Florida hospital-based pathology groups have long-standing provider agreements contracts with Cigna. These contracts – specifically the contractually agreed-upon reimbursement…more

Contract Terms, Health Care Providers, Payor Contracts, Reimbursements

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Boots on the Ground: PIL Task Force Targeting Opioid Providers in the War on Drugs

Attorney General Jeff Sessions announced the creation of the Prescription Interdiction & Litigation (“PIL”) Task Force –– which Sessions described as a “new front in the war on the opioid crisis” –– in a February press release…more

Department of Justice (DOJ), False Claims Act (FCA), Food and Drug Administration (FDA), Health Care Providers, Opioid

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Where Can Hatch-Waxman and BPCIA Cases Stick After TC Heartland LLC v. Kraft Foods Group Brands LLC?

Hatch-Waxman litigators are accustomed to cases with multiple generic drug company defendants. Brand drug company plaintiffs often sue multiple defendants in the same district court, even when those defendants are not…more

Abbreviated New Drug Application (ANDA), aBLA, BPCIA, Generic Drugs, Hatch-Waxman

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Navigating Ohio's Wild West: Exceptions to the Marketable Title Act

Last year in West v. Bode, the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA) and the Dormant Mineral Act (DMA), providing surface owners two…more

Marketable Title, Mineral Rights, Minerals, OH Supreme Court, Oil & Gas

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Litigation Minute: Avoiding Uncertainty in Material Adverse Effect Clauses (Deal Litigation Series: Part Three of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Material Adverse Effect (MAE) or Material Adverse Change (MAC) clauses are common in merger and acquisition (M&A) agreements. They allow a buyer to opt out of a deal if some…more

Acquisition Agreements, Acquisitions, Dispute Resolution, Material Adverse Change Clauses (MACs), Material Adverse Effects

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US Supreme Court Opens New Path to Assist Foreign Award Creditors Seeking to Enforce Arbitral Awards

In its opinion of 22 June 2023 in Yegiazaryan v. Smagin, the US Supreme Court ruled that a foreign award creditor may bring claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) related to the enforcement of…more

Foreign Arbitral Awards, International Arbitration, Racketeering, RICO, SCOTUS

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Litigation Minute: Class-Action Challenges to Natural and Clean Beauty Product Claims (Beauty and Wellness Series: Part Two of Three)

What You Need To Know In A Minute Or Less - A recent rise in class-action complaints against beauty industry leaders, targeting the use of “clean” or “natural” descriptions in cosmetics, further highlights the tightrope brands…more

Advertising, Class Action, Cosmetics, Personal Care Products, Product Labels

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Employment Agreement Revisions Required in Germany – New Obligations for Employers in Relation to Transparent Working Conditions Effective 1 August 2022

On 23 June 2022, the German parliament passed a bill to implement an EU directive on transparent and predictable working conditions into German law. Changes to the German Evidence Act (Nachweisgesetz – NachwG) are of…more

Employer Responsibilities, EU, Germany, Working Conditions, Workplace Safety

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German Whistleblower Protection Act Enters into Force

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels enabling employees to report certain…more

Employees, Employer Responsibilities, Germany, Whistleblower Protection Policies, Whistleblowers

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COVID-19: Bankruptcy Code Amendments in the Consolidated Appropriation Act and COVID-19 Bankruptcy Relief Extension Act

On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the…more

Bankruptcy Code, Borrowers, CARES Act, Consolidated Appropriations Act (CAA), Creditors

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COVID-19: Businesses Face Supply Chain Challenges as Pandemic Triggers State ‘Stay at Home’ and Business Curtailment Orders

In an effort to respond to the COVID-19 pandemic, states across the nation have adopted restrictions limiting the in-person operations of manufacturers, businesses, and institutions to those deemed “essential” or “life…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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New Washington State Nonprofit Corporation Act Revitalizes Law Governing Nonprofit Corporations

Effective for most purposes on 1 January 2022, a new state law overhauls and reforms the governance landscape for nonprofit corporations in the state of Washington. Replacing existing Chapter 24.03 RCW (the “Current Act”) in its…more

Charitable Organizations, Dissolution, Electronic Communications, Nonprofits, Washington

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Litigation Minute: Choice of Law and Forum Clauses in Deal Work (Deal Litigation Series: Part Four of Four)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Choice of Law (COL) and Choice of Forum (COF) clauses are not like cheap baseball caps—one size does not fit all. While these provisions may not be scintillating, they are important if…more

Choice-of-Law, Contract Terms, Dispute Resolution, Forum Selection

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Pennsylvania’s New “State Construction Notices Directory” and the Implementation of Significant Changes to Pennsylvania’s Mechanics’ Lien Law

Important changes to Pennsylvania’s Mechanics’ Lien Law recently took effect on December 31, 2016, with the launch of an online State Construction Notices Directory. These amendments to the Mechanics’ Lien Law (which were passed…more

Construction Industry, Construction Project, Contractors, Mechanics Lien, Subcontractors

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The Property Law Act 2023 Introduces Major Reforms

Key Points - The Property Law Act 2023 (the New Act) was passed on 25 October 2023. It will likely receive Royal Assent in the next week and will commence on a date set by proclamation (to be announced soon)…more

Australia, Commercial Property Owners, Deeds, Disclosure Requirements, Leases

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COVID-19: Illinois Executive Order in Response to COVID-19

On March 20, 2020, Governor J.B. Pritzker of Illinois issued an Executive Order (“Order”) requiring Illinois residents to remain in their homes and requiring businesses deemed non-essential to cease operations. The Order…more

Business Closures, Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Operators of Essential Services

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A New Consideration for Developers: The Tate Modernises the Law of Private Nuisance

Introduction - Two neighbouring iconic developments in central London have come under much scrutiny in recent years in respect of the relationship between their uses and whether the use of one constitutes a private nuisance to…more

Adjacent Property Owners, Private Nuisance, Property Owners, UK

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Doing Business in Australia

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed…more

ASIC, Australia, Australian Competition and Consumer Commission (ACCC), Australian Securities Exchange (ASX), Board of Directors

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No-Deal Brexit for Dispute Resolution?

Just days before the end of the Brexit transition period on 31 December 2020 a trade deal was agreed to between the United Kingdom (UK) and European Union (EU), saving the UK from many of the expected disruptions of a no-deal…more

Dispute Resolution, EFTA, EU, International Arbitration, No-Deal Brexit

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U.S. Supreme Court Issues Landmark Clean Water Act Decision, Significantly Narrowing the Scope of "Waters of the United States" Under Federal Law

It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions.  And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the…more

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

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HUB Talks: Talking Sports Law: A Conversation with Dan Hunt, President and CEO of FC Dallas and Toyota Stadium

On this episode of Talking Sport Law, host John Wilson and new co-host Nick Spiliotis are joined by Dan Hunt, the president and CEO of FC Dallas and Toyota Stadium. Hunt describes the importance of his focus on the business…more

Arenas and Stadiums, Athletes, Soccer, Spectator Sports, Sports

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COVID-19: CFPB Narrows Servicers' Obligations in Final COVID-19 Mortgage Servicing Regulations

In the wake of the COVID-19 pandemic, the Consumer Financial Protection Bureau (CFPB) issued a series of proposed amendments to the federal servicing regulations designed to assist mortgage borrowers impacted by the pandemic and…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Mortgage Lenders, Mortgage Servicers

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Women's Quota on the Executive Board in Germany

The Second Leadership Positions Act (FüPoG II) aims to further develop the regulations for the equal participation of women in leadership positions. In the private sector, this will introduce a mandatory quota of women on…more

Corporate Executive Boards, Corporate Management, Diversity and Inclusion Standards (D&I), Germany, Leadership

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Special Resolution Regimes and the ISDA Resolution Stay Jurisdictional Modular Protocol

In the coming weeks and months, investment companies, pension plans, and other buy-side participants (for simplicity, “Funds”) in swaps, repos, securities loans, or other financial contracts will be asked by their dealer…more

Bilateral Agreements, EU, Fiduciary Duty, Investment Adviser, ISDA

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Some "Serious" Developments in Defamation Law

In 2021, one of the most significant changes to Australian defamation legislation, in most states and territories (save for Western Australia and the Northern Territory), was the introduction of a "serious harm" threshold to the…more

Australia, Defamation, Reputational Injury, Serious Harm Standard, Supreme Court of New South Wales

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A Fair Use Tale, or All's Well That Ends: the U.S. Supreme Court Holds Google's Use of Java Code to Be a Fair Use under U.S. Copyright Law

On 5 April 2021, the U.S. Supreme Court resolved a major copyright dispute that had wound through the federal courts for over a decade. In a 6-2 decision written by Justice Breyer, the Supreme Court held that Google’s copying of…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Google

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It's a Gas! Federal and State Developments Continue to Light Up the Natural Gas Debate

In April 2023, we reported on the US Court of Appeals for the Ninth Circuit’s decision in California Restaurant Association (CRA) v. City of Berkeley striking down a Berkeley ordinance that prohibited natural gas piping in new…more

Building Codes, California, Department of Energy (DOE), Energy Policy, Energy Policy and Conservation Act (EPCA)

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No (More) Bites at the mRNA Apple: Pfizer and BioNTech Seek Declaratory Judgment of Noninfringement Relating to Their COVID-19 Vaccine in New Suit

On 25 July 2022, BioNTech SE and BioNTech Manufacturing GmbH (collectively, BioNTech) and Pfizer Inc. (Pfizer) (collectively, Plaintiffs) filed suit1 in the District of Massachusetts against CureVac AG (CureVac or Defendant)…more

Intellectual Property Litigation, Patent Infringement, Patent Litigation, Patent-in-Suit, Patents

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UPDATE: FTC’s Proposed Amendments to the Magnuson-Moss Disclosure and Pre-Sale Availability Requirements

In October of 2015, President Obama signed into law the E-Warranty Act of 2015, an amendment to the Magnuson-Moss Warranty Federal Trade Commission Improvement Act (the “Magnuson-Moss Warranty Act” or the “Act”), which updated…more

Disclosure Requirements, E-Warranty Act, Federal Trade Commission (FTC), Magnuson-Moss Act, Proposed Amendments

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Taxes and Politics Collide in New IRS Guidelines for 501(c)(4) Organizations: IRS Proposes to Restrict Political Activities of Some Non-Profits

On November 29, 2013, the Internal Revenue Service (“IRS”) issued proposed rules, “Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities” (78 Fed. Reg. 71535-71542 (Nov. 29, 2013)), which…more

501(c)(4), Exempt Organizations, IRS, Nonprofits, Political Campaigns

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White House Chooses Exclusion of Silica-Based Products Produced Using Forced Labor, Impacting Solar PVs

Today, the White House announced that Customs and Border Protection (CBP) has issued a withhold release order (the Order) on products manufactured using silica-based products produced by Hoshine Silicon Industry Co., Ltd., and…more

Customs and Border Protection, Forced Labor, Imports, Silica, Supply Chain

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Litigation Minute: 2023 Year in Review and 2024 Look Ahead

What You Need To Know In A Minute Or Less - In 2023, we published 16 editions of our Litigation Minute newsletter, featuring emerging topics posing increasing and significant risks to companies. In a minute or less, here are…more

Class Action, Data Privacy, Food and Drug Administration (FDA), Hazardous Substances, PFAS

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Luxembourg Modernises Its Insolvency Legislation

On 19 July 2023, the parliament of the Grand Duchy of Luxembourg (Luxembourg) passed bill no. 6539A into law (the New Insolvency Law), marking a significant milestone in the movement to modernise and enhance the competitiveness…more

Commercial Bankruptcy, Corporate Restructuring, Debt Restructuring, Distressed Debt, EU

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New Illinois Laws for 2024 Affecting Real Estate

Illinois has passed a number of laws effective 1 January 2024 that impact commercial real estate and development. These new laws range from new requirements for residential landlords, first of its kind electric vehicle…more

Condominiums, Electric Vehicles, Homeowners Association (HOA), Illinois, Infrastructure

See all updates »

"Brexit Bites": Tax Implications for the United Kingdom

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Court Of Chancery Finds No Section 220 Issue Where Stockholder’s And Its Counsels’ Purposes For Demand Align

In Inter-Local Pension Fund GCC/IBT v. Calgon Carbon Corp., C.A. No. 2017-0910-MTZ (Del. Ch. Jan. 25, 2019), the Delaware Court of Chancery enforced an institutional stockholder’s demand for books and records under Title 8,…more

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Safe Harbors Part II - China's Safe Harbor Rules Lower the Barrier for Cross-Border Data Transfer

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Court Issues Mixed Ruling in Epic v. Apple Antitrust Trial

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Florida Legislature Passes Bill to Bring Common-Sense Changes to the Florida Telephone Solicitation Act

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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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