Author Info for K&L Gates LLP

Cameron Abbott

Pay the Price, Now ‘Fess Up’: Reporting Obligations for Ransomware Payments Are Live

As of 29 May 2025, the requirement on businesses to report ransomware payments they make has come into effect. What is the Requirement? If a reporting business entity becomes impacted by a cyber security incident and ends up…more

Business Entities, Cybersecurity, Data Breach, Disclosure Requirements, New Legislation

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Nayla Abdallah-Beydoun

Implementation of the Mobility Directive: Significant Changes for Mergers, Divisions and Conversions With the Introduction of a New Dual Regime

On 23 January 2025, Luxembourg enacted a bill implementing the EU Mobility Directive (2019/2121) for cross-border conversions, mergers and divisions, featuring (i) a harmonised legal framework for these transactions across the…more

Corporate Governance, Cross-Border Transactions, EU, Luxembourg, Mergers

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Leonie Abendroth LL.M.

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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Zaid Abu-Shattal

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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David Aceto

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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G. Norman Acker III

First Circuit Adopts But-For Causation Standard for Kickback-Premised False Claims Act Actions

On 18 February 2025, the First Circuit Court of Appeals issued its decision in United States v. Regeneron Pharmaceuticals, Inc., determining that “but-for” causation is the proper standard for False Claims Act (FCA) actions…more

Anti-Kickback Statute, Causation, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Jeffrey Acre

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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Catherine Adam

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries; some…more

Breach of Contract, Contract Disputes, Contract Terms, Dispute Resolution, Force Majeure Clause

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Jennifer Addis

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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Goody Agahi

Fashion Law Update – February 2025

In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past year…more

Anti-Money Laundering, Brand, Copyright, Copyright Infringement, Counterfeiting

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Meg Aitken

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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Farah Al-Nabulsi

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Clifford Alexander

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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Nazanin Aleyaseen

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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Rizelène Ali-Moussa

Commercial Leases—First Semester 2024 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, Commercial Tenants, Contract Terms, Eviction

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Scott Aliferis

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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Rosemary Alito

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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Seth Allen

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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Thomas Allen

Proposed Renewable Regulations in Texas Might Trigger Force Majeure and Change in Law Clauses

The renewable energy industry in the United States is facing new headwinds in the form of state legislation that could delay, disincentivize, or even potentially prevent the completion of planned solar and wind projects. For…more

Contract Terms, Energy Projects, Force Majeure Clause, Permits, Proposed Legislation

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R. Bruce Allensworth

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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John Allison

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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Dave Allman

The Trump Administration Announces Trade Agreement With China

On Thursday, 8 May, shortly after the announcement of the trade agreement with the United Kingdom and the United States, US Trade Representative Jamieson Greer and Treasury Secretary Scott Bessent provided additional details on…more

China, Executive Orders, Imports, International Trade, Section 301

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Joel Almquist

Navigating US Regulatory and Tax Issues—A Primer for Singapore Managers Marketing Private Funds in the United States

As the United States remains a leading source of global private equity (PE), real estate (PERE) and venture (VC) capital, many Singapore-based managers are increasingly seeking to market their funds to US investors. While…more

Asset Management, Capital Markets, Investment, Investment Funds, Investors

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Kevin Alonso

The Wait Is Over: Revised CMS Enrollment Form Puts SNF Ownership and Management Under a Microscope

With the release of an updated CMS-855A enrollment form (855A), skilled nursing facilities (SNFs) will be required to identify substantially more detailed ownership and control information to Centers for Medicare and Medicaid…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Health Care Providers, Limited Liability Company (LLC)

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Diane Ambler

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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Mark Amorosi

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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Anna Amprimo

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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Michael Anderson

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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Carley Daye Andrews

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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Valerie Ang

Fashion Law Update – February 2025

In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past year…more

Anti-Money Laundering, Brand, Copyright, Copyright Infringement, Counterfeiting

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Theodore Angelis

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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Claude-Étienne Armingaud

New EDPB Guidelines: Processing Personal Data on Blockchain

The European Data Protection Board recently published its draft Guidelines 02/2025, which remain open to consultation until 09 June 2025. Stakeholders in the blockchain industry are encouraged to submit any observations before…more

Blockchain, Data Privacy, Data Protection, Data Protection Impact Assessments (DPIAs), Data Retention

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Sheila Armstrong

New Executive Order Bolsters the Nation's Cyber Defenses

In a significant move to bolster the United States’ cybersecurity framework, President Biden issued an executive order (EO) on 16 January 2025 titled “Strengthening and Promoting Innovation in the Nation’s Cybersecurity” days…more

Cybersecurity, Data Privacy, Data Protection, Executive Orders, National Security

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Arthur Artinian

Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training

The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025…more

Artificial Intelligence, Authors, Copyright, Copyright Litigation, Intellectual Property Protection

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Christine Artus

Harassment in the Workplace: A Major Challenge for Employers in France

During the first quarter of 2025, the French Supreme Court has rendered a number of rulings on harassment in the workplace. Whether moral, institutional, environmental or sexual, harassment is a burning topic and the French…more

Anti-Harassment Policies, Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Simon Ashworth

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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Daniel Atkin

Mergers and Acquisitions in Australia in 2025

A Recap: Expectations for 2025 Versus Reality to Date - 2025 began with optimism that mergers and acquisitions (M&A) activity would continue to increase this year. In Australia and globally, 2024 saw the value of M&A activity…more

Acquisitions, Australia, FIRB, Foreign Investment, International Trade

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Benjamin Augugliaro

EDGAR Next: The Next Era in Filing

Introduction - On 27 September 2024, the Securities and Exchange Commission (SEC) adopted “EDGAR Next,” a collection of rule and form amendments intended to improve access to, and management of, accounts on the SEC’s filing…more

Compliance, Cybersecurity, Disclosure Requirements, EDGAR, Electronic Filing

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Vincent Avallone

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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Allen Bachman

HSR Overhaul Takes Effect: A New Era For Dealmakers

On 10 February 2025, the Federal Trade Commission’s (FTC) overhaul of the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) became effective. The new rules now apply to all reportable…more

Administrative Procedure Act, Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Controls

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Vanessa Baic

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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Alaina Bailey

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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Stanford Baird

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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Mary Burke Baker

Senate Updates Code Section 899

On Monday, 16 June 2025, the Senate Finance Committee released its version (the Senate Proposal) of the Section 899 retaliatory tax provisions that also are included in the “One Big Beautiful Bill Act” (the Act) that was passed…more

Budget Reconciliation, Cross-Border Transactions, Foreign Investment, Foreign Tax, International Tax Issues

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Julia Baldi

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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Matthew Ball

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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George Barbatsuly

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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Stefano Bardella

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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J. Stephen Barge

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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Molly Barker

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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Marvis Barnes

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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Kane Barnett

Australia: Full Federal Court Finds in Favour of ASIC Appeal Concerning the Scope of the “Authorised Representative” Exemption

The Full Federal Court (the Court) has ruled in favour of the Australian Securities and Investments Commissions’ (ASIC) appeal as to whether BPS Financial Pty Ltd (BPS) could rely on the ‘authorised representative’ exemption in…more

Appeals, ASIC, Australia, Consumer Financial Products, Financial Services Industry

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Robert Barrett

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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Petr Bartoš

Key Compliance Tips on How to Respond to Information Requests From OFSI

On 8 May 2025, the United Kingdom’s Office of Financial Sanctions Implementation (OFSI) of HM Treasury published a penalty notice regarding a breach of financial sanctions by a UK registered company—Svarog Shipping & Trading…more

Compliance, Economic Sanctions, Enforcement Actions, Financial Crimes, Financial Institutions

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David Bartz

SEC Reassesses Foreign Private Issuer Eligibility

Earlier this month, the US Securities and Exchange Commission (SEC) issued a concept release to solicit public comment on potential changes to the definition of a foreign private issuer (FPI), marking the SEC’s first review of…more

Capital Markets, Corporate Governance, Disclosure Requirements, Foreign Private Issuers, Investors

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Thomas Basso

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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David Bateman

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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Leah Baucom

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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Marion Baumann

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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Giles Bavister

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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Devon Beane

First Denial Based on USPTO’s New Discretionary Denial Factors

Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv…more

Inter Partes Review (IPR) Proceeding, Judicial Authority, New Guidance, Patent Applications, Patent Litigation

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France Beard

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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Samantha Beatty

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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Nora Becerra

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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Annette Becker

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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Christopher Bellavia

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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Edward Bennett

Asia: MAS Consults on Retail Access to Private Market Investment Funds

On 27 March 2025, the Monetary Authority of Singapore (MAS) issued a consultation paper on a proposed regulatory framework to allow retail investors to access private market investments through authorised long-term investment…more

Asset Management, Financial Markets, Investment Funds, Investment Management, Long-Term Investment Funds

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Alan Berkeley

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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Scott Bernhart

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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Dr. Georg Bernsau

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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Jake Bernstein

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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Gina Bertolini

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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John Bicks

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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Leonard Bickwit

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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Corey Bieber

New Executive Order Bolsters the Nation's Cyber Defenses

In a significant move to bolster the United States’ cybersecurity framework, President Biden issued an executive order (EO) on 16 January 2025 titled “Strengthening and Promoting Innovation in the Nation’s Cybersecurity” days…more

Cybersecurity, Data Privacy, Data Protection, Executive Orders, National Security

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Thomas Birsic

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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Lindsay Sampson Bishop

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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Stephen Bittinger

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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Maxwell Black

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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John Blair Jr.

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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Gregory Blase

Loper Bright Strikes Again: Eleventh Circuit Hangs Up on FCC's One-to-One Consent Rule, Calling the Validity of Other TCPA Rules Into Question

The Eleventh Circuit Court of Appeals recently vacated the Federal Communications Commission’s 2023 “one-to-one consent rule” under the Telephone Consumer Protection Act (TCPA). In Insurance Marketing Coalition, Ltd. v. Federal…more

Appeals, Consent, FCC, Regulatory Authority, Robocalling

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John Blessington

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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Mary Blomquist

SEC Reassesses Foreign Private Issuer Eligibility

Earlier this month, the US Securities and Exchange Commission (SEC) issued a concept release to solicit public comment on potential changes to the definition of a foreign private issuer (FPI), marking the SEC’s first review of…more

Capital Markets, Corporate Governance, Disclosure Requirements, Foreign Private Issuers, Investors

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Christopher Bloom

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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Greyson Blue

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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Andrew Blyth

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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Marisa Bocci

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

See all updates »

Samuel Boden

Environmental Justice Update

Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders (EOs)…more

Air Quality Standards, Biden Administration, Department of Justice (DOJ), Enforcement Actions, Environmental Justice

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Nathan Bodlovich

May 2025 ESG Policy Update—Australia

AUSTRALIAN UPDATE - ESG-Related Policy in Australia Under the Newly Re-Elected Labor Government - On 3 May 2025, the incumbent Labor government, led by Prime Minister Anthony Albanese, won re-election to a second consecutive…more

Australia, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

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Dr. Jan Boeing

Confirmation of the Territorial Scope of the Collateral Law

Key Takeaway - Luxembourg’s law of 5 August 2005 on financial collateral arrangements, as amended (Collateral Law 2005), continues to offer strong safe-harbor protections for financial collateral arrangements and is now…more

Appeals, Collateral, Creditors, Debtors, Enforcement

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Nathaniel Bolin

The Trump Administration Announces Trade Agreement With China

On Thursday, 8 May, shortly after the announcement of the trade agreement with the United Kingdom and the United States, US Trade Representative Jamieson Greer and Treasury Secretary Scott Bessent provided additional details on…more

China, Executive Orders, Imports, International Trade, Section 301

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Rebecca Bolton

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 »

Louise Bond

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries; some…more

Breach of Contract, Contract Disputes, Contract Terms, Dispute Resolution, Force Majeure Clause

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Dr. Bastian Bongertz

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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John Boos

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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Amelia-Rose Booth

Be Wary: Sophisticated Scam Emails Impersonating IP Attorneys

Business owners should be aware of a new email scam circulating impersonating an intellectual property (IP) representative, containing false information, and offering trademark assistance. This nefarious email scam is sent by an…more

Australia, Australian Competition and Consumer Commission (ACCC), Consumer Fraud, Cybersecurity, Data Protection

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Raja Bose

7th Edition of the SIAC Rules: Defining the Future of SIAC Arbitration

Introduction - The Singapore International Arbitration Centre (SIAC) has launched the 7th Edition of its Arbitration Rules (the 2025 Rules), which took effect on 1 January 2025. The 2025 Rules represent a major update of the 6th…more

Arbitration, Arbitration Agreements, Arbitration Fees, Contract Terms, Dispute Resolution

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Calvina Bostick

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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Bradley Bostwick

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Gayle Bowen

Europe: ESMA and National Regulators Launch Coordinated Review of Fund Manager Compliance and Internal Audit Functions

On 14 February 2025, the EU’s securities and markets regulator, the European Securities and Markets Authority (ESMA), launched a Common Supervisory Action (CSA) with EU Member State National Competent Authorities (NCAs), in…more

AIFM, Audits, Compliance, EU, European Commission

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Sarah Bowman

The Inside Basis: Possible Estate Tax Rollback in the United States

In our inaugural episode of The Inside Basis, Randy Clark is joined by Sarah Bowman, one of our estate planning and trust administration lawyers, and Lauren Anderson, a wealth advisor at J.P. Morgan Private Bank, to discuss…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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April Boyer

EEOC and DOJ Clarify the Federal Government's Enforcement Priorities As to Dei-Related Workplace Discrimination

On 19 March 2025, the US Equal Opportunity Commission (EEOC) and Department of Justice (DOJ) issued two technical assistance documents clarifying what workplace diversity, equity, and inclusion (DEI) programs and practices the…more

Civil Rights Act, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Brian Bozzo

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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Kay Brady

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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Travis Brannon

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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Carolyn Branthoover

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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Ndenisarya Bregasi

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 »

Vivian Bridges

AI Updates: Committees on Capitol Hill Continue Debate on Future of Emerging Technologies

“And if you study the history of the world, the nations that are the most military and economically domineer [sic] are the nations that are the most innovative,” Sen. Jon Husted (R-OH) remarked at a recent congressional hearing…more

Artificial Intelligence, Congressional Committees, Cybersecurity, Data Centers, Department of Defense (DOD)

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TJ Bright

Rule 506(c) Unchained? The SEC Loosens Requirements for Advertising in Private Capital Raises

On 12 March 2025, the US Securities and Exchange Commission (SEC) staff issued a no-action letter that provides private fund sponsors with a concrete, streamlined approach to relying on Rule 506(c), based on minimum investment…more

Accredited Investors, Advertising, Capital Raising, Investment Funds, Investment Management

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Maureen O'Dea Brill

Apportioning the Cost of Household Hazardous Waste Management in Vermont

Vermont’s Agency of Natural Resources is busily working to implement a first-in-the-nation household hazardous waste extended producer responsibility law. Although federal law sets requirements for hazardous waste generated at…more

Consumer Product Companies, Environmental Policies, Hazardous Waste, Manufacturers, Regulatory Agenda

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Stuart Broadfoot

How President Trump's "One Big Beautiful Bill" Will Impact Businesses in Australia

Retaliatory tax provisions contained in H.R. 1, the “One Big Beautiful Bill Act” that recently passed the US House of Representatives, if enacted, would drastically impact common cross-border transactions, including US…more

Australia, Cross-Border Transactions, Foreign Investment, Passive Investments, Tax Cuts and Jobs Act

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Henry Brockway

HSR Overhaul Takes Effect: A New Era For Dealmakers

On 10 February 2025, the Federal Trade Commission’s (FTC) overhaul of the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) became effective. The new rules now apply to all reportable…more

Administrative Procedure Act, Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Controls

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Corben Brooks

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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Kenn Brotman

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s…more

Biometric Information, Biometric Information Privacy Act, Consent, Damages, Data Collection

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Cayla Nyante Brown

Understanding the Massachusetts Supreme Judicial Court’s Decision in Attorney General v. Town of Milton

Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail,…more

Affordable Housing, Constitutional Challenges, Enforcement Actions, Judicial Authority, Judicial Review

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Julie Brown

Flying Taxis Brisbane 2032—Olympic Dream or Reality?

Over the next eight years as elite athletes train with their eyes on winning gold at the 2032 Olympic and Paralympic Games in Brisbane, there is another Olympic dream that edges closer to reality—that of flying taxis…more

Australia, Aviation Industry, Electric Vehicles, Infrastructure, Olympics

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Lauren Brown

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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Nicholas Brown

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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Samuel Brown

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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James Bruce

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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Jenna Bruce

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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Mélanie Bruneau

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

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Dr. Christian Büche

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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Jay Buchman

Senate Updates Code Section 899

On Monday, 16 June 2025, the Senate Finance Committee released its version (the Senate Proposal) of the Section 899 retaliatory tax provisions that also are included in the “One Big Beautiful Bill Act” (the Act) that was passed…more

Budget Reconciliation, Cross-Border Transactions, Foreign Investment, Foreign Tax, International Tax Issues

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Nicole Buckley

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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Craig Budner

Client Conversations With Craig Budner: Interview With Neil Smith, Former General Manager of the New York Rangers and NHL On-Air Analyst

Neil Smith is the former general manager of the New York Rangers, where he led the team to a Stanley Cup win in 1994, the only Cup for the Rangers in 84 years. Throughout his professional career, Neil has been credited with…more

Business Development, Client Services, Professional Development, Young Lawyers

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Jim Bulling

May 2025 ESG Policy Update—Australia

AUSTRALIAN UPDATE - ESG-Related Policy in Australia Under the Newly Re-Elected Labor Government - On 3 May 2025, the incumbent Labor government, led by Prime Minister Anthony Albanese, won re-election to a second consecutive…more

Australia, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

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Kelly Bungard

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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Kathleen Burch

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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Sasha Burstein

What a Relief! Co-Investments Get Easier for Interval Funds, Tender Offer Funds, and Business Development Companies

The US Securities and Exchange Commission (SEC) has approved a streamlined framework for co-investments involving certain closed-end funds and business development companies (together, Regulated Funds)…more

Board of Directors, Business Development Companies, Corporate Governance, Investment Adviser, Investment Funds

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Grant Butler

Federal Banking Regulators Adopt a Permissive Stance on Cryptocurrency

The federal banking regulators have each recently adopted a more permissive approach to the regulation of cryptocurrency activities within the banking sector. The Office of the Comptroller of the Currency (OCC), the Federal…more

Banking Sector, Banks, Cryptoassets, Cryptocurrency, Digital Assets

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David Byer

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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Olivia Byrne

How to Successfully Transfer Your Manufacturing Plant From Mexico to the United States

President Trump’s promise to impose a new 25% tariff on goods produced in Mexico has prompted many companies to consider alternatives to their current or planned operations in Mexico. The decades following the 1994 North…more

Foreign Direct Investment, Foreign Investment, Imports, Incentives, International Trade

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Michael Byrnes

Payroll Tax, Amnesties and Related Developments for Health Practices

Health practices across Australia have been paying increasing attention to their potential exposure to payroll tax. The importance of doing so continues, particularly with new legislation bringing some further certainty…more

Australia, Contract Terms, Dentists, Health Care Providers, Independent Contractors

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Michael Caccese

SEC Marketing Rule FAQs Yield New Guidance

On 19 March 2025, the Securities and Exchange Commission staff issued updated frequently asked questions (FAQs) relating to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Marketing Rule) (available here). Broadly,…more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Marketing, New Guidance

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Maria Cáceres-Boneau

Q1 2025 New York Artificial Intelligence Developments: What Employers Should Know About Proposed and Passed AI Legislation

In the first part of 2025, New York joined other states, such as Colorado, Connecticut, New Jersey, and Texas, seeking to regulate artificial intelligence (AI) at the state level. Specifically, on 8 January 2025, bills focused…more

Algorithms, Artificial Intelligence, Audits, Bias, Compliance

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Clive Cachia

May 2025 ESG Policy Update—Australia

AUSTRALIAN UPDATE - ESG-Related Policy in Australia Under the Newly Re-Elected Labor Government - On 3 May 2025, the incumbent Labor government, led by Prime Minister Anthony Albanese, won re-election to a second consecutive…more

Australia, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

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Paul Callegari

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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Jason Callen

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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Carla Camassa

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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Giovanni Campi

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

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Steven Caponi

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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Sarah Carlins

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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Francesco Carloni

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

See all updates »

John Carlson

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

See all updates »

Amy Carnevale

Trump 2.0 Executive Orders; Shock and Awe

Overview - Since his inauguration on 20 January 2025, President Donald J. Trump has signed dozens of executive orders and presidential memoranda on topics including, but not limited to, energy and the environment; immigration;…more

Biden Administration, Climate Change, Energy Sector, Environmental Policies, Executive Orders

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Ryan Carney

Trump 2.0 Executive Orders; Shock and Awe

Overview - Since his inauguration on 20 January 2025, President Donald J. Trump has signed dozens of executive orders and presidential memoranda on topics including, but not limited to, energy and the environment; immigration;…more

Biden Administration, Climate Change, Energy Sector, Environmental Policies, Executive Orders

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Nathan Carrier

Update—Senate Bill 6: A Texas Bill Impacting Large Load Development in ERCOT

As previously reported, Senator Phil King and Senator Charles Schwertner introduced Texas Senate Bill 6 (SB6) in February 2025. After various amendments and updates, the bill has passed the Texas House and Senate and is now…more

Energy Policy, Energy Projects, Energy Sector, Government Agencies, New Legislation

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Amanda Cashman

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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Simon Casinader

Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training

The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025…more

Artificial Intelligence, Authors, Copyright, Copyright Litigation, Intellectual Property Protection

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Zak Cassells

Shareholder Disputes in Medical and Dental Practices in Australia

Key Takeaways - Shareholder disputes arise from circumstances both anticipated and unanticipated at the time of formation of a business relationship…more

Australia, Business Litigation, Business Ownership, Corporate Governance, Corporate Practice of Dentistry

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Jacquelyn Celender

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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Julien Chabanat

Commercial Leases—First Semester 2024 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, Commercial Tenants, Contract Terms, Eviction

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Antoine de Rohan Chabot

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

See all updates »

Brenden Chainey

House ESG Oversight Focuses on Proxy Voting; Issuer Attention Is on CSRD

Introduction - Throughout the 118th Congress, the US House of Representatives (House) has remained focused on oversight of environmental, social and governance (ESG) issues. In particular, the House Financial Services Committee…more

Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Regulatory Oversight

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Andrew Chambers

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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Anson Chan

Global Survey of ESG Regulations for Asset Managers - April 2025

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, social, and governance…more

Asset Management, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Investment Adviser

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Nicholas Chan

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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Simon Chan

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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Winnie Chan

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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Ariel Chang

Taiwan's National Science And Technology Council Has Published The Draft Bill Of The Basic Act On Artificial Intelligence For Public Consultation

The rapid development and spread of advanced artificial intelligence (AI) has led to legislative responses around the world to find suitable and adaptable governance measures. On 15 July 2024, the National Science and Technology…more

Algorithms, Artificial Intelligence, Bias, Code of Conduct, Data Management

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Roberta Chang

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Yu-Hwa Chen

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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Won-Han Cheng

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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Sacha Cheong

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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Limo Cherian

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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Richard Chew

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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Sarah Chihi

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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Varu Chilakamarri

EPA Plans Reset of GHG and Mercury Rules for Power Plants

Introduction - Continuing the regulatory whiplash over greenhouse gases (GHG) emissions from power plants, the United States Environmental Protection Agency (EPA) recently proposed repealing the Biden administration’s GHG power…more

Clean Air Act, Deregulation, Energy Policy, Energy Sector, Environmental Protection Agency (EPA)

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Vincenzo Chimera

Litigation Minute: Emerging Contaminants: Defending Litigation

What You Need to Know in a Minute or Less - Effectively defending emerging contaminant litigation requires counsel capable of navigating extremely complex scientific issues related to causation, while also not losing sight of…more

Causation, Damages, Environmental Litigation, Expert Testimony, Litigation Strategies

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Owen Chio

‘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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Jay Chiu

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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Hugo Chow

Australian Treasury Proposes New Consumer Data Right Rules for Non-Bank Lenders

The Australian Treasury released an Exposure Draft on 26 November 2024 (Amending Rules) proposing amendments to the Competition and Consumer (Consumer Data Right) Rules 2020 (CDR Rules). Whilst the government designated the…more

Australia, Banking Sector, Consumer Financial Products, Financial Institutions, Financial Services Industry

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Natalie Chow

Hong Kong SFC’s New Roadmap to Develop Hong Kong as a Global Virtual Asset Hub: ASPIRe

The Hong Kong Securities and Futures Commission (SFC) has recently unveiled a growth plan for the virtual asset (VA) industry, outlined in a five-pillar roadmap called “A-S-P-I-Re.” This roadmap consists of 12 initiatives…more

Blockchain, Cryptocurrency, Digital Assets, Financial Services Industry, FinTech

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Guillermo Christensen

The Trump Administration Announces Trade Agreement With China

On Thursday, 8 May, shortly after the announcement of the trade agreement with the United Kingdom and the United States, US Trade Representative Jamieson Greer and Treasury Secretary Scott Bessent provided additional details on…more

China, Executive Orders, Imports, International Trade, Section 301

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Andrew Chung

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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Natalie Chye

Case Alert: Repetitious Claims in Adjudication

Executive Summary - The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment…more

Adjudicatory Process, Appeals, Australia, Breach of Contract, Construction Disputes

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Tara Clancy

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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Randy Clark

The Inside Basis: Post-Wayfair Sales Tax Compliance and Exposure

K&L Gates Tax partner Will LeDoux joins Randy Clark for a discussion of the 2018 Supreme Court case South Dakota v. Wayfair and its impact on sales tax nexus and subsequent transaction considerations…more

Regulatory Requirements, Risk Management, Sales & Use Tax, Sales Tax, SCOTUS

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Marissa Cloutier

President Trump Announces "Reciprocal" Tariffs Beginning 5 April 2025

On 2 April 2025, President Trump announced a series of “reciprocal” tariffs on US imports from all countries. The tariffs apply at different rates by country, starting at a baseline of 10% and reaching as high as 50%…more

Exports, Imports, International Emergency Economic Powers Act (IEEPA), International Trade, Retaliatory Tariffs

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Ernie Cochran II

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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Daniel Cohen

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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Jonathan Cohen

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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Jessica Cohn

United States: Y’all Street to Attract Business With “Pro-growth” Legislation

Growing corporate and financial industry interest in Texas as a viable alternative to Delaware for incorporation is creating a trend, which is being called “Dexit.”…more

Broker-Dealer, Business Entities, Capital Markets, Corporate Governance, New Legislation

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William Cole

NFA Proposes Guidance on Diligent Supervision of Associated Persons

UPDATE: On 1 May 2025, NFA withdrew Interpretive Notice 9083. The guidance remains available on NFA’s website for industry participants’ review…more

CFTC, Compliance, Derivatives, Due Diligence, Enforcement Actions

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J. Walker Coleman IV

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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J. Barclay Collins

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

501(c)(3), Articles of Incorporation, Board Meetings, Board Members, Board of Directors

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Ottavia Colnago

Laws, Guidance, and Recommendations: What to Consider When Using AI to Hire Employees in Italy

Employers are increasingly using Artificial Intelligence (AI) in the hiring process. For example, chatbots can answer candidates’ questions, tools can screen resumes and profile candidates, and software can score interviews…more

Algorithms, Artificial Intelligence, Bias, Employer Responsibilities, Hiring & Firing

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Gail Conenello

Environmental Justice Update

Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders (EOs)…more

Air Quality Standards, Biden Administration, Department of Justice (DOJ), Enforcement Actions, Environmental Justice

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Peter Coneski

Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past…more

Class Action, Contamination, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers

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Catherine Connell

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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Andrew Connelly

UK Offence of 'Failure to Prevent Fraud': D&O Insurance Can Help the Board to Mitigate Risk

In 2023, the UK Government introduced the Economic Crime and Corporate Transparency Act (the Act) with the aim of reducing economic crime in the UK. The Act introduced a number of measures including a new offence of "failure to…more

Corporate Officers, Criminal Liability, D&O Insurance, Directors, Fraud

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Darrell Conner

What Overturning Chevron Means for the Way Congress Does Its Business

While most of the attention surrounding the Supreme Court’s (the Court) decision in Loper Bright v. Raimondo (Loper), overturning the longstanding Chevron doctrine, has focused on the increased potential for successful…more

Administrative Authority, Chevron Deference, Government Agencies, Judicial Authority, Loper Bright Enterprises v Raimondo

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Mallory Cooney

In First Major Speech as Acting CFTC Chairman, Pham Describes Policy Priorities

In a fireside chat at the ABA Futures & Derivatives Law Committee Winter Meeting on January 30th, Acting Chairman Caroline Pham shared her industry-friendly agenda for the Commodity Futures Trading Commission (CFTC). She…more

CFTC, Conflicts of Interest, Cryptoassets, Digital Assets, Enforcement

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Stephan Coonrod

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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Emma Cooper

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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Patrice Corbiau

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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Covadonga Corell Pérez de Rada

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

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Christien Corns

The New Australian Statutory Tort for Serious Invasions of Privacy – What Does It Currently Look Like?

On 12 September 2024, the long awaited statutory tort for serious invasions of privacy has been revealed in Schedule 1 to the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Bill). Please see our previous…more

Australia, Defamation, Invasion of Privacy, Journalists, Media

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John Cotter

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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Steven Cox

Interim Statement on ‘54 Act Reform

Summary - The Law Commission has issued an interim statement on the reform of the Landlord and Tenant Act 1954 (the Act). Its initial consultation addressed the “contracting-out” model, types of tenancy and duration of tenancy…more

Commercial Leases, Commercial Real Estate Market, Contract Terms, Landlords, Leaseholds

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Roger Crane

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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Catherine Crawford

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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Alexis Crawford Douglas

USPTO Patent and Trademark Fee Increases

The United States Patent and Trademark Office (USPTO) has announced increased patent and trademark fees effective 19 and 18 January 2025, respectively…more

Fees, Filing Fees, Intellectual Property Protection, Patent Litigation, Patents

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Felipe Creazzo

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

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Michael Creta

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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Matthew Cridland

Payroll Tax, Amnesties and Related Developments for Health Practices

Health practices across Australia have been paying increasing attention to their potential exposure to payroll tax. The importance of doing so continues, particularly with new legislation bringing some further certainty…more

Australia, Contract Terms, Dentists, Health Care Providers, Independent Contractors

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Sean Crosky

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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Kobie Crosley

Increasing Regulatory Scrutiny of Formaldehyde Under TSCA

Companies using formaldehyde in their manufacturing processes and/or selling products incorporating formaldehyde-containing components from upstream suppliers face significant challenges in an evolving regulatory landscape…more

Chemicals, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers

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John Crossley

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

See all updates »

Jennifer Crowder

United States: The Continuing Shift to Modern Money Transmission Laws

Within the past two months, three states have adopted the Money Transmission Modernization Act (MTMA). The governors of Virginia, Mississippi, and most recently Colorado, signed bills that implement the MTMA, and two other…more

Cryptocurrency, Digital Assets, Financial Services Industry, FinTech, Money Transmitter

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Daniel Crowley

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

See all updates »

Michael Cuda

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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Christopher Cunningham

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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Karla Cure

The Trump Administration Announces Trade Agreement With China

On Thursday, 8 May, shortly after the announcement of the trade agreement with the United Kingdom and the United States, US Trade Representative Jamieson Greer and Treasury Secretary Scott Bessent provided additional details on…more

China, Executive Orders, Imports, International Trade, Section 301

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Gabriela Da Costa

Green, But Lean: EU Eases Sustainability Rules Without Ditching Climate Goals

On 26 February 2025, the European Commission published the Omnibus Simplification Package, a set of proposals designed to streamline key EU sustainability regulations, eliminate redundancies, and reduce administrative burden and…more

Climate Change, Compliance, Corporate Governance, Environmental Policies, Environmental Social & Governance (ESG)

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Brian Daley

Key Disclosure Considerations for Your Upcoming Form 10-K and Proxy Statement

Public companies should be aware of new disclosure requirements for their upcoming Form 10-K filings for the fiscal year ended 31 December 2024 (2024 Form 10-K) and for their upcoming Proxy Statements to be filed in 2025 (2025…more

Clawbacks, Corporate Governance, Disclosure Requirements, Form 10-K, Insider Trading

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Conor Daniels

Governor Shapiro Fast Tracks Critical Infrastructure Project Permitting

On 19 November 2024, Pennsylvania Governor Josh Shapiro signed Executive Order No. 2024-04, streamlining and accelerating the permitting process for critical infrastructure projects within the Commonwealth. The Executive Order…more

Construction Project, Critical Infrastructure Sectors, Economic Development, Executive Orders, Infrastructure

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Laura Dann

Recent and Emerging Employment Law Changes Impacting Australian Employers

Not long after intentionally underpaying employees became a criminal offence on 1 January 2025, additional workplace changes have been announced or made by the federal Labor government to further protect workers and stimulate…more

Australia, Discrimination, Employee Rights, Employment Contract, Labor Reform

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Perrin Dargan, III

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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Ellen Darling

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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Savannah Darnall

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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Edward Dartley

Rule 506(c) Unchained? The SEC Loosens Requirements for Advertising in Private Capital Raises

On 12 March 2025, the US Securities and Exchange Commission (SEC) staff issued a no-action letter that provides private fund sponsors with a concrete, streamlined approach to relying on Rule 506(c), based on minimum investment…more

Accredited Investors, Advertising, Capital Raising, Investment Funds, Investment Management

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Darlene Davis

The Wait Is Over: Revised CMS Enrollment Form Puts SNF Ownership and Management Under a Microscope

With the release of an updated CMS-855A enrollment form (855A), skilled nursing facilities (SNFs) will be required to identify substantially more detailed ownership and control information to Centers for Medicare and Medicaid…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Health Care Providers, Limited Liability Company (LLC)

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Emma Dawes

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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Martha Dawson

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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Gustavo De La Cruz Reynozo

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Camilla de Moraes

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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Lucy Deane

Central Bank Fitness and Probity Consultation and Updates – April 2025

Following the 2024 independent review by Mr Andrea Enria (former Chair of the European Central Bank Supervisory Board) of the Central Bank of Ireland’s Fitness and Probity (F&P) assessment process, the Central Bank has published…more

Banking Sector, Central Bank of Ireland, Consultation, Corporate Governance, EU

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Thomas DeCesar

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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Sarah Decker

Litigation Minute: A Look Back and Ahead

What You Need to Know in a Minute or Less - Throughout 2024, we published three series highlighting emerging and evolving trends in litigation. From generative AI to ESG litigation, our lawyers continue to provide concise,…more

Artificial Intelligence, Class Action, e-Discovery, Environmental Social & Governance (ESG), Federal Trade Commission (FTC)

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Louis Degos

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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Paul Del Vecchio

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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Geoffrey Delamarre

Confirmation of the Territorial Scope of the Collateral Law

Key Takeaway - Luxembourg’s law of 5 August 2005 on financial collateral arrangements, as amended (Collateral Law 2005), continues to offer strong safe-harbor protections for financial collateral arrangements and is now…more

Appeals, Collateral, Creditors, Debtors, Enforcement

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Ruth Delaney

United States: STOP! START AGAIN! JUST KIDDING, STOP AGAIN! SEC Provides 11th Hour Extension of Compliance Date for Amended Form PF

With less than a day to go before the 12 June 2025 compliance date for the SEC and CFTC’s jointly adopted amendments to Form PF, the SEC, together with the CFTC, voted today to further extend the compliance date for the amended…more

CFTC, Filing Deadlines, Financial Institutions, Form PF, Investment Funds

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Samantha DeLee

Proposed Texas Senate Bills Have Potential Negative Impacts on Wind and Solar

Renewable energy developers should be aware of the proposed legislation in Texas that, if passed, will significantly impact existing wind and solar facilities as well as development-stage projects. Senate Bill 819 (SB 819) was…more

Energy Policy, Energy Projects, Infrastructure, Internal Revenue Code (IRC), Permits

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Michael DeMarco

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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Jacob Derr

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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Khilen Devani

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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Carla DewBerry

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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Kaitlyn DeYoung

Request for Comments on Rulemaking to Implement Firming Reliability Requirements for Electric-Generating Facilities in the ERCOT Region Pursuant to PURA § 39.1592.

Legislative Background - On Friday, 6 June 2025, the Public Utility Commission of Texas (the PUCT or the Commission) released a memorandum detailing the new requirements set forth under House Bill 1500 (HB 1500) (88 Reg…more

Electricity, Energy Policy, Energy Sector, Filing Deadlines, Proposed Rules

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Joanna Diakos

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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Lance Dial

United States: The Great SEC Spring Clean Up–14 Proposals Wiped Away

Spring is a time of renewal, and the US Securities and Exchange Commission (SEC)–under its new chairman, Paul Atkins–has shown that. On 12 June 2025, the SEC withdrew 14 proposed rules impacting funds and asset managers,…more

Asset Management, Cybersecurity, Environmental Social & Governance (ESG), Investment Funds, Investment Management

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Karrie Johnson Diaz

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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Matthew Dicke

Detailed Guidance on New USPTO IDS Size Fees

On 19 January 2025 the USPTO enacted a new Information Disclosure Statement (IDS) size fee. A new IDS size fee, codified under 37 C.F.R. 1.17(v), is accrued for any pending application when the number of cumulative references…more

Disclosure Requirements, Filing Fees, Filing Requirements, Information Disclosure Statement, New Guidance

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George Dickos

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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Rene Diehl

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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Kimberli Diggs

The Essentials—California Employment Law Update for 2025

In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025. Where our team previously published alerts on a particular…more

Anti-Retaliation Provisions, California, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Brandon Dillman

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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Adam Dimasi

Fee Changes for Trade Marks and Designs in Australia – Effective 1 October 2024

IP Australia has implemented fee changes for trade marks and designs from 1 October 2024. What Does It Mean for Intellectual Property (IP) Owners?…more

Australia, Fees, Intellectual Property Protection, Trademark Application, Trademark Registration

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Abby Dinegar

Environmental Justice Update

Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders (EOs)…more

Air Quality Standards, Biden Administration, Department of Justice (DOJ), Enforcement Actions, Environmental Justice

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J. Morgan Dixon

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s…more

Biometric Information, Biometric Information Privacy Act, Consent, Damages, Data Collection

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Richard Dollimore

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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Lauren Norris Donahue

HSR Overhaul Takes Effect: A New Era For Dealmakers

On 10 February 2025, the Federal Trade Commission’s (FTC) overhaul of the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) became effective. The new rules now apply to all reportable…more

Administrative Procedure Act, Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Controls

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Thomas Donovan

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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Fabrizio Dotti

The Italian Law Implementing the EU MiCar Regulation: A "MiFIDisation" of Crypto-Assets?

On 13 September 2024 Legislative Decree no. 129/2024 (Decree no. 129), implementing the MiCAR Regulation (Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets –…more

Banking Sector, Capital Markets, Cryptoassets, Cryptocurrency, Digital Assets

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Hazel Doyle

Europe: ESMA and National Regulators Launch Coordinated Review of Fund Manager Compliance and Internal Audit Functions

On 14 February 2025, the EU’s securities and markets regulator, the European Securities and Markets Authority (ESMA), launched a Common Supervisory Action (CSA) with EU Member State National Competent Authorities (NCAs), in…more

AIFM, Audits, Compliance, EU, European Commission

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Michael Doyle

AI Updates: Committees on Capitol Hill Continue Debate on Future of Emerging Technologies

“And if you study the history of the world, the nations that are the most military and economically domineer [sic] are the nations that are the most innovative,” Sen. Jon Husted (R-OH) remarked at a recent congressional hearing…more

Artificial Intelligence, Congressional Committees, Cybersecurity, Data Centers, Department of Defense (DOD)

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Victoria Pereira Duarte

HSR Overhaul Takes Effect: A New Era For Dealmakers

On 10 February 2025, the Federal Trade Commission’s (FTC) overhaul of the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) became effective. The new rules now apply to all reportable…more

Administrative Procedure Act, Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Controls

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Jon-Luc Dupuy

SEC Extends Compliance Period for the Amended Names Rule

On 14 March 2025, the Securities Exchange Commission (SEC) extended the compliance dates for the amendments to Rule 35d-1 (Amended Names Rule) under the Investment Company Act of 1940, as amended (1940 Act), by six months…more

Compliance, Filing Deadlines, Investment Company Act of 1940, Investment Funds, Regulatory Requirements

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Brett Durham

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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Joshua Durham

United States: The Continuing Shift to Modern Money Transmission Laws

Within the past two months, three states have adopted the Money Transmission Modernization Act (MTMA). The governors of Virginia, Mississippi, and most recently Colorado, signed bills that implement the MTMA, and two other…more

Cryptocurrency, Digital Assets, Financial Services Industry, FinTech, Money Transmitter

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James Durnall

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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J. Ryan Dwyer, III

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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David Easwaran

Detailed Guidance on New USPTO IDS Size Fees

On 19 January 2025 the USPTO enacted a new Information Disclosure Statement (IDS) size fee. A new IDS size fee, codified under 37 C.F.R. 1.17(v), is accrued for any pending application when the number of cumulative references…more

Disclosure Requirements, Filing Fees, Filing Requirements, Information Disclosure Statement, New Guidance

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Neil Eddington

2025 Year-To-Date Review of AI and Employment Law in California

California started 2025 with significant activity around artificial intelligence (AI) in the workplace. Legislators and state agencies introduced new bills and regulations to regulate AI-driven hiring and management tools, and a…more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), California, Employee Rights

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Jonathan Edel

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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David Edgar

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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David Ehrenwerth

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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Pakinam El Badrawi

Navigating the New UAE Competition Law: Moving Towards EU Principles? Part 4—UAE Prohibition on Abuse of Dominant Position and Article 102 of the Treaty on the Functioning of the European Union (TFEU)

Similarly to the Old Law, the New Competition Law prohibits the abuse of a “dominant position” in the relevant market by any undertaking, including acts or conduct aimed at distorting, lessening, restricting, or preventing…more

Antitrust Provisions, Competition, Economic Development, EU, Goods or Services

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Daniel Eliades

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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Rachel Ellenberger

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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Nicola Ellis

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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Dr. Ulrike Elteste

Europe: National Regulators Announce Digital Operational Resilience Act Reporting Windows

EU national supervisory authorities will collect the Register of Information (ROI) pursuant to the EU’s Digital Operational Resilience Act (DORA) from in scope financial entities in April 2025, with the reference date set as 31…more

Cybersecurity, Data Protection, Digital Operational Resilience Act (DORA), EU, European Supervisory Authorities (ESAs)

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Lauren Elvick

California Court of Appeal Ends Headless PAGA Actions in Leeper v. Shipt

The California Court of Appeal, Second Appellate District, in Leeper v. Shipt, Inc., No. B339670, 2024 WL 5251619 (Cal. Ct. App. Dec. 30, 2024) (Leeper) issued a significant decision benefiting employers seeking to enforce…more

Appeals, Appellate Courts, Arbitration, Arbitration Agreements, California

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Jason Engel

Estoppel Estopped?

The Federal Circuit recently resolved a split among the district courts whether patent infringement defendants who bring inter partes review (IPR) challenges are estopped from raising new prior art challenges in a co-pending…more

Appeals, Appellate Courts, Estoppel, Inter Partes Review (IPR) Proceeding, Litigation Strategies

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Amanda Erlandson

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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Jack Erskine, Jr

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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Nicholas Ersoy

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Burak Eryigit

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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Michael Evans

President's Remarks Keep the Pressure on Congress to Deliver on Taxes

President Trump used his 4 March 2025 address to the joint session of Congress to remind the American public and Congressional leaders that he is serious about adding his imprimatur to the tax code—and in the process adding to…more

Budget Reconciliation, Business Taxes, Corporate Taxes, Income Taxes, Internal Revenue Code (IRC)

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Carly Everhardt

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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Maria Faconti

Update—Senate Bill 6: A Texas Bill Impacting Large Load Development in ERCOT

As previously reported, Senator Phil King and Senator Charles Schwertner introduced Texas Senate Bill 6 (SB6) in February 2025. After various amendments and updates, the bill has passed the Texas House and Senate and is now…more

Energy Policy, Energy Projects, Energy Sector, Government Agencies, New Legislation

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Sydney Faehling

“Oops, I was a Broker!?” SEC Cracks Down on Investment Adviser Representatives Acting as Unregistered Brokers

On 14 January 2025, the Securities and Exchange Commission (SEC) announced settled charges against three investment adviser representatives for acting as unregistered brokers in the sale of membership interests in certain…more

Conflicts of Interest, Enforcement Actions, Investment Adviser, Investment Funds, Limited Liability Company (LLC)

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James Fajkowski

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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Clayton Falls

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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Sabrina Fani

The Essentials—California Employment Law Update for 2025

In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025. Where our team previously published alerts on a particular…more

Anti-Retaliation Provisions, California, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Joel Farina

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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Tom Farinelli

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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Jeremy Farr

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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Mark Feczko

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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Tariq Fedda

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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Jonathan Feder

Fashion Law Update – February 2025

In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past year…more

Anti-Money Laundering, Brand, Copyright, Copyright Infringement, Counterfeiting

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Eric Feldman

Breaking CTA Alert—Nationwide Injunction Issued Against US Corporate Transparency Act

On 3 December 2024, Judge Amos Mazzant of the Eastern District of Texas issued a nationwide preliminary injunction with respect to the Corporate Transparency Act (CTA), enjoining enforcement of the CTA as well as the…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Ron Feldman

Middle East: New Saudi Netting Regulation Creating a Buzz

There was a buzz during the joint association conference in Riyadh, Saudi Arabia on the 19 February. A collaboration by ISDA, ISLA and ICMA, the industry associations representing parties that enter into transactions such as…more

Capital Markets, Cross-Border Transactions, Derivatives, Financial Institutions, Financial Regulatory Reform

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Natalie Ferdinand

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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Andrew Feucht, III

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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David Fialkow

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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Georgie Filip

Case Alert: Repetitious Claims in Adjudication

Executive Summary - The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment…more

Adjudicatory Process, Appeals, Australia, Breach of Contract, Construction Disputes

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Mark Filipini

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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David Fine

Breaking CTA Alert—Nationwide Injunction Issued Against US Corporate Transparency Act

On 3 December 2024, Judge Amos Mazzant of the Eastern District of Texas issued a nationwide preliminary injunction with respect to the Corporate Transparency Act (CTA), enjoining enforcement of the CTA as well as the…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Christopher Finnerty

What Really is Surveillance Pricing? The FTC is Trying to Figure It Out

The use of artificial intelligence (AI) in a company’s work processes is not new. AI has automated, innovated, and optimized a business’s processes and outcomes. In recent years, tech firms and consultants have been touting…more

Algorithms, Artificial Intelligence, Consultants, Data Collection, Federal Trade Commission (FTC)

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Dr. Olaf Fiss

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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Liam Fitt

Global Survey of ESG Regulations for Asset Managers - April 2025

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, social, and governance…more

Asset Management, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Investment Adviser

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Alanna Fitzpatrick

State of the Workplace

In this special end of year publication, we take a look back at another tumultuous year in Australian employment law following significant changes. Almost every area of Australian employment law has over the past two years been…more

Anti-Harassment Policies, Australia, Domestic Violence, Employee Rights, Employer Liability Issues

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Colleen Fitzpatrick

Identity Verification—What You Need to Know

Background - The Economic Crime and Corporate Transparency Act 2023 (the Act) seeks to prevent economic crime and to enhance the transparency of companies and other legal entities…more

Anti-Money Laundering, Capital Markets, Corporate Crimes, Corporate Governance, Corporate Misconduct

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Dominic Fleeton

State of the Workplace

In this special end of year publication, we take a look back at another tumultuous year in Australian employment law following significant changes. Almost every area of Australian employment law has over the past two years been…more

Anti-Harassment Policies, Australia, Domestic Violence, Employee Rights, Employer Liability Issues

See all updates »

Erin Fleury

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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Meghan Flinn

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

See all updates »

M. Claire Flowers

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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Lauren Flynn

President's Remarks Keep the Pressure on Congress to Deliver on Taxes

President Trump used his 4 March 2025 address to the joint session of Congress to remind the American public and Congressional leaders that he is serious about adding his imprimatur to the tax code—and in the process adding to…more

Budget Reconciliation, Business Taxes, Corporate Taxes, Income Taxes, Internal Revenue Code (IRC)

See all updates »

Erin Fogarty

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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Martin Folliard

Long-Awaited Changes to Research Misconduct Rules Have Arrived

On 12 September 2024, the Office of Research Integrity (ORI) within the US Department of Health and Human Services (HHS) issued a final rule (Final Rule) that significantly modified the standards, procedures, and requirements…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Final Rules, HHS Office of Research Integrity (ORI), Investigations

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Sally Foreman

Be Wary: Sophisticated Scam Emails Impersonating IP Attorneys

Business owners should be aware of a new email scam circulating impersonating an intellectual property (IP) representative, containing false information, and offering trademark assistance. This nefarious email scam is sent by an…more

Australia, Australian Competition and Consumer Commission (ACCC), Consumer Fraud, Cybersecurity, Data Protection

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David Forney

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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Aimee Foster

ASIC Trialling Fast-Tracked Initial Public Offerings

On 10 June 2025, the Australian Securities and Investment Commission (ASIC) announced that it was commencing a two-year trial of a fast-tracked initial public offering (IPO) process (Fast-Track Process)…more

ASIC, Australia, Capital Markets, Financial Markets, Initial Public Offering (IPO)

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Penny Chen Fox

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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Lael Franco

United States: The Great SEC Spring Clean Up–14 Proposals Wiped Away

Spring is a time of renewal, and the US Securities and Exchange Commission (SEC)–under its new chairman, Paul Atkins–has shown that. On 12 June 2025, the SEC withdrew 14 proposed rules impacting funds and asset managers,…more

Asset Management, Cybersecurity, Environmental Social & Governance (ESG), Investment Funds, Investment Management

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Kimberly Frank

FERC Moves Forward Quickly on Generator Co-Location With Large Loads

During last week’s 20 February 2025 open meeting, the Federal Energy Regulatory Commission (FERC) initiated a show cause proceeding, directing grid operator PJM Interconnection, L.L.C. (PJM) and PJM’s transmission-owning…more

Data Centers, Electricity, Energy Projects, Energy Sector, FERC

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Clare Frederick

USPTO Patent and Trademark Fee Increases

The United States Patent and Trademark Office (USPTO) has announced increased patent and trademark fees effective 19 and 18 January 2025, respectively…more

Fees, Filing Fees, Intellectual Property Protection, Patent Litigation, Patents

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Bart Freedman

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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Eric Freedman

Carbon Quarterly–Volume 10

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 Capture and Sequestration, Carbon Emissions, Clean Energy, Climate Change, Energy Sector

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Lukus Freeman

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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Michael Freno

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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Shannan Frisbie

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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Nicholas Froio

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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Eddie Frost

Australia: APRA Proposes Reforms to Strengthen Governance Standards

The Australian Prudential Regulation Authority (APRA) has proposed reforms to strengthen core prudential standards and guidance on governance, currently set out in SPS 510 Governance, SPS 520 Fit and Proper, and SPS 521…more

Australia, Banking Sector, Board of Directors, Corporate Governance, Financial Institutions

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Jacqueline Fu

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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Stacy Fuller

United States: New Kid on Y’all’s Block

On 31 January 2025, the Texas Stock Exchange LLC (TXSE) filed a registration statement with the US Securities and Exchange Commission (SEC) to operate as a fully electronic, national securities exchange…more

Capital Markets, Competition, Financial Services Industry, Investment, Investors

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Finch Fulton

AI Updates: Committees on Capitol Hill Continue Debate on Future of Emerging Technologies

“And if you study the history of the world, the nations that are the most military and economically domineer [sic] are the nations that are the most innovative,” Sen. Jon Husted (R-OH) remarked at a recent congressional hearing…more

Artificial Intelligence, Congressional Committees, Cybersecurity, Data Centers, Department of Defense (DOD)

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Timothy Furdyna

Natural Gas Bans: From New York to Washington, Courts Shift the Landscape on Legality of State and Local Gas Bans

Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and…more

Appeals, Constitutional Challenges, Energy Policy, Energy Policy and Conservation Act (EPCA), Judicial Authority

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David Fusco

Litigation Minute: Emerging Contaminants: Defending Litigation

What You Need to Know in a Minute or Less - Effectively defending emerging contaminant litigation requires counsel capable of navigating extremely complex scientific issues related to causation, while also not losing sight of…more

Causation, Damages, Environmental Litigation, Expert Testimony, Litigation Strategies

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Andrew Gaffney

ASIC Trialling Fast-Tracked Initial Public Offerings

On 10 June 2025, the Australian Securities and Investment Commission (ASIC) announced that it was commencing a two-year trial of a fast-tracked initial public offering (IPO) process (Fast-Track Process)…more

ASIC, Australia, Capital Markets, Financial Markets, Initial Public Offering (IPO)

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John Galgano

USPTO Discontinuing the Accelerated Examination Program for Utility Applications

On 10 June 2025, the US Patent and Trademark Office (USPTO) published a Final Rule announcing the discontinuation of the Accelerated Examination program for utility applications beginning 10 July 2025. The change affects the…more

Accelerated Examination Program, Filing Requirements, Final Rules, Patent Applications, Patents

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Declan Gallivan

Consumer Rights Can Render an Otherwise Valid Arbitration Award Unenforceable

A warning to all consumer-facing businesses: the UK’s Court of Appeal has upheld the enforcement of a US$64 million Hong Kong-seated arbitration award against a Mrs Zhang, rejecting her argument that she was protected by the UK…more

Arbitration, Arbitration Awards, Commercial Court, Dispute Resolution, International Arbitration

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Vince Galluzzo

Estoppel Estopped?

The Federal Circuit recently resolved a split among the district courts whether patent infringement defendants who bring inter partes review (IPR) challenges are estopped from raising new prior art challenges in a co-pending…more

Appeals, Appellate Courts, Estoppel, Inter Partes Review (IPR) Proceeding, Litigation Strategies

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Ashley Gammell

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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John Gardner

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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Brody Garland

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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Pamela Garvie

House Bipartisan Task Force on Artificial Intelligence Report

In February 2024, the House of Representatives launched a bipartisan Task Force on Artificial Intelligence (AI). The group was tasked with studying and providing guidance on ways the United States can continue to lead in AI and…more

Algorithms, Artificial Intelligence, Consumer Privacy Rights, Data Centers, Data Privacy

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Trevor Gates

Talking Sports Law: A Conversation with Grecia Barboza, San Francisco 49ers Counsel

On this episode of Talking Sports Law, host Trevor Gates and co-host John Wilson are joined by Grecia Barboza, Counsel for the San Francisco 49ers (National Football League)…more

Advertising, Athletes, California, Corporate Counsel, Endorsements

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Volker Gattringer

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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John Gavin

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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Michael Gearin

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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Scott Gelbman

AI Updates: Committees on Capitol Hill Continue Debate on Future of Emerging Technologies

“And if you study the history of the world, the nations that are the most military and economically domineer [sic] are the nations that are the most innovative,” Sen. Jon Husted (R-OH) remarked at a recent congressional hearing…more

Artificial Intelligence, Congressional Committees, Cybersecurity, Data Centers, Department of Defense (DOD)

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Daniel St George

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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Robert George

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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Natalie Georgiev

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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Shane Geraghty

Europe: Ireland Agrees Mutual Recognition of Funds Framework With Hong Kong

The Central Bank of Ireland (CBI) and the Securities and Futures Commission of Hong Kong (SFC) entered into a Memorandum of Understanding on 14 May 2025 establishing a framework for the mutual recognition of funds (MRF) between…more

Capital Markets, Cross-Border Transactions, EU, Financial Institutions, Hong Kong

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Simas Gerdvila

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

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C. Todd Gibson

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Cal Gilmartin

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Isaac Gilmore

Australia: Full Federal Court Finds in Favour of ASIC Appeal Concerning the Scope of the “Authorised Representative” Exemption

The Full Federal Court (the Court) has ruled in favour of the Australian Securities and Investments Commissions’ (ASIC) appeal as to whether BPS Financial Pty Ltd (BPS) could rely on the ‘authorised representative’ exemption in…more

Appeals, ASIC, Australia, Consumer Financial Products, Financial Services Industry

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Frederic Giordano

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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Valeria Giorgetti

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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Rick Giovannelli

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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Peter Giunta

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

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Andrew Glass

Loper Bright Strikes Again: Eleventh Circuit Hangs Up on FCC's One-to-One Consent Rule, Calling the Validity of Other TCPA Rules Into Question

The Eleventh Circuit Court of Appeals recently vacated the Federal Communications Commission’s 2023 “one-to-one consent rule” under the Telephone Consumer Protection Act (TCPA). In Insurance Marketing Coalition, Ltd. v. Federal…more

Appeals, Consent, FCC, Regulatory Authority, Robocalling

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Peter Gleason

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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Cordelia Glenn Grabiak

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

501(c)(3), Articles of Incorporation, Board Meetings, Board Members, Board of Directors

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Matthew Goeller

The Continued Evolution of Caremark Oversight Liability

In the last year, Delaware courts have issued several notable opinions that further define—and in some cases expand—the scope of liability for failures of oversight at a corporation. Claims by shareholders that one or more…more

Corporate Counsel, Corporate Governance, Corporate Liability, Corporate Officers, DE Supreme Court

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Dr. Julia Goetz

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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Jennifer Gonzalez

SEC Policy Shift and Recent Corp Fin Updates–Part 3

SEC Issues New Guidance on Exclusion of Shareholder Proposals - Since the beginning of the year, the US Securities and Exchange Commission’s (SEC) Division of Corporation Finance staff (Corp Fin Staff) has issued several…more

Corporate Governance, Environmental Social & Governance (ESG), New Guidance, Proxy Statements, Regulatory Reform

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Sara Rayon Gonzalez

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

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Stephanie Goodlet

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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Christina Goodrich

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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Bart Gordon

[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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Stacey Gorman

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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Mark Goshko

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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Brian Graham

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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James Gray

Full Cost Recovery Proposed for Application Fees Under Australia's Mandatory Merger Clearance Regime

The Australian Treasury and the Australian Competition and Consumer Commission (ACCC) has released a consultation paper in which it proposes a full cost recovery regime for application fees under Australian's new mandatory…more

Acquisitions, Application Fees, Australia, Australian Competition and Consumer Commission (ACCC), Fees

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James Green

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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Daniel Greenaway

Europe: UK’s FCA Intensifies Scrutiny on Private Markets Valuations

The UK’s Financial Conduct Authority has published the findings of its multi-firm review of valuation processes for private market assets. This review follows the highlighting of vulnerabilities in private markets stemming, in…more

Conflicts of Interest, Financial Conduct Authority (FCA), Financial Markets, Fund Managers, Investment Funds

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Kevin Greene

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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Amy Greer

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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Geoffrey Greeves

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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Eiko Grieger

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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Tobias Gries LL.M.

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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Tony Griffiths

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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Will Grinter

Victorian Government to Extend the Temporary Off-the-Plan Duty Concession

As part of the 2025–2026 Victorian State Budget announced on 20 May 2025, the Victorian government has confirmed that it intends to extend the availability of an expanded off-the-plan stamp duty concession for a further 12-month…more

Apartments, Australia, Housing Developers, Housing Market, Investors

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Amy Groff

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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Pamela Grossetti

SEC Marketing Rule FAQs Yield New Guidance

On 19 March 2025, the Securities and Exchange Commission staff issued updated frequently asked questions (FAQs) relating to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Marketing Rule) (available here). Broadly,…more

Disclosure Requirements, Investment Adviser, Investment Advisers Act of 1940, Marketing, New Guidance

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Angus Groves

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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Aurelija Grubyte

Flick the Switch Board: Get Plugged into the Latest UK Guidance on EEE and WEEE

Waste treatment, recycling and take back obligations in relation to electrical and electronic equipment (EEE) and waste of such electrical and electronic equipment (WEEE) have long been a focus area for EU regulators, and now we…more

Enforcement Actions, Environmental Policies, EU, Hazardous Substances, Recycling

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Dr. Matthias Grund LL.M.

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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Max Gu

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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Philip Guess

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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Ayman Guirguis

Full Cost Recovery Proposed for Application Fees Under Australia's Mandatory Merger Clearance Regime

The Australian Treasury and the Australian Competition and Consumer Commission (ACCC) has released a consultation paper in which it proposes a full cost recovery regime for application fees under Australian's new mandatory…more

Acquisitions, Application Fees, Australia, Australian Competition and Consumer Commission (ACCC), Fees

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Kevin Gustafson

United States: New Kid on Y’all’s Block

On 31 January 2025, the Texas Stock Exchange LLC (TXSE) filed a registration statement with the US Securities and Exchange Commission (SEC) to operate as a fully electronic, national securities exchange…more

Capital Markets, Competition, Financial Services Industry, Investment, Investors

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Win Gustin

Federal Banking Regulators Adopt a Permissive Stance on Cryptocurrency

The federal banking regulators have each recently adopted a more permissive approach to the regulation of cryptocurrency activities within the banking sector. The Office of the Comptroller of the Currency (OCC), the Federal…more

Banking Sector, Banks, Cryptoassets, Cryptocurrency, Digital Assets

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John Hagan

Breaking CTA Alert—Nationwide Injunction Issued Against US Corporate Transparency Act

On 3 December 2024, Judge Amos Mazzant of the Eastern District of Texas issued a nationwide preliminary injunction with respect to the Corporate Transparency Act (CTA), enjoining enforcement of the CTA as well as the…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Michael Haggerson

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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Reine Haidar

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

See all updates »

Michael Hain

April 2025 ESG Policy Update—Australia

Australian Update - ASIC Publishes Regulatory Guidance for New Sustainability Reporting Requirements - On 31 March 2025, the Australian Securities and Investments Commission (ASIC) published its Regulatory Guide 280…more

Australia, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Institutions

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Sana Hakim

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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Inga Hall

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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Sara Hall

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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Theo Hall

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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Julie Anne Halter

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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Erik Halverson

First Denial Based on USPTO’s New Discretionary Denial Factors

Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv…more

Inter Partes Review (IPR) Proceeding, Judicial Authority, New Guidance, Patent Applications, Patent Litigation

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Elise Vrijens

The New Australian Statutory Tort for Serious Invasions of Privacy – What Does It Currently Look Like?

On 12 September 2024, the long awaited statutory tort for serious invasions of privacy has been revealed in Schedule 1 to the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Bill). Please see our previous…more

Australia, Defamation, Invasion of Privacy, Journalists, Media

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Alison Hamer

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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Lauren Hamma

Trump 2.0 Executive Orders; Shock and Awe

Overview - Since his inauguration on 20 January 2025, President Donald J. Trump has signed dozens of executive orders and presidential memoranda on topics including, but not limited to, energy and the environment; immigration;…more

Biden Administration, Climate Change, Energy Sector, Environmental Policies, Executive Orders

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Victoria Hamscho

House Bipartisan Task Force on Artificial Intelligence Report

In February 2024, the House of Representatives launched a bipartisan Task Force on Artificial Intelligence (AI). The group was tasked with studying and providing guidance on ways the United States can continue to lead in AI and…more

Algorithms, Artificial Intelligence, Consumer Privacy Rights, Data Centers, Data Privacy

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Paul Hancock

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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Paul Hardman

State of the Workplace

In this special end of year publication, we take a look back at another tumultuous year in Australian employment law following significant changes. Almost every area of Australian employment law has over the past two years been…more

Anti-Harassment Policies, Australia, Domestic Violence, Employee Rights, Employer Liability Issues

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Richard Hardwick

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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Stephen Hardy

New Year's Resolutions for Employment, Industrial Relations, and Work Health and Safety

A few New Year’s Resolutions from an employment, industrial relations and work health and safety perspective as we kick off 2025…more

Australia, Employee Definition, Independent Contractors, Labor Reform, Mental Health

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Michael Culhane Harper

The FCPA is Back—What Companies Need to Know About DOJ's New America-First Enforcement Priorities

On 9 June 2025, Deputy Attorney General Todd Blanche released a memo (the Blanche Memo) detailing the long-awaited enforcement guidelines on how the Department of Justice (DOJ) under Attorney General Pam Bondi will enforce the…more

Bribery, Cartels, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Michael Harris

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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Barry Hart

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

501(c)(3), Articles of Incorporation, Board Meetings, Board Members, Board of Directors

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Michael Hart

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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Barry Hartman

Trump Administration Dials Up Deregulation

President Donald Trump has made reducing the size and scope of the federal government a central part of his second-term agenda. Toward that end, in recent days the Trump administration has taken aggressive steps toward…more

Administrative Procedure Act, Deregulation, Energy Sector, Environmental Policies, Executive Orders

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David Hartnett

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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Dr. Wilhelm Hartung

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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Alicia Hawley

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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Jordan Hawthorne

Key Takeaways From the UK Financial Conduct Authority's Revised Enforcement Guide

Following a two-part consultation, which began in February 2024 (i.e., CP 24/2 and CP 24/2: Part 2) and was accompanied by a Policy Statement (PS25/5) setting out the UK Financial Conduct Authority’s (FCA) consultation response,…more

Disclosure Requirements, Enforcement Actions, Enforcement Guidance, Financial Conduct Authority (FCA), Financial Institutions

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Jason Haycock

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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Natalie Hazzard

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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Brian Healey

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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Claire Healy

Illinois Anti-Discrimination Law to Address AI Goes Into Effect on 1 January 2026

Effective 1 January 2026, Illinois House Bill 3773 (HB 3773) amends the Illinois Human Rights Act, (IHRA) to expressly prohibit employers from using artificial intelligence (AI) that “has the effect of subjecting employees to…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Bias, Employees

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Bonny Hedderly

Interim Statement on ‘54 Act Reform

Summary - The Law Commission has issued an interim statement on the reform of the Landlord and Tenant Act 1954 (the Act). Its initial consultation addressed the “contracting-out” model, types of tenancy and duration of tenancy…more

Commercial Leases, Commercial Real Estate Market, Contract Terms, Landlords, Leaseholds

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Michael Hedge

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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Rhys Hefta

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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Bruce Heiman

House ESG Oversight Focuses on Proxy Voting; Issuer Attention Is on CSRD

Introduction - Throughout the 118th Congress, the US House of Representatives (House) has remained focused on oversight of environmental, social and governance (ESG) issues. In particular, the House Financial Services Committee…more

Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG), Regulatory Oversight

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Mark Heine

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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Abigail Hemnes

SEC Extends Compliance Period for the Amended Names Rule

On 14 March 2025, the Securities Exchange Commission (SEC) extended the compliance dates for the amendments to Rule 35d-1 (Amended Names Rule) under the Investment Company Act of 1940, as amended (1940 Act), by six months…more

Compliance, Filing Deadlines, Investment Company Act of 1940, Investment Funds, Regulatory Requirements

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Ruth Hennessy

Europe: National Regulators Announce Digital Operational Resilience Act Reporting Windows

EU national supervisory authorities will collect the Register of Information (ROI) pursuant to the EU’s Digital Operational Resilience Act (DORA) from in scope financial entities in April 2025, with the reference date set as 31…more

Cybersecurity, Data Protection, Digital Operational Resilience Act (DORA), EU, European Supervisory Authorities (ESAs)

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Sebastian Herbst

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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Benjamin Heuberger Ph.D.

USPTO Patent and Trademark Fee Increases

The United States Patent and Trademark Office (USPTO) has announced increased patent and trademark fees effective 19 and 18 January 2025, respectively…more

Fees, Filing Fees, Intellectual Property Protection, Patent Litigation, Patents

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Adam Heyd

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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Robert Higdon Jr.

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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Sean Higgins

Understanding the Massachusetts Supreme Judicial Court’s Decision in Attorney General v. Town of Milton

Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail,…more

Affordable Housing, Constitutional Challenges, Enforcement Actions, Judicial Authority, Judicial Review

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Rebekah Hill

First Denial Based on USPTO’s New Discretionary Denial Factors

Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv…more

Inter Partes Review (IPR) Proceeding, Judicial Authority, New Guidance, Patent Applications, Patent Litigation

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Steven Hill

The Trump Administration Announces Trade Agreement With China

On Thursday, 8 May, shortly after the announcement of the trade agreement with the United Kingdom and the United States, US Trade Representative Jamieson Greer and Treasury Secretary Scott Bessent provided additional details on…more

China, Executive Orders, Imports, International Trade, Section 301

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Michael Hinckle

FDA Revokes Authorization for the Use of Red Dye No. 3 in Food and Ingestible Drugs

On 15 January 2025, the US Food and Drug Administration (FDA) announced that it will revoke the color additive authorization for use of FD&C Red No. 3 in food (including dietary supplements) and ingestible drugs. This ban…more

California, Cancer, Drug Safety, Federal Food Drug and Cosmetic Act (FFDCA), Final Rules

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Carl Hinze

AUKUS Series—Part 1: What is AUKUS?

On 15 September 2021, Australia, the United Kingdom (UK), and the United States (US) (each a member State) announced AUKUS as a new security partnership that will promote a free and open Indo-Pacific that is secure and stable…more

AUKUS, Australia, Defense Sector, Export Controls, Exports

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Clifford Histed

NFA Proposes Guidance on Diligent Supervision of Associated Persons

UPDATE: On 1 May 2025, NFA withdrew Interpretive Notice 9083. The guidance remains available on NFA’s website for industry participants’ review…more

CFTC, Compliance, Derivatives, Due Diligence, Enforcement Actions

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Jesher Ho

Managing Artificial Intelligence: The Monetary Authority of Singapore's Recommendations on AI Model Risk Management

Introduction and Background - On 5 December 2024, as part of the Monetary Authority of Singapore’s (MAS) incremental efforts to ensure responsible use of artificial intelligence (AI) in Singapore’s financial sector, MAS…more

Artificial Intelligence, Banks, Corporate Governance, Data Privacy, Data Protection

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William Ho

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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J. Timothy Hobbs

Trump Administration Asserts Control Over Independent Agencies

The Trump administration has taken two actions that will dramatically increase White House control over federal commissions, boards, and officials that were previously considered independent. These actions are likely to impact a…more

Chevron Deference, Constitutional Challenges, Consumer Product Safety Commission (CPSC), Department of Justice (DOJ), Executive Orders

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Brent Hockaday

Pared Back Version of the Texas Responsible Artificial Intelligence Governance Act Signed Into Law

On 22 June 2025, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) (HB 149) was signed into law by Governor Greg Abbott. TRAIGA takes effect on 1 January 2026…more

Algorithms, Artificial Intelligence, Disclosure Requirements, Employer Responsibilities, Employment Discrimination

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Nicholas Hodge

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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Dr. Michael Hofmann, LL.M.

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

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A. Lee Hogewood III

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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Shawn Hogue

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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Christine DeMaere Hoke

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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Ben Holland

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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Tre Holloway

The Post-Chevron Toolkit: The New Era for Regulatory Review

In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to federal…more

Administrative Agencies, Administrative Authority, Chevron Deference, Government Agencies, Judicial Authority

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William Holmes

Proposed Renewable Regulations in Texas Might Trigger Force Majeure and Change in Law Clauses

The renewable energy industry in the United States is facing new headwinds in the form of state legislation that could delay, disincentivize, or even potentially prevent the completion of planned solar and wind projects. For…more

Contract Terms, Energy Projects, Force Majeure Clause, Permits, Proposed Legislation

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Kenneth Holston

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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Robert Honeywell

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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Tyler Hong Shik Won

How to Successfully Transfer Your Manufacturing Plant From Mexico to the United States

President Trump’s promise to impose a new 25% tariff on goods produced in Mexico has prompted many companies to consider alternatives to their current or planned operations in Mexico. The decades following the 1994 North…more

Foreign Direct Investment, Foreign Investment, Imports, Incentives, International Trade

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Brian Hopkins

The Trump Administration Announces Trade Agreement With China

On Thursday, 8 May, shortly after the announcement of the trade agreement with the United Kingdom and the United States, US Trade Representative Jamieson Greer and Treasury Secretary Scott Bessent provided additional details on…more

China, Executive Orders, Imports, International Trade, Section 301

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Shani Horii-Watson

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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Takahiro Hoshino

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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Paul Hotchkiss

FinCEN's New Reporting Requirements for Nonfinanced Residential Real Estate Transactions

Effective 1 December 2025, the Financial Crimes Enforcement Network (FinCEN) will implement comprehensive nationwide regulations aimed at increasing transparency and combating money laundering in the United States residential…more

Anti-Money Laundering, Beneficial Owner, Filing Requirements, Final Rules, FinCEN

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Robert Houston

7th Edition of the SIAC Rules: Defining the Future of SIAC Arbitration

Introduction - The Singapore International Arbitration Centre (SIAC) has launched the 7th Edition of its Arbitration Rules (the 2025 Rules), which took effect on 1 January 2025. The 2025 Rules represent a major update of the 6th…more

Arbitration, Arbitration Agreements, Arbitration Fees, Contract Terms, Dispute Resolution

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Betsy-Ann Howe

How President Trump's "One Big Beautiful Bill" Will Impact Businesses in Australia

Retaliatory tax provisions contained in H.R. 1, the “One Big Beautiful Bill Act” that recently passed the US House of Representatives, if enacted, would drastically impact common cross-border transactions, including US…more

Australia, Cross-Border Transactions, Foreign Investment, Passive Investments, Tax Cuts and Jobs Act

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Nathan Howe

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

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Cheryl Hsieh

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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Yiqing Huang

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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Nolan Hubbard

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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Shane Hubbard

Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training

The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025…more

Artificial Intelligence, Authors, Copyright, Copyright Litigation, Intellectual Property Protection

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Gabriel Huey

The Essentials—California Employment Law Update for 2025

In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025. Where our team previously published alerts on a particular…more

Anti-Retaliation Provisions, California, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Nathan Huff

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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Dr. Rüdiger von Hülst

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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Courtney Hunter

EU and UK Sanctions Briefing: The Luxury Goods Sector

The Impact of the EU and UK Russian Sanctions Regime on the Luxury Goods Sector - As the EU and UK Russian sanctions regimes continue to evolve, export controls are now affecting industries previously not often subject to such…more

Economic Sanctions, Enforcement Actions, EU, Export Controls, Exports

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Alexander Hurt

Corporate Transparency Act Requires Action by Year End: Your Estate Plan Could Be Impacted

If you manage or own an interest in a limited liability company (LLC) or another type of entity that does not already have a public filing requirement (a Reporting Company), you may be subject to a reporting requirement under…more

Beneficial Owner, Business Entities, Compliance, Corporate Transparency Act, Disclosure Requirements

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Yamilet Hurtado

EEOC and DOJ Clarify the Federal Government's Enforcement Priorities As to Dei-Related Workplace Discrimination

On 19 March 2025, the US Equal Opportunity Commission (EEOC) and Department of Justice (DOJ) issued two technical assistance documents clarifying what workplace diversity, equity, and inclusion (DEI) programs and practices the…more

Civil Rights Act, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Adam Husik

Unauthorized Seller Reviews—Another Tool to Combat Unauthorized Sellers and Protect Your Brand

Unauthorized sellers can damage your brand in many ways. One way is in relation to customer reviews of your products. Unauthorized sellers provide poor customer service, use poor or incorrect content and marketing assets, and…more

Brand, Fake Reviews, Federal Trade Commission (FTC), Online Marketplace, Online Reviews

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Amjad Hussain

Historic US Presidential Visit to the Middle East

The President of the United States, Donald Trump, recently concluded a landmark tour of the Gulf Cooperation Council (GCC) visiting Saudi Arabia, Qatar, and the United Arab Emirates (UAE). This was his first official foreign…more

Aircraft, Artificial Intelligence, Export Controls, Foreign Investment, Gulf Cooperation Council (GCC)

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Stacey Hyman

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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Tucker Idol

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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Kathy Kresch Ingber

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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Cheryl Isaac

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

See all updates »

James Jago

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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Hannah Jankiewicz

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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Madison Jeffreys

ASIC Appeals Full Federal Court's Finding in Favour of Block Earner: Key Takeaways for Crypto Companies

The crypto-asset industry has undergone unparalleled expansion and growth in recent years, leaving regulators globally grappling with how to keep up and enforce the existing regulatory frameworks. In Australia, the crypto-asset…more

ASIC, Australia, Contract Terms, Cryptocurrency, Digital Assets

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Kelsey Jernigan

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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Xue Jiang

Adapting to Change: Understanding China's Updated Export Control Framework for Dual-Use Items

Since its implementation on 1 December 2020, the Export Control Law of the People’s Republic of China (the Export Control Law), has established a comprehensive framework for China’s export control system. To further streamline…more

China, Dual Use Goods, Export Controls, Exports

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Christine Jochim

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform…more

Clean Air Act, Clean Water Act, Energy Projects, Environmental Impact Statements, Environmental Litigation

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Elizabeth Johnson

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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France Beard Johnson

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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Thomas Johnson

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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Mary Beth Johnston

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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Sean Jones

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Anu Jose

Asia: MAS Consults on Retail Access to Private Market Investment Funds

On 27 March 2025, the Monetary Authority of Singapore (MAS) issued a consultation paper on a proposed regulatory framework to allow retail investors to access private market investments through authorised long-term investment…more

Asset Management, Financial Markets, Investment Funds, Investment Management, Long-Term Investment Funds

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Lisa Ju

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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Derek Kalbfleisch

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

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Tess Kane

Full Cost Recovery Proposed for Application Fees Under Australia's Mandatory Merger Clearance Regime

The Australian Treasury and the Australian Competition and Consumer Commission (ACCC) has released a consultation paper in which it proposes a full cost recovery regime for application fees under Australian's new mandatory…more

Acquisitions, Application Fees, Australia, Australian Competition and Consumer Commission (ACCC), Fees

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Jessica Kang

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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Donald Kaplan

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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Vanuhi Karapetian

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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Shoshannah Katz

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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Kathleen Keating

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

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Kenneth Kecskes

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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Derek Kelley

HSR Overhaul Takes Effect: A New Era For Dealmakers

On 10 February 2025, the Federal Trade Commission’s (FTC) overhaul of the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) became effective. The new rules now apply to all reportable…more

Administrative Procedure Act, Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Controls

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John Kelly

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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Clare Kempkens

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

See all updates »

Mary Scott Kennedy

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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Richard Kerr

United States: SEC’s Division of Corporation Finance Clarifies That Participation in Certain Proof-Of-Stake Activities Does Not Require SEC Registration

On 29 May 2025, the SEC’s Division of Corporation Finance (the Division) issued a guidance statement (Statement) related to certain protocol staking activities. The Statement addresses the impact of federal securities laws on…more

Broker-Dealer, Cryptoassets, Cryptocurrency, Digital Assets, Investment

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Jacqueline Kett

Detailed Guidance on New USPTO IDS Size Fees

On 19 January 2025 the USPTO enacted a new Information Disclosure Statement (IDS) size fee. A new IDS size fee, codified under 37 C.F.R. 1.17(v), is accrued for any pending application when the number of cumulative references…more

Disclosure Requirements, Filing Fees, Filing Requirements, Information Disclosure Statement, New Guidance

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Mira Khalaf

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

See all updates »

Ahmad Khalis

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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Sophia Khan

The FCPA is Back—What Companies Need to Know About DOJ's New America-First Enforcement Priorities

On 9 June 2025, Deputy Attorney General Todd Blanche released a memo (the Blanche Memo) detailing the long-awaited enforcement guidelines on how the Department of Justice (DOJ) under Attorney General Pam Bondi will enforce the…more

Bribery, Cartels, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Bilal Khattab

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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Simon Kiburg

ASIC Appeals Full Federal Court's Finding in Favour of Block Earner: Key Takeaways for Crypto Companies

The crypto-asset industry has undergone unparalleled expansion and growth in recent years, leaving regulators globally grappling with how to keep up and enforce the existing regulatory frameworks. In Australia, the crypto-asset…more

ASIC, Australia, Contract Terms, Cryptocurrency, Digital Assets

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Donald Kiel

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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Ben Kiernan-Green

Proposed Amendments to the Associations Incorporations Act 2015

Background - On 19 September 2024, the Parliament of Western Australia introduced the Associations and Co-operatives Legislation Amendment Bill 2024 (Bill). The Bill makes amendments to the Associations Incorporation Act…more

Australia, Business Entities, Corporate Governance, Corporate Restructuring, Personal Information

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Su Yun Kiew

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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Henry Kim

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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Rebecca Kim

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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Jeffrey S. King

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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Martin King

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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Michael King

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries; some…more

Breach of Contract, Contract Disputes, Contract Terms, Dispute Resolution, Force Majeure Clause

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Kayla King-Heyer

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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Harry Kingsley

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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Remsen Kinne

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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William Kirk

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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Boris Kläsener

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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Jennifer Klass

United States: SEC’s Approach to Artificial Intelligence Begins to Take Shape

On 27 March 2025, the US Securities and Exchange Commission (SEC) hosted a roundtable on Artificial Intelligence (AI) in the financial industry that was designed to solicit feedback on the risks, benefits and governance of AI…more

Artificial Intelligence, Broker-Dealer, Data Security, Financial Services Industry, Fraud

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Mark Knedeisen

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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Ben Kneebush

Australia: Compensation Scheme of Last Resort (CSLR)

Underfunded From Inception - The operator of CSLR has released the latest actuarial report commissioned on the scheme and the initial estimates of projected levies for 2025 / 26 (3rd levy period), triggering widespread concern…more

Australia, Enforcement Actions, Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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Daniel Knight

ASIC Appeals Full Federal Court's Finding in Favour of Block Earner: Key Takeaways for Crypto Companies

The crypto-asset industry has undergone unparalleled expansion and growth in recent years, leaving regulators globally grappling with how to keep up and enforce the existing regulatory frameworks. In Australia, the crypto-asset…more

ASIC, Australia, Contract Terms, Cryptocurrency, Digital Assets

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Jordan Knight

What a Relief! Co-Investments Get Easier for Interval Funds, Tender Offer Funds, and Business Development Companies

The US Securities and Exchange Commission (SEC) has approved a streamlined framework for co-investments involving certain closed-end funds and business development companies (together, Regulated Funds)…more

Board of Directors, Business Development Companies, Corporate Governance, Investment Adviser, Investment Funds

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Scott Kobil

Supreme Court Invalidates "Background Circumstances" Rule in Title VII Cases

On 5 June 2025, the Supreme Court ruled in Ames v. Ohio Department of Youth Services that, in order to establish a Title VII claim, a plaintiff who is a member of a “majority group” is not required to show “background…more

Affirmative Action, Ames v Ohio Department of Youth Services, Discrimination, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Gary Kocher

Breaking CTA Alert—Nationwide Injunction Issued Against US Corporate Transparency Act

On 3 December 2024, Judge Amos Mazzant of the Eastern District of Texas issued a nationwide preliminary injunction with respect to the Corporate Transparency Act (CTA), enjoining enforcement of the CTA as well as the…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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J.D. Koesters

New Executive Order Bolsters the Nation's Cyber Defenses

In a significant move to bolster the United States’ cybersecurity framework, President Biden issued an executive order (EO) on 16 January 2025 titled “Strengthening and Promoting Innovation in the Nation’s Cybersecurity” days…more

Cybersecurity, Data Privacy, Data Protection, Executive Orders, National Security

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Michael Komo

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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George Kontakis

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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Theodore Kornobis

Clearer Carrots and More Restrained Sticks: Key Updates to DOJ Corporate Enforcement Policies

“The Criminal Division is turning a new page on white-collar and corporate enforcement.” So pronounced the head of the US Department of Justice (DOJ) Criminal Division, Matthew Galeotti, in a recent speech rolling out several…more

Corporate Governance, Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Charlotte Kouo

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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Milos Kovacevic

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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Steven Kowal

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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John Krill Jr.

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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Jeffrey Kucera

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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Philip Kunz

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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Anna L'Hommedieu

Private Equity Firms Should Prepare for Increased Scrutiny as DOJ Puts False Claims Violations Under the Microscope

Private equity investment in health care has grown significantly over the past two decades, and the US government is starting to pay attention. Recent announcements by the US Department of Justice (DOJ) and proposals by Congress…more

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

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Anthony La Rocco

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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Stefanie Lacy

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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Joseph Lagrotteria

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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Yesi Lagunas

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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Rebecca Laird

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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Naeha Lal

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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Alvin Lam

Hong Kong SFC’s New Roadmap to Develop Hong Kong as a Global Virtual Asset Hub: ASPIRe

The Hong Kong Securities and Futures Commission (SFC) has recently unveiled a growth plan for the virtual asset (VA) industry, outlined in a five-pillar roadmap called “A-S-P-I-Re.” This roadmap consists of 12 initiatives…more

Blockchain, Cryptocurrency, Digital Assets, Financial Services Industry, FinTech

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Stavroula Lambrakopoulos

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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Dawn Lamparello

EPA Provides Update on PFAS Drinking Water Standards

On 14 May 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s plan to address the National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS)…more

CERCLA, Compliance, Drinking Water, Environmental Protection Agency (EPA), Final Rules

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Murray Landis

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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Nicola Lane

Who Knew? Some Leases Will Automatically Be ‘Destroyed' Simply Because the Land Being Leased Is Sold. If Potential Lease ‘Destruction' Matters to You, How Can You Best Solve That Problem?

We continue to be asked to explain how it is even possible that some leases can be ‘destroyed’ simply because the land being leased is sold. So, it is timely we revisit and explain this lease ‘destruction’ risk and how you can…more

Australia, Buyers, Contract Terms, Land Owners, Landlords

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Sally Langan

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another Round

Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the…more

Antitrust Litigation, Antitrust Violations, Competition, Enforcement Actions, Federal Trade Commission (FTC)

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Harrison Langsford

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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Kari Larson

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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Marguerite Laurent

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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Lisa Lautier

May 2025 ESG Policy Update—Australia

AUSTRALIAN UPDATE - ESG-Related Policy in Australia Under the Newly Re-Elected Labor Government - On 3 May 2025, the incumbent Labor government, led by Prime Minister Anthony Albanese, won re-election to a second consecutive…more

Australia, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

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Niall Lavery

Lawn and Order: Major Steps Against Greenwashing in Europe

A new and powerful wave of “greenwashing” bans will sweep the European Union (EU) shortly. The EU’s Green Claims Directive and Greenwashing Directive (together, the Green Directives) are key legislative tools being introduced in…more

Climate Change, Compliance, Corporate Governance, Corporate Social Responsibility, Environmental Policies

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Tracy Lawless

AI Updates: Committees on Capitol Hill Continue Debate on Future of Emerging Technologies

“And if you study the history of the world, the nations that are the most military and economically domineer [sic] are the nations that are the most innovative,” Sen. Jon Husted (R-OH) remarked at a recent congressional hearing…more

Artificial Intelligence, Congressional Committees, Cybersecurity, Data Centers, Department of Defense (DOD)

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Brendan Lawlor

Environmental Justice Update

Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders (EOs)…more

Air Quality Standards, Biden Administration, Department of Justice (DOJ), Enforcement Actions, Environmental Justice

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John Lawrence

First Circuit Adopts But-For Causation Standard for Kickback-Premised False Claims Act Actions

On 18 February 2025, the First Circuit Court of Appeals issued its decision in United States v. Regeneron Pharmaceuticals, Inc., determining that “but-for” causation is the proper standard for False Claims Act (FCA) actions…more

Anti-Kickback Statute, Causation, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Jonathan Lawrence

Sweeping Changes to Company Registration in the United Kingdom to Increase Transparency of Companies and the Integrity of the Register

Background - The Economic Crime and Corporate Transparency Act (2023) (the Act) introduces the most significant changes to Companies House since corporate registrations were established in 1844. It is a new UK law that aims to…more

Asset Management, Board of Directors, Business Entities, Business Ownership, Corporate Governance

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Ruth Lecher

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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William LeDoux

Recent Changes to Washington State Tax Laws Will Increase Taxes for Many Taxpayers

In May 2025, Washington Governor Bob Ferguson signed into law several bills that will impact both individual and business taxpayers. Although the changes are likely to increase many taxpayers’ Washington tax bills, some…more

B&O Tax, Business Taxes, Capital Gains Tax, New Legislation, Sales Tax

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Cecilia Lee

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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Jay Lee

Hong Kong SFC’s New Roadmap to Develop Hong Kong as a Global Virtual Asset Hub: ASPIRe

The Hong Kong Securities and Futures Commission (SFC) has recently unveiled a growth plan for the virtual asset (VA) industry, outlined in a five-pillar roadmap called “A-S-P-I-Re.” This roadmap consists of 12 initiatives…more

Blockchain, Cryptocurrency, Digital Assets, Financial Services Industry, FinTech

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Ryan Lee

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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Sang-yul Lee

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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Craig Leen

Trump Administration Dials Up Deregulation

President Donald Trump has made reducing the size and scope of the federal government a central part of his second-term agenda. Toward that end, in recent days the Trump administration has taken aggressive steps toward…more

Administrative Procedure Act, Deregulation, Energy Sector, Environmental Policies, Executive Orders

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Shaina Lefkowitz

What Really is Surveillance Pricing? The FTC is Trying to Figure It Out

The use of artificial intelligence (AI) in a company’s work processes is not new. AI has automated, innovated, and optimized a business’s processes and outcomes. In recent years, tech firms and consultants have been touting…more

Algorithms, Artificial Intelligence, Consultants, Data Collection, Federal Trade Commission (FTC)

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Matthew Leggett

President Trump Touts America First Energy Dominance Agenda to Congress

On 4 March, President Donald J. Trump touted his America First energy dominance agenda in an address to a joint session of Congress. He promised “swift and unrelenting action” and noted that within his first 43 days in office,…more

Department of Energy (DOE), Energy Policy, Environmental Policies, Executive Orders, Fossil Fuel

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Justin Leonelli

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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Mark Leslie

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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Simon Leslie

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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Adam Levine

May 2025 ESG Policy Update—Australia

AUSTRALIAN UPDATE - ESG-Related Policy in Australia Under the Newly Re-Elected Labor Government - On 3 May 2025, the incumbent Labor government, led by Prime Minister Anthony Albanese, won re-election to a second consecutive…more

Australia, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

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Elisabeth Lewis

Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past…more

Class Action, Contamination, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers

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Gregory Lewis

Pared Back Version of the Texas Responsible Artificial Intelligence Governance Act Signed Into Law

On 22 June 2025, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) (HB 149) was signed into law by Governor Greg Abbott. TRAIGA takes effect on 1 January 2026…more

Algorithms, Artificial Intelligence, Disclosure Requirements, Employer Responsibilities, Employment Discrimination

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Janet Li

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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Katie Li

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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Emma Lidström

Litigation Minute: Extreme Weather and Natural Disasters: Insurance Tips for Commercial Policyholders (ESG Litigation Series: Part One)

What You Need To Know In A Minute Or Less - Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural…more

Business Interruption, Business Losses, Climate Change, Commercial General Liability Policies, Environmental Social & Governance (ESG)

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Ke Jia Lim

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Arias Lim Jie

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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Joan Lim-Casanova

Arbitration World: the Singapore International Arbitration Centre (SIAC) (Part 2)

This publication is issued by K&L Gates Straits Law LLC, a Singapore law firm with full Singapore law and representation capacity, and to whom any Singapore law queries should be addressed. K&L Gates Straits Law is the…more

Arbitration, Arbitration Agreements, Arbitration Awards, Artificial Intelligence, Cybersecurity

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David Lindsay

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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William Liu

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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Zidong Liu

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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Dr. Hilger von Livonius

Investment Management Client Alert June 2025

ESMA Publishes Final Report on the Preparation of Securities Prospectuses -On 12 June 2025, the European Securities and Markets Authority (ESMA) published its final report with regulatory technical standards (RTS) for the…more

Anti-Money Laundering, Asset Management, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA)

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Benay Lizarazu

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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Andrew Lloyd

RWI in Health Care M&A: Part 2

In part two of this two-part series, Matt Miller and Andrew Lloyd analyze represenmarket.tations and warranties insurance (RWI) in the health care M&A -2landscape. They discuss the process of finding and securing an insurance…more

Acquisitions, Insurance Claims, Insurance Industry, Investors, Mergers

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Michelle Lloyd

Europe: Ireland Agrees Mutual Recognition of Funds Framework With Hong Kong

The Central Bank of Ireland (CBI) and the Securities and Futures Commission of Hong Kong (SFC) entered into a Memorandum of Understanding on 14 May 2025 establishing a framework for the mutual recognition of funds (MRF) between…more

Capital Markets, Cross-Border Transactions, EU, Financial Institutions, Hong Kong

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Charles Lockwood

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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John Longstreth

What Overturning Chevron Means for the Way Congress Does Its Business

While most of the attention surrounding the Supreme Court’s (the Court) decision in Loper Bright v. Raimondo (Loper), overturning the longstanding Chevron doctrine, has focused on the increased potential for successful…more

Administrative Authority, Chevron Deference, Government Agencies, Judicial Authority, Loper Bright Enterprises v Raimondo

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James Lonie

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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Kim Looney

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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Ferry Eden Lopez

California Court of Appeal Ends Headless PAGA Actions in Leeper v. Shipt

The California Court of Appeal, Second Appellate District, in Leeper v. Shipt, Inc., No. B339670, 2024 WL 5251619 (Cal. Ct. App. Dec. 30, 2024) (Leeper) issued a significant decision benefiting employers seeking to enforce…more

Appeals, Appellate Courts, Arbitration, Arbitration Agreements, California

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Daniel Lopez de Arroyabe

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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Avril Love

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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Douglas Love

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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Carol Lumpkin

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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Jared Lund

First Denial Based on USPTO’s New Discretionary Denial Factors

Earlier this year, Chief Judge Boalick issued guidance on the USPTO’s recission of “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” explaining how the Fintiv…more

Inter Partes Review (IPR) Proceeding, Judicial Authority, New Guidance, Patent Applications, Patent Litigation

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Carrie Yijia Luo

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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Michael Lynch

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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Russell Lyons

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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Cathy Ma

March 2025 ESG Policy Update—Australia

Australian Update - Resistance to Australian Securities Exchange Corporate Governance Council’s Diversity Reforms Signals Decline in Environment, Social and Governance Commitment - The recent decision by the Australian…more

Australia, Australian Securities Exchange (ASX), Clean Energy, Climate Change, Corporate Governance

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Tad Macfarlan

Governor Shapiro Fast Tracks Critical Infrastructure Project Permitting

On 19 November 2024, Pennsylvania Governor Josh Shapiro signed Executive Order No. 2024-04, streamlining and accelerating the permitting process for critical infrastructure projects within the Commonwealth. The Executive Order…more

Construction Project, Critical Infrastructure Sectors, Economic Development, Executive Orders, Infrastructure

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Alan Maclean

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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Patrick Madden

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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Martina Maggioni

Green, But Lean: EU Eases Sustainability Rules Without Ditching Climate Goals

On 26 February 2025, the European Commission published the Omnibus Simplification Package, a set of proposals designed to streamline key EU sustainability regulations, eliminate redundancies, and reduce administrative burden and…more

Climate Change, Compliance, Corporate Governance, Environmental Policies, Environmental Social & Governance (ESG)

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John Magnin

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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Dennis Majewski

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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Christian Major

Sweeping Changes to Company Registration in the United Kingdom to Increase Transparency of Companies and the Integrity of the Register

Background - The Economic Crime and Corporate Transparency Act (2023) (the Act) introduces the most significant changes to Companies House since corporate registrations were established in 1844. It is a new UK law that aims to…more

Asset Management, Board of Directors, Business Entities, Business Ownership, Corporate Governance

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Jeffrey Maletta

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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Charles Malone

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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Pablo Man

United States: STOP! START AGAIN! JUST KIDDING, STOP AGAIN! SEC Provides 11th Hour Extension of Compliance Date for Amended Form PF

With less than a day to go before the 12 June 2025 compliance date for the SEC and CFTC’s jointly adopted amendments to Form PF, the SEC, together with the CFTC, voted today to further extend the compliance date for the amended…more

CFTC, Filing Deadlines, Financial Institutions, Form PF, Investment Funds

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J. Matthew Mangan

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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Christoph Mank

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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Christopher Manley

New Jersey's Attorney General and Division on Civil Rights Starts 2025 With Guidance on AI Use in Hiring

On 9 January 2025, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) announced the launch of a Civil Rights and Technology Initiative (the Initiative) “to address the risks of…more

Algorithms, Artificial Intelligence, Best Practices, Employer Liability Issues, Employment Discrimination

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John Mann

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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Theodore Manuel

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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Gianmarco Marani

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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Greta Marks

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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John Marmora

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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Cassandra Marsh

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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Jennifer Marsh

UK's Specialist Competition Tribunal Issues Rare Guidance for Brands—Back to the Basics on Selective Distribution, Rpm and Online Sales Bans

Judgments providing actual guidance for consumer goods brands are like a good action film—rare, but totally worth the wait. The UK Competition Appeal Tribunal’s (the CAT) recent decision in Up and Running v Deckers1 is…more

Competition, Consumer Product Companies, Distributors, Goods or Services, Retailers

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Michael Martinez

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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Rami Maserow

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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Andrew Massey

Europe: FCA Advances Efforts to Address the UK’s EU Legislative Legacy, Starting With MIFID

Following an HM Treasury policy statement, the FCA has published a consultation paper proposing amendments to some of the Markets in Financial Instruments Directive (MIFID) conduct of business and systems and controls rules…more

Compliance, Conflicts of Interest, EU, Financial Conduct Authority (FCA), Financial Regulatory Reform

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Emily Mather

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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Robert Matlin

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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Benjamin Mayer

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

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Stephanie Mayhew

Pay the Price, Now ‘Fess Up’: Reporting Obligations for Ransomware Payments Are Live

As of 29 May 2025, the requirement on businesses to report ransomware payments they make has come into effect. What is the Requirement? If a reporting business entity becomes impacted by a cyber security incident and ends up…more

Business Entities, Cybersecurity, Data Breach, Disclosure Requirements, New Legislation

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Keith McCarthy

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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Robert McCarthy Jr.

United States: Y’all Street to Attract Business With “Pro-growth” Legislation

Growing corporate and financial industry interest in Texas as a viable alternative to Delaware for incorporation is creating a trend, which is being called “Dexit.”…more

Broker-Dealer, Business Entities, Capital Markets, Corporate Governance, New Legislation

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Austin McCarty

Update—Senate Bill 6: A Texas Bill Impacting Large Load Development in ERCOT

As previously reported, Senator Phil King and Senator Charles Schwertner introduced Texas Senate Bill 6 (SB6) in February 2025. After various amendments and updates, the bill has passed the Texas House and Senate and is now…more

Energy Policy, Energy Projects, Energy Sector, Government Agencies, New Legislation

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Whitney McCollum

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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Kevin McCormick

USPTO Discontinuing the Accelerated Examination Program for Utility Applications

On 10 June 2025, the US Patent and Trademark Office (USPTO) published a Final Rule announcing the discontinuation of the Accelerated Examination program for utility applications beginning 10 July 2025. The change affects the…more

Accelerated Examination Program, Filing Requirements, Final Rules, Patent Applications, Patents

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Jennifer McCosker

We Need to Keep a Real Estate Purchase in Australia Confidential. Can This Be Done?

Ours is an age of identity fraud, data breaches, public registers, and political and media interest in the ownership of Australian real estate. Take a moment to consider the real estate-related data that can be readily…more

Australia, Confidential Information, Consumer Privacy Rights, Data Privacy, Data Protection

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Jennifer McCoy

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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Jianne McDonald

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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Brendan Gutierrez McDonnell

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

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Patrick McElhinny

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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Lauren McFadden

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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Noirin McFadden

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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David McGonigle

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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Julia McGowan

EPA Provides Update on PFAS Drinking Water Standards

On 14 May 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s plan to address the National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS)…more

CERCLA, Compliance, Drinking Water, Environmental Protection Agency (EPA), Final Rules

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Michael McKay

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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Jeremy McLaughlin

United States: The Continuing Shift to Modern Money Transmission Laws

Within the past two months, three states have adopted the Money Transmission Modernization Act (MTMA). The governors of Virginia, Mississippi, and most recently Colorado, signed bills that implement the MTMA, and two other…more

Cryptocurrency, Digital Assets, Financial Services Industry, FinTech, Money Transmitter

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D. Mark McMillan

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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Jeffrey Meagher

Litigation Minute: Emerging Contaminants: Minimizing and Insuring Litigation Risk

What You Need to Know in a Minute or Less - As the scientific and regulatory landscape surrounding various emerging contaminants shifts, so too do the options that companies can consider taking to minimize and insure against the…more

Compliance, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, Insurance Claims

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Samia Mechernene

Update: Economic Substance Regulations Filings Cancelled

Changes to the Economic Substance Regulations - The UAE Ministry of Finance (MOF) announced on 14 October 2024 the cancellation of the requirement for Licensees conducting one or more Relevant Activities and generating Relevant…more

Corporate Taxes, Economic Substance Doctrine, Income Taxes, Licensees, Licensing Rules

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Cary Meer

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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Sam Megally

Recent Changes to Washington State Tax Laws Will Increase Taxes for Many Taxpayers

In May 2025, Washington Governor Bob Ferguson signed into law several bills that will impact both individual and business taxpayers. Although the changes are likely to increase many taxpayers’ Washington tax bills, some…more

B&O Tax, Business Taxes, Capital Gains Tax, New Legislation, Sales Tax

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Connor Meggs

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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Arturo Meglio

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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Vishal Mehta

HSR Overhaul Takes Effect: A New Era For Dealmakers

On 10 February 2025, the Federal Trade Commission’s (FTC) overhaul of the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) became effective. The new rules now apply to all reportable…more

Administrative Procedure Act, Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Controls

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Robert Melson Jr.

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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Neeki Memarzadeh

Trump 2.0 Executive Orders; Shock and Awe

Overview - Since his inauguration on 20 January 2025, President Donald J. Trump has signed dozens of executive orders and presidential memoranda on topics including, but not limited to, energy and the environment; immigration;…more

Biden Administration, Climate Change, Energy Sector, Environmental Policies, Executive Orders

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Kathryn Mendelsohn

Identity Verification—What You Need to Know

Background - The Economic Crime and Corporate Transparency Act 2023 (the Act) seeks to prevent economic crime and to enhance the transparency of companies and other legal entities…more

Anti-Money Laundering, Capital Markets, Corporate Crimes, Corporate Governance, Corporate Misconduct

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Andreas Menge

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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Ian Meredith

Third-Party Litigation Funding in England and Wales Post-PACCAR: Where Are We Now?

In our earlier alert on third-party funding (TPF) and the UK Supreme Court’s decision in PACCAR, we discussed the initial industry reaction, subsequent litigation, and legislative reform proposals (at the time, through the remit…more

Appellate Courts, Class Action, Commercial Litigation, Competition, Compliance

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Michael Meredith

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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Carolyn Fixel Merritt

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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Thomas Meyer

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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Samuel Miclot

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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Christine Mikhael

United States: New Kid on Y’all’s Block

On 31 January 2025, the Texas Stock Exchange LLC (TXSE) filed a registration statement with the US Securities and Exchange Commission (SEC) to operate as a fully electronic, national securities exchange…more

Capital Markets, Competition, Financial Services Industry, Investment, Investors

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Avery Miller

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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Kate Miller

United States: Potential Increase to Debenture Limit for Levered Small Business Investment Companies (SBICs)?

Small Business Investment Companies (SBICs), which invest in qualifying small businesses in the United States, are eligible to receive Small Business Administration (SBA)-guaranteed debentures at favorable rates to finance their…more

Financial Instruments, Investment, Investment Funds, Investors, Private Equity

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Matthew Miller

RWI in Health Care M&A: Part 2

In part two of this two-part series, Matt Miller and Andrew Lloyd analyze represenmarket.tations and warranties insurance (RWI) in the health care M&A -2landscape. They discuss the process of finding and securing an insurance…more

Acquisitions, Insurance Claims, Insurance Industry, Investors, Mergers

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Neil Miller

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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Aaron Millstein

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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Natalya Minoff

Massachusetts Joins Growing Number of States With a Pay Transparency Law

On 31 July 2024, Massachusetts Governor Maura Healey signed into law the Act Relative to Salary Transparency (the Act). The Act has been touted by the governor as an important step toward closing wage gaps and ensuring equal pay…more

EEO, Hiring & Firing, Job Ads, Job Applicants, Pay Discrimination

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Robert Mitchell

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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Jared Mobley

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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Leila Moddel

New Year's Resolutions for Employment, Industrial Relations, and Work Health and Safety

A few New Year’s Resolutions from an employment, industrial relations and work health and safety perspective as we kick off 2025…more

Australia, Employee Definition, Independent Contractors, Labor Reform, Mental Health

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Simon Moen

The Rules That Apply to Foreign Persons Purchasing Established Homes in Australia are Going to Change on 1 April 2025...So, You May Need to Act Now

The Hon. Jim Chalmers MP, Federal Treasurer and the Hon. Clare O'Neil MP, Minister for Housing, Minister for Homelessness issued a joint media release on 16 February 2025 titled "Albanese Government clamping down on foreign…more

Affordable Housing, Australia, Foreign Investment, Foreign Nationals, Housing Market

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Alyssa Moir

EPA Plans Reset of GHG and Mercury Rules for Power Plants

Introduction - Continuing the regulatory whiplash over greenhouse gases (GHG) emissions from power plants, the United States Environmental Protection Agency (EPA) recently proposed repealing the Biden administration’s GHG power…more

Clean Air Act, Deregulation, Energy Policy, Energy Sector, Environmental Protection Agency (EPA)

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Charmaine Mok

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Michaela Moloney

State of the Workplace

In this special end of year publication, we take a look back at another tumultuous year in Australian employment law following significant changes. Almost every area of Australian employment law has over the past two years been…more

Anti-Harassment Policies, Australia, Domestic Violence, Employee Rights, Employer Liability Issues

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John Monroe

Loopholes Laws Open for Business: Are You Ready for 26 August 2024?

Yet more changes are ahead for employers as key elements of the Federal Labor Government's Fair Work Legislation Amendment (Closing the Loopholes No 2) Act 2024 (the Act) take effect on 26 August 2024…more

Australia, Compliance, Employee Rights, Employees, Employer Liability Issues

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Brian Montag

EPA Provides Update on PFAS Drinking Water Standards

On 14 May 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s plan to address the National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS)…more

CERCLA, Compliance, Drinking Water, Environmental Protection Agency (EPA), Final Rules

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Adam Moore

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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Ninamarie Moore

The Changing Landscape of AI: Federal Guidance for Employers Reverses Course With New Administration

In the midst of the multiple executive orders issued in the first days of the Trump administration, on 23 January 2025, the White House issued an executive order entitled Removing Barriers to American Leadership in Artificial…more

Artificial Intelligence, Compliance, Department of Labor (DOL), Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Saskia Mooy

Click-to-Cancel: FTC's Final Rule Will Change the Subscription Landscape Across Industries

In an era where subscriptions are just a click away, getting out of them often frustrates consumers. Responding to that frustration, the Federal Trade Commission (FTC) revised its existing Negative Option Rule, now retitled the…more

Antitrust Provisions, Cancellation Rights, Federal Trade Commission (FTC), Final Rules, Marketing

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Jessica Moran

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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Claire Morat-Levrin

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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Philip Morgan

Global Survey of ESG Regulations for Asset Managers - April 2025

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, social, and governance…more

Asset Management, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Investment Adviser

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Ludovica Morgia

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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Rachel Morowitz

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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Aaron Morrow

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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David Morse

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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Jonathan Morton

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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Peter Morton

Arbitration World: The Hague Court of Arbitration for Aviation

Peter Morton (London) is joined by Paul Jebely, the Founder and Chairperson of the Hague Court of Arbitration for Aviation (HCAA), to discuss the origin and aims of the HCAA and some of the key features of arbitration under the…more

Arbitration, Arbitration Agreements, Aviation Industry, Contract Terms, Dispute Resolution

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Dylan Moses

The Serious Fraud Office's Guidance on How to Best Avoid Prosecution

The United Kingdom’s Serious Fraud Office (SFO) recently published updated guidance on how corporates can best avoid or reduce the risk of prosecution in cases involving economic crimes such as bribery, fraud and corruption (the…more

Bribery, Cooperation, Corporate Misconduct, Corruption, Deferred Prosecution Agreements

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Mitchell Moximchalk

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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Nicole Mueller

The Continued Evolution of Caremark Oversight Liability

In the last year, Delaware courts have issued several notable opinions that further define—and in some cases expand—the scope of liability for failures of oversight at a corporation. Claims by shareholders that one or more…more

Corporate Counsel, Corporate Governance, Corporate Liability, Corporate Officers, DE Supreme Court

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Andreas Müller

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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Susan Munro

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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Veronica Muratori

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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Michael Murphy

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another Round

Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the…more

Antitrust Litigation, Antitrust Violations, Competition, Enforcement Actions, Federal Trade Commission (FTC)

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Philip Murray

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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Falco Muscante II

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform…more

Clean Air Act, Clean Water Act, Energy Projects, Environmental Impact Statements, Environmental Litigation

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Dr. Annette Mutschler-Siebert

Green, But Lean: EU Eases Sustainability Rules Without Ditching Climate Goals

On 26 February 2025, the European Commission published the Omnibus Simplification Package, a set of proposals designed to streamline key EU sustainability regulations, eliminate redundancies, and reduce administrative burden and…more

Climate Change, Compliance, Corporate Governance, Environmental Policies, Environmental Social & Governance (ESG)

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William Myhre

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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Franklin Na

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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Ruby Nagamine

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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Jennifer Janeira Nagle

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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B. David Naidu

EPA Provides Update on PFAS Drinking Water Standards

On 14 May 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s plan to address the National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS)…more

CERCLA, Compliance, Drinking Water, Environmental Protection Agency (EPA), Final Rules

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Ali Nardali

Key Disclosure Considerations for Your Upcoming Form 10-K and Proxy Statement

Public companies should be aware of new disclosure requirements for their upcoming Form 10-K filings for the fiscal year ended 31 December 2024 (2024 Form 10-K) and for their upcoming Proxy Statements to be filed in 2025 (2025…more

Clawbacks, Corporate Governance, Disclosure Requirements, Form 10-K, Insider Trading

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Luca Nardello

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

See all updates »

Christopher Nasson

President Trump Orders FCPA Freeze; DOJ Announces Major Policy Realignment De-Emphasizing Corporate Investigations and Enforcement

The much-heralded end to prosecutions brought pursuant to the Foreign Corrupt Practices Act (FCPA) never materialized during the first Donald Trump administration, but Trump 2.0 has the potential to bring major change to the US…more

Anti-Corruption, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Daniel Nastasi

April 2025 ESG Policy Update—Australia

Australian Update - ASIC Publishes Regulatory Guidance for New Sustainability Reporting Requirements - On 31 March 2025, the Australian Securities and Investments Commission (ASIC) published its Regulatory Guide 280…more

Australia, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Institutions

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Joseph Nayar

7th Edition of the SIAC Rules: Defining the Future of SIAC Arbitration

Introduction - The Singapore International Arbitration Centre (SIAC) has launched the 7th Edition of its Arbitration Rules (the 2025 Rules), which took effect on 1 January 2025. The 2025 Rules represent a major update of the 6th…more

Arbitration, Arbitration Agreements, Arbitration Fees, Contract Terms, Dispute Resolution

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Rosie Naylor

Key Takeaways From the UK Financial Conduct Authority's Revised Enforcement Guide

Following a two-part consultation, which began in February 2024 (i.e., CP 24/2 and CP 24/2: Part 2) and was accompanied by a Policy Statement (PS25/5) setting out the UK Financial Conduct Authority’s (FCA) consultation response,…more

Disclosure Requirements, Enforcement Actions, Enforcement Guidance, Financial Conduct Authority (FCA), Financial Institutions

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Elizabeth Nelli

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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Jason Nelms

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

See all updates »

Michael Nelson

California Wildfires—Insurance Tips for Policyholders

The recent wildfires in California have clearly had a catastrophic impact, destroying a vast number of homes and business premises across the region. Homeowners and businesses may have limited means to protect against nature’s…more

Business Interruption, California, Insurance Claims, Insurance Industry, Insurance Litigation

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Scott Nelson

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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Nils Neumann LL.M.

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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Cassandra Nevill

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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Nick Nichola

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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Timothy Nichols

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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D. McNair Nichols Jr.

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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Morgan Nickerson

Unauthorized Seller Reviews—Another Tool to Combat Unauthorized Sellers and Protect Your Brand

Unauthorized sellers can damage your brand in many ways. One way is in relation to customer reviews of your products. Unauthorized sellers provide poor customer service, use poor or incorrect content and marketing assets, and…more

Brand, Fake Reviews, Federal Trade Commission (FTC), Online Marketplace, Online Reviews

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Harry Nicolaidis

Shareholder Disputes in Medical and Dental Practices in Australia

Key Takeaways - Shareholder disputes arise from circumstances both anticipated and unanticipated at the time of formation of a business relationship…more

Australia, Business Litigation, Business Ownership, Corporate Governance, Corporate Practice of Dentistry

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Lucas Nicolet-Serra

Managing Artificial Intelligence: The Monetary Authority of Singapore's Recommendations on AI Model Risk Management

Introduction and Background - On 5 December 2024, as part of the Monetary Authority of Singapore’s (MAS) incremental efforts to ensure responsible use of artificial intelligence (AI) in Singapore’s financial sector, MAS…more

Artificial Intelligence, Banks, Corporate Governance, Data Privacy, Data Protection

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Dr. Thomas Nietsch

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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Chris Nikou

New Franchising Code to Commence in April

The Competition and Consumer (Industry Code–Franchising) Regulations 2024 (Cth) (the New Code Draft), which replaces the Competition and Consumer (Industry Codes—Franchising) Regulation 2014 (the Old Code), is now in force and…more

Australia, Competition, Consumer Protection Laws, Disclosure Requirements, Franchise Agreements

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Margaret Niles

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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Natalia Nino

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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Jasper Noble

The Trump Administration Announces Trade Agreement With China

On Thursday, 8 May, shortly after the announcement of the trade agreement with the United Kingdom and the United States, US Trade Representative Jamieson Greer and Treasury Secretary Scott Bessent provided additional details on…more

China, Executive Orders, Imports, International Trade, Section 301

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Anthony Nolan

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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Anise Noor

URS v. BDW [2025]: Supreme Court Confirms Consultants' Duty to Developers for Historic Defects

The UK Supreme Court’s (Court) decision in URS Corporation Ltd v. BDW Trading Ltd [2025] UKSC 21 resolves key questions around the recoverability of remediation costs where the developer no longer owns the property and has no…more

Construction Defects, Construction Industry, Construction Litigation, Contract Disputes, Housing Developers

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Carter Norfleet

A New Year Brings New Restrictions Relating to AI and California Performers

Starting 1 January 2025, California Assembly Bill 2602 (AB 2602) will prohibit the use of vague, unfair, and unethical contractual terms that, without the performer’s full awareness, permit the unregulated production, use, and…more

Artificial Intelligence, Artists, California, Entertainment Industry, Intellectual Property Protection

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John Northington Jr.

Proposed Renewable Regulations in Texas Might Trigger Force Majeure and Change in Law Clauses

The renewable energy industry in the United States is facing new headwinds in the form of state legislation that could delay, disincentivize, or even potentially prevent the completion of planned solar and wind projects. For…more

Contract Terms, Energy Projects, Force Majeure Clause, Permits, Proposed Legislation

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Matthew Norton

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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Michael Norton

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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Annina Nowak

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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Todd Nunn

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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Justin O'Callaghan

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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Alice O'Connell

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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Megan O'Connor

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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Stephen O'Neil

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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Linda Odom

Why Financial Institutions Should Stay the Course

Introduction - Many regulated businesses believe that the only thing worse than strict regulations is a wholly uncertain regulatory environment. With many rule changes on hold and enforcement actions and investigations being…more

Banking Sector, Compliance, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Dodd-Frank

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Victoria Oguntoye

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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Matthew Ogurick

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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Cindy Ohlenforst

Recent Changes to Washington State Tax Laws Will Increase Taxes for Many Taxpayers

In May 2025, Washington Governor Bob Ferguson signed into law several bills that will impact both individual and business taxpayers. Although the changes are likely to increase many taxpayers’ Washington tax bills, some…more

B&O Tax, Business Taxes, Capital Gains Tax, New Legislation, Sales Tax

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Francisco Gomez Olmedo

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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Tsuguhito Omagari

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Jaime Oon

Doing Business in Qatar—A Guide for Foreign Investors

Qatar has one of the fastest-growing economies in the world. To meet the demands of its rapid economic growth and to diversify away from the hydrocarbons industry, international investors are increasingly seeking to establish a…more

Business Development, Economic Development, Foreign Entities, Foreign Investment, Investors

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Jason Opperman

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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Jeffrey Orenstein

The Trump Administration Announces Trade Agreement With China

On Thursday, 8 May, shortly after the announcement of the trade agreement with the United Kingdom and the United States, US Trade Representative Jamieson Greer and Treasury Secretary Scott Bessent provided additional details on…more

China, Executive Orders, Imports, International Trade, Section 301

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Leib Orlanski

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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Dr. Martina Ortner

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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David Osipovich

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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Harrison Ottaway

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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Richard Paciaroni

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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Karishma Shah Page

2025 US Congressional Calendar

Our Public Policy and Law group is pleased to provide you with our 2025 US Congressional Calendar. The calendar is a compilation of the House and Senate schedules in a color-coded format showing periods when the House and…more

Biden Administration, General Assembly, Members of Congress, Public Policy, Regulatory Agenda

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Clair Pagnano

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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Stuart Palmer

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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Prudence Pang

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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Myeong Park

President Trump Announces "Reciprocal" Tariffs Beginning 5 April 2025

On 2 April 2025, President Trump announced a series of “reciprocal” tariffs on US imports from all countries. The tariffs apply at different rates by country, starting at a baseline of 10% and reaching as high as 50%…more

Exports, Imports, International Emergency Economic Powers Act (IEEPA), International Trade, Retaliatory Tariffs

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Alex Parker

Directors' Responsibilities for Sustainability Reporting—ASIC's Views

Introduction - When directors and officers of reporting entities are assessing how to prepare for complying with the new sustainability reporting obligations, it is tempting to look to the Australian Securities and Investments…more

ASIC, Asset Management, Australia, Compliance, Enforcement Priorities

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Kathleen Parker

Pared Back Version of the Texas Responsible Artificial Intelligence Governance Act Signed Into Law

On 22 June 2025, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) (HB 149) was signed into law by Governor Greg Abbott. TRAIGA takes effect on 1 January 2026…more

Algorithms, Artificial Intelligence, Disclosure Requirements, Employer Responsibilities, Employment Discrimination

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R. Gregory Parker

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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Malory Pascarella

Environmental Justice Update

Federal - In the first few months of the second Trump presidency, the Administration took steps to roll back environmental justice (EJ) considerations in federal decision making. This included a flurry of executive orders (EOs)…more

Air Quality Standards, Biden Administration, Department of Justice (DOJ), Enforcement Actions, Environmental Justice

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Adam Paschalidis

Global Survey of ESG Regulations for Asset Managers - April 2025

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, social, and governance…more

Asset Management, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Investment Adviser

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Divesh Patel

Private Equity in Australia: Upcoming Mandatory Merger Laws and Foreign Investment Changes

WHAT’S ON THE AUSTRALIAN REGULATORY HORIZON? In this publication, we provide an overview of certain upcoming changes for private equity funds and their investors (both Australian and foreign) investing in Australia…more

Acquisitions, Antitrust Provisions, Australia, Foreign Investment, Merger Controls

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Jennifer Paterson

Dubai Court of Appeal Annuls Anti-Suit Injunction Issued in ICC Arbitration Proceedings

Introduction - In a recent decision, the Dubai Court of Appeal (Court of Appeal) in Case No. 8 of 2025 (issued on 28 April 2025) annulled an interim award, issued by an arbitral tribunal in an ongoing International Chamber of…more

Anti-Suit Injunctions, Appellate Courts, Arbitration Awards, Commercial Litigation, Dubai

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Luke Paterson

Directors and Officers of Retirement Villages in Western Australia–The Retirement Villages Amendment Bill 2024 Materially Increases Your Risk of Being Personally Liable for the Acts and Omissions of Your Organisation

The changes in Western Australia to the Retirement Villages Act 1992 (WA) (RV Act) that have been passed by the State Parliament and known as the Retirement Villages Amendment Bill 2024 (RV Bill) have been more than a decade in…more

Australia, Corporate Governance, Corporate Officers, Elder Care, Liability

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Devan Patrick

Breaking CTA Alert—Nationwide Injunction Issued Against US Corporate Transparency Act

On 3 December 2024, Judge Amos Mazzant of the Eastern District of Texas issued a nationwide preliminary injunction with respect to the Corporate Transparency Act (CTA), enjoining enforcement of the CTA as well as the…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Christina Paul

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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Michael Pavlick

Loper Bright's Potential Effect on Federal Labor and Employment Law: Possible Consequences for Agencies and Practitioners

On 28 June 2024, the US Supreme Court in Loper Bright Enterprises v. Raimondo (Loper Bright) overturned the 40-year-old Chevron doctrine, which required courts to defer to federal agencies’ reasonable interpretations of…more

Chevron Deference, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), Federal Trade Commission (FTC), FTC Act

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Robert Pawlowski

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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Jessica Pearlman

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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Tim Peckinpaugh

Going Nuclear–Industry Outlook and Issues

The nuclear energy industry continues to gain momentum and has a strong outlook for 2025 and beyond. This positive forecast is buoyed by support from both major political parties, increased demand, technical advancements, and…more

Clean Energy, Department of Energy (DOE), Energy Policy, Energy Projects, Inflation Reduction Act (IRA)

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Hillary Pellerin O'Rourke

Key Disclosure Considerations for Your Upcoming Form 10-K and Proxy Statement

Public companies should be aware of new disclosure requirements for their upcoming Form 10-K filings for the fiscal year ended 31 December 2024 (2024 Form 10-K) and for their upcoming Proxy Statements to be filed in 2025 (2025…more

Clawbacks, Corporate Governance, Disclosure Requirements, Form 10-K, Insider Trading

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Michael (Mick) Pence

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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Emanuel Penklis

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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Raymond Pepe

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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Nikolaos Peristerakis

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

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Patrick Perrone

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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Scott Peterman

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Brian Peterson

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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Guy Peterson

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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Jane Petoskey

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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Paris Petranis

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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Leslie Petro

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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Beth Petronio

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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Matthew Phillips

United States: Potential Increase to Debenture Limit for Levered Small Business Investment Companies (SBICs)?

Small Business Investment Companies (SBICs), which invest in qualifying small businesses in the United States, are eligible to receive Small Business Administration (SBA)-guaranteed debentures at favorable rates to finance their…more

Financial Instruments, Investment, Investment Funds, Investors, Private Equity

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Michael Phillips

First Circuit Adopts But-For Causation Standard for Kickback-Premised False Claims Act Actions

On 18 February 2025, the First Circuit Court of Appeals issued its decision in United States v. Regeneron Pharmaceuticals, Inc., determining that “but-for” causation is the proper standard for False Claims Act (FCA) actions…more

Anti-Kickback Statute, Causation, Department of Health and Human Services (HHS), Department of Justice (DOJ), Enforcement Actions

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Christopher Phillips-Hart

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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Naomi Philp

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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Helen Phizackerley

New Office of Financial Sanctions Implementation Financial Services Threat Assessment

On 13 February 2025, the Office of Financial Sanctions Implementation (OFSI) published its assessment of suspected sanctions breaches involving financial services firms since February 2022 (the Assessment). The Assessment forms…more

Cryptocurrency, Economic Sanctions, Financial Services Industry, Jurisdiction, Office of Financial Sanctions Implementation (OFSI)

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Flavio Picaro

Europe: UK’s FCA Intensifies Scrutiny on Private Markets Valuations

The UK’s Financial Conduct Authority has published the findings of its multi-firm review of valuation processes for private market assets. This review follows the highlighting of vulnerabilities in private markets stemming, in…more

Conflicts of Interest, Financial Conduct Authority (FCA), Financial Markets, Fund Managers, Investment Funds

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Millie Pierce

When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement in the UK

On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of the…more

Competition, Enforcement, Intellectual Property Litigation, Intellectual Property Protection, Trademark Infringement

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Gregory Pieris

You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No 5)…more

Fashion Design, Fashion Industry, Intellectual Property Protection, Joint Tortfeasors, Likelihood of Confusion

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Jessica Pingleton

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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Pawel Piotrowski

Historic US Presidential Visit to the Middle East

The President of the United States, Donald Trump, recently concluded a landmark tour of the Gulf Cooperation Council (GCC) visiting Saudi Arabia, Qatar, and the United Arab Emirates (UAE). This was his first official foreign…more

Aircraft, Artificial Intelligence, Export Controls, Foreign Investment, Gulf Cooperation Council (GCC)

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Jeffrey Pititto

SEC Expands Nonpublic Review Process for Draft Registration Statements

On 3 March 2025, the Division of Corporation Finance of the Securities and Exchange Commission (the SEC) announced that it is expanding the scope of availability for companies to submit draft registration statements for…more

Capital Markets, Disclosure Requirements, Filing Requirements, Financial Markets, Initial Public Offering (IPO)

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Devon Poage

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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Roberto Podda

Laws, Guidance, and Recommendations: What to Consider When Using AI to Hire Employees in Italy

Employers are increasingly using Artificial Intelligence (AI) in the hiring process. For example, chatbots can answer candidates’ questions, tools can screen resumes and profile candidates, and software can score interviews…more

Algorithms, Artificial Intelligence, Bias, Employer Responsibilities, Hiring & Firing

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Erin Palmer Polly

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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Mark Pomfret

Massachusetts Joins Growing Number of States With a Pay Transparency Law

On 31 July 2024, Massachusetts Governor Maura Healey signed into law the Act Relative to Salary Transparency (the Act). The Act has been touted by the governor as an important step toward closing wage gaps and ensuring equal pay…more

EEO, Hiring & Firing, Job Ads, Job Applicants, Pay Discrimination

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Emily Poniatowski

EPA Plans Reset of GHG and Mercury Rules for Power Plants

Introduction - Continuing the regulatory whiplash over greenhouse gases (GHG) emissions from power plants, the United States Environmental Protection Agency (EPA) recently proposed repealing the Biden administration’s GHG power…more

Clean Air Act, Deregulation, Energy Policy, Energy Sector, Environmental Protection Agency (EPA)

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Mackenzie Powers

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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Barrett Price

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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Wesley Prichard

Litigation Minute: Emerging Contaminants: Defending Litigation

What You Need to Know in a Minute or Less - Effectively defending emerging contaminant litigation requires counsel capable of navigating extremely complex scientific issues related to causation, while also not losing sight of…more

Causation, Damages, Environmental Litigation, Expert Testimony, Litigation Strategies

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Martha Pugh

Going Nuclear–Industry Outlook and Issues

The nuclear energy industry continues to gain momentum and has a strong outlook for 2025 and beyond. This positive forecast is buoyed by support from both major political parties, increased demand, technical advancements, and…more

Clean Energy, Department of Energy (DOE), Energy Policy, Energy Projects, Inflation Reduction Act (IRA)

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Rob Pulham

Pay the Price, Now ‘Fess Up’: Reporting Obligations for Ransomware Payments Are Live

As of 29 May 2025, the requirement on businesses to report ransomware payments they make has come into effect. What is the Requirement? If a reporting business entity becomes impacted by a cyber security incident and ends up…more

Business Entities, Cybersecurity, Data Breach, Disclosure Requirements, New Legislation

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Charles Purcell

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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Laurie Purpuro

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

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Donela Qirjazi

United States: House Committee on Financial Services Urges the SEC to Withdraw Final and Proposed Rules

On 31 March 2025, the House Committee on Financial Services (Committee), in a letter to Acting Chairman of the US Securities and Exchange Commission (SEC), Mark Uyeda, identified a series of proposed and adopted rules that the…more

Corporate Governance, Cybersecurity, Environmental Social & Governance (ESG), Final Rules, Investment Adviser

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Gary Qualls

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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Stanley Ragalevsky

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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Anne Ragu

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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Brittany Raia

EEOC Acting Chair Issues Statement Announcing Commission's Plans to Remove Gender Ideology and Return to Mission of "Protecting Women in the Workplace"

On 28 January 2025, the Acting Chair of the Equal Employment Opportunity Commission (EEOC or Commission), Andrea Lucas (Acting Chair Lucas) issued a statement announcing that the Commission is returning to its “mission of…more

Anti-Discrimination Policies, Discrimination, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Gender Identity

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Natalie Rainer

Litigation Minute: Tough to Swallow: Increased State Regulation of and Attention on Contaminants in Food

What You Need to Know in a Minute or Less - Until recently, state regulators largely deferred to the US Food and Drug Administration (FDA) to scrutinize and regulate contaminants in food, such as heavy metals. In the past…more

Class Action, Contamination, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers

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Nadja Raiß

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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M Rajaram

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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Nicholas Ramage

Mergers and Acquisitions in Australia in 2025

A Recap: Expectations for 2025 Versus Reality to Date - 2025 began with optimism that mergers and acquisitions (M&A) activity would continue to increase this year. In Australia and globally, 2024 saw the value of M&A activity…more

Acquisitions, Australia, FIRB, Foreign Investment, International Trade

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Cindy L. Ortega Ramos

The Wait Is Over: Revised CMS Enrollment Form Puts SNF Ownership and Management Under a Microscope

With the release of an updated CMS-855A enrollment form (855A), skilled nursing facilities (SNFs) will be required to identify substantially more detailed ownership and control information to Centers for Medicare and Medicaid…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Health Care Providers, Limited Liability Company (LLC)

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Katy Ramos

No Harm, No Foul–CIPA Claims Dismissed for Lack of Standing

The deluge of lawsuits and demand letters under the California Invasion of Privacy Act (CIPA) has prompted courts to scrutinize CIPA claims more rigorously, including the threshold question of whether CIPA plaintiffs have…more

California, CIPA, Class Action, Consumer Privacy Rights, Data Privacy

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Jason Randall

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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David Raphael

Trump Issues Sweeping Executive Order Declaring National Energy Emergency

On 20 January 2025, President Trump issued an Executive Order declaring a National Energy Emergency (Order). Under the National Emergencies Act, the president may declare a national emergency that allows the government to use…more

Clean Water Act, Department of Energy (DOE), Endangered Species Act (ESA), Energy Policy, Energy Projects

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Sam Rappensberg

The New Australian Statutory Tort for Serious Invasions of Privacy – What Does It Currently Look Like?

On 12 September 2024, the long awaited statutory tort for serious invasions of privacy has been revealed in Schedule 1 to the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Bill). Please see our previous…more

Australia, Defamation, Invasion of Privacy, Journalists, Media

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Heather Rees

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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Andrew Reibman

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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Lilly Reichwein

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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Richard Resch

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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Marla Tun Reschly

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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John ReVeal

Why Financial Institutions Should Stay the Course

Introduction - Many regulated businesses believe that the only thing worse than strict regulations is a wholly uncertain regulatory environment. With many rule changes on hold and enforcement actions and investigations being…more

Banking Sector, Compliance, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Dodd-Frank

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Adriana Reyes

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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Katie Richards

March 2025 ESG Policy Update—Australia

Australian Update - Resistance to Australian Securities Exchange Corporate Governance Council’s Diversity Reforms Signals Decline in Environment, Social and Governance Commitment - The recent decision by the Australian…more

Australia, Australian Securities Exchange (ASX), Clean Energy, Climate Change, Corporate Governance

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Pierce Richardson

FinCEN's New Reporting Requirements for Nonfinanced Residential Real Estate Transactions

Effective 1 December 2025, the Financial Crimes Enforcement Network (FinCEN) will implement comprehensive nationwide regulations aimed at increasing transparency and combating money laundering in the United States residential…more

Anti-Money Laundering, Beneficial Owner, Filing Requirements, Final Rules, FinCEN

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Jeffrey Richter

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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Alex Rickarby

Shareholder Disputes in Medical and Dental Practices in Australia

Key Takeaways - Shareholder disputes arise from circumstances both anticipated and unanticipated at the time of formation of a business relationship…more

Australia, Business Litigation, Business Ownership, Corporate Governance, Corporate Practice of Dentistry

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Sarah Riddell

NFA Proposes Guidance on Diligent Supervision of Associated Persons

UPDATE: On 1 May 2025, NFA withdrew Interpretive Notice 9083. The guidance remains available on NFA’s website for industry participants’ review…more

CFTC, Compliance, Derivatives, Due Diligence, Enforcement Actions

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Dr. Philipp Riedl

Investment Management Client Alert June 2025

ESMA Publishes Final Report on the Preparation of Securities Prospectuses -On 12 June 2025, the European Securities and Markets Authority (ESMA) published its final report with regulatory technical standards (RTS) for the…more

Anti-Money Laundering, Asset Management, Environmental Social & Governance (ESG), EU, European Securities and Markets Authority (ESMA)

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Keri Riemer

United States: The Great SEC Spring Clean Up–14 Proposals Wiped Away

Spring is a time of renewal, and the US Securities and Exchange Commission (SEC)–under its new chairman, Paul Atkins–has shown that. On 12 June 2025, the SEC withdrew 14 proposed rules impacting funds and asset managers,…more

Asset Management, Cybersecurity, Environmental Social & Governance (ESG), Investment Funds, Investment Management

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David Rieser

EPA Provides Update on PFAS Drinking Water Standards

On 14 May 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s plan to address the National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS)…more

CERCLA, Compliance, Drinking Water, Environmental Protection Agency (EPA), Final Rules

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Georgina Rigg

Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training

The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025…more

Artificial Intelligence, Authors, Copyright, Copyright Litigation, Intellectual Property Protection

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Mitchell Riggs

Australia-China Cross-Border Commercial Disputes – Where Should They be Resolved?

Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in…more

Arbitration, Arbitration Awards, Australia, China, Commercial Contracts

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Erinn Rigney

Supreme Court Invalidates "Background Circumstances" Rule in Title VII Cases

On 5 June 2025, the Supreme Court ruled in Ames v. Ohio Department of Youth Services that, in order to establish a Title VII claim, a plaintiff who is a member of a “majority group” is not required to show “background…more

Affirmative Action, Ames v Ohio Department of Youth Services, Discrimination, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Judith Rinearson

United States: The Continuing Shift to Modern Money Transmission Laws

Within the past two months, three states have adopted the Money Transmission Modernization Act (MTMA). The governors of Virginia, Mississippi, and most recently Colorado, signed bills that implement the MTMA, and two other…more

Cryptocurrency, Digital Assets, Financial Services Industry, FinTech, Money Transmitter

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Katherine Rippey

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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Julie Rizzo

SEC Policy Shift and Recent Corp Fin Updates–Part 3

SEC Issues New Guidance on Exclusion of Shareholder Proposals - Since the beginning of the year, the US Securities and Exchange Commission’s (SEC) Division of Corporation Finance staff (Corp Fin Staff) has issued several…more

Corporate Governance, Environmental Social & Governance (ESG), New Guidance, Proxy Statements, Regulatory Reform

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Stuart Robbins

Proposed Renewable Regulations in Texas Might Trigger Force Majeure and Change in Law Clauses

The renewable energy industry in the United States is facing new headwinds in the form of state legislation that could delay, disincentivize, or even potentially prevent the completion of planned solar and wind projects. For…more

Contract Terms, Energy Projects, Force Majeure Clause, Permits, Proposed Legislation

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Mark Roberts

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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Jamie Robinson

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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Tristen Rodgers

What a Relief! Co-Investments Get Easier for Interval Funds, Tender Offer Funds, and Business Development Companies

The US Securities and Exchange Commission (SEC) has approved a streamlined framework for co-investments involving certain closed-end funds and business development companies (together, Regulated Funds)…more

Board of Directors, Business Development Companies, Corporate Governance, Investment Adviser, Investment Funds

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John Rodney

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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Caroline Roethlisberger

United States: SEC’s Division of Corporation Finance Clarifies That Participation in Certain Proof-Of-Stake Activities Does Not Require SEC Registration

On 29 May 2025, the SEC’s Division of Corporation Finance (the Division) issued a guidance statement (Statement) related to certain protocol staking activities. The Statement addresses the impact of federal securities laws on…more

Broker-Dealer, Cryptoassets, Cryptocurrency, Digital Assets, Investment

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Patrick Rogers

SEC Expands Nonpublic Review Process for Draft Registration Statements

On 3 March 2025, the Division of Corporation Finance of the Securities and Exchange Commission (the SEC) announced that it is expanding the scope of availability for companies to submit draft registration statements for…more

Capital Markets, Disclosure Requirements, Filing Requirements, Financial Markets, Initial Public Offering (IPO)

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Dr. Anja Rösch

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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Collin Rose

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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Cliff Rothenstein

EPA Provides Update on PFAS Drinking Water Standards

On 14 May 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s plan to address the National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS)…more

CERCLA, Compliance, Drinking Water, Environmental Protection Agency (EPA), Final Rules

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Aaron Rothman

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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John Rotunno

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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Chris Round

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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Emanuel Rouvelas

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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Travis Royer

The FCPA is Back—What Companies Need to Know About DOJ's New America-First Enforcement Priorities

On 9 June 2025, Deputy Attorney General Todd Blanche released a memo (the Blanche Memo) detailing the long-awaited enforcement guidelines on how the Department of Justice (DOJ) under Attorney General Pam Bondi will enforce the…more

Bribery, Cartels, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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David Rubenstein

Lay of the Land: Challenges to Data Center Construction—Past, Present, and Future

In this episode of Lay of the Land, K&L Gates Real Estate lawyer David Rubenstein is joined by Paul Manzer, principal and data center market leader with Navix Engineering, to explore the evolving landscape of data center…more

Artificial Intelligence, Construction Industry, Data Centers, Emerging Technologies, Real Estate Development

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Michael Ruck

Key Takeaways From the UK Financial Conduct Authority's Revised Enforcement Guide

Following a two-part consultation, which began in February 2024 (i.e., CP 24/2 and CP 24/2: Part 2) and was accompanied by a Policy Statement (PS25/5) setting out the UK Financial Conduct Authority’s (FCA) consultation response,…more

Disclosure Requirements, Enforcement Actions, Enforcement Guidance, Financial Conduct Authority (FCA), Financial Institutions

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Mark Ruge

Trump Administration Dials Up Deregulation

President Donald Trump has made reducing the size and scope of the federal government a central part of his second-term agenda. Toward that end, in recent days the Trump administration has taken aggressive steps toward…more

Administrative Procedure Act, Deregulation, Energy Sector, Environmental Policies, Executive Orders

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Paolo Rusconi

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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Mark Rush

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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Andrew Ruskin

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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Nick Ruskin

Recent and Emerging Employment Law Changes Impacting Australian Employers

Not long after intentionally underpaying employees became a criminal offence on 1 January 2025, additional workplace changes have been announced or made by the federal Labor government to further protect workers and stimulate…more

Australia, Discrimination, Employee Rights, Employment Contract, Labor Reform

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Mohammad Rwashdeh

Dubai Court of Appeal Annuls Anti-Suit Injunction Issued in ICC Arbitration Proceedings

Introduction - In a recent decision, the Dubai Court of Appeal (Court of Appeal) in Case No. 8 of 2025 (issued on 28 April 2025) annulled an interim award, issued by an arbitral tribunal in an ongoing International Chamber of…more

Anti-Suit Injunctions, Appellate Courts, Arbitration Awards, Commercial Litigation, Dubai

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Thomas Ryan

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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David Rybicki

The FCPA is Back—What Companies Need to Know About DOJ's New America-First Enforcement Priorities

On 9 June 2025, Deputy Attorney General Todd Blanche released a memo (the Blanche Memo) detailing the long-awaited enforcement guidelines on how the Department of Justice (DOJ) under Attorney General Pam Bondi will enforce the…more

Bribery, Cartels, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Charles Rysavy

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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Eugene Ryu

The Essentials—California Employment Law Update for 2025

In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025. Where our team previously published alerts on a particular…more

Anti-Retaliation Provisions, California, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Joseph Safar

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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Zachary Sager

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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Ted Saint

President Trump Announces "Reciprocal" Tariffs Beginning 5 April 2025

On 2 April 2025, President Trump announced a series of “reciprocal” tariffs on US imports from all countries. The tariffs apply at different rates by country, starting at a baseline of 10% and reaching as high as 50%…more

Exports, Imports, International Emergency Economic Powers Act (IEEPA), International Trade, Retaliatory Tariffs

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Yuki Sako

Global Survey of ESG Regulations for Asset Managers - April 2025

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, social, and governance…more

Asset Management, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Investment Adviser

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Claudine Salameh

Combatting Scams in Australia, Singapore, China and Hong Kong

The increased reliance on digital communication and online banking has created greater potential for digitally-enabled scams. If not appropriately addressed, scam losses may undermine confidence in digital systems, resulting in…more

Australia, Banks, China, Consumer Protection Laws, Financial Institutions

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Alison Saling

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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Giampaolo Salsi

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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Jack Salter

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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Vittorio Salvadori di Wiesenhoff

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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Felisa Sanchez

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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Lena Sandberg

Brussels Regulatory Brief: March 2025

Antitrust and Competition - European Commission Launches Evaluation of the Geo-Blocking Regulation - On 11 February 2025, the European Commission launched a call for evidence to seek stakeholders’ views on the Geo-Blocking…more

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

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Rachel Cheasty Sanders

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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Lauren Sandground

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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Edward Sangster

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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Francesco Sanna

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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Rikki Sapolich-Krol

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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Brandy Sargent

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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Caitlin Sarpal

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

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James Sartucci

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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Brian Saulnier

The FCPA is Back—What Companies Need to Know About DOJ's New America-First Enforcement Priorities

On 9 June 2025, Deputy Attorney General Todd Blanche released a memo (the Blanche Memo) detailing the long-awaited enforcement guidelines on how the Department of Justice (DOJ) under Attorney General Pam Bondi will enforce the…more

Bribery, Cartels, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Michael Scanlon

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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Rebecca Schaefer

Long-Awaited Changes to Research Misconduct Rules Have Arrived

On 12 September 2024, the Office of Research Integrity (ORI) within the US Department of Health and Human Services (HHS) issued a final rule (Final Rule) that significantly modified the standards, procedures, and requirements…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Final Rules, HHS Office of Research Integrity (ORI), Investigations

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Dr. Franz Schaefer LL.M.

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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Ronie Schmelz

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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Rainer Schmitt

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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Lori Schneider

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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Tobias Schneider

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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Klaus Schubert

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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Lynn Schweinfurth

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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Paul Schwendeman

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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Gabriel Scott

The Wait Is Over: Revised CMS Enrollment Form Puts SNF Ownership and Management Under a Microscope

With the release of an updated CMS-855A enrollment form (855A), skilled nursing facilities (SNFs) will be required to identify substantially more detailed ownership and control information to Centers for Medicare and Medicaid…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Health Care Providers, Limited Liability Company (LLC)

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Laura Scott

Key Takeaways From the UK Financial Conduct Authority's Revised Enforcement Guide

Following a two-part consultation, which began in February 2024 (i.e., CP 24/2 and CP 24/2: Part 2) and was accompanied by a Policy Statement (PS25/5) setting out the UK Financial Conduct Authority’s (FCA) consultation response,…more

Disclosure Requirements, Enforcement Actions, Enforcement Guidance, Financial Conduct Authority (FCA), Financial Institutions

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Elodie Seddoh

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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Eric Sedlak

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

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William Semins

The FCPA is Back—What Companies Need to Know About DOJ's New America-First Enforcement Priorities

On 9 June 2025, Deputy Attorney General Todd Blanche released a memo (the Blanche Memo) detailing the long-awaited enforcement guidelines on how the Department of Justice (DOJ) under Attorney General Pam Bondi will enforce the…more

Bribery, Cartels, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

See all updates »

Alexa Sengupta

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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Rania Seoud

ASIC Trialling Fast-Tracked Initial Public Offerings

On 10 June 2025, the Australian Securities and Investment Commission (ASIC) announced that it was commencing a two-year trial of a fast-tracked initial public offering (IPO) process (Fast-Track Process)…more

ASIC, Australia, Capital Markets, Financial Markets, Initial Public Offering (IPO)

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Francesco Seri

The Italian Law Implementing the EU MiCar Regulation: A "MiFIDisation" of Crypto-Assets?

On 13 September 2024 Legislative Decree no. 129/2024 (Decree no. 129), implementing the MiCAR Regulation (Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets –…more

Banking Sector, Capital Markets, Cryptoassets, Cryptocurrency, Digital Assets

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Anna Shabalov

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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Eklavya Sharma

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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Matt Shell

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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Harriet Sherwin

Europe: FCA Advances Efforts to Address the UK’s EU Legislative Legacy, Starting With MIFID

Following an HM Treasury policy statement, the FCA has published a consultation paper proposing amendments to some of the Markets in Financial Instruments Directive (MIFID) conduct of business and systems and controls rules…more

Compliance, Conflicts of Interest, EU, Financial Conduct Authority (FCA), Financial Regulatory Reform

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Randa Shiblaq

Doing Business in Qatar—A Guide for Foreign Investors

Qatar has one of the fastest-growing economies in the world. To meet the demands of its rapid economic growth and to diversify away from the hydrocarbons industry, international investors are increasingly seeking to establish a…more

Business Development, Economic Development, Foreign Entities, Foreign Investment, Investors

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Yujing Shu

Adapting to Change: Understanding China's Updated Export Control Framework for Dual-Use Items

Since its implementation on 1 December 2020, the Export Control Law of the People’s Republic of China (the Export Control Law), has established a comprehensive framework for China’s export control system. To further streamline…more

China, Dual Use Goods, Export Controls, Exports

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Bernard Sia

April 2025 ESG Policy Update—Australia

Australian Update - ASIC Publishes Regulatory Guidance for New Sustainability Reporting Requirements - On 31 March 2025, the Australian Securities and Investments Commission (ASIC) published its Regulatory Guide 280…more

Australia, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Institutions

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Robert Sichel

United States: Department of Labor ESG and Cryptocurrency-Related Matters

The Department of Labor will engage in new rulemaking to replace Biden era regulations labeled “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights” that allowed plan fiduciaries may consider ESG…more

Cryptocurrency, Department of Labor (DOL), Digital Assets, Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG)

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Rob Silverblatt

President Trump Orders FCPA Freeze; DOJ Announces Major Policy Realignment De-Emphasizing Corporate Investigations and Enforcement

The much-heralded end to prosecutions brought pursuant to the Foreign Corrupt Practices Act (FCPA) never materialized during the first Donald Trump administration, but Trump 2.0 has the potential to bring major change to the US…more

Anti-Corruption, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Barbara Simanek

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

See all updates »

Douglas Simmons

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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Nur Liyana M. Sinwan

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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Brittany Skibowski

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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Benjamin Skillin

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

See all updates »

Andy Skouvakis

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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Jeroen Smets

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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Adam Smith

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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Alex Smith

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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Anna Smith

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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Catherine Smith

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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Donald Smith

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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Matthew Smith

URS v. BDW [2025]: Supreme Court Confirms Consultants' Duty to Developers for Historic Defects

The UK Supreme Court’s (Court) decision in URS Corporation Ltd v. BDW Trading Ltd [2025] UKSC 21 resolves key questions around the recoverability of remediation costs where the developer no longer owns the property and has no…more

Construction Defects, Construction Industry, Construction Litigation, Contract Disputes, Housing Developers

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Neil Smith

The FCPA is Back—What Companies Need to Know About DOJ's New America-First Enforcement Priorities

On 9 June 2025, Deputy Attorney General Todd Blanche released a memo (the Blanche Memo) detailing the long-awaited enforcement guidelines on how the Department of Justice (DOJ) under Attorney General Pam Bondi will enforce the…more

Bribery, Cartels, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

See all updates »

P. Wayne Smith

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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Robert Smith

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)

See all updates »

Sebastian Smith

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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Thomas Smith

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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Whitney Smith

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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Jenny Sneed

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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W.H. Snyder

Breaking CTA Alert—Nationwide Injunction Issued Against US Corporate Transparency Act

On 3 December 2024, Judge Amos Mazzant of the Eastern District of Texas issued a nationwide preliminary injunction with respect to the Corporate Transparency Act (CTA), enjoining enforcement of the CTA as well as the…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Brian Spang

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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Robert Sparkes, III

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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Steven Sparling

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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Katherine Staba

Fashion Law Update – February 2025

In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past year…more

Anti-Money Laundering, Brand, Copyright, Copyright Infringement, Counterfeiting

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Lacey Stanage

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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Douglas Stanford

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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Sarah Staples

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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Robert Starin

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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Sandra Steele

Case Alert: Repetitious Claims in Adjudication

Executive Summary - The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment…more

Adjudicatory Process, Appeals, Australia, Breach of Contract, Construction Disputes

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Yoanna Stefanova

Implementation of the Mobility Directive: Significant Changes for Mergers, Divisions and Conversions With the Introduction of a New Dual Regime

On 23 January 2025, Luxembourg enacted a bill implementing the EU Mobility Directive (2019/2121) for cross-border conversions, mergers and divisions, featuring (i) a harmonised legal framework for these transactions across the…more

Corporate Governance, Cross-Border Transactions, EU, Luxembourg, Mergers

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W. Dennis Stephens

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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Virginia Leggett Stevenson

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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Ryan Steyer

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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Kevin Stichter

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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Olivia Stitz

Key Disclosure Considerations for Your Upcoming Form 10-K and Proxy Statement

Public companies should be aware of new disclosure requirements for their upcoming Form 10-K filings for the fiscal year ended 31 December 2024 (2024 Form 10-K) and for their upcoming Proxy Statements to be filed in 2025 (2025…more

Clawbacks, Corporate Governance, Disclosure Requirements, Form 10-K, Insider Trading

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Kari Vander Stoep

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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Harold Storey

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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Michael Storm

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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Michael Stortz

CPPA Announces Enforcement Action Against Automaker

On 12 March 2025, the California Privacy Protection Agency (CPPA) settled with an automaker that allegedly violated various aspects of the California Consumer Privacy Act (CCPA). This first-of-its-kind settlement for the agency…more

Advertising, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Cookies

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Elle Stuart

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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Fatima Sulaiman

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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George Summerfield

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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Skye Summers

Private Equity Firms Should Prepare for Increased Scrutiny as DOJ Puts False Claims Violations Under the Microscope

Private equity investment in health care has grown significantly over the past two decades, and the US government is starting to pay attention. Recent announcements by the US Department of Justice (DOJ) and proposals by Congress…more

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

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John Susoreny

HSR Overhaul Takes Effect: A New Era For Dealmakers

On 10 February 2025, the Federal Trade Commission’s (FTC) overhaul of the rules implementing the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) became effective. The new rules now apply to all reportable…more

Administrative Procedure Act, Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Controls

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Jonathan Sutcliffe

Dubai Court of Appeal Annuls Anti-Suit Injunction Issued in ICC Arbitration Proceedings

Introduction - In a recent decision, the Dubai Court of Appeal (Court of Appeal) in Case No. 8 of 2025 (issued on 28 April 2025) annulled an interim award, issued by an arbitral tribunal in an ongoing International Chamber of…more

Anti-Suit Injunctions, Appellate Courts, Arbitration Awards, Commercial Litigation, Dubai

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Derek Sutton

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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Paul Sweeney Jr.

No Harm, No Foul–CIPA Claims Dismissed for Lack of Standing

The deluge of lawsuits and demand letters under the California Invasion of Privacy Act (CIPA) has prompted courts to scrutinize CIPA claims more rigorously, including the threshold question of whether CIPA plaintiffs have…more

California, CIPA, Class Action, Consumer Privacy Rights, Data Privacy

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John Sylvester

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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Endre Szalay

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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Kevin Szu-Tu

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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Andrew Tabler

AI Updates: Committees on Capitol Hill Continue Debate on Future of Emerging Technologies

“And if you study the history of the world, the nations that are the most military and economically domineer [sic] are the nations that are the most innovative,” Sen. Jon Husted (R-OH) remarked at a recent congressional hearing…more

Artificial Intelligence, Congressional Committees, Cybersecurity, Data Centers, Department of Defense (DOD)

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Becki Tam

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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Robert Tammero, Jr

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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Christopher Tan

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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Natalia Tan

April 2025 ESG Policy Update—Australia

Australian Update - ASIC Publishes Regulatory Guidance for New Sustainability Reporting Requirements - On 31 March 2025, the Australian Securities and Investments Commission (ASIC) published its Regulatory Guide 280…more

Australia, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Financial Institutions

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David Tang

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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Lucas Tanglen

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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Clare Tanner

Corporate Debtors and Transactions at an Undervalue–Lessons From the UK Supreme Court: El-Husseini and Another v Invest Bank PSC

The UK Supreme Court’s recent decision in El-Husseini and another v Invest Bank PSC [2025] UKSC 4 has clarified the circumstances in which section 423 of the Insolvency Act 1986 (the Act) provides protection against attempts by…more

Acquisitions, Asset Management, Corporate Restructuring, Corporate Structures, Creditors

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Lindsey Taulbee

SEC Policy Shift and Recent Corp Fin Updates–Part 3

SEC Issues New Guidance on Exclusion of Shareholder Proposals - Since the beginning of the year, the US Securities and Exchange Commission’s (SEC) Division of Corporation Finance staff (Corp Fin Staff) has issued several…more

Corporate Governance, Environmental Social & Governance (ESG), New Guidance, Proxy Statements, Regulatory Reform

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Natalie Taylor

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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Melissa Tea

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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Eva Teh Jing Hui

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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Adam Tejeda

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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Andrea Templeton

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

501(c)(3), Articles of Incorporation, Board Meetings, Board Members, Board of Directors

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Kelly Terribile

Important New Safe Harbors and Other Clarifying Changes to Delaware Corporate Law

The governor of the State of Delaware—consistent with his pledge to protect the “Delaware franchise”—recently signed into law amendments to Section 144 of the Delaware General Corporation Law (the DGCL) relating to certain acts…more

Board of Directors, Books & Records, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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Paul Tetlow

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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Yonathan Tewelde

United States: Y’all Street to Attract Business With “Pro-growth” Legislation

Growing corporate and financial industry interest in Texas as a viable alternative to Delaware for incorporation is creating a trend, which is being called “Dexit.”…more

Broker-Dealer, Business Entities, Capital Markets, Corporate Governance, New Legislation

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Jennifer Thiem

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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Dr. Frank Thomas

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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Elizabeth Thomas

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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Chimera Thompson

FERC Moves Forward Quickly on Generator Co-Location With Large Loads

During last week’s 20 February 2025 open meeting, the Federal Energy Regulatory Commission (FERC) initiated a show cause proceeding, directing grid operator PJM Interconnection, L.L.C. (PJM) and PJM’s transmission-owning…more

Data Centers, Electricity, Energy Projects, Energy Sector, FERC

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Gabrielle Thompson

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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Jamie Thompson

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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Xianjin Tian

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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Jin To

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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Chiara Toccagni

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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Ankur Tohan

EPA Plans Reset of GHG and Mercury Rules for Power Plants

Introduction - Continuing the regulatory whiplash over greenhouse gases (GHG) emissions from power plants, the United States Environmental Protection Agency (EPA) recently proposed repealing the Biden administration’s GHG power…more

Clean Air Act, Deregulation, Energy Policy, Energy Sector, Environmental Protection Agency (EPA)

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Marius Toime

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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Stephen Topetzes

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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Loly Garcia Tor

Litigation Minute: Plaintiffs Seek to Expand Greenwashing Claims to 'Aspirational' Statements About Businesses (ESG Litigation Series: Part Three)

What You Need To Know In A Minute Or Less - In a minute or less, here is what you need to know about the expanding state of greenwashing litigation being filed against manufacturers, distributors, and retailers of consumer…more

Advertising, Distributors, Environmental Social & Governance (ESG), Greenwashing, Manufacturers

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Ryan Tosi

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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Serena Totino

SkyKick v Sky: A Debrief of the Latest Developments

The UK Supreme Court recently handed down its judgment in the long-running SkyKick v Sky trade mark battle. The court considered the key issue of ‘bad faith’ applied to the over-claiming practice and its implications for trade…more

Bad Faith, Intellectual Property Protection, Trademark Infringement, Trademark Litigation, Trademarks

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Hayley Trahan-Liptak

The FCPA is Back—What Companies Need to Know About DOJ's New America-First Enforcement Priorities

On 9 June 2025, Deputy Attorney General Todd Blanche released a memo (the Blanche Memo) detailing the long-awaited enforcement guidelines on how the Department of Justice (DOJ) under Attorney General Pam Bondi will enforce the…more

Bribery, Cartels, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Joseph Trahern

Trump 2.0 Executive Orders; Shock and Awe

Overview - Since his inauguration on 20 January 2025, President Donald J. Trump has signed dozens of executive orders and presidential memoranda on topics including, but not limited to, energy and the environment; immigration;…more

Biden Administration, Climate Change, Energy Sector, Environmental Policies, Executive Orders

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Jacob Trevick

Senate Updates Code Section 899

On Monday, 16 June 2025, the Senate Finance Committee released its version (the Senate Proposal) of the Section 899 retaliatory tax provisions that also are included in the “One Big Beautiful Bill Act” (the Act) that was passed…more

Budget Reconciliation, Cross-Border Transactions, Foreign Investment, Foreign Tax, International Tax Issues

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Anna Trist

New Franchising Code to Commence in April

The Competition and Consumer (Industry Code–Franchising) Regulations 2024 (Cth) (the New Code Draft), which replaces the Competition and Consumer (Industry Codes—Franchising) Regulation 2014 (the Old Code), is now in force and…more

Australia, Competition, Consumer Protection Laws, Disclosure Requirements, Franchise Agreements

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Craig Trueblood

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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Joseph Tseng

Taiwan's National Science And Technology Council Has Published The Draft Bill Of The Basic Act On Artificial Intelligence For Public Consultation

The rapid development and spread of advanced artificial intelligence (AI) has led to legislative responses around the world to find suitable and adaptable governance measures. On 15 July 2024, the National Science and Technology…more

Algorithms, Artificial Intelligence, Bias, Code of Conduct, Data Management

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Vincent Tso

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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Christopher Tung

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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H.W. Turner

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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Sarah Turpin

Landlords Compelled to Hand Over Insurance Commissions to Tenants

Summary - The English High Court has ruled in the case of London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others,1 that a landlord responsible for insuring leased premises cannot charge tenants for landlord…more

Commercial Leases, Commercial Litigation, Contract Disputes, Contract Interpretation, Insurance Claims

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Madisyn Uekawa

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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Michael Vail

The Continued Evolution of Caremark Oversight Liability

In the last year, Delaware courts have issued several notable opinions that further define—and in some cases expand—the scope of liability for failures of oversight at a corporation. Claims by shareholders that one or more…more

Corporate Counsel, Corporate Governance, Corporate Liability, Corporate Officers, DE Supreme Court

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Christopher Valente

CFTC Staff Takes a "Measured First Step" in Artificial Intelligence

Introduction - On 5 December 2024, the Commodity Futures Trading Commission (CFTC) Divisions of Clearing and Risk, Data, Market Oversight, and Market Participants issued a staff advisory on the use of artificial intelligence…more

Artificial Intelligence, Asset Management, CFTC, Compliance, Financial Markets

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Sonya Van de Graaff

Corporate Debtors and Transactions at an Undervalue–Lessons From the UK Supreme Court: El-Husseini and Another v Invest Bank PSC

The UK Supreme Court’s recent decision in El-Husseini and another v Invest Bank PSC [2025] UKSC 4 has clarified the circumstances in which section 423 of the Insolvency Act 1986 (the Act) provides protection against attempts by…more

Acquisitions, Asset Management, Corporate Restructuring, Corporate Structures, Creditors

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Nicholas Vari

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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Artoush Varshosaz

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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Bruno Vascellari

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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John Vaughan

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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Marc Veilleux

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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Laura Veith

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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Caitlin Velasco

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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Claudia Velasquez

Challenge Denied: District Court Rules That FTC's Impending Nationwide Ban on Noncompetes Is Unlawful and Blocks Its Implementation

As previously alerted, the Federal Trade Commission (FTC or Commission) voted 3-2 this past April to publish and issue a final rule that (1) bans for-profit employers from entering into agreements with workers that impose a…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Christopher Verdini

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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Eric Vicente Flores

CPPA Announces Enforcement Action Against Automaker

On 12 March 2025, the California Privacy Protection Agency (CPPA) settled with an automaker that allegedly violated various aspects of the California Consumer Privacy Act (CCPA). This first-of-its-kind settlement for the agency…more

Advertising, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Cookies

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Vittoriana Todisco

Brussels Regulatory Brief: April 2025

Antitrust and Competition - European and UK Antitrust Enforcers Impose Fines Over End-of-Life Vehicles Recycling Cartel - On 1 April 2024, both the European Commission (the Commission) and the UK Competition and Markets…more

Antitrust Violations, Capital Markets, Cartels, Competition Authorities, Enforcement Actions

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Mathieu Volckrick

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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Dr. Friederike Gräfin von Brühl M.A.

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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Dr. Johann von Pachelbel

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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Frank Voon

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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Dr. Thorsten Vormann

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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Christopher Voss

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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Nobuki Wada

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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William Wade

United States: Department of Labor ESG and Cryptocurrency-Related Matters

The Department of Labor will engage in new rulemaking to replace Biden era regulations labeled “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights” that allowed plan fiduciaries may consider ESG…more

Cryptocurrency, Department of Labor (DOL), Digital Assets, Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG)

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Pallavi Mehta Wahi

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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William Waldman

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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Matthew Walker

URS v. BDW [2025]: Supreme Court Confirms Consultants' Duty to Developers for Historic Defects

The UK Supreme Court’s (Court) decision in URS Corporation Ltd v. BDW Trading Ltd [2025] UKSC 21 resolves key questions around the recoverability of remediation costs where the developer no longer owns the property and has no…more

Construction Defects, Construction Industry, Construction Litigation, Contract Disputes, Housing Developers

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Allison Wallace

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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Tom Wallace

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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Bryan Walpole, III

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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Leann Walsh

EEOC and DOJ Clarify the Federal Government's Enforcement Priorities As to Dei-Related Workplace Discrimination

On 19 March 2025, the US Equal Opportunity Commission (EEOC) and Department of Justice (DOJ) issued two technical assistance documents clarifying what workplace diversity, equity, and inclusion (DEI) programs and practices the…more

Civil Rights Act, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Henry Wang

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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Xiaotong Wang

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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Nicole Ward

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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Christopher Warner

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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Thomas Warns

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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Tony Watson

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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Matthew Watts

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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Scott Waxman

Important New Safe Harbors and Other Clarifying Changes to Delaware Corporate Law

The governor of the State of Delaware—consistent with his pledge to protect the “Delaware franchise”—recently signed into law amendments to Section 144 of the Delaware General Corporation Law (the DGCL) relating to certain acts…more

Board of Directors, Books & Records, Controlling Stockholders, Corporate Governance, Delaware General Corporation Law

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Tim Webster

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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Cynthia Weed

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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Philip Van Der Weele

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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Steven Weinstein

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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Edward Weisgerber

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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Elizabeth Weiskopf

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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Emily Weiss

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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Joseph Welborn III

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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Matthew Weldon

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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Kristin Wells

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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Lara Wengenmayr

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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Margaret Westbrook

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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R. Timothy Weston

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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Claire White

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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Elizabeth White

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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William Wickard

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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Christopher Wille

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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Brent Williams

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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Joanna Williams

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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Lucy Williams

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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Madeleine Williams

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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Craig Wilson

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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John Wilson

Talking Sports Law: A Conversation with Grecia Barboza, San Francisco 49ers Counsel

On this episode of Talking Sports Law, host Trevor Gates and co-host John Wilson are joined by Grecia Barboza, Counsel for the San Francisco 49ers (National Football League)…more

Advertising, Athletes, California, Corporate Counsel, Endorsements

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Phoebe Winder

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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Dr. Judy Witten LL.M.

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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Robert Wittie

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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Kimberley Wittner

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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Mark Wittow

Consumer Groups Request FTC Action on Software Issues for Connected Devices

A recent open letter sent to the Federal Trade Commission (FTC) jointly by consumer advocacy groups, including Consumer Reports, US PIRG and fifteen other entities, may be an early signal of future FTC focus. The letter…more

Consumer Product Companies, Federal Trade Commission (FTC), Software, Subscription Services

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David Wochner

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform…more

Clean Air Act, Clean Water Act, Energy Projects, Environmental Impact Statements, Environmental Litigation

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Ewa Wojciechowska

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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Charles Wolf

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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Robert Womble

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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Coleman Wombwell

The State of Play for Reverse Stock Splits by Nasdaq- And Nyse-Listed Issuers

Introduction - Issuers listed on the Nasdaq Stock Market and the New York Stock Exchange (NYSE) often conduct reverse stock splits to maintain compliance with each exchange’s US$1.00 minimum share price requirement. A reverse…more

Capital Markets, Corporate Governance, Disclosure Requirements, Nasdaq, NYSE

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Amy Wong

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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Tanner Wonnacott

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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Larry Woodard

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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Neil Woodgate

"Brexit Bites": Tax Implications for the United Kingdom

This is the twelfth in our series of "Brexit Bites" which focuses on Tax. National Tax Competence Regained? Taxation is largely a Member State competence under current EU law. However, there are a number of significant…more

Customs, EU, European Economic Area (EEA), Holding Companies, Member State

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Kimberly Woods

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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Alexander Woolley

Powering Our Net Zero Future - Implications for the UK Hydrogen Sector

Last week the UK government published its Energy White Paper (White Paper) titled ‘Powering Our Net Zero Future’. The purpose of the White Paper is to follow up on Prime Minister Boris Johnson’s ‘Ten Point Plan for a Green…more

Energy Sector, Hydrogen Power, Net Zero, UK, White Papers

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Megan Wotherspoon

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

Board of Directors, Books & Records, Breach of Duty, Delaware General Corporation Law, Fiduciary Duty

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Andrew Wright

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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Steven Wright

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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Stephanie Wright Pickett

Washington State Issues New Guidance on Pay Transparency Requirements for Job Postings

As we previously reported, states and cities across the United States have enacted or expanded pay equity laws that mandate compensation transparency in job advertisements. For example, the amended Washington Equal Pay and…more

Employer Responsibilities, Hiring & Firing, Job Ads, Job Applicants, Pay Transparency

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Dan Wu

Safe Harbors Part II - China's Safe Harbor Rules Lower the Barrier for Cross-Border Data Transfer

In Part I of our alert about China’s new safe harbor rules, we discussed key developments between the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (Chinese version only) and the Provisions on…more

China, Cross-Border, Data Controller, Data Security, International Data Transfers

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Enzo Wu

Safe Harbors Part II - China's Safe Harbor Rules Lower the Barrier for Cross-Border Data Transfer

In Part I of our alert about China’s new safe harbor rules, we discussed key developments between the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (Chinese version only) and the Provisions on…more

China, Cross-Border, Data Controller, Data Security, International Data Transfers

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Yibo Wu

What You Need to Know About China ‘Binding Corporate Rules' Under the New Certification Specifications

As China enhances its cybersecurity and data protection regime, the processing of personal information, and in particular the information of customers and employees, has come into focus under the Personal Information Protection…more

Binding Corporate Rules, China, Data Protection, Data Security, International Data Transfers

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Joseph Wylie II

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s…more

Biometric Information, Biometric Information Privacy Act, Consent, Damages, Data Collection

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Amigo Xie

Safe Harbors Part II - China's Safe Harbor Rules Lower the Barrier for Cross-Border Data Transfer

In Part I of our alert about China’s new safe harbor rules, we discussed key developments between the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (Chinese version only) and the Provisions on…more

China, Cross-Border, Data Controller, Data Security, International Data Transfers

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Sidar Yaksan

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Aiko Yamada

[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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Reymond Yammine

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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Edward Yao

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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Shiau Yen Chin-Dennis

Carbon Quarterly – Volume 11

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, CFTC, Climate Change, Energy Efficiency, Energy Policy

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Jennifer Yeung

Proposed Amendments to Federal Rule of Civil Procedure 30(B)(6) Introduce a Meet-and-Confer Obligation in Advance of Corporate Depositions

INTRODUCTION - Unless Congress intervenes, the first-ever substantive amendment to Federal Rule of Civil Procedure 30(b)(6) will take effect on 1 December 2020…more

Dispute Resolution, Meet and Confer, Proposed Amendments, Subpoenas

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Jenna Yim

Full Cost Recovery Proposed for Application Fees Under Australia's Mandatory Merger Clearance Regime

The Australian Treasury and the Australian Competition and Consumer Commission (ACCC) has released a consultation paper in which it proposes a full cost recovery regime for application fees under Australian's new mandatory…more

Acquisitions, Application Fees, Australia, Australian Competition and Consumer Commission (ACCC), Fees

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Phoebe Yin

Proposed Migration Changes

An exposure draft for the Migration Amendment (Protecting Migrant Workers) Bill 2021 (the Exposure Draft) which seeks to amend the Migration Act 1958 (Cth) (the Migration Act) was released on 26 June 2021. This Exposure Draft…more

Australia, Exploitation, Migrant Workers, Visas, Wage and Hour

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Cassidy Young

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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Tom Young

May 2025 ESG Policy Update—Australia

AUSTRALIAN UPDATE - ESG-Related Policy in Australia Under the Newly Re-Elected Labor Government - On 3 May 2025, the incumbent Labor government, led by Prime Minister Anthony Albanese, won re-election to a second consecutive…more

Australia, Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Financial Institutions

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Sook Young Yeu

Global Survey of ESG Regulations for Asset Managers - April 2025

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, social, and governance…more

Asset Management, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Investment Adviser

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Marina Yousef

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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Grace Yuan

Washington State Legislature Passes Capital Gains Tax Bill

On 4 May 2021, Governor Inslee signed Engrossed Substitute Senate Bill 5096 (the Act), establishing a state-level tax on long-term capital gains for Washingtonians, beginning 1 January 2022…more

Capital Gains, Capital Gains Tax, Governor Inslee, Grantors, Tax Credits

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Alessandro Zaccheo

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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Kaveh Zegrati

COVID-19 (Australia): ASX Class Waiver to Give Effect to ASIC Reporting Relief

On 16 June, ASX released a class waiver decision (Class Waiver) in order to give effect to ASIC Corporations (Extended Reporting and Lodgement Deadlines - Listed Entities) Instrument 2020/451 (ASIC Relief), providing additional…more

ASIC, Australia, Australian Securities Exchange (ASX), Relief Measures, Waivers

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Marion Zeller

The Inside Basis: Tax Insurance in Luxembourg

In our second episode of The Inside Basis, Randy Clark is joined by Marion Zeller, a tax partner in our Luxembourg office, and David Mussche, an associate director with Howden M&A's tax team, to discuss the state of tax…more

Acquisitions, Insurance Industry, International Tax Issues, Luxembourg, Mergers

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Kai Zhang

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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Anita Zhou

Asset Management Regulatory Year in Review 2024

2024 was a year of meaningful regulatory change for asset managers globally. The regulatory activity was wide ranging and without a particular unifying theme. In fact, the wide, and in cases diverging focuses of key global…more

Asset Management, Australia, Capital Markets, Cryptoassets, Cryptocurrency

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George Zornada

What a Relief! Co-Investments Get Easier for Interval Funds, Tender Offer Funds, and Business Development Companies

The US Securities and Exchange Commission (SEC) has approved a streamlined framework for co-investments involving certain closed-end funds and business development companies (together, Regulated Funds)…more

Board of Directors, Business Development Companies, Corporate Governance, Investment Adviser, Investment Funds

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Zain Zubair

The Essentials—California Employment Law Update for 2025

In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025. Where our team previously published alerts on a particular…more

Anti-Retaliation Provisions, California, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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