Author Info for Troutman Pepper Locke

Litigation Heats Up Over Air Ambulance Billing Practices Under the No Surprises Act

There has been a flurry of recent activity in a case originally filed by six air ambulance companies claiming $20 million in unpaid emergency services invoices… more

Aetna, Airline Deregulation Act, Ambulance Providers, Aviation Industry, Contract Disputes

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Negotiating the Tension Between Transparency and Privacy

Making individual patient-level data available for other research presents companies with challenges, but researchers and companies can take steps to minimize the risks. Originally published in Drug and Medical Device, For… more

Clinical Trials, Data Privacy, Data-Sharing, Life Sciences, Medical Records

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Thomas Abbott

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Marc Abrahams

Brexit: What You Need To Know - Insolvency / Restructuring

Some important areas of the UK insolvency law regime are impacted by the harmonisation and applicability of EU treaties, regulations, directives and court decisions: both directly (e.g., recognition of cross-border proceedings,… more

Corporate Counsel, EU, Insolvency, Member State, Referendums

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David Abramowitz

FDA Issues Updates as MoCRA ‎Deadlines Approach

As the December 29, 2023 deadline for certain aspects of the Modernization of Cosmetics Regulation Act (“MoCRA”) approaches, FDA has finalized its guidance document governing the registration of cosmetic manufacturing facilities… more

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

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Leah Tedford

Eleventh Circuit Throws Debt Collectors Under the FDCPA Bus for Sharing Account Information with Letter Vendors

In a panel decision on April 21, the Eleventh Circuit held that (1) a consumer had standing to bring a claim under the Fair Debt Collection Practices Act (FDCPA) because he alleged an invasion of privacy based on the spread of… more

Article III, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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Mark-David Adams

The Effective Date of the New Issue Price Regulations is Near

On December 9, 2016, the United States Treasury Department published regulations (the “Issue Price Regulations”) setting forth new rules for the determination of the issue price of a tax-exempt bond issue. The Issue Price… more

Bond Issuers, Bonds, Offering Price, Private Placements, Tax-Exempt Bonds

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Sandra Adams

Spoliation Rule Remains Ambiguous Despite Amendments

Pursuant to Federal Rule of Civil Procedure 37(e)(2), imposition of the most severe sanctions for failure to preserve relevant electronically stored information — a presumption that the information lost was unfavorable, an… more

Adverse Inference Instructions, Destruction of Evidence, Discovery, Discovery Disputes, Duty to Preserve

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Matthew Adler

SCOTUS Declines to Decide Missouri Corporation's Question of International Comity and State Law

International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity… more

Alien Tort Statute, Appeals, Choice-of-Law, Comity, Extraterritoriality Rules

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Sheri Adler

SEC Conducts Roundtable on Executive Compensation Disclosure Practices

As previewed in our previous blog post, the Securities and Exchange Commission (SEC) hosted a roundtable on executive compensation disclosure on June 26, with panelists considering whether and to what extent the current… more

CEOs, Corporate Governance, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Annette Ahlers

NOL Carryback Issues for Companies That Departed a Consolidated Group, Including Split Waivers and AMT Credit Refunds

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act, H.R. 748) included changes to the federal income tax loss (NOL) carryforward provisions under Section 172 of the Internal Revenue Code. One of the significant… more

Business Taxes, CARES Act, Carryback Rules, Coronavirus/COVID-19, Corporate Taxes

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Melissa Aikman

Takeaways from Listening Session on the Development of FDA’s Center for Tobacco Products Strategic Plan

On August 22, 2023, the Troutman Pepper Tobacco + Nicotine Team attended the Food and Drug Administration’s Center for Tobacco Products (“CTP”) virtual listening session on the development of CTP’s strategic plan. We previously… more

E-Cigarettes, Food & Drug Regulations, Food and Drug Administration (FDA), Public Health, Public Safety

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Cagatay Akkoyun

SEC Chairman Encourages Companies to Disclose Funding Needs, Including Participation in Federal Emergency Funding Programs

Many companies are facing potential funding issues as a result of the coronavirus (COVID-19) epidemic. Investors want to know if the companies they invest in are planning to raise capital, including through participation in new… more

Capital Controls, CARES Act, Coronavirus/COVID-19, Disclosure Requirements, Federal Loans

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Shirley Akrasih

Change in the Wind: Time for Employers to Review Their 2022 Workplace Drug Testing Polices

Q: I read that some major companies no longer drug test applicants for marijuana. What should our company consider as we conduct a review of our workplace drug testing policy for 2022?… more

Drug Testing, Employer Liability Issues, Employment Policies, Hiring & Firing, Job Applicants

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Zie Alere

Unpacking the Illicit E-Cigarette Crackdown by State AGs

In mid-January, a bipartisan coalition of nine state attorneys general, as well as the Washington, D.C., attorney general, announced a coordinated effort to curb illicit electronic cigarette sales. The attorneys general of… more

Civil Investigation Demand, E-Cigarettes, Enforcement Actions, Food and Drug Administration (FDA), Preemption

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Steven Allison

California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage

On June 7, the California Supreme Court issued an important opinion clarifying the circumstances under which an insured may trigger coverage under an excess policy in relation to a loss spanning multiple policy periods. This… more

CA Supreme Court, Excess Policies, Insurance Claims, Insurance Litigation, Policy Terms

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Brandon Almond

D&O and Professional Liability 2023: A Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country… more

Consent, Corporate Counsel, D&O Insurance, Independent Counsel, Insurance Litigation

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Rebecca Alperin

DOL Guidance on Cybersecurity: A Cautionary Note for Plan Sponsors

Have you asked yourself recently: “Are my ERISA plan’s assets and participant data protected from cyberattacks?” If not, you should. The Department of Labor’s (DOL) release of cybersecurity best practices for plans covered by… more

Best Practices, Cybersecurity, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Jack Altura

Ad Technology Compliance Tips From Video Privacy Claims

“Stranger Things” has made many of us think back on the days when we waited at Blockbuster to pick the latest release of our favorite movies, sometimes at the return dropbox. And the use of the term “Borked” has probably not… more

Cybersecurity, Data Collection, Data Protection, Personally Identifiable Information, Video Privacy Protection Act

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Brianna Alunni

FDA Finalizes Guidance on Communications Regarding Unapproved Uses of Medical Products

On January 7, the U.S. Food and Drug Administration (FDA) finalized its October 2023 guidance document titled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of… more

Final Guidance, Food and Drug Administration (FDA), Health Care Providers, Healthcare, Medical Devices

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Victoria Alvarez

SCOTUS Declines to Decide Missouri Corporation's Question of International Comity and State Law

International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity… more

Alien Tort Statute, Appeals, Choice-of-Law, Comity, Extraterritoriality Rules

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Susan Stoops Ancarrow

Key Takeaways for Regional and Community Banks from the Federal Reserve's April 2021 Supervision and Regulation Report

Twice a year — once in the spring and then again at the end of the year — the Board of Governors of the Federal Reserve System (Federal Reserve) publishes a report on banking conditions in the United States. Typically, the… more

Banking Sector, Banks, Federal Reserve, Financial Institutions

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Emily Anderson

Ohio Federal Court Declines to Dismiss Action Against the Officer of a General Contractor Who Allegedly Submitted False Certifications Regarding Payments Made to Subcontractors With Payment Applications

Decker Constr. Co. v. Wesex Corp., No. 2:18-cv-727, 2019 BL 232653 (S.D. Ohio June 24, 2019) - In Decker Construction Co. v. Wesex Corporation, the United States District Court for the Southern District of Ohio declined to… more

Breach of Contract, Construction Contracts, Construction Litigation, Construction Project, Contract Disputes

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Timothy Anderson

FinCEN's Proposed New Rule to Increase Reporting Requirements in Residential Real Estate

On February 7, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) proposed a new rule to increase reporting requirements for nonfinanced, entity-purchased residential real estate. FinCEN… more

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

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Elizabeth Holt Andrews

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Travis Andrews

Biden Signs Executive Order Intended to Improve the Federal Government's Cybersecurity

On May 12, President Biden signed an executive order intended to improve the federal government’s cybersecurity. This comes in the wake of sweeping cyber incidents, such as the SolarWinds incident that affected both public and… more

Biden Administration, Cyber Attacks, Cybersecurity, Executive Orders, Federal Contractors

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Robert Angle

The EU Is Throwing Stones in the Data Lake by Regulating AI – What Global Companies Need to Do Now to Prepare

High-stakes artificial intelligence (AI) is becoming even higher risk in the European Union, where AI regulation efforts are underway that could cost your company up to 6% of its total worldwide revenues—more than the potential… more

Artificial Intelligence, EU, European Commission, General Data Protection Regulation (GDPR), Proposed Rules

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David Anthony

May 2025 Consumer Litigation Filings: Mostly Up

According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and complaints filed with the Consumer Financial Protection Bureau (CFPB) were all… more

Consumer Financial Protection Bureau (CFPB), Consumer Litigation, Consumer Protection Laws, Fair Credit Reporting Act (FCRA), FDCPA

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Daniel Anziska

Antitrust Division Declares Enterprise Wireless Merger Settlement a Victory

Shortly before the scheduled start of the trial, the U.S. Department of Justice, Antitrust Division (Division) reached a settlement with Hewlett Packard Enterprise (HPE) and Juniper Networks (Juniper), allowing their $14 billion… more

Acquisitions, Antitrust Division, Antitrust Litigation, Antitrust Violations, Competition

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Gary Apfel

Will New U.S. Court Of Appeals Decision On ‘Recess Appointments’ Stay Dodd-Frank Powers Granted To CFPB And Vacate Certain Actions?

Holding that recess appointments authorized by the Recess Appointments Clause of the U.S. Constitution are limited to “intersession recesses” – “the period between sessions of the Senate when the Senate is by definition not in… more

Barack Obama, Canning v NLRB, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Pro Forma Sessions

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Alexandra Apple

Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages

Town of New Milford v. Std. Demolition Srvcs., Inc., 212 Conn. App. 30 (2022) - The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The town… more

Breach of Contract, Consequential Damages, Contract Drafting, Liquidated Damages

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Patrick Archambault

Navigating Jurisdictional Pitfalls: Lessons From Global One Media, Inc. v. Newtek Small Business Finance, LLC on Lien Filing Errors

The Ninth Circuit Bankruptcy Appellate panel recently reaffirmed the longstanding principle that a UCC-1 financing statement securing personal property must be filed at the debtor’s location. In a recent case, the lender did not… more

Appeals, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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Miriam Archibong

FERC Approves Pipeline Certificates with Last Minute Amendment Caveating GHG NEPA Analysis as “Information Only”

On May 20, 2021, FERC issued two orders in which it authorized two pipeline companies to construct and abandon certain pipeline facilities, subject to conditions. In an exciting and sometimes tense Commission open-meeting, the… more

Energy Projects, Energy Sector, Environmental Impact Report (EIR), FERC, Greenhouse Gas Emissions

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Daniel Archuleta

Fueling Up: How to Make U.S. Clean Hydrogen Projects Happen

We are pleased to announce the release of our latest whitepaper, Fueling Up: How to Make U.S. Clean Hydrogen Projects Happen. This comprehensive report explores the critical steps needed to unlock the potential of clean hydrogen… more

Carbon Emissions, Clean Energy, Energy Projects, Fossil Fuel, Green Energy

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Joan Arnold

Section 899 Implications for Foreign Banks Lending to US Borrowers through US Lending Offices

In an earlier alert, we described the potential impact of the One Big Beautiful Bill on withholding taxes imposed on loans made by foreign banks to U.S. borrowers… more

Banks, Borrowers, Consumer Financial Products, Corporate Taxes, Federal Budget

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John Arnold

Well, Well: Outlook for CCUS Projects in Texas Improves as EPA Proposes to Delegate Permitting Authority and the Texas Supreme Court Clarifies Pore Space Ownership

On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells pursuant… more

Carbon Capture and Sequestration, Drinking Water, Energy Projects, Environmental Protection Agency (EPA), Oil & Gas

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David Asbury

Judge Dismisses FDCPA Case Alleging Violations Based on Undated Model Validation Notice

On November 20, a judge for the Southern District of New York granted a motion to dismiss a Fair Debt Collection Practices Act (FDCPA) class-action holding that a simple lack of a date on a model validation notice did not amount… more

Class Action, Debt, Debt Buyers, Debt Collection, Debt Collectors

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Saba Ashraf

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Timothy Atkins

Know Your Customer - and Theirs - to Understand the Scope of Your Compliance Burden

Each year, the U.S. government invests hundreds of millions of dollars in research and development initiatives, impacting virtually all industry sectors of the U.S. economy… more

Cooperative Agreements, DFARS, Federal Funding, Grants, Research and Development

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Theodore Augustinos

2024 Privacy, AI & Cybersecurity Year in Review

2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United… more

Artificial Intelligence, Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Brokers

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Lindsay Austin

US Assembly Offset for Section 232 Auto Tariffs and Tariff Stacking Guidance Introduced

On April 29, President Trump issued a new proclamation, “Amendments to Adjusting Imports of Automobiles and Automobile Parts into the United States,” modifying Proclamation 10908 “Adjusting Imports of Automobiles and Automobile… more

Automotive Industry, Critical Infrastructure Sectors, Customs and Border Protection, Executive Orders, Imports

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Antonio Avant

Microsoft 365 eDiscovery Updates‎

eMerge recently hosted a webinar exploring the latest changes to Microsoft 365 Purview's eDiscovery solution. Our panel of attorneys and technologists examined the nature of these updates and discussed the preparatory steps… more

Client Services, Data Management, Data Preservation, Discovery, Document Review

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Reem Ayad

The Key Reforms to Arbitration Act 2025 Set to Reinforce the UK’s Position as World Leader in Arbitration

For commercial parties globally, England has long been heralded as a leader for dispute resolution, particularly in arbitration. To maintain its competitive position, in 2022, the Law Commission of England and Wales conducted a… more

Arbitration, Arbitration Agreements, Arbitration Award Challenges, Arbitration Awards, Choice-of-Law

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Mark Backofen

The Madrid Protocol - August 2022

The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark… more

Intellectual Property Protection, International Trademark Protection, Madrid Protocol, Trademark Application, Trademark Registration

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Timothy Bado

Arizona AG Takes Action Against Company for Alleged Deceptive Marketing Practices

Last month, Arizona Attorney General (AG) Kris Mayes announced a lawsuit alleging that CBR Systems, Inc. (CBR), one of the nation’s largest cord blood banking companies, engaged in deceptive and unfair practices… more

Advertising, Enforcement Actions, False Advertising, Health Care Providers, Healthcare

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Cordon Baesel

California Sets Stage to Improve Hazardous Waste Management

In what should be welcome news to industry and others who generate hazardous waste in California (including contaminated soil), the California Environmental Protection Agency (EPA), through the Department of Toxic Substances… more

California, Circular Economy, DTSC, Environmental Policies, Environmental Protection Agency (EPA)

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Kelsey Bagot

FERC Issues Proposed Rulemaking on Transmission Line Ratings

On November 19, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing to reform its regulations and pro forma OATT to improve the accuracy and transparency of transmission line ratings. According to FERC, more… more

Energy Sector, FERC, ISOs, NPRM, RTO

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Charles Baker

Federal Circuit Clarifies Liability of ‎Foreign Revenue for U.S. Domestic Patent ‎Infringement

In a ruling with significant implications for both plaintiffs and defendants in patent infringement disputes, the Federal Circuit recently clarified the law on using foreign revenue as a damages base for U.S. patent… more

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

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Hayden Baker

What We're Seeing – 2022 Dealmaking Outlook

The Rearview Mirror - Robust multiples and fear that the Biden administration might succeed in passing tax laws resulted in 2021 being one of the busiest years ever in the private equity space. Within the capital markets,… more

Corporate Sales Transactions, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Health Information Technologies, Initial Public Offering (IPO)

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Karla Ballesteros

When to Notify Your Cyber Carrier of a Security Incident - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

Our company experienced a cybersecurity incident. It seemed pretty minor — just a few suspicious emails and an employee’s account being locked. To my dismay, we’re now hearing from our IT team that the issue is more serious. We… more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Privacy

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Tomi Balogun

Encrypted Electronic Instant Messaging Applications Continue to Catch the Government's Attention

In March 2023, the Department of Justice (DOJ) Criminal Division updated its Evaluation of Corporate Compliance Programs (ECCP) guidance to address the use of personal devices and third-party messaging applications by corporate… more

Compliance, Department of Justice (DOJ), Enforcement Actions, Internal Controls, White Collar Crimes

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Hugh Balsam

HUD Face-to-Face Meeting Requirement: Fourth Circuit Holds That a Bank Office That Conducts No Mortgage-related Business Does Not Qualify as a “Branch Office” of a “Mortgagee”

On April 20, 2020, the United States Court of Appeals for the Fourth Circuit became the first Circuit Court of Appeal in the United States to hold that a mortgage lender must have a “branch office” that conducts at least some… more

Coronavirus/COVID-19, Foreclosure, HUD, Mortgages

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Justin Balser

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Raj Bandla

New Reporting Requirements for Multifamily Residential Developments Leased From Public Facility Corporations

On Thursday, November 7, 2024, the Texas Department of Housing and Community Affairs (“TDHCA”) approved a change to its Public Facility Corporation Compliance Rules found at 10 Texas Administrative Code, Chapter 10, Subchapter… more

Housing Developers, Multi-Family Development, Reporting Requirements

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Jeffery Banish

Executive Compensation in Mergers and Acquisitions — Troutman Pepper Podcast

In this installment of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, Partners Jeffery Banish and Joshua Gelfand discuss many of the complex issues surrounding… more

Acquisitions, Employee Benefits, Employer Liability Issues, Mergers

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Wallace Bao

SEC Seeks to Enhance Disclosures and Provide Additional Investor Protections Related to SPACs

Citing the “unprecedented surge” in the number of initial public offerings by special purpose acquisition companies (SPACs) over the past two years, the SEC has proposed new rules that would require enhanced disclosures and… more

Disclosure Requirements, Initial Public Offering (IPO), Publicly-Traded Companies, Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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William Barnard

M&A Broker Exemption Update‎

We are updating our March 6, 2023 QuickStudy that discussed the new statutory exemption under section 15(b)(13) of the Securities Exchange Act of 1934 from broker registration that allows unregistered M&A advisers to provide M&A… more

Broker-Dealer, EBITDA, Exemptions, Registration Requirement, Securities Exchange Act

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Hailey Barnett

Appeals Court Construes Massachusetts Prompt Payment Act for First Time, Requiring Strict Compliance

Tocci Bldg. Corp. v. IRIV Partners, LLC, 101 Mass. App. Ct. 133 (2022) - For the first time, the Appeals Court of Massachusetts has construed the Massachusetts Prompt Payment Act (the statute), requiring strict compliance on… more

Construction Contracts, Construction Industry, Construction Project, Contractors, Prompt Payment

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Keith Barnett

OCC Patriot Bank Order Spotlights AML Issues For Managers

On Jan. 14, Patriot Bank, based in Stamford, Connecticut, entered into an agreement with the Office of the Comptroller of the Currency to address and rectify several alleged unsafe or unsound practices and violations of law… more

Anti-Money Laundering, Banks, BSA/AML, Enforcement Actions, Financial Institutions

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Alexandra Steinberg Barrage

FOIA Litigation Unveils Important Supervisory Insights and Needed Reform

Following the Freedom of Information Act (FOIA) litigation brought against the Federal Deposit Insurance Corporation (FDIC) in 2024, on February 5, 2025, the FDIC released hundreds of pages of documents related to its… more

Banks, Cryptocurrency, Digital Assets, FDIC, FinTech

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Peter Barrett

Insurance Considerations Arising From Spinoff Transactions

Since January 1, 2019 there have been approximately 20 spinoff transactions announced. And to date there have been a number of instances of litigation arising out of spinoffs, some of which have insurance-related issues in… more

Board of Directors, Breach of Duty, Fiduciary Duty, Parent Corporation, Spinoffs

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Janet Barsky

Your Own Agreements Can Be Your Worst Enemy in IC Misclassification Cases

Companies that use independent contractors (ICs) typically require ICs to sign a contractor agreement prepared by the company. But, if it is drafted like the one reviewed in late September by the U.S. Court of Appeals for the… more

Contract Drafting, Corporate Counsel, Franchise Agreements, Franchisee, Franchisors

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Christopher Barth

Illinois Legislature Considering Legislation Recognizing Legality of Smart Contracts

The Illinois state legislature is considering a bill which would put the state among the select few specifically granting legal recognition to blockchain “smart contracts” by placing smart contracts on an equal footing with… more

Blockchain, Digital Currency, Smart Contracts, State and Local Government, State Legislatures

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Taylor Bartholomew

Delaware Court of Chancery Allows Amendment of LLC Agreement to Permit Disparate Consideration Where Amendment Provisions Were Followed

In Faiz Khan and Ralph Finger v. Warburg Pincus, LLC et al., the Delaware Court of Chancery held that the implied covenant of good faith and fair dealing was not applicable to a private equity sponsor’s amendment of a limited… more

Acquisition Agreements, Business Litigation, Contract Disputes, Contract Terms, Corporate Sales Transactions

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Veronica Bartholomew

TCPA: Text Messages Still Hot-Button Issue After Furniture Companies Resolve Class for Millions

On July 6, the U.S. District Court for the Middle District of Florida granted final approval of a multimillion-dollar, class-action settlement in Parker v. Stoneledge Furniture, LLC, et al., No. 21-740 (M.D. Fla.) to resolve… more

Auto-Dialed Calls, Class Action, Class Members, TCPA, Text Messages

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Madeline Olivia Baruch

FINRA Finds Potential Rule Violations in Crypto Asset Sweep

In November 2022, the Financial Industry Regulatory Authority (FINRA) launched a targeted crypto asset sweep, reviewing more than 500 retail communications related to crypto assets from member firms… more

Broker-Dealer, Cryptoassets, Digital Assets, Financial Crimes, Financial Industry Regulatory Authority (FINRA)

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Christopher Bascom

Texas Supreme Court Holds Administrative Wire Transfer Form Does Not Impose Contractual Duties on Bank

In Cadence Bank, N.A. v. Roy J. Elizondo III, PLLC, the Supreme Court of Texas recently held that an administrative form relied upon by a victim of a fraud scam did not impose contractual obligations on a bank to verify… more

Banking Sector, Banks, Wire Transfers

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Lori Basilico

Feeling Competitive: The Reasonableness of Forfeiture-for-Competition Provisions

In 2024, employers rushed to track the twists and turns of the Federal Trade Commission’s (FTC) noncompete ban, which attempted to limit the enforceability of agreements that restrict employees from working for a competitor… more

Appeals, Compensation & Benefits, Competition, Contract Terms, Employee Rights

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Barak Bassman

Unsurprisingly, The No Surprises Act Has Surprises: Part II

On December 9, the American Medical Association (AMA) and the American Hospital Association (AHA) (the Associations) filed a lawsuit in the U.S. District Court for the District of Columbia challenging the proposed regulations… more

Department of Health and Human Services (HHS), Health Care Providers, Health Insurance, Healthcare Facilities, No Surprises Act (NSA)

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Cynthia Bast

New Reporting Requirements for Multifamily Residential Developments Leased From Public Facility Corporations

On Thursday, November 7, 2024, the Texas Department of Housing and Community Affairs (“TDHCA”) approved a change to its Public Facility Corporation Compliance Rules found at 10 Texas Administrative Code, Chapter 10, Subchapter… more

Housing Developers, Multi-Family Development, Reporting Requirements

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Albert Bates Jr.

Construction Arbitration

Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving… more

Arbitration, Construction Contracts, Construction Disputes, Construction Industry, Construction Project

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Billy Baucom

Nora Brownell: An In-Depth Conversation With the Former FERC Commissioner – Battery + Storage Podcast

Get ready to plug into the electrifying mind of Nora Brownell. This week, Bill sits down with the former FERC commissioner and current partner at Clean Energy Ventures to discuss everything FERC-land and beyond. Listen in as… more

Battery, Clean Energy, Energy Sector, Energy Storage, FERC

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Michael Baughman

Foreign Influence in Universities Targeted by Trump Administration

As part of the “America First” Investment Policy Memorandum, released on February 21, the Trump administration signaled that it may increase restrictions on investments made by American university endowments relating to foreign… more

Colleges, Department of Education, Foreign Adversaries, Foreign Investment, Foreign Policy

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Christopher Baxter

Tariff Reform Legislation and Congressional Trade Activity – Week of April 7, 2025

On April 9 at 12:01am, reciprocal tariffs on more than 60 countries ranging from 17-50% were scheduled to go into effect, only to be pulled back on April 9 as President Trump announced a 90-day pause — possibly to July 8. The… more

China, Congressional Committees, Congressional Investigations & Hearings, Exports, Foreign Policy

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McKenzie Bayliss

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

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Rachael Beavers

Well, Well: Outlook for CCUS Projects in Texas Improves as EPA Proposes to Delegate Permitting Authority and the Texas Supreme Court Clarifies Pore Space Ownership

On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells pursuant… more

Carbon Capture and Sequestration, Drinking Water, Energy Projects, Environmental Protection Agency (EPA), Oil & Gas

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Coburn Beck

A Voltage Voyage With Danielle Spalding, Cirba Solutions — Battery + Storage Podcast

In this episode, guest hosts Dan Anziska and Coby Beck join Bill Derasmo for an interview with Danielle Spalding, vice president of communications and public affairs at Cirba Solutions. Spalding discusses the importance of… more

Batteries, Clean Energy, Energy Policy, Energy Storage, Energy Tax Incentives

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James Beers Jr.

EPA’s Newest Emission Reduction and Reclamation Program Breaks Refrigerants and Cooling Status Quo

The U.S. Environmental Protection Agency (EPA) has finalized regulations impacting a large swath of refrigeration and cooling equipment industries. The new regulations are the most recent EPA action addressing the use of… more

Air Pollution, Carbon Emissions, Clean Air Act, Climate Change, Environmental Policies

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Ali Beidoun

The SEC's New Marketing Rule - Practically Speaking: General Prohibitions

In December 2020, the Securities and Exchange Commission (SEC) finalized amendments to its advertising and solicitation rules under the Investment Advisers Act of 1940, as amended. Those finalized amendments merged the Advisers… more

Advertising, Amended Rules, Investment Adviser, Investment Advisers Act of 1940, Marketing

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William Belanger

Navigating Intellectual Property Challenges in the Renewable Energy Sector - Energy Law Insights

Join Troutman Pepper Partners Bill Belanger and Greg Len for an insightful discussion on the evolving landscape of intellectual property (IP) within the renewable energy sector. Discover the increasing trend of patent… more

Energy Sector, Intellectual Property Protection, Patent Litigation, Patents, Renewable Energy

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Akshay Belani

Senate Banking Committee Unveils Principles for Digital Asset Market Structure Legislation

On June 24, Senate Banking Chairman Tim Scott (R-SC), Subcommittee on Digital Assets Chair Cynthia Lummis (R-WY), Senator Thom Tillis (R-NC), and Senator Bill Hagerty (R-TN) released a set of guiding principles for the… more

Cryptocurrency, Digital Assets, Financial Institutions, Financial Markets, Financial Regulatory Reform

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Shana Beldick

Emoji Etiquette: Navigating Professionalism and Connection in the Workplace With The Emoji Movie — Hiring to Firing Podcast

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Troutman Pepper's Chief Human Resources Officer Shana Beldick to discuss the appropriate use of emojis in professional settings… more

Digital Communications, Employer Liability Issues, Employment Policies, Hiring & Firing, Human Resources Professionals

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Taylor Belknap

More Than $1.24B in SBA Debenture Leverage Priced at 4.38%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term… more

Debentures, Investment, Private Investment Funds, SBA, SBIC

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Mark Bell Ph.D.

Federal Circuit Continues to Dismantle Diagnostic Patents

Any new and useful process, machine, manufacture, or composition of matter may be patented in the United States. However, the Supreme Court has held that “laws of nature, natural phenomena, and abstract ideas” are not eligible… more

Abstract Ideas, Intellectual Property Protection, Patent Infringement, Patents

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Virginia Bell Flynn

Litigation Heats Up Over Air Ambulance Billing Practices Under the No Surprises Act

There has been a flurry of recent activity in a case originally filed by six air ambulance companies claiming $20 million in unpaid emergency services invoices… more

Aetna, Airline Deregulation Act, Ambulance Providers, Aviation Industry, Contract Disputes

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Barry Bendes

5th Circuit Lifts Nationwide Preliminary Injunction Against Enforcement of CTA

On December 23, 2024, the United States 5th Circuit Court of Appeals granted the government’s motion for a “stay pending appeal” of the Texas Top Cop Shop, Inc. v. Garland preliminary injunction prohibiting enforcement by FinCEN… more

Beneficial Owner, Corporate Transparency Act, FinCEN, Preliminary Injunctions, Reporting Requirements

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Yuliya Benina

Consumer Financial Regulation: Pennsylvania

A Q&A guide to consumer finance regulation in Pennsylvania. This Q&A addresses state-specific laws governing the offering and sale of consumer financial products and services, including credit cards, residential mortgages,… more

Consumer Financial Products, Consumer Lenders, Credit Cards, Debt Collection, Financial Services Industry

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Myra Benjamin

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Emma Bennett

Is AI Eavesdropping on You?‎

Consumer-facing artificial intelligence (“AI”) tools are quickly becoming the target of wiretapping class actions, particularly in California where the state’s wiretapping law provides for statutory damages and has been… more

Artificial Intelligence, Data Collection, Eavesdropping, Wiretapping

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Michael Bennett

Mitigating Ransomware Liability

The recent malware attack on Hollywood Presbyterian Medical Center is an example of the latest trend in security concerns, called “ransomware.” Hollywood Presbyterian’s networks were infiltrated by malware that encrypted key… more

Bitcoin, Cyber Attacks, Hospitals, Malware, Ransomware

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Michael Berdan

New DOL Rule: Changes to Salary Thresholds for Overtime Exemptions

On Tuesday, the U.S. Department of Labor (DOL) released a final rule, "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees," which significantly raises the… more

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

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Scott Bergeson

Discontinuation of AFCP 2.0: Strategic Adjustments for Patent Applicants

The U.S. Patent and Trademark Office (USPTO) has announced the discontinuation of the After Final Consideration Pilot 2.0 (AFCP 2.0) program, effective December 15, 2024. This change necessitates a strategic shift for patent… more

Federal Pilot Programs, Intellectual Property Protection, Patent Applications, Patent Examinations, Patent Prosecution

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Chris Bergin

PFAS Designated as CERCLA Hazardous Substances

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the… more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Brittany Sadler Berky

Judge Dismisses FDCPA Class Action Brought Over $0 Balance Line Item

Plaintiffs John Slomanski and Margaret Brusewitz brought an FDCPA class action, Slomanski and Brusewitz v. Alliance Collection Agencies, in the Eastern District of Wisconsin alleging that debt collection letters sent to them and… more

Class Action, Debt Collection, Debt Collectors, FDCPA

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Kristopher Berr

Federal Court Holds the Reasonableness of the Government’s Interpretation of Geotechnical Data is Irrelevant to Differing Site Condition Claim

United States Army Corps of Engineers v. John C. Grimberg Co., Inc., No. 2019-1608, 2020 BL 215269 (Fed. Cir. June 9, 2020) - The Court of Appeals for the Federal Circuit reversed a decision by the Armed Services Board of… more

Construction Project, Defense Sector, Federal Contractors, Real Estate Development, Request for Equitable Adjustment

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Safvet Besen

More Privacy, Please – February 2024

Editor’s Note: In recent regulatory and enforcement developments, the White House announced a new executive order aimed at strengthening cybersecurity at U.S. ports, and another executive order was issued to protect sensitive… more

Artificial Intelligence, Biden Administration, Consent Order, Consumer Financial Products, Cybersecurity

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Ketan Bhirud

Washington AG Ordered to Pay $4.3M in Attorney’s Fees and Costs to Thrift Store Chain

On October 17, following Washington Attorney General (AG) Bob Ferguson’s unsuccessful consumer protection action against thrift store chain, Savers Value Village Inc. (Savers), the Washington Superior Court of King County… more

Attorney's Fees, Constitutional Challenges, Consumer Protection Act, Financial Services Industry, Retailers

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Patrick Bianchi

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Jon Biasetti

CMS Issues Final Quota Share Reinsurance Rule

As we reported in our QuickStudy on February 13, 2020, CMS filed and made available for public inspection on February 5, 2020, a new proposed rule (the “Proposed Reinsurance Rule”) under the authority of Section 1855(b)(1) of… more

Centers for Medicare & Medicaid Services (CMS), Medicare Advantage, Medicare Advantage Organizations (MAOs), Proposed Rules, Reinsurance

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Savannah Billingham-Hemminger

SCOTUS Declines to Decide Missouri Corporation's Question of International Comity and State Law

International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity… more

Alien Tort Statute, Appeals, Choice-of-Law, Comity, Extraterritoriality Rules

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Christopher Bird

Exit Planning: Family Offices Need Solid Foundations

Private foundations can be attractive investment partners, but deals need to be structured with the exit in mind to avoid some tricky tax issues. Family office investment vehicles typically have a diverse pool of investors,… more

Exit Planning, Exit Strategies, Family Businesses, Family Offices, Investment Adviser

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Jessica Birdsong

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Brittany Birnbaum

What Your TV Wouldn’t Tell You and Your Fridge Didn’t Know: FTC Best Practices for Consumer-Facing IoT Devices

On January 27, the Federal Trade Commission (FTC) issued an FTC staff report titled “Internet of Things: Privacy & Security in a Connected World” (Report). The Report summarizes the FTC’s November 2013 workshop on the privacy… more

Best Practices, Corporate Counsel, Federal Trade Commission (FTC), Information Reports, Internet of Things

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Gregory Bishop

1099ers Exposing Startups, Private Equity Firms to Costly Liability

A recent online edition of New York Magazine’s “Daily Intelligencer” includes a comprehensive article on how Silicon Valley startup tech companies using “the 1099 model” may be exposed to employment, tax and benefit law… more

1099s, Employer Liability Issues, Independent Contractors, Popular, Private Equity

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Jared Bissell

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Carl Bivens

The Rise of Liquid Cooling Technology and Its Impact on Data Center Leases

In the rapidly evolving data center industry, efficiency, scalability, and sustainability are paramount. As the demand for data processing power continues to surge, driven mainly by AI, traditional cooling methods are being… more

Computer Servers, Data Centers, Data Processors, Energy Consumption, Energy Efficiency

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Mandi Blackmon

Tenth Circuit Affirms Order Allowing Discharge of Private Student Loans

On August 31, 2020, the Tenth Circuit affirmed the United States Bankruptcy Court for the District of Colorado’s holding that certain student loans not guaranteed by a governmental unit may be discharged in bankruptcy… more

Consumer Bankruptcy, Consumer Financial Products, Dischargeable Debts, Financial Services Industry, Navient

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Lani Blake

EEOC’s Pregnancy Priority: The Commission Sues Three Employers in Lawsuits Alleging ‎Violations of the Pregnant Workers’ Fairness Act‎

In September 2024, the Equal Employment Opportunity Commission (EEOC) filed lawsuits against three separate employers alleging violations of the Pregnant Workers’ Fairness Act (PWFA), a federal law enacted in June 2023 that… more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation

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Mark Blaskey

Use It or (You Might) Lose It – Gifting in 2020

The federal estate, gift, and generation-skipping transfer (GST) tax exemptions are all at the historically high level of $11,580,000 per person ($23,160,000 for a married couple). Under current law, the exemptions are scheduled… more

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

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Wasim Bleibel

FTC Takes Action Against Social ‎Media Posts for Failure to Disclose Material ‎Connections

On November 15, 2023, the FTC announced that it had issued fourteen Warning Letters ‎to the two trade associations, the American Beverage Association (AmeriBev) and the Canadian ‎Sugar Institute (“the Associations”), as well as… more

Disclosure Requirements, Endorsements, Failure To Disclose, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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Carolyn Blessing

FDA Issues Updates as MoCRA ‎Deadlines Approach

As the December 29, 2023 deadline for certain aspects of the Modernization of Cosmetics Regulation Act (“MoCRA”) approaches, FDA has finalized its guidance document governing the registration of cosmetic manufacturing facilities… more

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

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Sharon Blinkoff

FTC Adopts “Click-to-Cancel” Amendments to Its Negative Option Rule

On October 16, the Federal Trade Commission announced final “click-to-cancel” amendments to its Negative Option Rule. Under the FTC’s amended Negative Option Rule… more

Automatic Renewals, Cancellation Rights, Consent, Consumer Contracts, Federal Trade Commission (FTC)

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Olivia Block

The USPTO May Be Miscalculating Patent Term Adjustments

The U.S. Patent and Trademark Office released a final rule on June 16, 2020, to revise how it calculates patent term adjustment. But the USPTO’s PTA algorithm does not yet fully account for its final rule. Originally… more

Intellectual Property Protection, Patent Applications, Patent Term Adjustment, Patents, USPTO

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Gregory Blount

Personal Protective Equipment Disposal Management in the Workplace

In light of the potential for distribution of the vaccine, employers are revisiting their plans for return to work and the many challenges that office re-openings might bring, including the requirement that employees wear… more

Coronavirus/COVID-19, OSHA, Personal Protective Equipment, Waste Management, Workplace Safety

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Korbin Blunck

Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International… more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Nana Boakye

Changes to the Immigration Landscape in the First 100 Days of the Biden Administration

Q: It is no secret that Trump and Biden have starkly different views on immigration laws and policies. Now that President Biden is in charge, how have things changed? What impact has there been on employers and their employees… more

Biden Administration, DACA, Foreign Workers, Form I-9, H-1B

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Bryan Boccelli

New York City’s Proposed “City of Yes ‎for Carbon Neutrality” ‎Zoning Initiative Offers ‎Potential ‎Renewable Energy Boom to ‎Developers

New York City Mayor Eric Adams recently officially unveiled a wide-ranging zoning initiative ‎proposal that, if passed by the City Council this October, will not only provide broad-ranging ‎new economic opportunities for… more

Investment Tax Credits, Production Tax Credit, Renewable Energy, Solar Energy, Zoning Laws

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J. Bradley Boericke

Nonprofit, Multi-Borrower Loans and Other Updates to the Main Street Lending Program

Who Needs to Know - Lenders and potential borrowers considering making loans or borrowing under the MSLP. Why It Matters - In the month of September, the Federal Reserve Bank of Boston (Boston Fed) released multiple… more

Borrowers, CARES Act, Coronavirus/COVID-19, EBITDA, Eligibility

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Tom Bohac

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Jeffrey Bohn

New Connecticut Flood Insurance Disclosure Requirements

On June 10, 2025, Governor Lamont signed Senate Bill No. 9 into law. In light of the passage of the bill, on July 8, 2025, the Connecticut Insurance Department (Department) issued Bulletin PC-93-25, addressed to “all companies… more

Connecticut, Consumer Insurance Products, Disclosure Requirements, Flood Insurance, Homeowner's Insurance

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Yale Bohn

State Medicaid Waivers Provide Flexibility To Out-Of-State Providers Treating COVID-19

Upon a presidential declaration of an emergency or disaster, or a declaration of a public health emergency by the Secretary of the Department of Health and Human Services (HHS), section 1135 of the Social Security Act (42 U.S.C… more

Coronavirus/COVID-19, Health Care Providers, Medicaid, Out of Network Provider, Waivers

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Barry Boise

12 Days of Regulatory Insights: Day 3 - State AG Oversight in the Health Care Industry — Regulatory Oversight Podcast

In the third episode of our special 12 Days of Regulatory Insights podcast series, Chris Carlson is joined by Barry Boise, a seasoned partner in Troutman Pepper’s Health Sciences Litigation practice group, to explore the… more

Antitrust Provisions, Drug Pricing, False Claims Act (FCA), Health Care Providers, Opioid

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Daniel Boland

Expert or Arbitrator? — PE Pathways Podcast

In this episode of PE Pathways, Partners Nick Stawasz and Dan Boland discuss the distinctions between engaging an expert or an arbitrator for resolving post-closing purchase price and earnout disputes in M&A deals. The… more

Acquisitions, Arbitration, Contract Terms, Dispute Resolution, Earn-Outs

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Paul Boller

Virginia Takes Step Towards Prohibiting Creditors from Charging Electronic Payment Surcharges on Credit Transactions

On April 17, 2024, Virginia enacted HB 1519 taking a significant step towards amending the Virginia Consumer Protection Act (VCPA) to prohibit creditors from charging fees for accepting electronic payments in connection with… more

Creditors, Debit and Credit Card Transactions, Electronic Fund Transfer Act, Fees, Financial Services Industry

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Ben Bollinger

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Matthew Bornfreund

Where the F(BO) is the Money? Part 3 – DLT Account Ledgering

This is the final article in our three-part series focused on a key question: as bank-fintech partnerships continue to play a vital role in driving financial services, how does the industry make this system safer and better?… more

Banks, Bitcoin, Blockchain, Distributed Ledger Technology (DLT), Ethereum

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Steven Bortnick

The Reintroduction of Net Operating Loss - A Pepper Hamilton and Financial Executives Alliance Webinar

Recent law changes can provide portfolio company liquidity and/or require reconsideration of 2018–2020 deals. During this webinar, Steven D. Bortnick and Todd B. Reinstein, partners in the Tax and Estates Practice Group of… more

Acquisitions, Alternative Minimum Tax, CARES Act, Carryback Rules, Income Taxes

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Steve Boughton

Third Circuit Upholds PJM Capacity Market Change but Prevents Retroactive Application

On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule… more

Capacity Market, Energy Policy, Energy Projects, FERC, Infrastructure

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Megan Bowers

Developing, Disclosing, and Patenting Technology During National Emergencies

National emergencies, like the one COVID-19 has triggered in the United States, spur technological development, as concerned researchers look for ways to repurpose existing technology or develop new technology to help… more

Confidential Information, Coronavirus/COVID-19, Export Administration Regulations (EAR), Export Controls, Innovation

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John Bowler

Supreme Court Eases Burden on Copyright Holders for "Mistakes" Made in Copyright Filing

On February 24, the U.S. Supreme Court issued a highly anticipated 6-3 decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20–915 (Feb. 24, 2022). The ruling stands to protect the legal advantages of a copyright… more

Copyright, Copyright Applications, Copyright Litigation, Copyright Registration, Corporate Counsel

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Tiffany Bracewell

8 Ways Life Sciences Cos. Can Adapt to the Social Media Era

Social media usage worldwide is showing no signs of slowing as it permeates all aspects of our daily lives. Originally published in Law360 - September 11, 2023… more

Advertising, Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Food & Drug Regulations

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Leah Brackensick

The FTC Strikes Again – Challenging the Listing of 300+ Patents in FDA’s Orange Book

On April 30, 2024, the FTC issued a press release and warning letters to ten pharmaceutical companies notifying them that the FTC had “availed [themselves] of the FDA’s regulatory process and submitted patent listing dispute… more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Orange Book, Patents, Pharmaceutical Industry

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Tambry Lynette Bradford

2024 Privacy, AI & Cybersecurity Year in Review

2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United… more

Artificial Intelligence, Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Brokers

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Heidi Brady

New Medicaid/CHIP Managed Care Rule Reins in MLR Reporting

In late April, the Centers for Medicare & Medicaid Services (CMS) issued the final Managed Care Rule, which codifies revisions intended to “improve access to care, accountability and transparency for the approximately 80 million… more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Health Care Providers, Medicaid

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Tanner Brantley

Cannabis Administration and Opportunity Act Introduced in the Senate: Will It Live Up to the Hype?

On July 21, the Cannabis Administration and Opportunity Act (CAOA), a comprehensive bill to decriminalize, regulate, and tax cannabis, was introduced by Senate Majority Leader Chuck Schumer (D-NY), Senator Cory Booker (D-NJ),… more

Decriminalization of Marijuana, Food and Drug Administration (FDA), Marijuana, Marijuana Related Businesses, Popular

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Tricia Brauer

Washington Legislature Goes Big With "My Health My Data Act"

On April 27, the state of Washington enacted the My Health My Data Act (MHMDA), a comprehensive health privacy law that imposes broad restrictions on how “consumer health data” can be used by companies doing business in the… more

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

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Andrew Braunstein

Supreme Court Resolves Circuit Split ‎and Decides CFPB's Funding Structure Is Constitutional

On May 16, 2024, the U.S. Supreme Court resolved the Circuit Split discussed in our prior QuickStudy and ruled in a 7-2 decision that the Consumer Financial Protection Bureau’s (“CFPB”) funding structure does not violate the… more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Federal Funding, Financial Services Industry

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Lindsay Breedlove

Surprise Medical Bill Legislation: The Devil Is in the Details

Congress has been working for months to pass legislation protecting patients from surprise medical bills that arise when insured patients unknowingly receive out-of-network (OON) care, usually when receiving emergency medical… more

CBO Report, Health Care Providers, Health Insurance, Healthcare Reform, Inpatient Billing

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Shawn Brenhouse

New York State Senate Extends ‎Foreclosure and Eviction Moratorium from August 31, ‎‎2021 ‎until January 15, 2022‎

In one of her first acts as Governor of New York, newly appointed Governor Kathy Hochul ‎called for a “Special” legislative session on September 1, 2021, to extend the moratorium on ‎foreclosure and eviction actions provided in… more

Coronavirus/COVID-19, Eviction, Foreclosure, Infectious Diseases, Landlords

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Stefanie Brennan

Leasing to Health Care Tenants: What You Need to Know

Commercial office building landlords frequently find themselves leasing to health care provider tenants. A landlord may not consider doctor’s offices or diagnostic labs as specialty uses, but there are several lease provisions… more

Americans with Disabilities Act (ADA), Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Commercial Leases, Health Care Providers

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Blake Brettschneider

U.S. Senate Committee Hears Testimony About the Need for Uniform NIL Regulation That Would Exempt Student-Athletes From Federal and State Employment Laws

On October 17, the U.S. Senate Judiciary Committee heard testimony from witnesses about the need for reform in college athletics, including the possibility of establishing a national standard for regulating Name, Image, and… more

College Athletes, Colleges, Employee Definition, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Constance Brewster

Long-Term Part-Time Employee Eligibility Rules Now in Effect — Troutman Pepper Podcast

In the companion podcast to our recently published client advisory, Troutman Pepper Partners Emily Zimmer and Constance Brewster delve into the intricacies of the SECURE Act, also known as SECURE 1.0, and its successor, SECURE… more

401k, Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Final Rules

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P. Thomas Bright

Practical Implications of the Interim Final Rule for BOI Reporting Under the CTA

As we previously discussed, the Financial Crimes Enforcement Network (FinCEN) published an interim final rule (IFR) on March 26 that narrowed the beneficial ownership information (BOI) reporting requirements under the Corporate… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Exemptions, Filing Deadlines

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Elizabeth Briones

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Brett Broczkowski

Judge Dismisses Antitrust Claims by Chalmers and Other Former Players Against NCAA

On Monday, a U.S. district court judge in the Southern District of New York dismissed a lawsuit brought by former Kansas basketball player Mario Chalmers and 15 other former college basketball players. The plaintiffs all played… more

Anti-Competitive, Antitrust Litigation, Antitrust Provisions, Class Action, Colleges

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Randy Brogdon

PFAS Designated as CERCLA Hazardous Substances

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the… more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Christopher Brolley

The NCAA's Recent Q&A Document: Clues on What NIL Enforcement Will Look Like Post-House — Highway to NIL Podcast

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Chris Brolley discuss the recent Q&A document released by the NCAA and conferences, focusing on the guidance providing clues for how enforcement… more

College Athletes, Compliance, Enforcement Actions, Name and Likeness, NCAA

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Steven Brotman

The End of the Road for Chevron

In a 6-3 decision issued June 28, 2024, the U.S. Supreme Court overruled Chevron USA, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which long stood for the proposition that courts are to defer to an… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo

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Ayana Brown

New Jersey AG Platkin Reaches $450M PFAS Settlement With 3M

On May 13, New Jersey Attorney General (AG) Matthew Platkin announced a proposed $450 million settlement agreement with 3M regarding allegations that, among other issues, contamination of perfluoroalkyl and polyfluoroalkyl… more

3M Company, Contamination, Damages, Environmental Liability, Environmental Litigation

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Crystal Brown

87th Legislature Preparation Guide: Lobbying in Texas under the Cloud of COVID-19

The Texas Legislature is a unique citizen-led body that meets every odd numbered year, for 140 days. There are 31 members of the Senate, who serve four-year terms, and 150 members of the House of Representatives, who serve… more

Best Practices, Client Services, Coronavirus/COVID-19, Lobbying, Lobbyists

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Justin Brown

Cryptocurrency Exchange QuadrigaCX and the Estate of Gerald Cotten - Digital Planning Podcast

In this episode of Digital Planning Podcast, hosts Jennifer Zegel, Ross Bruch, and Justin Brown welcomed Sheona McDonald, an accomplished filmmaker, who discussed her recently released documentary Dead Man’s Switch: A Crypto… more

Asset Management, Cryptocurrency, Digital Assets, Estate Planning, Popular

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Sharie Brown

ESG and Bribery

Environmental, social, and governance (ESG) compliance and reporting has been top of mind in 2021 and will remain a key focus in 2022 because investors increasingly want to make responsible investments. To respond to this… more

Anti-Bribery, Bribery, Corruption, Department of Justice (DOJ), Environmental Social & Governance (ESG)

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Robert Browne

Copyright Claims Board: A New Stage for Copyright Infringement Claims

Paraphrasing the famous line from the father of modern acting technique, in establishing the Copyright Claims Board (CCB) on June 16, the Copyright Office effectively declared that there are no small copyrights, only small… more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection

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Thailer Buari

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – January 2025 # 3

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week… more

Anti-Money Laundering, BSA/AML, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Rachel Buck

DOT Deputizes State AGs to Pursue Consumer Claims Against Airlines, Circumventing Long-Standing Preemption

The U.S. Department of Transportation (DOT) recently announced an Airline Passenger Protection Partnership with state attorneys general (AGs), marking a significant expansion of AGs’ regulatory reach. This partnership, formed in… more

Airlines, Consumer Complaint Management, Consumer Complaint System, Department of Transportation (DOT), Final Rules

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Jackson Buday

More Than $1.24B in SBA Debenture Leverage Priced at 4.38%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term… more

Debentures, Investment, Private Investment Funds, SBA, SBIC

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Alexander Bulkin

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way… more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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Stuart Bumpas

More Relief for Shuttered Venue Operators

It takes no stretch of the imagination to understand how devastating the past year of pandemic shut downs and cancellations has been for performance and arts venues like theaters, concert halls and museums. Indeed, in most… more

Coronavirus/COVID-19, Paycheck Protection Program (PPP), Public Venues, Relief Measures, SBA

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Greg Burch

New Chinese Regulation Blocks Extraterritorial Application of Foreign Law

On January 9, 2021, China’s Ministry of Commerce (MOFCOM) issued its No. 1 Order of 2021 titled “The Rules on Blocking Unjustified Extraterritorial Application of Foreign Legislation and Measures” (hereinafter, the “Chinese… more

China, Foreign Corporations, MOFCOM, Subsidiaries

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Samantha Burdick

Legal or Not, it's Working: Mandatory Board Diversity for Publicly-held Companies Headquartered in the Golden State

Pamela Palmer, James Levine, Howard Privette and Samantha Burdick of Troutman Pepper Hamilton Sanders LLP discuss California’s newly enacted board diversity law and the legal challenges it faces. Originally published in… more

Board of Directors, Corporate Governance, Diversity, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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Megan Burns

Unlocking the Secrets of Reverse Mortgages — The Consumer Finance Podcast

In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Megan Burns, Jason Manning, and Punit Marwaha to explore the arcane world of reverse mortgages. They provide valuable insights about how these… more

Consumer Financial Products, Financial Services Industry, Fraud, HUD, Lenders

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Jacob Burr

How the Supreme Court’s Clarification of Enablement in Amgen May Affect the Future of Patent Law

On November 4, the U.S. Supreme Court granted Amgen’s petition to review the “enablement requirement” of Section 112 of the Patent Act. See generally Amgen Inc., v. Sanofi, No. 21-757 (U.S. 2022). The Court’s decision will… more

Amgen, Patent Act, Patent Infringement, Patent Litigation, Patents

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Philip Bush

Compliance Considerations for Medical ‎Travel Reimbursement

Employers may consider offering medical travel and lodging ‎reimbursement to enable employees who live in a state where abortion is no longer legal to ‎travel out of state for such services. There are a number of ways to design… more

Abortion, Employee Benefits, Pregnancy, Reimbursements, Reproductive Healthcare Issues

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Rachael Bushey

SEC's Division of Corporation Finance Revises CD&Is on Non-GAAP Financial Measures

On December 13, the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance staff (the staff) updated its Compliance & Disclosure Interpretations (CD&Is), concerning the use of non-generally accepted… more

CD&I, Non-GAAP Financial Measures, Publicly-Traded Companies, Regulation G, Regulation S-K

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Jeffrey Butler

The Beginning of the End for False Claims Act Qui Tam Cases? Florida District Judge Holds Whistleblower Provisions Unconstitutional

On September 30, 2024, Judge Kathryn Kimball Mizelle held that the qui tam provision of the FCA violates the Appointments Clause of the United States Constitution because False Claims Act (“FCA”) relators are acting as “Officers… more

Appointments Clause, Article II, Constitutional Challenges, False Claims Act (FCA), Qui Tam

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Kristie Butler

US Supreme Court Narrows Assignor Estoppel Doctrine in Continuation Patent Case

On June 29, the Supreme Court issued a 5-4 decision in Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440 (June 29, 2021) (slip opinion). Minerva involves a challenge to the “assignor estoppel” doctrine, which is an equitable… more

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

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Noland Butler

Eleventh Circuit Declines to Issue Brightline Rule that Legal Disputes are Not Actionable Under FCRA Instead Finding That Disputes Must be “Objectively and Readily Verifiable” to be Actionable

In Holden v. Holiday Inn Club Vacations Inc., the U.S. Court of Appeals for the Eleventh Circuit recently upheld a consolidated district court ruling granting summary judgment for the defendant furnisher in two Fair Credit… more

Amicus Briefs, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Consumer Reports, Debt

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Timothy Butler

CFPB Bans Third-Party Payment Processor and Its Founder for Ignoring Fraud and Supporting Scammers

On January 18, the Consumer Financial Protection Bureau (CFPB) filed a proposed final judgment and order in its March 2021 lawsuit against BrightSpeed Solutions, a third-party payment processor, and its founder, Kevin Howard. If… more

Civil Monetary Penalty, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Fraud, Payment Processors

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Andrew Buxbaum

High Court Bankruptcy Ruling Is a Warning to Joint Obligors

In a unanimous decision, the U.S. Supreme Court held that Section 523(a)(2)(A) of the U.S. Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor's own culpability. Originally… more

Bankruptcy Code, Bankruptcy Court, Bartenwerfer v Buckley, Chapter 7, Chicago v Fulton

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Christine Byrnes

Special Report: How Will the New US Government Impact Energy Storage? - Insights into the future prospects for the energy storage sector under the Trump administration from a panel of experts convened by Tamarindo, in partnership with Troutman Pepper Locke

The result of the 2024 U.S. presidential election means uncertainty about future prospects for the renewable energy sector. President Donald Trump has been hostile in the past toward parts of the renewables industry –… more

China, Energy Storage, Inflation Reduction Act (IRA), Investment Tax Credits, Renewable Energy

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Patrick Byrnes

TSA & Cybersecurity – More Than Just Putting Your Laptop Through the X-Ray Machine

When most people hear of the Transportation Safety Administration (“TSA”), they typically think of long lines at the airport, and certainly not cybersecurity. But cybersecurity is top of mind for the TSA these days. This was… more

Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection, Data Security

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Alex Cabe

You’re in Breach… Now What?

The best-structured loan covenants in credit facilities are flexible enough to allow a borrower to grow, while reducing the lender’s risk of loss. However, many models and projections underlying those covenants are at risk of… more

Investors, Lenders, Private Equity, Private Equity Firms

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Sophia Cahill

Florida Court of Appeals Permits Successor-In-Interest to Pursue Claims Originally Thought to Be Barred by Settlement Agreement

MBlock Investors, LLC v. Bovis Lend Lease, Inc., etc., et al., 44 Fla. L. Weekly d1432 (3d DCA 2019) - A Florida Appellate Court recently reversed a trial court’s decision granting summary judgment finding an issue of fact… more

Affidavits, Appeals, Construction Defects, Construction Litigation, Construction Loans

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Rachael Cain

Pennsylvania Superior Court Places Time Limit on Good Faith Withholding Under CASPA

MEMORANDUM BY McLAUGHLIN, J.: This is a breach of contract action between Thomas P. Carney, Inc. ("Carney") and Constructural Dynamics, Inc. d/b/a Silvi Concrete Products, Inc., Penn Jersey Certified Concrete, Inc., d/b/a… more

CASPA, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

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Hilary Cairnie

EO 14265: Navigating Defense Procurement Reforms

In keeping with President Donald Trump’s affinity for issuing executive orders (EO) — 139 in total, Nos. 14147–14285, between Jan. 20, 2025, and April 24, 2025 — he recently issued EO 14265, “Modernizing Defense Acquisitions and… more

Acquisition Agreements, Defense Contracts, Department of Defense (DOD), Deregulation, Executive Orders

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Matthew Cali

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Brian Callaway

Effective Immediately: New Jersey Enacts an Insurance Bad Faith Statute for Auto Insurers

New Jersey has enacted an insurance bad faith statute that will penalize insurers for certain types of conduct in handling claims for uninsured and underinsured motorist coverage as the result of auto accidents. The new law… more

Auto Insurance, Bad Faith, Insurance Claims, Insurance Industry, Uninsured and Under-Insured Motorists

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Jim Calvert

Harnessing Technology in Litigation: Insights from Troutman Pepper eMerge - Energy Law Insights

Join Steve Hewitson, Partner, and Jim Calvert, Principal at Troutman Pepper eMerge, as they explore the transformative role of technology in complex regulatory proceedings and litigation. This insightful discussion covers the… more

Artificial Intelligence, Electricity, Energy Projects, Energy Sector, Energy Storage

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Lawrence Cameron

DOJ’s Criminal Division Announces Updates to White-Collar Enforcement and Corporate Policies

On May 12, 2025, the Head of the Criminal Division (the Criminal Division or Division) at the Department of Justice (DOJ), Matthew R. Galeotti, issued key memoranda to Criminal Division personnel on the Division’s new priorities… more

Anti-Money Laundering, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Christopher Capelli

U.S. Patent Office Provides Guidance ‎for Patenting Artificial Intelligence Inventions

Introduction - On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) released its 2024 guidance update on patent subject matter eligibility, making significant revisions to its prior guidance on subject matter… more

Artificial Intelligence, Intellectual Property Protection, Inventions, Inventors, Patent Applications

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Stuart Caplan

Summary of FERC's April 2022 NOPR on Transmission Planning, Cost Allocation, and Generator Interconnection

On April 21, the Federal Energy Regulatory Commission (FERC or Commission) released its Notice of Proposed Rulemaking (NOPR) to reform its policies regarding Regional Transmission Planning and Cost Allocation. The NOPR follows… more

Energy Sector, FERC, Notice of Proposed Rulemaking (NOPR), Transmission Lines

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Christopher Capurso

Eighth Circuit Vacates FTC’s Negative Option Rule for Procedural Violations

On July 8, a panel for the U.S. Court of Appeals for the Eighth Circuit issued a significant decision in the case of Custom Communications, Inc. v. Federal Trade Commission (FTC). The panel vacated the FTC’s amended Negative… more

Administrative Procedure Act, Appeals, Enforcement Actions, Federal Trade Commission (FTC), Negative Option Rule

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Frank Cara

Subtle (and Not So Subtle) Effects of COVID-19 on the Construction Industry

When is it going to return to “normal”? We all have been asking that question. Well, for the construction industry, it may never return to “normal.” COVID-19 may have permanently changed the landscape of the construction… more

Arbitration, Construction Contracts, Construction Disputes, Construction Litigation, Construction Project

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Christopher Carlson

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Greta Carlson

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand just… more

Air Pollution, Air Quality Standards, Clean Air Act, Energy Policy, Environmental Policies

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Timothy Carlstedt

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean… more

California, Citizen Suits, Clean Water Act, Discharge of Pollutants, Environmental Litigation

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Christine Waldmann Carmody

Summary of Proposed Changes to HUD's LEAN 232 Loan Documents

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update… more

Comment Period, HUD, LEAN Program, Loan Documentation, Loans

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Mitchell Carnes

Private Equity Consolidation of Physician Practices Steady Despite Economic Conditions

During the past 12 years, private equity (PE) firms have served as major investors in the U.S. health care market, participating in acquisitions and consolidations of physician practices across various specialties. PE… more

Acquisitions, Investment, Investors, Private Equity, Private Equity Firms

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Dabney Carr

EDVA Judge Invalidates Arbitration Clause in Online Terms and Conditions

In a recent decision, EDVA Judge Rossie Alston invalidated the arbitration clause in the terms and conditions for online sales through the Lowe’s Home Centers website on the grounds that the terms and conditions were illusory… more

Arbitration, Arbitration Agreements, Consumer Contracts, Contract Terms, E-Commerce

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Jeffrey Carr

The Impact On Litigation - Troutman Sanders and Pepper Hamilton COVID-19 Litigation Podcast Series

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In… more

Coronavirus/COVID-19, Court Closures, Court Schedules, Data Collection, Defense Strategies

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John Carroll

Public Comment Period on PA Department of Environmental Protection’s Oil and Gas Rulemaking Closes May 19

The Pennsylvania Department of Environmental Protection’s (DEP’s) rulemaking regarding surface activities for oil and gas wells, Environmental Protection Performance Standards at Oil and Gas Well Sites (Chapters 78 and 78a), has… more

Drilling Waste Disposal, Horizontal Wells, Inland Waterways, Oil & Gas, Rulemaking Process

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Gregory Casamento

The State of New York Courts During COVID-19, Revisited

As described in Locke Lord’s previous QuickStudies, New York’s state and federal courts quickly transformed their procedures and operations as a result of the onset of the COVID-19 pandemic. Now, as more residents across New… more

Coronavirus/COVID-19, Court Schedules, State Courts

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Viktoriia De Las Casas

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take permitting… more

Comment Period, Critical Habitat, Endangered Species Act (ESA), Environmental Policies, Government Agencies

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Brian Casey

Compliance Tips on State Automatic Renewal Contract Laws

During the last several years, many states have adopted automatic renewal contract, or ARC, laws for the protection of consumers, driven in large part by new subscription-based contracts sold in digital distribution and… more

Automatic Renewals, Cancellation Rights, Consumer Contracts, Contract Terms, Subscription Services

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Elizabeth Casey

Key Employer Updates for 2024/2025 – ‎Part Three: State Law Trends for Restrictive ‎Covenant Agreements

As year-end nears, many employers are updating their key employment policies and agreements to ensure they align with ever-evolving federal, state, and local laws and changes to business needs. In Part One of this series, we… more

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

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Michael Cassata

California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage

On June 7, the California Supreme Court issued an important opinion clarifying the circumstances under which an insured may trigger coverage under an excess policy in relation to a loss spanning multiple policy periods. This… more

CA Supreme Court, Excess Policies, Insurance Claims, Insurance Litigation, Policy Terms

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Aurora Cassirer

Second Circuit Rules Plaintiffs' Securities Class Action Cannot Ride the Coattails of Foreign Bank's Regulatory Troubles

A recent decision out of the Second Circuit Court of Appeals sets limits on plaintiffs’ ability to transform regulatory violations into the basis for securities class actions. The decision further clarifies that issuers do not… more

Anti-Money Laundering, Banking Sector, Banks, Financial Institutions, Foreign Banks

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Danilo Castelli

New Accelerated Schedule 13G Reporting Deadlines Effective September 30

The Securities and Exchange Commission’s (SEC) new accelerated Schedule 13G filing deadlines will become effective on September 30, 2024. On October 10, 2023, as part of an initiative to modernize beneficial ownership reporting… more

Acquisition Agreements, Beneficial Owner, Filing Deadlines, Investors, Reporting Requirements

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Alicia Castro

Mexican Anti-Corruption Law Enters Into Effect

On July 19, 2017, Mexico’s new General Law of Administrative Responsibilities (Ley General de Responsabilidades Administrativas) (“GLAR”) went into effect. The GLAR punishes bribery of government officials, as well as bribery by… more

Anti-Corruption, Bribery, Government Officials, Mexico

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Joseph Cataldo

Foreign Private Issuers: Have You Assessed Your Status Under US Securities Laws? (UPDATED)

For foreign private issuers registered with the U.S. Securities and Exchange Commission (SEC), there are several filing statuses that affect the content of various disclosures that must be made public. Foreign private issuers… more

Accelerated Filers, Canada, Disclosure Requirements, Emerging Growth Companies, Filing Requirements

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Alyssa Cavanaugh

Trump Administration's FCPA Investigations and Enforcement Guidelines

On June 9, Deputy Attorney General Todd Blanche released a much-anticipated update to the Trump administration’s plans for enforcement of the Foreign Corrupt Practices Act (FCPA)… more

Anti-Corruption, Bribery, Corporate Governance, Department of Justice (DOJ), Enforcement Actions

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Eliza Cen

Trade Dress Disputes Continue To Be a Bitter Pill in Pharma

A recent federal court decision highlights the delicate balance between U.S. Food and Drug Administration (FDA) guidance and trade dress protections for drugs administered in a tablet or capsule form. Last month, a district… more

Food and Drug Administration (FDA), Generic Drugs, Healthcare, Intellectual Property Litigation, Intellectual Property Protection

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Stefanie Cerrone

California Court of Appeal Affirms Grant of Summary Judgment Against Health Care Provider in Win for Managed Care Payors and Claims Administrators

The California Court of Appeal, in a major win for managed care payors and claims administrators, affirmed a lower court decision granting summary judgment in favor of United Healthcare (United), finding that United did not… more

Binding Agreements, Breach of Contract, Health Care Providers, Health Insurance, Healthcare

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Larry Cerutti

A Path to ESG Disclosure

Regardless of your view of the efficacy of ESG disclosure for publicly-traded companies, investors increasingly are insisting on it, and the advisors that can profit from it the most – proxy advisory firms, large accounting… more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Form 10-K, MD&A Statements

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Domenic Cervoni

SEC v Covington & Burlington: Client ‎Names Are Not Privileged

The U.S. District Court for the District of Columbia recently issued a decision in a hotly contested (and closely watched) dispute between the Securities and Exchange Commission (the “SEC”) and international law firm Covington &… more

Attorney-Client Privilege, Cyber Attacks, Cybersecurity, Securities and Exchange Commission (SEC), Securities Litigation

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Nicole Chakraborty

Tighter SEC Cybersecurity Incident Disclosure ‎Requirements Go into Effect Today

The new SEC cybersecurity rules (Release No. 33-11216), codify and build on earlier SEC guidance on cybersecurity risks and incidents and require specific cybersecurity-related disclosures… more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 8-K, Popular

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Chitrajit Chandrashekar

Federal Circuit Clarifies Scope of IPR Estoppel

Parties filing inter partes review (IPR) petitions should be aware of the estoppel implications on subsequent or parallel proceedings, including litigation pending in U.S. federal district courts. The U.S. Court of Appeals for… more

America Invents Act, CAFC, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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Dane Brody Chanove

California Law Creates Statutory Safe Harbor for Certain Insurers Receiving Time-Limited Pre-Litigation Settlement Demands

A new California statute effective January 1, 2023 contains requirements for claimants and insurers alike when claimants issue pre-litigation time-sensitive settlement demands under automobile, motor vehicle, homeowner, or… more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms, Premises Liability

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Susan Charles

PFAS Regulatory Landscape Update — The Message? Stay Tuned.

The Environmental Protection Agency (EPA) has announced several actions in recent weeks that shed light on the Trump administration’s approach to PFAS regulation… more

Environmental Policies, Environmental Protection Agency (EPA), Manufacturers, New Legislation, PFAS

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Matthew Chiachetti

Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III… more

Appeals, Article III, Corporate Counsel, Data Protection, Debit and Credit Card Transactions

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Jenny Chien

FCC Cracks Down on Texting Scams and Robocalls

On March 16, the Federal Communications Commission (FCC) adopted its first set of regulations targeting what is perceived as the increasing problem of scam text messages sent to consumers. The first rule requires mobile service… more

FCC, Robocalling, Telecommunications, Text Messages

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Jaremi Chilton

The One Big Beautiful Bill: Initial Analysis of Key Provisions for the Real Estate Industry

On May 22, 2025, the House of Representatives passed H.R. 1, the budget reconciliation bill known as the One Big Beautiful Bill Act (the Tax Bill). The Tax Bill proposes amendments to the Internal Revenue Code (the Code) that… more

Federal Budget, Internal Revenue Code (IRC), Investment Funds, IRS, Proposed Amendments

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Blake Christopher

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Neale Christy

Orange Is the New Black – Cancellation Decisions Confirm Distinction Between Colours and Names of Colours

The EUIPO Cancellation Division has partially upheld cancellation applications against ORANGE marks in respect of certain goods in Classes 11, 16, 18 and 25. Originally published in the August 5, 2024 edition of World… more

EU, European Union Intellectual Property Office (EUIPO), Intellectual Property Protection, Trademark Application, Trademark Litigation

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Melissa Chuderewicz

Proposed Amendments to New Jersey’s Daniel’s Law

On May 13, Senator Joseph P. Cryan (D) introduced an amendment to New Jersey’s Daniel’s Law, which would broaden the law’s coverage. An identical amendment was introduced by Assemblywoman Annette Quijano (D) in the Assembly on… more

Attorney's Fees, Covered Person, Data Privacy, New Jersey, Personal Information

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Christopher Chuff

Delaware Court of Chancery Allows Amendment of LLC Agreement to Permit Disparate Consideration Where Amendment Provisions Were Followed

In Faiz Khan and Ralph Finger v. Warburg Pincus, LLC et al., the Delaware Court of Chancery held that the implied covenant of good faith and fair dealing was not applicable to a private equity sponsor’s amendment of a limited… more

Acquisition Agreements, Business Litigation, Contract Disputes, Contract Terms, Corporate Sales Transactions

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Raffaele Cicala

Investment Management Update - June 2022

Covering legal developments and regulatory news for funds, their advisers, and industry participants for the quarter ended March 31, 2022… more

Broker-Dealer, Fiduciary Duty, Financial Industry Regulatory Authority (FINRA), Investment Adviser, Investment Management

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Anna Cincotta

A Model’s Credibility Is in the Details: FDA Draft Guidance on the Use of AI Models in Drug and Biological Product Development

In January, the U.S. Food and Drug Administration (FDA) issued its first guidance on the use of artificial intelligence (AI) models in drug development and in regulatory submissions titled, “Considerations for the Use of… more

Artificial Intelligence, Clinical Trials, Drug Safety, Food and Drug Administration (FDA), Healthcare

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Robert Claiborne Jr.

Juul Labs, Inc. v. FDA: A FOIA Twist on the Challenge to FDA's Marketing Denial Order

Recent Freedom of Information Act (FOIA) litigation raises an interesting question: When federal agency action requires analyses under a holistic, multi-factor statutory standard, may the agency withhold from disclosure as… more

Administrative Procedure Act, FOIA, Food and Drug Administration (FDA), Marketing, Public Health

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Alfred Clark

Eviction Moratoria during Coronavirus Pandemic

California Governor Gavin Newson issued an executive order on March 16, 2020 authorizing California cities to ban local evictions for residential and commercial tenants for nonpayment of rent as a result of loss of income… more

Coronavirus/COVID-19, Eviction, Infectious Diseases, Moratorium

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Norris Clark

Potential Impact of the Silicon Valley ‎Bank Insolvency on the Insurance Industry

Financial institutions, including Insurers, are considering the potential impact of the Silicon Valley Bank’s (“SVB’s”) insolvency. SVB and its parent holding company have provided funding and debt financing to InsurTech… more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

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Kaitlin Clemens

When to Notify Your Cyber Carrier of a Security Incident - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

Our company experienced a cybersecurity incident. It seemed pretty minor — just a few suspicious emails and an employee’s account being locked. To my dismay, we’re now hearing from our IT team that the issue is more serious. We… more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Privacy

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Alan Clement

Back to Basics: Despite Winning the ‎Appeal, Failure to Appeal a ‎Preliminary Injunction Bond ‎Constituted Waiver of Damages

There is no denying the importance of preserving rights for appeal. A recent example of this came about in Novartis Pharmaceuticals Corp. v Accord Healthcare, Inc. et al., Civil Action No. 18-1043 (Memorandum Opinion dated July… more

Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Danielle Clifford

Title IX — Highway to NIL Podcast

In this installment, Troutman Pepper attorneys Cal Stein, Mia Marko, and Dani Clifford discuss Title IX, a longstanding federal law that applies to educational institutions, and its intersection with the evolving landscape of… more

College Athletes, Colleges, Department of Education, Educational Institutions, Name and Likeness

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Megan Clifford

Fair Is Fair? Navigating Product Integration and Clearance for Content Creators

When you are in the business of creating content, it’s crucial to know when licenses or permissions are required to use the intellectual property of others (such as copyright and trademarks). In this article, we explore what… more

Best Practices, Content Publishing, Content Strategy, Copyright, Copyright Infringement

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Joanna Cline

Navigating 2025: The SEC's Evolving Role in Cryptocurrency Enforcement — The Crypto Exchange Podcast

In this episode of Crypto Exchange, Ethan Ostroff and Alexandra Barrage are joined by partners Joanna Cline and Jay Dubow to discuss the evolving landscape of the SEC's enforcement actions involving cryptocurrencies. The… more

Crypto Exchanges, Cryptocurrency, Digital Assets, Enforcement Actions, Securities and Exchange Commission (SEC)

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Christopher Close

Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast

In this episode of No Infringement Intended, hosts Austin Padgett and Rusty Close delve into the 5Pointz case, where graffiti art clashed with property rights in Queens, NY. Explore how the Visual Artists Rights Act (VARA)… more

Art, Artists, Copyright Infringement, Copyright Litigation, Entertainment Industry

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Majidah Cochran

With Delayed Federal Action on Mandatory Climate Disclosures, States and Regulators Fill the Void

In the absence of comprehensive federal action, states and regulators are enacting legislation and issuing guidance requiring climate-related disclosures, stepping in to fill the void left by the U.S. Securities Exchange… more

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

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Rosemary Cochrane

Pa. Superior Court Reopens Debate on Personal Jurisdiction for Foreign Corporations

On December 7, the Superior Court of Pennsylvania granted en banc reargument for the Murray v. American LaFrance case. In September, a 2-1 majority ruled in Murray that registering as a foreign corporation in Pennsylvania equals… more

Foreign Corporations, General Jurisdiction, Personal Jurisdiction

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Paul Coggins

The Foreign Corrupt Practices Act: At a Glance

In this issue: - FCPA AT A GLANCE - THE ANTI-BRIBERY PROVISIONS OF THE FCPA - TO WHOM THE ANTI-BRIBERY PROVISIONS APPLY - THE PAYMENT ELEMENT - THE CORRUPT INTENT ELEMENT - WHO IS A… more

Anti-Bribery, Chief Compliance Officers, Compliance, Disclosure Requirements, Due Diligence

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Kimberly Coghill

Director Review Under the USPTO's Final Rule – Patents: Post-Grant Podcast

Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper attorneys Andy… more

Director of the USPTO, Final Rules, Patent Litigation, Patent Trial and Appeal Board, Patents

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Daniel Cohen

D&O and Professional Liability 2023: A Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country… more

Consent, Corporate Counsel, D&O Insurance, Independent Counsel, Insurance Litigation

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Michael Cohen

Changes to Virginia’s Noncompete Statute

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the Fair… more

Compensation & Benefits, Employee Rights, Employer Responsibilities, Employment Contract, Exempt-Employees

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Amie Colby

How Battery Technology Is Changing the Game

From the genesis of the popular Battery + Storage Podcast to the current interconnection issues, Troutman Pepper Partners Amie Colby and Bill Derasmo discuss a wide range of leading-edge topics impacting battery and storage that… more

Batteries, Electricity, Energy Projects, Energy Sector, Energy Storage

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Kevin Coleman Jr.

Banking Regulatory Agencies Seek Information on Financial Institutions’ Use of Artificial Intelligence

Five federal banking regulatory agencies are gathering information and comments on financial institutions’ use of artificial intelligence (AI), including machine learning. On March 29, the Federal Reserve Board, the Consumer… more

Artificial Intelligence, Banking Sector, Financial Institutions, Financial Services Industry, Popular

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Erin Colleran

DOJ as Your Ally: Government Weighs In on Patient Support Services Kickback Claims

On December 17, the U.S. Department of Justice, in an unprecedented application of its statutory authority under section 3730(c)(2)(A) of the False Claims Act, moved to dismiss 11 qui tam complaints pending in district courts… more

Corruption, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Government Investigations

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Jamey Collidge

Navigating the Solar Industry's Path Through Tariffs and Growth

In 2024, the solar energy generation industry experienced its largest-ever annual rise globally, fueled by China’s 44% solar output boost from January to November 2024… more

Anti-Dumping Duty, Biden Administration, China, Clean Energy, Countervailing Duties

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Stephanie Collins

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take permitting… more

Comment Period, Critical Habitat, Endangered Species Act (ESA), Environmental Policies, Government Agencies

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Josh Combs

Capacity Crunch Series Continued: Balancing Reliability, Unprecedented Load Growth & Affordability in the Energy Transition (Part 2) - Energy Law Insights

Join Troutman Pepper energy attorneys Allison Pryor and Josh Combs as they explore how utilities, regulators, and stakeholders are working to balance unprecedented load growth, reliability, and affordability amidst the ongoing… more

Clean Energy, Electricity, Energy Market, Energy Projects, Energy Sector

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Hope Comisky

Digital Issues for Individuals Working at Home (Digital Planning Podcast)

The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin Brown,… more

Client Communication, Client Representation, Confidential Information, Coronavirus/COVID-19, Cybersecurity

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Katie Condon

Judge Wilken Threatens to Reject House Settlement

On April 23, U.S. District Judge Claudia Wilken temporarily rejected the terms of the settlement in House v. NCAA, effectively issuing an ultimatum to the parties: fix the roster limits issue or risk blowing up the settlement… more

California, Class Action, College Athletes, Compensation & Benefits, Educational Institutions

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Brooke Conkle

Eighth Circuit Vacates FTC’s Negative Option Rule for Procedural Violations

On July 8, a panel for the U.S. Court of Appeals for the Eighth Circuit issued a significant decision in the case of Custom Communications, Inc. v. Federal Trade Commission (FTC). The panel vacated the FTC’s amended Negative… more

Administrative Procedure Act, Appeals, Enforcement Actions, Federal Trade Commission (FTC), Negative Option Rule

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M. Corey Connelly

U.S.-India Newsletter - September 2019

Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7… more

Arbitration, Arbitration Awards, Business Development, Chain of Distribution, Cross-Border Transactions

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Michael Connelly

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in… more

Energy Projects, Energy Sector, Environmental Impact Report (EIR), Environmental Review, FERC

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John Conrad

District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver Provision and Statute of Limitations

Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) - Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah. Stag contracted with CentiMark Corp. (“CentiMark”)… more

Construction Project, Contract Terms, Fire Damage, Insurance Claims, Insurance Litigation

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David Constine III

Changes to Virginia’s Noncompete Statute

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the Fair… more

Compensation & Benefits, Employee Rights, Employer Responsibilities, Employment Contract, Exempt-Employees

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Massie Cooper

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Todd Cooper

Treasury and IRS Issue Updated Domestic Content Guidance Under IRA and First Updated Elective Safe Harbor

On January 16, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2025-08 (Notice), which provides an updated safe harbor (First Updated Elective Safe Harbor) that modifies and otherwise… more

Clean Energy, Corporate Counsel, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits

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Thomas Cordova

SEC Announces 2022 Regulatory Agenda

On June 22, the Office of Information and Regulatory Affairs (OIRA) released the Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. OIRA is the government’s central authority to review executive branch… more

Environmental Social & Governance (ESG), OIRA, Regulatory Agenda, Securities and Exchange Commission (SEC)

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Julia Corelli

Private Funds CFO: Fees & Expenses Survey 2024

Financial disclosure - A decade of growing transparency - Welcome to the 2024 Private Funds CFO Fees & Expenses Survey, which has been conducted biennially since 2014. The SEC’s Private Funds Rules have been vacated,… more

CFOs, Dodd-Frank, Hedge Funds, Investment Funds, Private Equity

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Zach Corenblum

SEC Adopts Final Rule Amendments for Rule 10b5-1 Trading Plans and Creates New Disclosure Requirements

Overview On December 14, 2022, the Securities and Exchange Commission (SEC) adopted amendments and certain enhanced disclosure requirements related to Rule 10b5-1 trading plans. The new amendments include… more

10b5-1 Plans, Cooling-Off Rule, Disclosure Requirements, Final Rules, Insider Trading

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Elizabeth Corey

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand just… more

Air Pollution, Air Quality Standards, Clean Air Act, Energy Policy, Environmental Policies

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Patrick Costello

SEC Adopts Final Rules Enhancing Disclosures and Providing Additional Investor Protections Related to SPACs

Nearly two years after first proposing new rules related to special purpose acquisition companies (SPACs), the U.S. Securities and Exchange Commission (SEC) has adopted final rules aimed at enhancing investor protections in… more

Final Rules, Initial Public Offering (IPO), Investment, Investment Companies, Investor Protection

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Hannah Couch

Florida’s New TCPA Law Effective July 1

This past April, the Florida legislature passed an amendment to Florida’s version of the Telephone Consumer Protection Act, CS/SB 1120. Two days before the amendment’s effective date of July 1, 2021, Governor Ron DeSantis signed… more

Auto-Dialed Calls, Florida, Robocalling, State and Local Government, TCPA

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Jason Cover

Eighth Circuit Vacates FTC’s Negative Option Rule for Procedural Violations

On July 8, a panel for the U.S. Court of Appeals for the Eighth Circuit issued a significant decision in the case of Custom Communications, Inc. v. Federal Trade Commission (FTC). The panel vacated the FTC’s amended Negative… more

Administrative Procedure Act, Appeals, Enforcement Actions, Federal Trade Commission (FTC), Negative Option Rule

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M. Benjamin Cowan

Extreme Makeover – NEPA Edition: Permitting Agencies Strip Their Environmental Review Regulations Down To The Studs

In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National… more

Department of Defense (DOD), Department of Energy (DOE), Department of the Interior, Department of Transportation (DOT), Deregulation

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M. Benjamin M. Cowan

Navigating the Inflation Reduction Act: Insights on Brownfield Energy Community Credits - Energy Law Insights

Join Troutman Pepper Locke Partners Karlie Webb and Ben Cowan as they delve into the complexities of the Inflation Reduction Act, focusing on the Brownfield Energy Community credits. This discussion covers the statutory… more

Brownfield Properties, CERCLA, Energy Projects, Energy Sector, Energy Tax Incentives

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Roger Cowie

Internal Investigations: The Three C’s – Confidence. Credibility. Cost.

In this issue: - THE THREE C’S — CONFIDENCE, CREDIBILITY AND COST - WHO CONDUCTS THE INVESTIGATION? - SCOPE OF THE INVESTIGATION - MINDSET AT THE OUTSET OF AN INVESTIGATION - THE NEED FOR SPEED -… more

Attorney-Client Privilege, Audits, Corporate Culture, Data Privacy, Data Protection

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Alexander Cox

Texas and Oregon Data Privacy Laws: Applicability Concerns and Enforcement

Two state privacy laws that pose unique applicability concerns went into effect July 1, 2024: the Oregon Consumer Privacy Act (the “OCPA”) and the Texas Data Privacy and Security Act (the “TDPSA”). Generally following the… more

Cybersecurity, Data Privacy, Data Protection, Data Security, Personal Data

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Carson Cox

New York AG Adopts Final Preclearance Rule and Prepares for the NYVRA to Take Effect

The New York Voting Rights Act‘s (NYVRA) preclearance section takes effect on September 22, 2024. The new rule requires covered jurisdictions to seek “preclearance” of certain covered policy changes to their election and… more

Covered Entities, Election Laws, Jurisdiction, New Rules, New York

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Peter Stephen Cox

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Jabari "J.B." Craddock

FTC Testifies Before Congress on Its Work to Protect Consumers from COVID-19 Scams and Threats to Its Ability to Return Money to Victims of Illegal Conduct

On April 20, members of the Federal Trade Commission (FTC) testified before the Senate Commerce Committee to update lawmakers of their efforts to curtail scams and other fraudulent consumer abuses related to the novel… more

Coronavirus/COVID-19, Enforcement Actions, Federal Trade Commission (FTC), FTCA Section 13(b)

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Stuart Craft

SEC Proposes New Rules to Enhance and Standardize Climate-Related Disclosures

On March 21, the SEC proposed a highly anticipated set of rules that would require public companies to include a suite of climate-related disclosures in their SEC filings. Although the SEC published guidance in 2010 emphasizing… more

Climate Change, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Rules, Public Comment

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Akilah Craig

Texas Requires Workplace Violence Prevention Plans for Healthcare Facilities

On September 1, 2023, Chapter 331 of the Texas Healthcare and Safety Code, the “Workplace Violence Prevention” (“WVP”) law went into effect, which requires healthcare facilities in Texas to adopt workplace violence prevention… more

Employer Liability Issues, Healthcare Facilities, Healthcare Workers, Workplace Safety, Workplace Violence

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Kevin Craig

Federal Magistrate Recommends Dismissal of FDCPA and FCRA Case on Statute of Limitation and Reasonableness of Reporting Grounds

On November 9, a magistrate judge in the Northern District of Georgia issued a Report & Recommendation to grant a motion to dismiss because the plaintiff’s Fair Debt Collection Practices Act (FDCPA) claims were time-barred and… more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reports, Data Brokers, Debt Buyers

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Sean Craig

Interlocking Directorates in the Antitrust Crosshairs

The Federal Trade Commission’s (FTC) recent multipronged challenge to EQT Corporation’s acquisition from the Quantum Energy Partners private equity investment group “marks the FTC’s first case in 40 years that enforces Section 8… more

Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), FTC Act, Hart-Scott-Rodino Act

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Sarah Crandall

Life After Facebook: District of South Carolina Holds Predictive Dialer Is Not an ATDS

In one of the first major decisions after the Supreme Court’s Facebook v. Duguid decision, a federal district court in South Carolina (the “Court”) has ruled that the Aspect predictive dialer is not an automatic telephone… more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, TCPA

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Joseph Crawford

Pa. Supreme Court Finds Pa. Consumer Protection Law May Protect Nonresidents

On February 21, the Pennsylvania Supreme Court held that nonresidents can bring a claim against a business headquartered and operating from Pennsylvania under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law… more

Choice-of-Law, Consumer Protection Laws, Non-Residents, PA Supreme Court, State and Local Government

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Kevin Crisp

Not So Fast! Ninth Circuit Clarifies the Role of Materiality in Triggering SLUSA’s Class Action Bar

In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties… more

Class Action, Corporate Counsel, Fiduciary Duty, Materiality, Misrepresentation

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Julia Crooks

FDA Finalizes Guidance on Communications Regarding Unapproved Uses of Medical Products

On January 7, the U.S. Food and Drug Administration (FDA) finalized its October 2023 guidance document titled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of… more

Final Guidance, Food and Drug Administration (FDA), Health Care Providers, Healthcare, Medical Devices

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Nicole Crossey

OCR’s Directive on Race-Conscious Policies in Higher Education

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student programming,… more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Lynda Crouse

Several Regulators Re-Propose Rules to Curb Incentive Compensation at Financial Institutions

On May 6, the Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), and Federal Housing Finance Agency (FHFA) issued a notice of proposed rulemaking and request for public comment to… more

Credit Unions, Dodd-Frank, FDIC, FHFA, Financial Institutions

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Michael Crumbock

Current Executive Compensation Trends in Private Equity Transactions — Troutman Pepper Podcast

In this installment of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, Troutman Pepper Partners Joshua Gelfand and Michael Crumbock discuss current executive… more

Acquisitions, Compensation & Benefits, Employee Benefits, Employment Contract, Equity Compensation

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Nancy Cruz

COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis… more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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Katherine Culbertson

How Can a Consignor Perfect Consignment Rights Before a Bankruptcy Is Filed - Creditor’s Rights Toolkit

Consignments may be governed by either common law or Article 9 of the Uniform Commercial Code, the latter of which requires the consignor to comply with various procedures in order to perfect its security interest in the… more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Distressed Debt, Restructuring

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Thomas Cunningham

The End of the Road for Chevron

In a 6-3 decision issued June 28, 2024, the U.S. Supreme Court overruled Chevron USA, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which long stood for the proposition that courts are to defer to an… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo

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Michelle Cuozzo

Georgia Court of Appeals Affirms Superior Court’s Confirmation of Arbitration Award, Finding That Arbitrator Did Not Manifestly Disregard Law Governing the “Modified Total Cost” Approach to Damages

Gainesville Mech., Inc. v. Air Data, Inc., No. A19A0518., 2019 BL 229069 (Ga. Ct. App. June 19, 2019) - The First Division of the Georgia Court of Appeals affirmed a superior court’s decision to confirm an arbitration award… more

Appeals, Arbitration, Arbitration Awards, Construction Litigation, Construction Project

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Brandon Curtin

Recent Presidential Order Unwinding ‎Real Estate Transaction Reinforces CFIUS’ Heightened ‎‎Enforcement Regime

On May 13, 2024, President Biden issued an order (the “Order”) prohibiting the purchase and requiring the divestment of certain real estate operated as a cryptocurrency mining facility located within one mile of Francis E… more

CFIUS, Foreign Acquisitions, Foreign Investment, National Security

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Mark Dabertin

Investment Management and Private Funds Roundtable – June 2020

Pepper Hamilton partner Gregory J. Nowak hosted another virtual Investment Management and Private Funds Roundtable. Mr. Nowak was joined by Mark Dabertin, special counsel at Pepper Hamilton, to discuss the crossroads of alt… more

Financial Industry Regulatory Authority (FINRA), Investment Management, Merchant Cash Advance (MCA), Private Funds, Syndication

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Joshua Dachs

Securities Industry Arbitrations and Litigation Update: FINRA Arbitration Statistics Through May 31 Evidence Continuing Decline of Promissory Note Arbitrations — but Will the Trend Last?

The Financial Institutions Regulatory Authority (FINRA) has made its arbitration statistics for the year 2021, through May 31, available on its website. Overall, FINRA experienced an intriguing 19% decline in the number of… more

Arbitration, Broker-Dealer, Financial Industry Regulatory Authority (FINRA), Promissory Notes, Securities Litigation

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Brianna Dally

Virginia’s Protection of Reproductive Health Information Law – Part Two, Compliance and Implementation

In Part Two of this FAQ series, we continue to break down Virginia’s Senate Bill 754, Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information (Act), which amends the Virginia Consumer… more

Consent, Consumer Privacy Rights, Data Management, Data Privacy, Disclosure Requirements

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Jon Daly

New Texas Stock Exchange Aims at Nasdaq and NYSE

On April 4, the Texas Stock Exchange's (TXSE) Form 1 application for registration as a national securities exchange was publicly released by the U.S. Securities and Exchange Commission (SEC). The application contains a wealth of… more

Capital Markets, Corporate Governance, Financial Markets, Listing Rules, Nasdaq

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Anne-Marie Dao

Virginia Consumer Data Protection Act Series: Consumer Rights

As we noted in Part One of this Series, which provides an introduction and overview of the Virginia Consumer Data Protection Act, most privacy laws – including those adopted in the United States – are built on the Fair… more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Sophia Dauria

New York City’s Revival Window Opens for Gender-Motivated Violence Survivors

On March 1, New York City’s “revival window” opened for survivors of gender-motivated violence. The revival window, also referred to as a “lookback period,” runs until March 1, 2025, providing survivors with two years to bring… more

Crime Victims, Gender-Based Violence, Sexual Abuse, Sexual Assault

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Joshua Davey

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The lawsuits… more

Class Action, Colorado, Consent, Consumer Protection Laws, Corporate Counsel

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Jina Davidovich

SEC Conducts Roundtable on Executive Compensation Disclosure Practices

As previewed in our previous blog post, the Securities and Exchange Commission (SEC) hosted a roundtable on executive compensation disclosure on June 26, with panelists considering whether and to what extent the current… more

CEOs, Corporate Governance, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Emily Davidson

Executive Compensation Disclosures Are Back on the (Round)table at the SEC

The SEC announced on May 16 that it will host a roundtable discussion with representatives from public companies, compensation consultants, lawyers, investors, and other stakeholders on the topic of executive compensation… more

Comment Period, Corporate Governance, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Elizabeth Petty Davis

Key Considerations for the 2021 Reporting Season

As public companies prepare for the 2021 reporting season, they will need to consider new SEC disclosure requirements and guidance. In addition, public companies must evaluate the impact of the COVID-19 pandemic (COVID-19),… more

Coronavirus/COVID-19, Disclosure Requirements, Financial Statements, Form 10-K, GAAP

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Leslie Davis

A Change in Course? The Eleventh Circuit May Soon Join Most Circuits on the Applicability of FAA Grounds to Vacate Nondomestic Arbitration Awards

In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic arbitration… more

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

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Quintessa Davis

FERC Accepts SPP’s Revisions to Its Western Energy Imbalance Tariff Incorporating a Reliability-Based Market Hold Settlement Mechanism

On June 20, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) revisions to its Western Energy Imbalance Service (WEIS) tariff to allow a participating balancing authority to initiate a market hold due to reliability… more

Energy Market, Energy Policy, FERC, Regulatory Agencies, Regulatory Oversight

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Juan Dawson

FERC Approves Contested Settlement Agreement and Rate Schedule for Provision of Reliability Must-Run Service

On January 16, 2025, FERC approved a contested settlement agreement and rate schedule governing the provision of reliability must-run (“RMR”) service from the Indian River Unit 4 generating facility (“Unit 4”) in PJM… more

Electricity, Energy Policy, Energy Projects, FERC, Final Rules

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Clayton De Arment

Renewable Natural Gas – The Next Frontier

What is renewable natural gas, and what opportunities does it present? In this video, Troutman Pepper Partners Andrew Thurmond and Clayton De Arment explain the mechanics of making RNG, the various market participants and their… more

Energy Sector, Environmental Policies, Investment Tax Credits, Liquid Natural Gas, Natural Gas

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Victoria de Lisle

[Webinar] Issues and Recent Developments in Art Law, Part 1: Lending Issues - Wealth Management - February 21st, 11:00am CT

Please join Christie’s and the Locke Lord LLP Art Law Group for an informative discussion on current lending issues affecting art. Wednesday, February 21, 2018, 11:00 a.m. - 12:30 p.m. (Central. Program will promptly begin at… more

Art Auctions, Art Collections, Artistic Works, CEOs, CFOs

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James De Rose III

The State of New York Courts During COVID-19, Revisited

As described in Locke Lord’s previous QuickStudies, New York’s state and federal courts quickly transformed their procedures and operations as a result of the onset of the COVID-19 pandemic. Now, as more residents across New… more

Coronavirus/COVID-19, Court Schedules, State Courts

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Wynter Deagle

More Privacy, Please - June 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to… more

Biden Administration, Biometric Information, Biometric Information Privacy Act, Cryptocurrency, Cybersecurity

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D. Kyle Deak

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Graham Dean

Iowa on Cusp of Enacting Privacy Legislation

Recently, the Iowa Legislature sent a bill to Iowa Governor Kim Reynolds for her signature that would make Iowa the sixth state to enact a comprehensive privacy law. The Iowa Senate unanimously passed Senate File 262 (SF 262) on… more

Cybersecurity, Data Privacy, Data Protection, Data Security, State Privacy Laws

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Ryan Deck

How High Court SEC Case Could Affect the ITC

On Nov. 29, 2023, the U.S. Supreme Court heard oral argument in SEC v. Jarkesy. Originally published in Law360 - February 16, 2024… more

International Trade Commission (ITC), Oral Argument, Right to a Jury, SEC v Jarkesy, Securities and Exchange Commission (SEC)

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Joseph DeFazio

Proposed New York FAIR Business Practices Act Aims to Expand Consumer Protections Against Unfair, Deceptive, or Abusive Practices

On March 13, New York State introduced proposed legislation titled the Fostering Affordability and Integrity Through Reasonable Business Practices Act (FAIR Act). The proposed legislation seeks to broaden the scope of consumer… more

Abusive Acts, Affirmative Defenses, Article III, Debt Collection, Financial Services Industry

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Leah DeFazio

Court of Appeals Blocks Texas AG From Enforcing Pre-Litigation Subpoena

The U.S. Court of Appeals for the District of Columbia recently enjoined Texas Attorney General (AG) Ken Paxton from enforcing a pre-litigation subpoena issued to Media Matters for America (Media Matters). The subpoena is… more

Advertising, Appeals, Constitutional Challenges, Enforcement Actions, First Amendment

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Connor DeFilippis

D-1 Baseball Player Fights for Extended Eligibility

Recently, the U.S. District Court for the Middle District of Georgia denied a request from a D-1 baseball player for a temporary restraining order (TRO) against the NCAA related to his eligibility, as well as a preliminary… more

Antitrust Violations, College Athletes, Litigation Strategies, NCAA, Preliminary Injunctions

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Carlo DeHart

Kirschner Update: 2nd Circuit Affirms District Court Opinion That Leveraged Loans Are Not Securities

In its highly anticipated decision, the Second Circuit has answered the question of whether a syndicated term loan qualifies as a “security” with a definitive “no”. On August 24, the Court of Appeals for the Second Circuit… more

Consumer Financial Products, Financial Markets, Financial Services Industry, Leveraged Loans, Reves v Ernst & Young

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Joseph Del Raso

Investment Management Update - Q1 2025

Explore the latest legal developments and regulatory updates impacting funds, advisers, and industry participants, including SEC rule amendments, compliance extensions, and guidance on accredited investor verification… more

Financial Markets, Investment Adviser, Investment Funds, Investment Management, Regulatory Requirements

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Allison DeLaurentis

New DOJ Guidance Tightens Corporate Enforcement Strategy

Join Troutman Pepper White Collar and Government Investigation Partners Callan Stein, Miranda Hooker, and Allison DeLaurentis for a podcast discussion on the DOJ’s updated guidelines regarding corporate criminal enforcement… more

Compliance Monitoring, Corporate Crimes, Corporate Culture, Criminal Prosecution, Department of Justice (DOJ)

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Matthew DelDuca

Texas Court Issues National Injunction Barring Enforcement of the FTC’s Noncompete Ban

In a complete victory for plaintiffs, a Texas court permanently enjoined the Federal Trade Commission’s (FTC) rule banning nearly all employee noncompetes. In the absence of the court’s decision, the rule had been scheduled to… more

Administrative Procedure Act, Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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Cynthia DeLisi

NJ Supreme Court Rules No Public Health And Safety Ordinance Exception To Vested Rights Of Final Land Use Approvals

The protection from ordinance changes, commonly known as “vested rights,” conferred by the grant of a final subdivision or site plan approval is one of the most important legal tenets of New Jersey’s Municipal Land Use Law… more

Land Developers, Land Use Restrictions, Municipalities, Real Estate Development, State and Local Government

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Louis DelJuidice

Enforcing IP in a Pandemic: Considerations, Risks, Strategies

Moderna, a biotechnology company that is currently advancing a leading COVID-19 vaccine candidate, recently stated that it would not enforce its vaccine patents during the current health crisis. In light of this announcement,… more

Biotechnology, Coronavirus/COVID-19, Infectious Diseases, Intellectual Property Litigation, Intellectual Property Protection

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Nathan DeLoatch

Texas Ruling Guides on Asset Sales for Secured Creditors

The general rule in bankruptcy is that administrative expenses, generally defined as the necessary costs and expenses of preserving property of the estate, are paid from the debtor's bankruptcy estate. Originally published in… more

Bankruptcy Code, Bankruptcy Court, Creditors, Debtors, Sale of Assets

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Nile Delso

Is Bayh-Dole the Next Lever in the Push to Onshore Pharma Manufacturing?

The U.S. government is pushing to redomesticate the manufacturing of pharmaceutical, biotech, gene therapy, and medical device products, both to bolster U.S. manufacturing generally and to address continuing shortages of these… more

Bayh-Dole Act, Biologics, Federal Funding, Federal Grants, Government Agencies

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Jonathan DeMars

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Hazen Dempster

ARRC Formally Recommends CME Group's SOFR Term Rates

On July 29, the Alternative Reference Rates Committee (ARRC) formally recommended the use of the CME Group’s forward-looking Secured Overnight Financing Rate (SOFR) term rates (Term SOFR) as a replacement to the London Interbank… more

Alternative Reference Rates Committee (ARRC), Banking Sector, CFTC, Libor, Secured Overnight Funding Rate (SOFR)

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Ben Deninger

DOD Issues Final “Enhanced Debriefing” Rule for Government Bids

The U.S. Department of Defense’s (DOD) new “enhanced” debriefing rule is intended to provide bidders more transparency and increase the efficiency of the DOD’s bidding system. Effective March 18, the rule is mandatory for… more

Bid Protests, Department of Defense (DOD), Federal Contractors

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Michael DePrince

A Difference of Opinion Remains: The Third Circuit's Rejection of an "Objective Falsity" Requirement for FCA Liability Stands After the Supreme Court Denies Certiorari

The Supreme Court denied a closely watched petition to review the Third Circuit’s decision in United States ex rel. Druding v. Care Alternatives, a False Claims Act (FCA) case that created a circuit split around whether and when… more

False Claims Act (FCA), Health Care Providers, Qui Tam, Relators

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William Derasmo

A Voltage Voyage With Danielle Spalding, Cirba Solutions — Battery + Storage Podcast

In this episode, guest hosts Dan Anziska and Coby Beck join Bill Derasmo for an interview with Danielle Spalding, vice president of communications and public affairs at Cirba Solutions. Spalding discusses the importance of… more

Batteries, Clean Energy, Energy Policy, Energy Storage, Energy Tax Incentives

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Ryan Deroo

New York Appellate Court Affirms Decision to Deny Motion to Compel Arbitration in Multi-Billion Dollar Construction Dispute

BML Properties Ltd. v. China Construction America Inc., et al., 101 N.Y.S. 3d 597 (N.Y. App. Div. 2019) - On July 2, 2019, a New York appellate court upheld a lower court ruling by Justice Saliann Scarpulla, denying a… more

Appeals, Arbitration, Arbitration Agreements, Construction Disputes, Construction Litigation

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Kevin Desharnais

USEPA Advances Toward Regulation of PFAS in Drinking Water

Climate change and environmental justice are currently dominating the conversation in the environmental legal community, but 2021 promises to be an extremely active year for one of the most challenging environmental issues of… more

Drinking Water, PFAS, Safe Drinking Water Act, USEPA

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Donald Detweiler

Overview of Managing Customer Relationships in Troubled Times

In the midst of the unprecedented global health challenge presented by the spread of the coronavirus (COVID-19), businesses will almost certainly face pervasive disruptions to operations as the economy experiences widespread… more

Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Debt

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Lauren DeWitt

NJ Prescribers Now Subject to New Limits on Payments From Pharma Manufacturers

A recently finalized New Jersey rule imposes new limits on prescriber acceptance of gifts and compensation from pharmaceutical manufacturers and their agents, and will likely have a significant impact on many prescriber service… more

Health Care Providers, Manufacturers, Meals-Gifts-and Entertainment Rules, Pharmaceutical Industry, Physician Payments

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Matthew Dials

US DOL Updates Prevailing Wage Rules for Construction Industry

On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication of… more

Anti-Retaliation Provisions, Construction Industry, Construction Workers, Department of Labor (DOL), Employer Liability Issues

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Tracey Diamond

Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

The drama of “It Ends With Us” has jumped from the book to the big screen to a real-life legal battle that offers a sharp reminder of how retaliation and digital misconduct can derail even the most powerful players in any type… more

Anti-Harassment Policies, Celebrities, Employees, Employer Responsibilities, Employment Discrimination

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Bianca DiBella

US Supreme Court to Hear Nvidia Crypto Mining Case on Securities Pleading Standard

On June 17, the U.S. Supreme Court granted certiorari in Nvidia Corp. v. E. Ohman J:or Fonder AB, agreeing to hear Nvidia’s appeal of a Ninth Circuit ruling that revived shareholders’ fraud claims regarding Nvidia’s… more

Bitcoin Mining, Certiorari, Cryptocurrency, NVIDIA, Nvidia Corp v E Ohman J or Fonder AB

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Brinkley Dickerson

SEC Final Rule: The Enhancement and Standardization of Climate-Related Disclosures for Investors

On Wednesday, the SEC approved final rules for standardized climate-disclosure. A tabular summary of the final rules is available here. With two significant exceptions, the final rules are largely consistent with the proposed… more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Greenhouse Gas Emissions

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Nick Dickerson

OFAC Russia Related Sanctions Update: ‎July 2022‎

On June 28, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued five new General Licenses (“GL”) (GL 39, GL 40, GL 41, GL 42, and GL 43), released a new determination prohibiting gold… more

Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls, Financial Institutions

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Brian Dierzé

Labor and Employment Developments in California in 2025

California often finds itself at the forefront of labor and employment law, with changes affecting employers each year. This year is no different. In 2025, employers can expect a variety of impactful changes to the legislative… more

California, Crime Victims, Employee Benefits, Employee Rights, Employees

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Ryan Diffley

Tariff Reform Legislation and Congressional Trade Activity – Week of April 7, 2025

On April 9 at 12:01am, reciprocal tariffs on more than 60 countries ranging from 17-50% were scheduled to go into effect, only to be pulled back on April 9 as President Trump announced a 90-day pause — possibly to July 8. The… more

China, Congressional Committees, Congressional Investigations & Hearings, Exports, Foreign Policy

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Nick DiGiovanni

Navigating the Maze of Medical Cannabis - Uncertainty and the Challenge of Obtaining Banking and Insurance Services for Marijuana-Related Businesses

The current and two immediate past presidents have smoked it. As one leading expert commented during a congressional hearing, perhaps “marijuana is a gateway drug to the White House?” Medical marijuana is now legal in nearly… more

Commercial Bankruptcy, Controlled Substances, DEA, Dispensaries, Financial Institutions

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Kirk Dillard

What We Know and What is Ahead: COVID-19 Financial Assistance

As of the date of this QuickStudy, although it is anticipated that Congress will increase the federal funds allocated to the Paycheck Protection Program (the “PPP”) by the Coronavirus Preparedness and Response Supplemental… more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Paycheck Protection Program (PPP), Relief Measures

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Kathryn DiMartino

Five Ways to Bring Your Firm's Culture Into the Recruiting Process

As the pool of top associate talent has decreased over the past several years due to reduced numbers of experienced midlevel associates, increased opportunities for in-house positions, and declining law school enrollment, the… more

Corporate Culture, Hiring & Firing, Interviews, Law Firm Associates, Law Firm Partners

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Noah DiPasquale

CFPB Rescinds Dozens of Regulatory Guidance Documents in Major Regulatory Shift

The Consumer Financial Protection Bureau (CFPB or Bureau) announced the withdrawal of 67 regulatory guidance documents, including interpretive rules, policy statements, and advisory opinions that have been issued since the… more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Deregulation, ECOA, EFTA

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Molly DiRago

More Privacy, Please – February 2024

Editor’s Note: In recent regulatory and enforcement developments, the White House announced a new executive order aimed at strengthening cybersecurity at U.S. ports, and another executive order was issued to protect sensitive… more

Artificial Intelligence, Biden Administration, Consent Order, Consumer Financial Products, Cybersecurity

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Ryan DiSantis

The False Claims Act Enters the School Zone

On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI)… more

Affirmative Action, Civil Rights Act, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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M. Buck Dixon

NJDEP Heightens the Hurdle to Achieve Closure of Groundwater Remediation Cases

Effective February 3, 2025, the New Jersey Department of Environmental Protection (NJDEP) adopted amendments to the Ground Water Quality Standards (GWQS), N.J.A.C. 7:9C. The amendments updated the groundwater quality criteria… more

Clean Water Act, Environmental Policies, Groundwater, New Jersey, NJDEP

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Thomas Dockery

Navigating Jurisdictional Pitfalls: Lessons From Global One Media, Inc. v. Newtek Small Business Finance, LLC on Lien Filing Errors

The Ninth Circuit Bankruptcy Appellate panel recently reaffirmed the longstanding principle that a UCC-1 financing statement securing personal property must be filed at the debtor’s location. In a recent case, the lender did not… more

Appeals, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

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Jill Dolan

FTC Advances Negative Option Rulemaking Agenda, Eyeing Broader Regulation of Subscriptions and Automatic Renewals

Today, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking with the stated intent to make it easier for consumers to cancel recurring subscriptions and memberships. This rulemaking is part of the FTC’s… more

Automatic Renewals, Consumer Contracts, Federal Trade Commission (FTC), Proposed Rules, Subscription Services

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Kyle Dolinsky

A Model’s Credibility Is in the Details: FDA Draft Guidance on the Use of AI Models in Drug and Biological Product Development

In January, the U.S. Food and Drug Administration (FDA) issued its first guidance on the use of artificial intelligence (AI) models in drug development and in regulatory submissions titled, “Considerations for the Use of… more

Artificial Intelligence, Clinical Trials, Drug Safety, Food and Drug Administration (FDA), Healthcare

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Delia Donahue

Top Five Costly Mistakes to Avoid in Commercial Loan Closings

Banks are in the business of making loans. Lenders, underwriters and credit committees do their best to weed out the potentially problematic credits. The approval of a strong credit however is only the beginning. Originally… more

Closing Documents, Commercial Loans, Contract Terms, Post-Closing Rights, Uniform Commercial Code (UCC)

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Gislar Donnenberg

New Texas Stock Exchange Aims at Nasdaq and NYSE

On April 4, the Texas Stock Exchange's (TXSE) Form 1 application for registration as a national securities exchange was publicly released by the U.S. Securities and Exchange Commission (SEC). The application contains a wealth of… more

Capital Markets, Corporate Governance, Financial Markets, Listing Rules, Nasdaq

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Nikki Donofrio

Delaying Rent Payment by Assisted Living and Skilled Nursing Facilities in Chapter 11

The lifeblood of any debtor operating in Chapter 11 is access to cash to maintain ongoing operations. This is particularly important in cases involving assisted living and skilled nursing facilities given the health, safety, and… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Leases

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Neil Doogan

SEC Proposes Rule Changes Shortening the Securities Settlement Cycle to T+1 By March 31, 2024

On February 9, the Securities and Exchange Commission (SEC) proposed rule amendments to shorten the standard securities settlement cycle for most broker-dealer transactions to one business day after the trade date (commonly… more

Comment Period, Proposed Amendments, Proposed Rules, Public Comment, Securities and Exchange Commission (SEC)

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Sean Doolittle

Copyright Office Advises on Copyrightability of Generative AI Works

On January 29, the U.S. Copyright Office published the second part of a planned three-part report on copyright and artificial intelligence (AI), this time focused on the question of copyrightability for AI-generated creative… more

Artificial Intelligence, Copyright, Copyright Litigation, Copyright Office, Innovative Technology

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Jennifer Doran

Streamlining eDiscovery: The Case for Supervised Collections and Custodial Interviews

Despite the many technological advances in the collection, processing, and review of electronically stored information, it remains vital to conduct custodial interviews focused on data identification to confer a litigation… more

Data Collection, Data Management, Data Preservation, Discovery, Document Review

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Miranda Dore

2020 State Attorney General Actions Offer Guideposts for Companies in the Coming Year

In 2020, state attorneys general spearheaded regulatory actions that addressed some of the most pressing consumer concerns, reaching resolutions on data breaches, for-profit and automobile financing, opioids, medical devices,… more

CARES Act, Consumer Financial Protection Bureau (CFPB), Coronavirus/COVID-19, Cybersecurity, Loans

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Brett Dorman

More Privacy, Please - October 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to… more

Biometric Information, Cybersecurity, Data Privacy, Data Protection, Data Security

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Ryan Dornberger

Federal Circuit Clarifies Liability of ‎Foreign Revenue for U.S. Domestic Patent ‎Infringement

In a ruling with significant implications for both plaintiffs and defendants in patent infringement disputes, the Federal Circuit recently clarified the law on using foreign revenue as a damages base for U.S. patent… more

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

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Gregory Dorris

Structuring Cross-Border Venture Investments Under the CFIUS Pilot Program

U.S. technology companies raising funds from foreign investors should carefully consider whether the proposed financing transaction can be structured to avoid falling within the purview of the Committee on Foreign Investment in… more

CFIUS, Covered Transactions, Cross-Border Transactions, Emerging Technology Companies, Export Control Reform Act (ECRA)

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Lauren Doughty

[Webinar] Issues and Recent Developments in Art Law Part 5: Trusts and Estates: Artful Planning - January 30th, 11:00am CT

Please join Christie’s and the Locke Lord LLP Art Law Group for a webinar discussing the latest issues related to art law… more

Art Collections, Charitable Donations, Continuing Legal Education, Estate Planning, Fine Art

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Antonia Douglas

On Rehearing, FERC Upholds Approval of PJM’s Proposed Offer Cap Tariff Revisions

On June 26, 2025, FERC upheld PJM Interconnection, L.L.C.’s (“PJM”) proposal to revise its Capacity Performance Quantifiable Risk (“CPQR”) Offer Cap. Several public interest organizations and PJM’s Independent Market Monitor… more

Appeals, Competition, Energy Market, Energy Policy, Energy Sector

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Chris Dove

Can an Arbitrator Require Arbitration by Videoconference?

In response to the stay-at-home orders issued by various state and local authorities aimed at slowing the spread of COVID-19, all aspects of the economy have been experimenting with various online platforms as a way to keep… more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Videoconference

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David Dove

Understanding Georgia's Civil Justice Climate With Commissioner John King — Regulatory Oversight Podcast

In this episode of Regulatory Oversight, David B. Dove, leader of our firm's Regulatory and Economic Investment Practice in Georgia, is joined by Georgia Insurance Commissioner John King to discuss his office’s recent report… more

Business Litigation, Insurance Litigation, Regulatory Oversight, Tort Reform

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Nicholas Dowdle

Time to Assess "Foreign Private Issuer" Status - 2023

It is time to assess “foreign private issuer” status. Foreign public and private issuers enjoy the benefits of significant exemptions and exclusions from registration under U.S. federal securities laws based on whether they are… more

Capital Markets, Foreign Private Issuers, Publicly-Traded Companies, Registration Statement, Securities Regulation

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Brian Downey

Seven Top Trends in COVID-19 Litigation Targeting Business Practices

The unprecedented health emergency and closely related economic crisis created by COVID-19 have triggered a wave of putative class action and individual lawsuits targeting a wide range of businesses… more

Advertising, Banks, CARES Act, Coronavirus/COVID-19, Employer Liability Issues

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Alex Downs

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way… more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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Erica Hall Dressler

FTC Seeks Public Comment on Potential Franchise Rule

The Federal Trade Commission (FTC) made another move to protect two of the Biden administration’s priority constituencies: small business and workers. This time, it targeted perceived unreasonable restraints in the franchise… more

Biden Administration, Comment Period, Federal Trade Commission (FTC), Franchises, FTC Franchise Rule

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William Droze

Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights

The energy sector is currently undergoing seismic change and with that change comes tremendous opportunity. Our energy video series, which features nationally recognized Troutman Pepper partners as they discuss a vast array of… more

Contract Terms, Energy Contracts, Energy Sector, Force Majeure Clause, Oil & Gas

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Jill Drum

Fifth Circuit Finds ANR Pipeline’s Tariff Does Not Require Simultaneous Delivery for Short-Notice Shipments

On May 22, 2025, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed a dispute between ANR Pipeline Company (“ANR”) and FERC. The case centered on the interpretation of ANR’s tariff and whether it… more

Appeals, Contract Disputes, Contract Interpretation, Critical Infrastructure Sectors, FERC

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Jay Dubow

Conviction in Insider Trading Case Brings New Attention to 10b5-1 Plans

On June 23, the U.S. Department of Justice announced that Terren Scott Peizer, founder of Ontrak Inc., a Miami-based publicly traded health care company, has been sentenced to three and one half years in prison by a California… more

10b5-1 Plans, Appeals, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ)

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Heather Ducat

SEC Adopts Final Rules Amending and Modernizing Beneficial Ownership Reporting Requirements

On October 10, the Securities and Exchange Commission (SEC) adopted, by a bipartisan 4-1 margin, the final rules to amend and modernize the regulations governing beneficial ownership reporting under Sections 13D and 13G of the… more

Beneficial Owner, Business Ownership, Filing Deadlines, Final Rules, Regulatory Reform

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Kirk Dungca

Legal Considerations for Establishing Operations in the United States

The business climate in the United States, though subject to business cycles, is the largest, most dynamic and durable in the world… more

Business Operations, Business Taxes, CFIUS, Delaware General Corporation Law, FCPA Guidance

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Austin Dunn

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Emily Dupraz

PFAS to Drive Environmental Enforcement in 2019

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), a group of manmade chemicals that have been used in various manufacturing processes throughout the past century, have made headlines around the country due to emerging… more

CERCLA, Department of Environmental Quality, Drinking Water, Environmental Claims, Environmental Liability

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Robert Durant Jr.

The Massachusetts Supreme Judicial Court Ends Confusion on Right to Reinstate Prior to Foreclosure

On November 25, 2020, the Supreme Judicial Court of Massachusetts (“SJC”) issued a decision in Thompson v. JPMorgan Chase Bank, N.A., SJC-12798, ___ Mass ___ (2020), holding that state law overrides the requirement in the… more

Acceleration, Borrowers, Default, Foreclosure, Mortgages

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Sean Dutton

New York AG Proposes Rules for Preclearance Under the New York Voting Rights Act

On June 12, the Office of the New York State Attorney General (AG) proposed a new rule related to the New York Voting Rights Act (NYVRA)… more

Covered Entities, New York, Preclearance, Proposed Rules, State Attorneys General

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Benjamin Duwve

FERC Accepts SPP’s Revised High Priority Transmission Study Planning Process

On May 14, 2025, FERC accepted Southwest Power Pool, Inc.’s (“SPP”) proposed revisions to its Open Access Transmission Tariff (“OATT”) to modify its high priority transmission study planning process. SPP argued these changes… more

Dispute Resolution, Energy Policy, Energy Projects, FERC, Infrastructure

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Thomas Dwyer

Policies in Focus: Opportunities and Challenges Expected for M&A and VC in 2025

The only constant in Washington, D.C., is that power will periodically shift from one party to another, and back again. As a new administration and Congress begin to chart a course on a wide range of policies, it is important to… more

Acquisition Agreements, Antitrust Provisions, Artificial Intelligence, Competition, Corporate Sales Transactions

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Louise Nelson Dyble

UPDATE: Montana District Court Vacates EPA’s “Secret Science” Rule

The EPA’s “Secret Science” rule establishing new standards for consideration of certain “pivotal” scientific studies, which was slated to go into effect on January 6, 2021, has been vacated and remanded by the U.S. District… more

Administrative Procedure Act, Environmental Protection Agency (EPA), Remand, Vacated

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Monika Dziemianczuk

Pulling the Trigger on Force Majeure: An Update from the Midstream Energy Perspective

Last month we provided a Locke Lord LLP QuickStudy outlining Texas law on force majeure in light of COVID-19 and the oil price war. While the price war may have reached a cease-fire, the pandemic and its effect on the global… more

Contract Terms, Coronavirus/COVID-19, Energy Sector, Force Majeure Clause, Oil & Gas

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James Earle

ESG Investing in 401(k) Plans – More Rule Changes on the Way

In our recent client alert, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” we reported that a Texas district court recently upheld Biden-administration Department… more

401k, Biden Administration, Compensation & Benefits, Department of Labor (DOL), Employee Benefits

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Kimberly Delk Eason

CFPB and DOJ Reinforce Federal Housing Protections for the Military Community

The Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) issued joint letters, restating the federal housing protections afforded to military servicemembers during the COVID-19 pandemic. While some… more

Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Military Service Members, Servicemembers Civil Relief Act (SCRA)

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Kristen Eastman

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Luke Nicholas Eaton

Continuous Cessation of Labor on Construction Projects Can Trigger Statutory Remedy Deadlines

State and local governments throughout the country continue to issue orders in response to the novel coronavirus (COVID-19) outbreak. Many states have ordered the shutdown of all businesses, with various exceptions such as… more

Business Interruption, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors, Delays

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Richard Eckman

FDIC Makes Bank Merger Policy a Priority This Year

On February 7, Acting Chairman Martin J. Gruenberg announced the Federal Deposit Insurance Corporation's (FDIC) priorities for 2022, including undertaking a comprehensive review of the process of considering and evaluating bank… more

Bank Merger Act, Banks, FDIC, Mergers

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Nicole Edmonds

Foreign Private Issuers: Have You Assessed Your Status Under US Securities Laws? (UPDATED)

For foreign private issuers registered with the U.S. Securities and Exchange Commission (SEC), there are several filing statuses that affect the content of various disclosures that must be made public. Foreign private issuers… more

Accelerated Filers, Canada, Disclosure Requirements, Emerging Growth Companies, Filing Requirements

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Erin Edwards

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Theodore Edwards

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Benjamin Eichel

Illinois Brick Simplified: U.S. Supreme Court Rules That Purchasers from iPhone App Store Can Sue Apple Despite the Fact that Apple Does Not Set App Prices

On May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class… more

Antitrust Division, Antitrust Litigation, Antitrust Provisions, Apple, Direct Purchasers

See all updates »

Avrohom Einhorn

Ninth Circuit Deviates From Third Circuit: Declines Removal Jurisdiction Based on PREP Act Even With Presence of Willful Misconduct Claims

Who Needs to Know - Skilled nursing facility and nursing home operators… more

Coronavirus/COVID-19, Health Care Providers, Nursing Homes, Public Readiness and Emergency Preparedness Act (PREP Act), Skilled Nursing Facility

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Philip Eisenberg

Riding the Regulatory Wave: BOEM ‎Issues New Rules for Surfing the ‎Provision of Financial ‎Assurance

The regulatory seascape for financial assurance related to offshore oil and gas production and decommissioning in federal waters has come in waves over the past decade, and like waves, the regulations often build momentum only… more

BOEM, Energy Sector, Offshore Lease, Oil & Gas

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Patricia Ellard

Keeping Yourself Accountable to Client Feedback

One of the many benefits of receiving client feedback is that it is often candid. Clients are not shy about stating what they want or need and what can be improved. This gives attorneys a great roadmap for client development… more

Client Services, Law Firm Ownership, Law Practice Management, Professional Development

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Grace Elliott

Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged "ESG Investing" Without Any ESG Funds

On January 10, 2025, in Spence v. American Airlines, a federal district court in Texas ruled that American Airlines (the company) and the committee overseeing its 401(k) plans (the committee) breached their duty of loyalty under… more

401k, American Airlines, Asset Management, Compensation & Benefits, Duty of Loyalty

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Brian Ellixson

Federal Court Strikes Down DOL’s 2024 Rule on Overtime Exemptions Nationwide

Last Friday, a Texas federal court struck down the U.S. Department of Labor’s (DOL) 2024 rule raising the minimum salary levels for certain exemptions to the overtime requirements of the Federal Labor Standards Act (FLSA). The… more

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

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Nicole ElMurr

White House Finalizes New Mental Health Parity Rule

The White House has finalized the new Mental Health Parity rule, which focuses on increasing access to mental health/substance use disorder treatment through nonquantitative treatment limitations (NQTL) data and reporting,… more

Health Insurance, Healthcare, Healthcare Reform, Mental Health, Mental Health Parity Rule

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Nick Elwell-Sutton

U.K. General Election 2024: Labour and Employment Law Proposals

If the opinion polls are to be believed, on 5 July 2024 the United Kingdom will have a new Prime Minister from the left-leaning Labour party following a landslide victory. A central Labour party pledge is its “Plan to Make Work… more

Employee Rights, Employer Liability Issues, Hiring & Firing, International Labor Laws, UK

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Christine Emello

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Sky Emison

Supreme Court Rules 8-1 That Government Must Pay Health Insurers Under ACA Risk Corridor Program

In a major win for health insurers, the U.S. Supreme Court ruled in an 8-1 decision that the federal government owes roughly $12.3 billion to health insurers who claimed losses under the risk corridor program of the Affordable… more

Affordable Care Act, Appropriations Bill, Court of Federal Claims, Damages, Government Payments

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John Emmanuel

New Connecticut Flood Insurance Disclosure Requirements

On June 10, 2025, Governor Lamont signed Senate Bill No. 9 into law. In light of the passage of the bill, on July 8, 2025, the Connecticut Insurance Department (Department) issued Bulletin PC-93-25, addressed to “all companies… more

Connecticut, Consumer Insurance Products, Disclosure Requirements, Flood Insurance, Homeowner's Insurance

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Mitchell Emmert

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

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Deborah Enea

Navigating Jurisdictional Pitfalls: Lessons From Global One Media, Inc. v. Newtek Small Business Finance, LLC on Lien Filing Errors

The Ninth Circuit Bankruptcy Appellate panel recently reaffirmed the longstanding principle that a UCC-1 financing statement securing personal property must be filed at the debtor’s location. In a recent case, the lender did not… more

Appeals, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors

See all updates »

Robyn English-Mezzino

No-Poach Case Against HP Dismissed for Failure to Allege a Plausible Conspiracy

Many recent no-poach agreement antitrust claims have risen within the franchise context, where the alleged agreement was plainly described in the operative franchise agreements. In those cases, the parties fought over what… more

Antitrust Litigation, Cartwright Act, Employer Liability Issues, No-Poaching, Sherman Act

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James Epstein

Recent Cases Demonstrate DOJ Strategy of Deferred Prosecution Agreements Alongside False Claims Act Suits

Two recent cases suggest that the Department of Justice (DOJ) may be more open to deferred prosecution agreements (DPAs) as a vehicle to resolve False Claims Act (FCA) suits. Just recently on January 4, the U.S. Attorney’s… more

Criminal Prosecution, Deferred Prosecution Agreements, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Zachary Epstein

SDNY Ramps Up Pressure on Companies to Voluntarily Disclose Wrongdoing

On February 13, the U.S. Attorney’s Office (USAO) for the Southern District of New York (SDNY) announced a pilot program through which whistleblowers who voluntarily self-disclose criminal conduct relating to public or private… more

Bribery, Corporate Liability, Corporate Misconduct, Corruption, Department of Justice (DOJ)

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Avinoam Erdfarb

New York Signals the Importance of Technology in Consumer Financial Protection

The New York Department of Financial Services (NYDFS) recently surprised financial services’ compliance and legal professionals by announcing the creation of a “Consumer Protection and Financial Enforcement Division.”… more

Artificial Intelligence, Big Data, Blockchain, Cryptocurrency, Digital Wallets

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Seth Erickson

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Cesar Escalante

Florida’s CHOICE Act Expected to Expand Employer-Friendly Non-Compete Laws on ‎July 1‎

Pending expected approval from Gov. Ron DeSantis, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act is expected to go into effect on July 1, 2025. Once in place, the CHOICE… more

Contract Terms, Employees, Employer Responsibilities, Employment Contract, Florida

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Jeffrey Escobar

New York City’s Proposed “City of Yes ‎for Carbon Neutrality” ‎Zoning Initiative Offers ‎Potential ‎Renewable Energy Boom to ‎Developers

New York City Mayor Eric Adams recently officially unveiled a wide-ranging zoning initiative ‎proposal that, if passed by the City Council this October, will not only provide broad-ranging ‎new economic opportunities for… more

Investment Tax Credits, Production Tax Credit, Renewable Energy, Solar Energy, Zoning Laws

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Justin Esposito

Use It or (You Might) Lose It – Gifting in 2020

The federal estate, gift, and generation-skipping transfer (GST) tax exemptions are all at the historically high level of $11,580,000 per person ($23,160,000 for a married couple). Under current law, the exemptions are scheduled… more

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

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Jaclyn Essinger

The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act - RICO Report Podcast

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this fourth… more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, RICO, Trade Secrets

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Geoffrey Etherington

Delaware Now Permits Exculpation of Corporate Officers

The Delaware General Corporation Law (§ 102(b)(7)) has been amended, effective August 1, 2022, to permit exculpation of corporate officers, but in a more limited way than the exculpation of directors that has long been… more

Breach of Duty, Corporate Officers, Delaware General Corporation Law, Fiduciary Duty

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Dale Evans Jr.

The End of the Road for Chevron

In a 6-3 decision issued June 28, 2024, the U.S. Supreme Court overruled Chevron USA, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which long stood for the proposition that courts are to defer to an… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Loper Bright Enterprises v Raimondo

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Hallie Evans

CFPB Constitutional Questions Persist

Issues of CFPB constitutionality and structural deficiencies remain after the 2020 U.S. Supreme Court decision in Seila Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183 (2020). In recent oral argument before the… more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Financial Services Industry

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Jason Evans

JAMS Issues New Mass Arbitration Procedures

On May 2, JAMS announced its new Mass Arbitration Procedures and Guidelines and Mass Arbitration Procedures Fee Schedule (together, the Procedures), with the express goal to “facilitate the fair, expeditious and efficient… more

Administrative Fines, American Arbitration Association, Arbitration, Arbitration Agreements, Arbitration Awards

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Rob Evans

Conviction in Insider Trading Case Brings New Attention to 10b5-1 Plans

On June 23, the U.S. Department of Justice announced that Terren Scott Peizer, founder of Ontrak Inc., a Miami-based publicly traded health care company, has been sentenced to three and one half years in prison by a California… more

10b5-1 Plans, Appeals, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ)

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Robert Evans III

Recent SEC Corp/Fin Interpretations of Interest

In new Compliance and Disclosure Interpretations (see CDIs 256.35 and 256.36) and a related no-action letter (Latham & Watkins LLP, March 12, 2025), the staff of the Securities and Exchange Commission’s Division of Corporation… more

Accredited Investors, Acquisitions, CDIs, Corporate Sales Transactions, Disclosure Requirements

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Mikaella Evaristo

New Federal Circuit Ruling Opens the ITC to Many More IP Owners

In a recent ruling, the U.S. Court of Appeals for the Federal Circuit upended years of settled law and ruled that sales and marketing expenses, by themselves, can be the basis for a finding of domestic industry in an… more

Administrative Law Judge (ALJ), Appeals, Enforcement Actions, Imports, Intellectual Property Protection

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Cot Eversole

SEC's New "Accredited Investor" and "QIB" Definitions May Expand Potential Private Fund Investor Pool

In light of recent amendments adopted by the U.S. Securities and Exchange Commission (the SEC), the pool of potential investors for private fund managers may be expanding… more

Accredited Investors, Financial Regulatory Reform, Investment Funds, Private Funds, Qualified Institutional Buyers

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Henry Fader

CARES Act Provider Relief Fund: July 2020 Update

Since April 2020, many health care providers have received payments from the CARES Act Provider Relief Fund (PRF) in the form of general or targeted distributions. Many providers have questions about receiving and using these… more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, HRSA

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Sean Fahey

State AGs Choose Products Liability Case as Battleground for State Sovereignty

A bipartisan coalition of 23 state attorney generals led by Virginia AG Jason Miyares recently went up in arms about a products liability ruling they believe will threaten state consumer protection laws. On May 30, the coalition… more

Life Sciences, Merck, Pharmaceutical Industry, Preemption, Prescription Drugs

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Salah Fahmy

Securities Industry Arbitrations and Litigation Update: FINRA Reaffirms Its Commitment to Enforcement Actions In Connection with the Protection Of Elderly Investor Customers

Mindful of the impending retirement of many millions of investors in the “baby boomer” generation, which hold a substantial amount of the world’s wealth, the Financial Industry Regulatory Authority (FINRA) continues to heavily… more

Arbitration, Consumer Financial Products, Elder Issues, Enforcement Actions, Exploitation

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John Falco

Investment Management Update - Q1 2025

Explore the latest legal developments and regulatory updates impacting funds, advisers, and industry participants, including SEC rule amendments, compliance extensions, and guidance on accredited investor verification… more

Financial Markets, Investment Adviser, Investment Funds, Investment Management, Regulatory Requirements

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Christine Fan

Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs and limits the contractor’s remedy to an extension of time for noncontractor-caused delays to… more

Acceleration, Claim Procedures, Construction Contracts, Construction Disputes, Construction Litigation

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Paul Davis Fancher

Key Considerations for the 2021 Reporting Season

As public companies prepare for the 2021 reporting season, they will need to consider new SEC disclosure requirements and guidance. In addition, public companies must evaluate the impact of the COVID-19 pandemic (COVID-19),… more

Coronavirus/COVID-19, Disclosure Requirements, Financial Statements, Form 10-K, GAAP

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Patrick Fanning

EPA Issues Long-Awaited Update to CWA Financial Capability Assessment

The COVID-19 pandemic has elevated fiscal concerns of water and sewer service providers, with many states imposing a moratorium on the collection of delinquent bills and the termination of service. The affordability of water and… more

Clean Water Act, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Infrastructure

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Timothy Farber

Private Credit Fund Investments: How New NAIC Rules Could Affect Insurance Companies

The National Association of Insurance Commissioners (NAIC) held its Summer National Meeting, at which it adopted new guidelines allowing state regulators or NAIC staff to override formerly automatic ratings on investments. This… more

Credit Funds, Credit Ratings, Debt Market, Investment, NAIC

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Andrea Farley

Four Principles Private Equity Investors and Strategic Acquirers Can Teach Each Other in a Slowing and Ever-Changing Deal Market

After an overheated 2020 and 2021, the U.S. economy is slowing down in the face of increasing uncertainty — and is taking the deal market with it. We expect 2022′s slowing deal market to stay that way into 2023. As importantly,… more

EBITDA, Investment, Investors, Private Equity

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Joseph Farside Jr.

Antitrust Division Declares Enterprise Wireless Merger Settlement a Victory

Shortly before the scheduled start of the trial, the U.S. Department of Justice, Antitrust Division (Division) reached a settlement with Hewlett Packard Enterprise (HPE) and Juniper Networks (Juniper), allowing their $14 billion… more

Acquisitions, Antitrust Division, Antitrust Litigation, Antitrust Violations, Competition

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Douglas Faucette

Brokered Deposits: FDIC Adds an ‎Additional Business Relationship to the Primary Purpose ‎‎Exception

Effective January 10, 2022, the Federal Deposit Insurance Corporation (“FDIC”) issued a final rule ‎‎(the “Primary Purpose Rule”) that adds a specific business relationship that qualifies under the ‎Primary Purpose Exception… more

Depository Institutions, FDIC, Federal Deposit Insurance Act, Final Rules

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Siran Faulders

State AG on the Move: Vermont Attorney General TJ Donovan

On June 10, Vermont Attorney General TJ Donovan announced his resignation as attorney general as of Monday, June 20 to become the director of public policy and U.S. state strategies for Roblox, an online gaming company. This… more

Resignation, State and Local Government, State Attorneys General

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Matthew Fay

FTC and CFPB Crack Down on Military Lending Act Violations

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) highlighted their efforts to aggressively enforce provisions of the Military Lending Act (MLA) in a recently issued press release and… more

Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Federal Trade Commission (FTC), Financial Services Industry, Military Lending Act

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Sean Feener

How Can a Consignor Perfect Consignment Rights Before a Bankruptcy Is Filed - Creditor’s Rights Toolkit

Consignments may be governed by either common law or Article 9 of the Uniform Commercial Code, the latter of which requires the consignor to comply with various procedures in order to perfect its security interest in the… more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Distressed Debt, Restructuring

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Todd Feinsmith

Checklist of Considerations: Transactions During the Pandemic and After

Who Needs to Know - Buyers and sellers. Why It Matters - In an economy bearing the effects of the COVID-19 pandemic, buyers and sellers continue to seek opportunities and address liquidity needs. We offer this… more

Business Interruption, Buyers, CARES Act, Coronavirus/COVID-19, Insurance Claims

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Bruce Fenton

Private Equity Roundtable Discussion with Hamilton Lane - Getting the Band Together: Club Deals & Co-Investment Fundraising Are on the Rise (Video C)

As the PE dealmaking environment heated up in the past decade, limited partners (LPs) have sought to gain even more exposure to the asset class. Simultaneously, general partners (GPs) at PE firms have begun to band together more… more

General Partnerships, Investors, Limited Partnerships, Private Equity, Private Equity Firms

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Laura Ferguson

IRS Issues Proposed Regulations on the Expanded Definition of "Covered Employee" Under Code Section 162(m)

On January 16, the Internal Revenue Service (IRS) published proposed regulations ( 90 FR 4691) under Section 162(m) of the Internal Revenue Code. Section 162(m) generally limits the deductibility of compensation paid in any tax… more

American Rescue Plan Act of 2021, Compensation & Benefits, Corporate Governance, Internal Revenue Code (IRC), IRS

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Dustin Ferzacca

'Obvious Over What?' LKQ's En Banc Petition Threatens to Turn Test for Design Patent Obviousness on its Head

Just like utility patents, design patents can be found obvious under 35 U.S.C. § 103 by combining prior art references. But the test for obviousness for design patents differs from the more familiar standards for utility… more

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

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Sean Fifield

The Madrid Protocol - August 2024

The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark… more

Intellectual Property Protection, International Trademark Protection, IP License, Madrid Protocol, Trademark Application

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Oscar Figueroa

CCPA Enforcement Area No. 1 - The Infamous "Do-Not-Sell" Button

Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has identified… more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection

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Lauren Morgan Fincher

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Brian Fineman

Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights

The energy sector is currently undergoing seismic change and with that change comes tremendous opportunity. Our energy video series, which features nationally recognized Troutman Pepper partners as they discuss a vast array of… more

Contract Terms, Energy Contracts, Energy Sector, Force Majeure Clause, Oil & Gas

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Anthony Finizio

Texas Appellate Court Affirms Grant of Governmental Immunity From Suit Seeking Delay Costs

Triple B Servs., LLP v. City of Conroe, No. 09-21-00096-CV, 2022 Tex. App. LEXIS 4824, 2022 WL 2720451 (Tex. App. July 14, 2022) - The Texas Court of Appeals recently affirmed a ruling, granting the city of Conroe… more

Breach of Contract, Construction Contracts, Construction Industry, Immunity

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Ralph Finizio

Preventing Limitation of Liability End-Runs

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and… more

Arbitration, Construction Contracts, Construction Disputes, Construction Industry, Construction Project

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Samuel Fishel

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Donna Fisher

New Cases Bring Lessons on Video Surveillance Preservation

Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance video… more

Adverse Inference Instructions, Destruction of Evidence, Discovery, Duty to Preserve, Electronically Stored Information

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Duke Fitch Ph.D.

New Developments in Obviousness-Type Double Patenting and Original Patent Requirements — Patents: Post-Grant Podcast

Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper Partners Andy… more

Double Patent, Intellectual Property Protection, Obviousness, Patent Applications, Patent Litigation

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Madison Fitzgerald

New Annual Report Requirement in Effect for Business Entities Registered in Pennsylvania

Starting January 2025, entities formed or registered to do business in Pennsylvania are required to file an annual report with the Department of State. Pennsylvania has repealed decennial reports and now requires most domestic… more

Annual Reports, Business Entities, Corporate Governance, Filing Deadlines, Filing Requirements

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Paige Fitzgerald

Oregon Bill Proposes to Replace Escrow Deposit System With “Equity Assessment” for Certain Tobacco Product Manufacturers

The Oregon Legislature’s 2023 regular session kicked off with a bang for the tobacco industry when House Bill 2128 (HB2128) was introduced at the request of Attorney General Ellen Rosenblum who also happens to the be… more

Escrow Accounts, Manufacturers, Tobacco, Tobacco Regulations

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Christopher Flanagan

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Loren Flath

Bankruptcy Court Recharacterizes Alleged Loan as Equity Under Delaware Law

When is a loan not a loan? The SDNY Bankruptcy Court in In Re: Live Primary, LLC held that a $6 million start-up loan was actually an equity contribution after analyzing the terms of the transaction and the intent of the… more

Bankruptcy Code, Bankruptcy Court, Corporate Counsel, Creditors, Debtors

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Andy Flavin

Charging Ahead: Legal, Regulatory, and Operational Considerations for EV Infrastructure Development

The rapid growth in electric vehicle (EV) sales in the United States has created an urgent demand for robust EV charging infrastructure. The demand for EV charging infrastructure is driven by the need to ensure the benefits of… more

Automotive Industry, Charging Stations, Clean Energy, Electric Vehicles, Energy Projects

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Simon Fleischmann

TransUnion v. Ramirez: Supreme Court Further Separates Concrete Harm Inquiry from Statutory Violations

In its 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the U.S. Supreme Court held that alleging a “bare procedural violation [of a statute], divorced from any concrete harm” was insufficient to satisfy the… more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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Susan Flint

Wire Fraud Scams: What You Need to Know - The Consumer Finance Podcast

Please join Consumer Financial Services Partner Chris Willis and his colleagues and fellow Partners Mary Zinsner and Susan Flint as they discuss the current landscape of wire fraud scams in the financial services industry… more

Business E-Mail Compromise (BEC), Creditors, Cyber Crimes, Cybersecurity, Email

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Daisy Flores

SEC Proposes Rule Amendments for Beneficial Ownership Reporting

On February 10, the Securities and Exchange Commission (SEC) proposed rule amendments to modernize beneficial ownership reporting under Sections 13(d) and 13(g) of the Exchange Act. Under the current rules, beneficial owners of… more

Beneficial Owner, Proposed Rules, Schedule 13D, Securities and Exchange Commission (SEC), Securities Exchange Act

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Jonathan Floyd

2024 in Review: Major Debt Collection Trends and 2025 Outlook — The Consumer Finance Podcast

In this final episode of our Year in Review series, Chris Willis is joined by colleagues David Anthony, Stefanie Jackman, and Jonathan Floyd to discuss the year in review and look ahead for debt collection. They provide crucial… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Debt Collection, Financial Regulatory Reform, Financial Services Industry

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Amy Foerster

Third Circuit Applies Expansive Definition of 'Fair and Equitable' to Campus Sexual Misconduct Proceedings

In a precedential decision issued on May 29, the U.S. Court of Appeals for the Third Circuit reversed the lower court’s dismissal of a complaint filed against a private university alleging discrimination under Title IX and… more

Breach of Contract, Cross Examination, Dear Colleague Letter, Disciplinary Proceedings, Educational Institutions

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William Foley Jr.

Proposed New York FAIR Business Practices Act Aims to Expand Consumer Protections Against Unfair, Deceptive, or Abusive Practices

On March 13, New York State introduced proposed legislation titled the Fostering Affordability and Integrity Through Reasonable Business Practices Act (FAIR Act). The proposed legislation seeks to broaden the scope of consumer… more

Abusive Acts, Affirmative Defenses, Article III, Debt Collection, Financial Services Industry

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Richard Foltz Jr.

Electronically Stored Information Discovery in Arbitration

Two years ago in this space, I wrote a piece on Combatting Arbitration Inefficiency, calling for the development of a culture of efficiency in arbitration as a shared value in the construction bar. Originally published on… more

Arbitration, Construction Disputes, Discovery, Electronically Stored Information

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Chris Fontenelli

Who Can Possibly Keep up ‎With All the ‎New Employment ‎Laws in New York?

Back in May 2022, we wrote about a surge of new employment laws and amendments to existing employment statutes in New York State and New York City. Since then, New York State and New York City have continued to enact a wave of… more

Corporate Counsel, Disclosure Requirements, Employer Liability Issues, New York, Pay Transparency

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Suzanne Forbis Mack

FDA Proposes Modified “Intended Use” Regulations

In its latest effort to provide direction and clarity to regulated industry and stakeholders, on September 23, the U.S. Food and Drug Administration (FDA) published a proposed rule and preamble amending its medical product… more

Federal Food Drug and Cosmetic Act (FFDCA), First Amendment, Food and Drug Administration (FDA), Health Care Providers, Intended Use

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John Ford

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Seth Ford

Supreme Court Strikes Down Sixth Circuit Rule Heightening Discrimination Standard for Members of Majority Groups

A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio… more

Ames v Ohio Department of Youth Services, Appeals, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employees

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Christopher Forstner

Discontinuation of AFCP 2.0: Strategic Adjustments for Patent Applicants

The U.S. Patent and Trademark Office (USPTO) has announced the discontinuation of the After Final Consideration Pilot 2.0 (AFCP 2.0) program, effective December 15, 2024. This change necessitates a strategic shift for patent… more

Federal Pilot Programs, Intellectual Property Protection, Patent Applications, Patent Examinations, Patent Prosecution

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Megan Foscaldi

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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David Foster

The Texas Business Court’s First Thirty Days

The Texas Business Court opened September 1, 2024. In the months before the specialized trial court opened, Governor Abbott appointed ten judges to hear cases in five of Texas’ eleven Judicial Administrative Regions, serving 80… more

Business Court, Business Disputes, Business Litigation, Commercial Litigation, Jurisdiction

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David Fournier

How Can a Consignor Perfect Consignment Rights Before a Bankruptcy Is Filed - Creditor’s Rights Toolkit

Consignments may be governed by either common law or Article 9 of the Uniform Commercial Code, the latter of which requires the consignor to comply with various procedures in order to perfect its security interest in the… more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Distressed Debt, Restructuring

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Stephen Fox

2025 SCOPE Conference Emphasizes AI and Better Technologies to Improve Patient Outcomes

The 2025 SCOPE Conference (Summit for Clinical Ops Executives), held last week in Orlando, FL, brought together more than 4,500 industry leaders, innovators, and experts in the clinical operations field… more

Artificial Intelligence, Data Management, Data Privacy, Data Security, Health Information Technologies

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Todd Fracassi

PFAS Regulatory Landscape Update — The Message? Stay Tuned.

The Environmental Protection Agency (EPA) has announced several actions in recent weeks that shed light on the Trump administration’s approach to PFAS regulation… more

Environmental Policies, Environmental Protection Agency (EPA), Manufacturers, New Legislation, PFAS

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Jacob Franchek

CFPB Relaxes Underwriting Requirement for Small Dollar Lending

The Consumer Financial Protection Bureau (CFPB) issued a final rule on July 7, 2020 rescinding the mandatory ability to repay underwriting provisions on small dollar loans that it had previously announced under 12 C.F.R. § 1041… more

Ability-to-Repay, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Small Dollar Lenders

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Richard Franchek

Supreme Court Limits the Scope of ‎‎“Waters of the ‎U.S.”‎: What Developers Need to Know‎

The definition of the term “waters of the United States” (“WOTUS”) in the Clean Water Act (“CWA”), and the resulting scope of the jurisdiction of the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers… more

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

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Michael Frankel

Microsoft 365 eDiscovery Updates: Legal and Technical Developments

eMerge attorneys and technologists recently presented a two-part webinar series on the legal and technical considerations for corporations using Microsoft 365 to satisfy their eDiscovery obligations… more

Client Services, Data Management, Discovery, e-Discovery, Electronically Stored Information

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Donald Frechette

The ILS Market and its Future in the wake of the 2017 Hurricane Havoc

Not since Katrina in 2005 have the mainland United States and U.S. Territory islands been witness to a Category 5 storm that resulted in widespread and costly devastation. Now, first Harvey, then Irma and Maria. What does this… more

Hurricane Harvey, Hurricane Irma, Insurance Industry, Natural Disasters, Severe Weather

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Mark Freel

Legalized Marijuana in Rhode Island ‎Presents New Challenges ‎for Employers

On Tuesday, May 24, the Rhode Island General Assembly passed legislation legalizing the ‎recreational use of marijuana. The bill will become law upon the signature of Governor Dan McKee, ‎which is expected. Recreational cannabis… more

Corporate Counsel, Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Marijuana

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Jeremy Frey

Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On… more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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Robert Friedel

SEC Broadens Guidance on Accredited Investor Verification

The Securities and Exchange Commission (SEC) has issued a no-action letter providing new interpretive guidance on the verification of accredited investor status in offerings conducted under Rule 506(c) of Regulation D, which may… more

Accredited Investors, Capital Markets, Capital Raising, Investment Funds, JOBS Act

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Clayton Friedman

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Michael H. Friedman

New Disclosure Requirements for Public REITs' Share Repurchases

On May 3, the Securities and Exchange Commission (SEC) adopted final amendments that call for certain quantitative and qualitative disclosure requirements with respect to repurchases of an issuer’s equity securities that are… more

10b5-1 Plans, Disclosure Requirements, New Amendments, Publicly-Traded Companies, Regulatory Reform

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Joseph Froehlich

FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review

The legal and constitutional implications of New York’s Foreclosure Abuse Prevention Act (FAPA) are back in the spotlight as the U.S. Court of Appeals for the Second Circuit again turns to the New York Court of Appeals for… more

Appeals, Borrowers, Constitutional Challenges, CPLR, Financial Abuse

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Nicole Fry

Brexit: CHECKLIST

Following the UK Brexit referendum businesses will now find themselves assessing their future. Below is a checklist designed to raise some important questions that should be considered in order to assess potential risks and… more

Cross-Border, Data Protection, EU, European Economic Area (EEA), European Union Trade Mark (EUTM)

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Ronni Fuchs

Updated FDA Draft Guidance Instructs Sponsors on Content, Format, Timing, and Procedures for Submitting Diversity Action Plans for Clinical Studies

Back in 2022, we wrote about U.S. Food and Drug Administration’s (FDA) draft guidance, “Diversity Plans to Improve Enrollment of Participants from Underrepresented Racial and Ethnic Populations in Clinical Trials.” On June 24,… more

Draft Guidance, Food and Drug Administration (FDA), Life Sciences, Pharmaceutical Industry, Prescription Drugs

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Chad Fuller

Litigation Heats Up Over Air Ambulance Billing Practices Under the No Surprises Act

There has been a flurry of recent activity in a case originally filed by six air ambulance companies claiming $20 million in unpaid emergency services invoices… more

Aetna, Airline Deregulation Act, Ambulance Providers, Aviation Industry, Contract Disputes

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Asher Funk

State of the Law: Contours of State False Claims Acts and How to Stay Out of Harm’s Way - Regulatory Oversight Podcast

In this episode of Regulatory Oversight, Stephen Piepgrass welcomes Regulatory Investigations, Strategy + Enforcement Partner Amy Williams and Health Sciences Partner Asher Funk to discuss the similarities and differences… more

Compliance, Enforcement, Enforcement Actions, False Claims Act (FCA), Government Agencies

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Mark Furletti

Federal Agencies Issue Order Granting Exemption for Financial Institutions on TIN Collection

The Office of the Comptroller of the Currency (OCC), alongside the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA) (collectively, the agencies), with concurrence from the… more

Anti-Money Laundering, Bank Secrecy Act, Consumer Financial Products, Customer Identification Program (CIP), Exemptions

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Matthew Furton

Illinois Adopts Substantial Workers' Compensation Reform to Address COVID-19

Through a virtually unanimous vote in the General Assembly, Illinois adopted substantial changes in its Workers’ Compensation and Occupational Diseases statutes to address the COVID-19 pandemic. Recognizing that many workers… more

Coronavirus/COVID-19, General Assembly, State Labor Laws, Workers Compensation Reform

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Michael Gaertner

Know the Rules! FDA’s New Regulations Change Responsibilities For ANDA Filers

On October 6, 2016, nearly thirteen years after passage of the Medicare Modernization Act (MMA), FDA published a final rule in the Federal Register implementing amendments and revisions to title 21 of the Code of Federal… more

Abbreviated New Drug Application (ANDA), Food and Drug Administration (FDA), Hatch-Waxman, Pharmaceutical Industry, Pharmaceutical Patents

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Brendan Gaffney

Recent DOJ Intervention Highlights FCA Use Against Customs Fraud

With the Trump administration’s new tariffs, some companies may be looking for ways to compensate for increased costs of imports. Companies operating in the international supply chain must be aware that any attempts to… more

China, Customs and Border Protection, Department of Justice (DOJ), Enforcement Actions, Enforcement Guidance

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W. Roderick Gagné

Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On… more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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David Gair

In Innocent Spouse Tax Cases, How You Tell Your Story Matters

Married people who file their taxes jointly typically choose this option because of its tax advantages. But when a spouse commits a misdeed, you’re still jointly and severally responsible for the payment of taxes. Originally… more

Divorce, Innocent Spouse Exception, IRS, Tax Court, Tax Liability

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Robert Gallagher

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way… more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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Thomas Gallagher

Protecting Your Company From Increased Scrutiny After Release of ARCOS Opioid Data

In July, The Washington Post published data showing approximately 76 billion oxycodone and hydrocodone pills were purchased and sold in the Unites States from 2006 to 2012. The data came from the Automation of Reports and… more

Attorney-Client Privilege, Controlled Substances, Criminal Investigations, Data Management, DEA

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Nicholas Gallo

Understanding the Impact of IPR Estoppel and PTAB Discretionary Denials — Patents: Post-Grant Podcast

In this episode of the Post-Grant Podcast, Andy Zappia, Nick Gallo, and Bryan Smith explore the evolving landscape of estoppel in inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal… more

Appeals, CAFC, Estoppel, Inter Partes Review (IPR) Proceeding, New Guidance

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Tuhin Ganguly

The 100-Day Program at the ITC

In light of Audio Processing Hardware, it is now clear that, with respect to appeals of ITC 100-day program determinations, Commission determinations against a complainant are immediately appealable, while determinations in… more

28 U.S.C. § 1295(a)(6), Administrative Law Judge (ALJ), Article III, Federal Pilot Programs, International Trade Commission (ITC)

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April Garbuz

More Privacy, Please - August/September 2023

Editor’s Note: As the summer months come to an end, there has been no shortage of privacy news and updates. Oregon signed both a comprehensive privacy law and data broker law, and the SEC adopted new rules regarding the… more

Biometric Information, Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy

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Christopher Garcia

Elad v. NCAA – Testing the Legality of the NCAA’s JUCO Waiver Limits

Rutgers University football player Jett Elad is one of the latest student-athletes to file a federal antitrust lawsuit against the National Collegiate Athletic Association (NCAA) in the U.S. District Court for the District of… more

Antitrust Litigation, Antitrust Violations, Breach of Contract, College Athletes, Eligibility

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Geoffrey Garrett

Modeling the Market: The National Venture Capital Association Revises its Model Documents

The National Venture Capital Association (NVCA) published on July 28, 2020 an updated suite of model venture capital financing documents that reflect the current events shaping the investment climate, and for the first time,… more

CFIUS, Critical Infrastructure Sectors, Emerging Growth Companies, FIRRMA, Foreign Investment

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Genna Garver

Senate Banking Committee Unveils Principles for Digital Asset Market Structure Legislation

On June 24, Senate Banking Chairman Tim Scott (R-SC), Subcommittee on Digital Assets Chair Cynthia Lummis (R-WY), Senator Thom Tillis (R-NC), and Senator Bill Hagerty (R-TN) released a set of guiding principles for the… more

Cryptocurrency, Digital Assets, Financial Institutions, Financial Markets, Financial Regulatory Reform

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Abel Garza

Cracking the SAFE: Opening the Banking Industry to Cannabis

On March 26, the U.S. House Committee on Financial Services is scheduled to mark up the Secure and Fair Enforcement (SAFE) Banking Act of 2019. This Act aims to allow banks and financial institutions to engage in business… more

Bank Secrecy Act, Banks, Decriminalization of Marijuana, Forfeiture Statutes, Legislative Agendas

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Gabrielle Gaudet

SEC Division of Examinations Announces 2021 Examination Priorities

On March 3, the U.S. Securities and Exchange Commission’s (SEC) Division of Examinations (Division), formerly known as the Office of Compliance Inspections and Examinations, announced its examination priorities for fiscal year… more

Broker-Dealer, Investment Adviser, OCIE, Retail Investors, SEC Examination Priorities

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John Gazzola

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of… more

Affirmative Action, Constitutional Challenges, Construction Project, Criminal Conspiracy, Criminal Convictions

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James Geiser

John Coates Calls for SPAC Myth-Busting

In a recent interview with Law360 , Harvard Law Professor and former U.S. Securities and Exchange Commission official John Coates expressed the need for regulators to be more aggressive in disputing myths perpetuated by the… more

Initial Public Offering (IPO), Publicly-Traded Companies, Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Lauren Geiser

Facial Recognition and Legal Boundaries: The Clearview AI Case Study — Regulatory Oversight Podcast

In this episode of the Regulatory Oversight podcast, Stephen Piepgrass welcomes David Navetta, Lauren Geiser, and Dan Waltz to discuss the $51.75 million nationwide class settlement involving Clearview AI and its broader… more

Biometric Information Privacy Act, Clearview AI, Consumer Privacy Rights, Data Privacy, Enforcement Actions

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Brett Gelbord

FDA Remains Vigilant Against CBD-Related Health Claims

Why It Matters - In March 2021, the FDA issued four warning letters to CBD companies around the country. The administration takes a strong stance on product labelling and marketing efforts containing health claims about CBD… more

Cannabidiol (CBD) oil, Cannabis Products, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health Claims

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Joshua Gelfand

ESG Investing in 401(k) Plans – More Rule Changes on the Way

In our recent client alert, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” we reported that a Texas district court recently upheld Biden-administration Department… more

401k, Biden Administration, Compensation & Benefits, Department of Labor (DOL), Employee Benefits

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Gabrielle Gelozin

USPTO Fee Changes Taking Effect January 19, 2025‎

On November 20, 2024, the USPTO published its Final Rule regarding fee changes to take effect on January 19, 2025 in the Federal Register… more

Design Patent, Fees, Intellectual Property Protection, Patent Applications, Patents

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Christopher Gelpi

AB 2257: A Significant Expansion of California Independent Contractor Laws

Q: What are the details of Assembly Bill (AB) 2257 and how does it change the way I utilize independent contractors?… more

ABC Test, Employee Definition, Employer Liability Issues, Exemptions, Gig Economy

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Amanda Genovese

AAA Issues Amended Commercial Arbitration Rules

Effective September 1, the American Arbitration Association (AAA) has finally updated its Commercial Rules and Mediation Procedures, concluding a two-year internal review. The amendments provide greater procedural discretion to… more

American Arbitration Association, Arbitration, Arbitration Agreements, Commercial Arbitration

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Richard Gerakitis

U.S. Supreme Court Issues Rulings in Challenge to OSHA Vaccine and Testing ETS and CMS Interim Final Rule

Q: Did the U.S. Supreme Court issue a ruling in the challenge to OSHA’s vaccine and testing emergency temporary standard (ETS) and CMS interim final rule (IFR)?… more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Morgan Gerard

Extreme Makeover – NEPA Edition: Permitting Agencies Strip Their Environmental Review Regulations Down To The Studs

In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National… more

Department of Defense (DOD), Department of Energy (DOE), Department of the Interior, Department of Transportation (DOT), Deregulation

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Kim Gershen

Fourth Circuit Clarifies What Constitutes a QWR Under RESPA

On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that “where a… more

Borrowers, Mortgage Servicers, Mortgages, Qualified Written Requests, RESPA

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Taylor Gess

Eighth Circuit Vacates FTC’s Negative Option Rule for Procedural Violations

On July 8, a panel for the U.S. Court of Appeals for the Eighth Circuit issued a significant decision in the case of Custom Communications, Inc. v. Federal Trade Commission (FTC). The panel vacated the FTC’s amended Negative… more

Administrative Procedure Act, Appeals, Enforcement Actions, Federal Trade Commission (FTC), Negative Option Rule

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Max Gessman

Making Compliance Your New Year's Resolution

As we begin a new year, it is the perfect time for companies subject to any government agreement to renew their focus on compliance. These binding resolutions require ongoing diligence to avoid civil and potentially criminal… more

Anti-Corruption, Compliance, Compliance Management Systems, Corporate Governance, Corporate Misconduct

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David Gettings

Regulatory Rollback: Inside the CFPB’s FCRA Guidance Withdrawal — The Consumer Finance Podcast

In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB) guidance… more

Artificial Intelligence, Background Checks, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Consumer Reporting Agencies

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David Ghegan

Notable Requirements Under FinCEN's Final Rule Implementing the Corporate Transparency Act Reporting Framework

The Financial Crimes Enforcement Network (FinCEN) has published a final rule, implementing Section 6403 of the Corporate Transparency Act (CTA), with sweeping beneficial owner and company applicant reporting requirements that… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Final Rules, FinCEN

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Lauren Giambalvo

A Study on the Representation of Women at the International Trade Commission

The International Trade Commission (ITC) is a popular venue for pursuing claims of patent infringement. Its fast procedural schedules and stringent remedies, including blocking infringing products at the United States border,… more

Intellectual Property Protection, International Trade Commission (ITC), Patent Infringement, Patents

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Matthew Giannascoli

COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis… more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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Evan Gibbs

Water Cooler Talk: Immigration Insights From ‘The Proposal’

This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on the immigration challenges highlighted in the romantic comedy “The Proposal”… more

E-1, E-2, Employer Liability Issues, Foreign Workers, Form I-9

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Nicole Giffin

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Bonnie Gill

EO 14265: Navigating Defense Procurement Reforms

In keeping with President Donald Trump’s affinity for issuing executive orders (EO) — 139 in total, Nos. 14147–14285, between Jan. 20, 2025, and April 24, 2025 — he recently issued EO 14265, “Modernizing Defense Acquisitions and… more

Acquisition Agreements, Defense Contracts, Department of Defense (DOD), Deregulation, Executive Orders

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Jon Gillum

Texas Department of Insurance Adopts New Group Capital Calculation Rule

The Texas Department of Insurance (“TDI”) adopted a new group capital calculation filing requirement that is effective on November 7, 2022. The new rule, found in 28 Texas Administrative Code §7.215 (“Section 7.215”), is… more

Department of Insurance, Filing Requirements, Insurance Industry, NAIC

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Jonathan Gilman

Pennsylvania Supreme Court Voids No-Hire Provision in Service Contract Between Two Employers

Q: I heard that companies entering into commercial contracts in Pennsylvania can no longer restrict each other from hiring their employees. Is that true?… more

Employer Liability Issues, Hiring & Firing, No-Hire/No-Solicitation Agreements, No-Poaching, PA Supreme Court

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Amy Ginensky

Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body camera… more

Body Worn Cameras, Law Enforcement, Pending Legislation, Police, Police Brutality

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Alicia Ginsberg

Federal Circuit Clarifies Scope of IPR Estoppel

Parties filing inter partes review (IPR) petitions should be aware of the estoppel implications on subsequent or parallel proceedings, including litigation pending in U.S. federal district courts. The U.S. Court of Appeals for… more

America Invents Act, CAFC, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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Charles Glover

New York City Enacts Biometrics Law for Food and Drink Establishments, Entertainment Venues, and Retail Stores

New York City’s Biometric Identifier Information Law goes into effect July 9. The law applies to food and drink establishments, places of entertainment, and retail stores in New York City that collect, retain, convert, store, or… more

Biometric Information, Data Collection, Data Privacy, Facial Recognition Technology, Fingerprints

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Richard Glovsky

Massachusetts Enacts New Pay Transparency Legislation

On July 31, 2024, Governor Maura Healy signed into law H.4890, creating pay transparency and data reporting requirements for qualified Massachusetts employers. With this move, Massachusetts joins a growing line of states,… more

Employer Liability Issues, Pay Transparency, Posting Requirements, State Labor Laws, Wage and Hour

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Liz Glusman

California’s AB 550: A Blueprint for Balancing Development and Species Conservation

California’s drive toward a net-zero carbon economy by 2045 is sparking innovative solutions to harmonize environmental conservation with infrastructure development. Assembly Bill (AB) 550, sponsored by Assembly Member… more

Biodiversity, California, California Endangered Species Act, Clean Energy, Conservation

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Kavida Gobalasingham

FDA Proposes Modified “Intended Use” Regulations

In its latest effort to provide direction and clarity to regulated industry and stakeholders, on September 23, the U.S. Food and Drug Administration (FDA) published a proposed rule and preamble amending its medical product… more

Federal Food Drug and Cosmetic Act (FFDCA), First Amendment, Food and Drug Administration (FDA), Health Care Providers, Intended Use

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Justin Golart

No Standing for Injunctive Relief: Eleventh Circuit Vacates Brain Performance Supplement Class Action Settlement

On April 12, the Eleventh Circuit Court of Appeals vacated an $8 million class-action settlement for lack of standing. While the issue was not raised by the district court or either party on appeal, the court ruled that the… more

Class Action, Injunctive Relief, Standing, Vacated

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Howard Goldberg

Checklist of Considerations: Transactions During the Pandemic and After

Who Needs to Know - Buyers and sellers. Why It Matters - In an economy bearing the effects of the COVID-19 pandemic, buyers and sellers continue to seek opportunities and address liquidity needs. We offer this… more

Business Interruption, Buyers, CARES Act, Coronavirus/COVID-19, Insurance Claims

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Sydney Goldberg

Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders

On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the products),… more

Administrative Procedure Act, Appeals, E-Cigarettes, Food and Drug Administration (FDA), Food and Drug Administration v RJ Reynolds Vapor Co

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David Golden

Use It or (You Might) Lose It – Gifting in 2020

The federal estate, gift, and generation-skipping transfer (GST) tax exemptions are all at the historically high level of $11,580,000 per person ($23,160,000 for a married couple). Under current law, the exemptions are scheduled… more

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

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Charlene Goldfield

Pause on Higher Reciprocal Tariff Rates Extended to August 1

On July 7, 2025, President Trump signed an executive order (the Order) once again extending the temporary suspension of reciprocal tariffs that were originally set forth in his April 2 “Liberation Day” Executive Order 14257 and… more

Executive Orders, Foreign Policy, Foreign Trade Regulations, Imports, Retaliatory Tariffs

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Jeffrey Goldman

California Appeals Court Determines ADA Not Applicable to E-Commerce Websites Lacking a Brick-and-Mortar Store

The California Court of Appeals Second Appellate District recently affirmed a trial court’s dismissal of a complaint filed by a visually impaired plaintiff, alleging that a cleaning product company’s retail website was… more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, E-Commerce, Public Accommodation, Website Accessibility

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Joseph Goldman

SEC Charges Broker-Dealer and Two Affiliated Investment Advisers With Violating Whistleblower Protection Rule

On September 4, the Securities and Exchange Commission (SEC) issued an order against three investment adviser firms for violating the whistleblower protections of Rule 21F-17(a) under the Securities Exchange Act of 1934. This… more

Broker-Dealer, Cease and Desist Orders, Enforcement Actions, Financial Services Industry, Investment Adviser

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Michael Goldman

Reexamination in IPR and PGR Practice – Patents: Post-Grant Podcast

Please join Troutman Pepper's Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In the final installment of this… more

Inter Partes Reexamination, Inter Partes Review (IPR) Proceeding, Patents, Post-Grant Review

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Mark Goldsmith

The One Big Beautiful Bill: Initial Analysis of Key Provisions for the Real Estate Industry

On May 22, 2025, the House of Representatives passed H.R. 1, the budget reconciliation bill known as the One Big Beautiful Bill Act (the Tax Bill). The Tax Bill proposes amendments to the Internal Revenue Code (the Code) that… more

Federal Budget, Internal Revenue Code (IRC), Investment Funds, IRS, Proposed Amendments

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Grace Goodheart

A Look at Three Noncompete Bans Under Consideration in NYC

Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,… more

City of New York, Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Matthew Goodin

Supreme Court Reinvigorates Forum ‎Shopping in Mallory v. Norfolk Southern Railway Co.‎

On June 27, 2023, the Supreme Court in Mallory v. Norfolk Southern Railway Co., 600 U.S. ___ (2023) substantially broadened (at least temporarily) the bases for general personal jurisdiction over out-of-state corporations in… more

Constitutional Challenges, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Personal Jurisdiction, SCOTUS

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Rakesh Gopalan

SEC Expands Confidential Filing Options for Companies Submitting Draft Registration Statements

On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced that it has expanded its confidential filing process for certain draft registration statements submitted for nonpublic… more

Capital Markets, Disclosure Requirements, Emerging Growth Companies, Filing Requirements, Initial Public Offering (IPO)

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Daniel Gordon

Ninth Circuit Deviates From Third Circuit: Declines Removal Jurisdiction Based on PREP Act Even With Presence of Willful Misconduct Claims

Who Needs to Know - Skilled nursing facility and nursing home operators… more

Coronavirus/COVID-19, Health Care Providers, Nursing Homes, Public Readiness and Emergency Preparedness Act (PREP Act), Skilled Nursing Facility

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Daniel Gorman

IEEPA Tariffs to Remain Temporarily Despite Adverse Ruling; Aluminum and Steel Tariff Rate Increased

On May 28, the U.S. Court of International Trade ruled that the tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA) were unlawful. In the case of V.O.S. v. United States, the court… more

Aluminum Sales, Appeals, Constitutional Challenges, Critical Infrastructure Sectors, International Emergency Economic Powers Act (IEEPA)

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Nick Gouverneur

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Ryan Graham

Navigating the Solar Industry's Path Through Tariffs and Growth

In 2024, the solar energy generation industry experienced its largest-ever annual rise globally, fueled by China’s 44% solar output boost from January to November 2024… more

Anti-Dumping Duty, Biden Administration, China, Clean Energy, Countervailing Duties

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Karen Grande

Need for Enhanced Cybersecurity in Public Finance — Cyberthieves Steal Bond Proceeds

Recent events highlight the need for enhanced cybersecurity protocols in government offices across the U.S. In late November 2024, the Township of White Lake in Michigan, intended to issue approximately $29 million in general… more

Bonds, Cyber Crimes, Cybersecurity, Data Breach, Email

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David Grant

Regis - Landlords Lose the Fight to Force CVA Nominees to Return Their Fees

In a judgment handed down earlier today in Regis UK Limited, Mr Justice Zacaroli ruled against landlords seeking repayment of fees against the nominees of a CVA for hair salon and beauty business operator, Regis UK… more

Creditors, Insolvency, Landlords, UK Insolvency Act

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M. Duncan Grant

Big News from the Supreme Court in the Madden v. Midland Funding Case

While far from certain, this development shows that the Supreme Court is interested in the case and will likely give weight to the Solicitor General’s recommendation as to whether the Second Circuit’s ruling should be reviewed… more

Consumer Lenders, Financial Services Industry, Madden v Midland Funding, Online Marketplace Lending, SCOTUS

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Erica Graves

What’s in a Patty: Does a Veggie Burger by Any Other Name Taste as Good?

Imitation meat has become ambitious. In contrast to past meat alternatives such as tofu or seitan, new meat substitutes are advertised as almost indistinguishable from the real thing. Advertising also focuses on current… more

Advertising, First Amendment, Food and Drug Administration (FDA), Food Labeling, Food Marketing

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Douglas Gray

Embattled Biotechs Facing Uncertainty at the FDA Look to Collaborative Deal Structures

Biotechs have faced several challenging years with slumping valuations and a competitive funding environment. However, the latest slew of retirements and layoffs at the FDA could present their greatest challenge yet… more

Biotechnology, Competition, Drug Design, FDA Approval, Food and Drug Administration (FDA)

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Thomas Gray

The One Big Beautiful Bill: Initial Analysis of Key Provisions for Investment Funds and Sponsors

On May 22, 2025, the House of Representatives passed H.R. 1, the budget reconciliation bill known as the One Big Beautiful Bill Act (the Tax Bill). The Tax Bill proposes amendments to the Internal Revenue Code (the Code) that… more

Federal Budget, Fund Managers, Income Taxes, Internal Revenue Code (IRC), Investment Funds

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Gil Greber

Revisions to Chapter 517, F.S., the Florida Securities and Investor Protection Act

Overview On May 10, 2024, the Florida Governor approved Senate Bill 532 (“SB 532”), which passed the Florida House and Senate by nearly unanimous vote (1 vote against in the Senate). SB 532 substantially revises Chapter 517,… more

Crowdfunding, Exempt Transactions, Florida, Investors

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Matthew Greenberg

Delaware Court of Chancery Allows Amendment of LLC Agreement to Permit Disparate Consideration Where Amendment Provisions Were Followed

In Faiz Khan and Ralph Finger v. Warburg Pincus, LLC et al., the Delaware Court of Chancery held that the implied covenant of good faith and fair dealing was not applicable to a private equity sponsor’s amendment of a limited… more

Acquisition Agreements, Business Litigation, Contract Disputes, Contract Terms, Corporate Sales Transactions

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Anthony Greene

OCC Proposes Updated Real Estate Standards for Bank Premises

On January 4, the Office of the Comptroller of the Currency (OCC) issued a proposed rule (Proposal) that would amend the requirements applicable to ownership of real property by national banks and federal savings associations… more

Banking Sector, Banks, OCC, Real Estate Market

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Alyssa Falk Gregory

Practical Considerations for Commercial Litigation during the COVID-19 Era

As the COVID-19 pandemic continues to keep most of the country in an unprecedented state of shutdown, including most of the nation’s court systems, this Quick Study analyzes practical issues businesses should consider for… more

Coronavirus/COVID-19, Court Closures, Court Schedules, Infectious Diseases

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David Gregory

DOL Expected to Raise the Salary Basis Threshold

The United States Department of Labor (“DOL”) is expected to propose a new salary threshold for various overtime exemptions under the Fair Labor Standards Act (“FLSA”). The new proposal is likely to be issued in the near future… more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary, Over-Time, Wage and Hour

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DeJuawn Griffin

Investment Management Update - Q1 2025

Explore the latest legal developments and regulatory updates impacting funds, advisers, and industry participants, including SEC rule amendments, compliance extensions, and guidance on accredited investor verification… more

Financial Markets, Investment Adviser, Investment Funds, Investment Management, Regulatory Requirements

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Frank Griffin IV

SCOTUS Invalidates CA Law Preventing Arbitration of Individual PAGA Claims When a Valid Arbitration Agreement Exists

In its 12th case regarding arbitration in the last five years, the Roberts court fascination with the dispute resolution method continues. In the second of two decisions regarding arbitration this week, the Court reestablished… more

Arbitration, Arbitration Agreements, Class Action, Employment Litigation, Federal Arbitration Act

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Melanie Griffith

FTC Issues 2023 Staff Report on Actions Related to Credit, Leases, and Electronic Fund Transfers

On May 28, the Federal Trade Commission (FTC) released its annual report to the Consumer Financial Protection Bureau (CFPB) detailing enforcement and educational activities undertaken in 2023. The report pertains to actions… more

Annual Reports, Automotive Loans, CARS Rule, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Ted Gropman

California Appeals Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts

On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America, effectively narrowing the scope of enforceable “pay-when-paid” provisions in construction… more

Construction Contracts, Construction Litigation, Construction Project, Contract Disputes, Contract Terms

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Kathleen Grossman

Less Is More When It Comes to Employee Monitoring

With the increase in remote work, employers’ concerns over the security of proprietary company information and employee productivity have increased their reliance on technologies to manage and monitor employees… more

Employee Monitoring, Employee Privacy Rights, Employee Rights, Employee Tracking, Employer Liability Issues

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Alison Grounds

Microsoft 365 eDiscovery Updates‎

eMerge recently hosted a webinar exploring the latest changes to Microsoft 365 Purview's eDiscovery solution. Our panel of attorneys and technologists examined the nature of these updates and discussed the preparatory steps… more

Client Services, Data Management, Data Preservation, Discovery, Document Review

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Barbara Grugan

Investment Management Update - Q1 2025

Explore the latest legal developments and regulatory updates impacting funds, advisers, and industry participants, including SEC rule amendments, compliance extensions, and guidance on accredited investor verification… more

Financial Markets, Investment Adviser, Investment Funds, Investment Management, Regulatory Requirements

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Scott Grundei

The One Big Beautiful Bill: Initial Analysis of Key Provisions for Investment Funds and Sponsors

On May 22, 2025, the House of Representatives passed H.R. 1, the budget reconciliation bill known as the One Big Beautiful Bill Act (the Tax Bill). The Tax Bill proposes amendments to the Internal Revenue Code (the Code) that… more

Federal Budget, Fund Managers, Income Taxes, Internal Revenue Code (IRC), Investment Funds

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Joseph Guagliardo

SEC Responds to Warren's Letter on Authority to Regulate Crypto

On August 5, Securities and Exchange Commission (SEC) Chair Gary Gensler responded to Senator Elizabeth Warren's July 7 letter regarding the SEC's authority to regulate cryptocurrencies, as discussed in our client advisory here… more

Cryptocurrency, Investors, Securities and Exchange Commission (SEC)

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Martha Guarnieri

D.C. Circuit Upholds Short Term Plans as Alternative to ACA Plans

On July 17, 2020, a panel majority of the D.C. Circuit Court of Appeals upheld a rule issued by the Department of Treasury, the Department of Labor, and the Department of Health and Human Services (collectively, the… more

Affordable Care Act, Chevron Deference, COBRA, Department of Health and Human Services (HHS), Department of Labor (DOL)

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Mitchell Guc

California Selects Several PFAS Substances for Scientific Review and Possible Prop 65 Listing

On March 26, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) gave notice of its selection of several per- and polyfluoroalkyl substances (PFAS) for review and possible… more

Drinking Water, OEHHA, PFAS, Proposition 65, Toxic Chemicals

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Elizabeth Guffy

[Webinar] Distressed Energy Assets: Market Update and Key Considerations For Acquirers - April 23rd, 12:00 pm - 1:00 pm CT

- Current Climate: Discussion of the current restructuring environment.? - Tactical Considerations: The pros and cons of purchasing through bankruptcy and the differences between jurisdictions.? - Process Questions:… more

Acquisitions, Continuing Legal Education, Debt Restructuring, Distressed Assets, Economic Downturn

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Emily Guillaume

PFAS Regulatory Landscape Update — The Message? Stay Tuned.

The Environmental Protection Agency (EPA) has announced several actions in recent weeks that shed light on the Trump administration’s approach to PFAS regulation… more

Environmental Policies, Environmental Protection Agency (EPA), Manufacturers, New Legislation, PFAS

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Kaitlin Gurney

Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body camera… more

Body Worn Cameras, Law Enforcement, Pending Legislation, Police, Police Brutality

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Nickolas Guttman

Navigating Complexities in Tax Equity Transactions - Energy Law Insights

Explore the complexities of tax equity transactions in the energy sector with Troutman Pepper’s attorneys Carl Bivens, Nick Guttman, and Kyle Kohler. Through real life case studies, learn about the challenges faced during due… more

Electricity, Energy Market, Energy Projects, Energy Sector, Tax Equity

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Marion Hack

What Constitutes an Emergency in Public Contracts?

In recent years, California has experienced the worst wildfires in its history, devastating the state and setting record-breaking highs. In just 2018 alone, the wildfires across California took 106 lives and burned more than 1.5… more

Competitive Bidding, Construction Contracts, Contract Drafting, Contract Terms, Delay Claims

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Randall Hack

President Biden Issues Sweeping ‎Executive Order Directed at Promoting Competition ‎in the ‎American Economy

On July 9, 2021, President Joe Biden signed an expansive Executive Order directed at increasing competition in the U.S. economy. The Executive Order contains 72 initiatives pertaining to more than a dozen federal agencies,… more

Biden Administration, Competition, Department of Justice (DOJ), Executive Orders, FCC

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Christopher Hagenbuch

Outlook And Impact Of Coronavirus On Venture Capital Investments And Emerging-Growth Companies

The combined health and economic crisis caused by the outbreak of coronavirus (COVID-19) and subsequent isolation efforts across the world have left many emerging-growth companies with numerous questions about how to get through… more

Capital Investments, Coronavirus/COVID-19, Emerging Growth Companies, Investment, Startups

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Ashley Hager

Major Change to Federal Contractors’ Affirmative Action Requirements

On Tuesday, President Trump radically changed the legal landscape for federal contractors when he revoked an executive order that had been in effect for nearly 60 years. Executive Order 11246, issued by President Johnson in… more

Affirmative Action, Anti-Discrimination Policies, Disability Discrimination, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Samuel Hagerty

TDHCA Appoints New Executive Director & Announces $79.5 Million in Tax Credit Allocations

Bobby Wilkinson was named the Executive Director of The Texas Department of Housing and Community Affairs (TDHCA), effective August 15th… more

Affordable Housing, State and Local Government, Tax Credits

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Michael Haggerson

Developing, Disclosing, and Patenting Technology During National Emergencies

National emergencies, like the one COVID-19 has triggered in the United States, spur technological development, as concerned researchers look for ways to repurpose existing technology or develop new technology to help… more

Confidential Information, Coronavirus/COVID-19, Export Administration Regulations (EAR), Export Controls, Innovation

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Carter Hale

Understanding the USPTO's Final Rule on Fee Adjustments for Patent Applications and Appeals

The U.S. Patent and Trademark Office (USPTO) has issued a “final rule” to fee adjustments for patent applications and appeals, effective January 19, 2025. These changes represent some of the most significant changes to the fee… more

Design Patent, Fees, Final Rules, Intellectual Property Protection, Inventions

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Eddie Hale

You’re in Breach… Now What?

The best-structured loan covenants in credit facilities are flexible enough to allow a borrower to grow, while reducing the lender’s risk of loss. However, many models and projections underlying those covenants are at risk of… more

Investors, Lenders, Private Equity, Private Equity Firms

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Chris Haley

Microsoft 365 eDiscovery Updates: Legal and Technical Developments

eMerge attorneys and technologists recently presented a two-part webinar series on the legal and technical considerations for corporations using Microsoft 365 to satisfy their eDiscovery obligations… more

Client Services, Data Management, Discovery, e-Discovery, Electronically Stored Information

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Natasha Halloran

Rhode Island Adds to the Growing Patchwork of State Privacy Laws – H7787 / S2500

Rhode Island has become the 19th U.S. state to enact a comprehensive privacy law. On June 25, Rhode Island Governor Daniel McKee (D) transmitted the Rhode Island Data Transparency and Privacy Protection Act (RI-DTPPA) into law… more

Corporate Counsel, Data Privacy, New Regulations, Personal Data, Regulatory Reform

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Laura Hamady

Streaming Under Scrutiny: Michigan AG Alleges Roku Violates COPPA and Other Privacy Laws

On April 29, Michigan Attorney General (AG) Dana Nessel filed a lawsuit against Roku, Inc. (Roku), the smart TV and device provider and streaming service, alleging that Roku collects and monetizes personal data from children… more

COPPA, Data Collection, Data Privacy, Enforcement Actions, Internet Streaming

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Matthew Hamilton

New Cases Bring Lessons on Video Surveillance Preservation

Video surveillance is ubiquitous today and often sought in connection with injuries or litigation. As a result, courts are increasingly presented with disputes relating to the preservation and production of surveillance video… more

Adverse Inference Instructions, Destruction of Evidence, Discovery, Duty to Preserve, Electronically Stored Information

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Oliver Hamilton

After Multiple Strikes, Final Rules Issued for the No Surprises Act

On August 19, the U.S. Departments of Health and Human Services, Labor, and the Treasury (the Departments) issued final rules implementing the No Surprises Act, known as the “Requirements Related to Surprise Billing: Final… more

Disclosure Requirements, Final Rules, Health Care Providers, Out of Network Provider, Surprise Medical Bills

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Kendall Hamilton Tan

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Jonathan Hammond

ARRC Formally Recommends CME Group's SOFR Term Rates

On July 29, the Alternative Reference Rates Committee (ARRC) formally recommended the use of the CME Group’s forward-looking Secured Overnight Financing Rate (SOFR) term rates (Term SOFR) as a replacement to the London Interbank… more

Alternative Reference Rates Committee (ARRC), Banking Sector, CFTC, Libor, Secured Overnight Funding Rate (SOFR)

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Lauren Hancock Miller

California AG Takes Action Against $1.3 Million Insurance Fraud Scheme

In May, California’s attorney general (AG) charged a local dermatologist with more than 20 counts of fraud after uncovering a scheme that allegedly resulted in the state’s Medicaid program paying out over $1.3 million for… more

California, Criminal Prosecution, Enforcement Actions, Health Care Providers, Health Insurance

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Denise Hanna

New Medicaid/CHIP Managed Care Rule Reins in MLR Reporting

In late April, the Centers for Medicare & Medicaid Services (CMS) issued the final Managed Care Rule, which codifies revisions intended to “improve access to care, accountability and transparency for the approximately 80 million… more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Health Care Providers, Medicaid

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Sarah Hanna

Federal Banking Agencies Reiterate Guidance on Managing Risks Posed By Fintech Partnerships and Other Third Party Relationships

Last week, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the agencies) issued a joint statement highlighting… more

AML/CFT, Anti-Money Laundering, Banks, Consumer Financial Products, Customer Due Diligence (CDD)

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Mark Hannemann

New Federal Circuit Ruling Opens the ITC to Many More IP Owners

In a recent ruling, the U.S. Court of Appeals for the Federal Circuit upended years of settled law and ruled that sales and marketing expenses, by themselves, can be the basis for a finding of domestic industry in an… more

Administrative Law Judge (ALJ), Appeals, Enforcement Actions, Imports, Intellectual Property Protection

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Matthew Hansen

Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Matt Hansen, Jason Manning, and Michael Lacy, partners in Troutman Pepper Locke’s Consumer Financial Services practice group, to discuss the use of mock… more

Consumer Financial Products, Consumer Lenders, Dispute Resolution, Financial Services Industry, Law Firm Partners

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Cindy Hanson

Regulatory Rollback: Inside the CFPB’s FCRA Guidance Withdrawal — The Consumer Finance Podcast

In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB) guidance… more

Artificial Intelligence, Background Checks, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Consumer Reporting Agencies

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Roy Hardin

The Madrid Protocol

The United States is a party to the Madrid Protocol, an international treaty simplifying the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending… more

Intellectual Property Protection, International Trademark Protection, IP License, Madrid Protocol, Trademark Application

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Aaron Hardy

SEC Reiterates Auditor Responsibilities in Risk Assessment

Independent auditors have been placed on notice to tighten internal fraud investigations following an October 11 statement by the U.S. Securities and Exchange Commission’s (SEC) chief accountant, which can be found here. This… more

Auditors, Audits, Enforcement Actions, PCAOB, Risk Assessment

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Sophia Harmelin

FINRA’s Crackdown on Firms’ Use of Social Media Influencers Continues

The Financial Industry Regulation Authority’s (FINRA) Enforcement Division recently announced a resolution to a nearly two-and-a-half-year investigation in which TradeZero America, Inc. (TradeZero) agreed to pay a fine of… more

Content Marketing, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Influencers, Social Media

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Emily Newcomer

USPTO's Guidance on Inventorship of AI-Assisted Inventions Remains True to Fundamental Principles, But May Not Be the Right Test

The U.S. Patent and Trademark Office (USPTO) recently issued guidance on inventorship determinations for inventions developed with the assistance of artificial intelligence (AI-assisted inventions). Inventorship of AI-assisted… more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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Brian Harms

The Vital Importance of Pipeline and Transmission Infrastructure to Decarbonization - Energy Law Insights

While energy production gets a lot of attention, how that energy gets to end users is just as important. In this video, Troutman Pepper’s Brooks Smith and Brian Harms look at natural gas pipelines and other energy transmission… more

Clean Energy, Electricity, Energy Market, Energy Projects, Energy Sector

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David Harrell

The Texas Business Court’s First Thirty Days

The Texas Business Court opened September 1, 2024. In the months before the specialized trial court opened, Governor Abbott appointed ten judges to hear cases in five of Texas’ eleven Judicial Administrative Regions, serving 80… more

Business Court, Business Disputes, Business Litigation, Commercial Litigation, Jurisdiction

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Alexander Harris

FTC Issues First Formal Policy on Section 5's Unfair Competition Authority

Although the brief FTC statement is beneficial, the sweeping language contained in the policy statement gives little practical guidance to the business community. On August 13, the Federal Trade Commission (FTC) issued its… more

Federal Trade Commission (FTC), SCOTUS, Section 5, Sherman Act, The Clayton Act

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Chelsea Harris

FTC Extends Comment Period on Proposed Ban of Noncompete Agreements

The Federal Trade Commission (FTC) continues to pursue its campaign against noncompete clauses. On January 5, the FTC voted 3-1 to publish a notice of proposed rulemaking, which, if implemented, would bar employers from entering… more

Comment Period, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Proposed Rules

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Maia Harris

Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments in Allergan v. MSN Laboratories

On August 13, the Federal Circuit issued a precedential ruling in Allergan v. MSN Laboratories (Case No. 24-1061). This decision reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect… more

Abbreviated New Drug Application (ANDA), Allergan Inc, Double Patent, Food and Drug Administration (FDA), Generic Drugs

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Lori Harrison

Protecting Intellectual Property - Investment Management Roundtable Discussion

Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Private Fund Services Practice Group, hosts a series of candid, interactive webinar discussions for West LegalEdcenter on what is going on now… more

Acquisitions, Asset Management, Copyright, Data Privacy, Intellectual Property Protection

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Meghan Hunter Harrison

Virginia Bans Pay-If-Paid Clauses to Protect Construction Subcontractors

Virginia has joined the ranks of states that ban “pay-if-paid” clauses. Contingent payment clauses, like “pay-if-paid” and “pay-when-paid” clauses, protect contractors: A contractor need not pay its subcontractors or suppliers… more

Construction Contracts, Construction Industry, Contractors, Pay if Paid, Subcontractors

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Samuel Harrison

Understanding the RICO Enterprise Requirement - RICO Report Podcast

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this fifth… more

Racketeering, RICO, White Collar Crimes

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Kirsty Harrower

New Economic Crime Act 2022 ‎Introduced in England and ‎Wales – What Does It Mean for Me?‎

1. What is the new legislation? The Economic Crime (Transparency and Enforcement) Act 2022 (“the Act”) introduced a new Register of Overseas Entities (“the Register”) at Companies House for overseas entities which own… more

Beneficial Owner, Foreign Entities, Real Estate Transactions, UK

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Adrienne Hart

Use It or (You Might) Lose It – Gifting in 2020

The federal estate, gift, and generation-skipping transfer (GST) tax exemptions are all at the historically high level of $11,580,000 per person ($23,160,000 for a married couple). Under current law, the exemptions are scheduled… more

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

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Michael Hartman

Cardiology Monopolization Case Confirms Antitrust Laws Protect Competition, Not Competitors

Confirming the bedrock principle that the antitrust laws are designed to protect competition and not individual competitors, a federal court put an end to a legal turf war over the cardiology market in Laredo, TX on January 28… more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Competition, Healthcare

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Scott Hastings

Locke Lord QuickStudy: Texas Supreme Court Authorizes Attorney Fees’ Awards in Home Equity Cases

On Friday, February 6, 2015, the Texas Supreme Court issued its decision in Case No. 13-0236, Wells Fargo Bank, N.A. v. Murphy, and held that the Texas Constitution’s prohibition against non-recourse home equity loans, see TEX… more

Appeals, Attorney's Fees, Banks, Borrowers, Declaratory Judgment Act

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Sam Hatcher

NCAA Enforcement Standards - Highway to NIL Podcast

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of… more

College Athletes, Name and Likeness, NCAA, Student Athletes

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Patrick Hatfield

Updating Security Exhibits for Remote Personnel

When the pandemic hit, companies across the country and beyond scrambled their workforces to work from home. No doubt, the IT and cyber security teams for companies were overwhelmed, some more than others, to address the new… more

Cybersecurity, Data Privacy, Data Protection, Data Security, Personally Identifiable Information

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Gregory Hauck

Virtual Trials Are No Longer Just a Remote Possibility

On August 6, the U.S. District Court for the Middle District of North Carolina (M.D.N.C.) completed a five-day bench trial that was conducted entirely by videoconference… more

Coronavirus/COVID-19, Court Closures, FRCP 43, Infectious Diseases, Judicial Proceedings

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Alec Hayes

Maryland Federal Court Denies Mortgage Servicer’s Motion to Dismiss Borrowers’ RESPA Claim

The United States District Court for the District of Maryland recently denied a mortgage servicer’s motion to dismiss a putative class action claim pursuant to the Real Estate Settlement Procedures Act (RESPA) § 2605(g),… more

Borrowers, Escrow Accounts, Financial Services Industry, Mortgage Servicers, Mortgages

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Bryan Haynes

Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders

On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the products),… more

Administrative Procedure Act, Appeals, E-Cigarettes, Food and Drug Administration (FDA), Food and Drug Administration v RJ Reynolds Vapor Co

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Brian Hays

Why Does the TCPA Equal Chaos? The US Supreme Court Opens FCC Orders to New Challenges

On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review Act… more

Administrative Procedure Act, Consent, FCC, Hobbs Act, Judicial Review

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Alexandra Hazday

SEC Proposes Rule Changes Shortening the Securities Settlement Cycle to T+1 By March 31, 2024

On February 9, the Securities and Exchange Commission (SEC) proposed rule amendments to shorten the standard securities settlement cycle for most broker-dealer transactions to one business day after the trade date (commonly… more

Comment Period, Proposed Amendments, Proposed Rules, Public Comment, Securities and Exchange Commission (SEC)

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James Hazlehurst

2024 D&O and Professional Liability Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country… more

Board of Directors, Corporate Governance, D&O Insurance, Fiduciary Duty, Insurance Litigation

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Abigail Hazlett

DOJ-HHS Establishes New Working Group to Enhance FCA Enforcement

On July 2, 2025, the U.S. Department of Justice (DOJ) announced the formation of a new working group in collaboration with the U.S. Department of Health and Human Services (HHS) focused on the enforcement of the False Claims Act… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Actions, False Claims Act (FCA)

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Christopher Healy

Ninth Circuit: Universities May Be Liable Under Title IX for Off-Campus Assaults

In a fractured decision, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reinstated a former University of Arizona student’s Title IX lawsuit against the university. Vacating a divided three-judge panel’s… more

Educational Institutions, Liability, Sexual Assault, Sexual Violence Policies, Students

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Kevin Heath

Traders Must Provide Information to Consumers About Alternative Dispute Resolution

As the Department for Business Innovation & Skills succinctly puts it: - Alternative dispute resolution (ADR) refers to ways of resolving disputes between consumers and traders that don’t involve going to court. The… more

Dispute Resolution, EU, Online Dispute Resolution (ODR), UK

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Kasia Hebda

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification under… more

Anti-Competitive, Antitrust Division, Competition, Department of Labor (DOL), Employees

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Jeremy Heep

SCOTUS Designates Dueling Delegation Decision to Courts

SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral consent,… more

Arbitration, Arbitration Agreements, Arbitrators, Business Litigation, Coinbase

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Todd Heffner

I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience over… more

Arbitration, Construction Disputes, Construction Litigation, Construction Project, Contract Terms

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Nanette Heide

The Top 10 Legal Risks Impacting the Value of a Retail Brand

Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of… more

Advertising, Brand, Business Development, Customer-Loyalty Programs, Endorsements

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Ryan Helmrich

Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On… more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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Joseph Helmsen

Highlights of the Defend Trade Secrets Act of 2016

The DTSA permits federal civil actions to be brought for the misappropriation of trade secrets if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce… more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Intellectual Property Protection, Misappropriation

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Kristopher Henman

OCC Proposes Rescission of June 2020 CRA Rulemaking and Releases FAQs

The Office of the Comptroller of the Currency (OCC) issued a proposal to rescind its June 2020 Community Reinvestment Act (CRA) rulemaking and replace it with previous rules jointly adopted by the OCC, the Federal Reserve Board… more

Banking Sector, Community Reinvestment Act, FDIC, Federal Reserve, OCC

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Ben Henry

The Rise of Liquid Cooling Technology and Its Impact on Data Center Leases

In the rapidly evolving data center industry, efficiency, scalability, and sustainability are paramount. As the demand for data processing power continues to surge, driven mainly by AI, traditional cooling methods are being… more

Computer Servers, Data Centers, Data Processors, Energy Consumption, Energy Efficiency

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Andrew Henson

Changes to Virginia’s Noncompete Statute

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the Fair… more

Compensation & Benefits, Employee Rights, Employer Responsibilities, Employment Contract, Exempt-Employees

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David Herbert

Discharge of Contractual Obligations by Prospective Frustration: When is a Frustrating Event Triggered by COVID-19?

The effects of a global pandemic, and governmental restrictions imposed as a result of it, may clearly give grounds for contracting parties to claim discharge of their agreements relying on the doctrine of frustration (even in… more

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

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Ellis Herington

Delaware Supreme Court Affirms Historic Material Adverse Effect Ruling

On December 7, 2018, the Delaware Supreme Court issued an order affirming the judgment of the Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL (Del. Ch. Oct. 1, 2018)… more

Contract Termination, DE Supreme Court, Fresenius, Material Adverse Effects, Merger Agreements

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Román Hernández

SCOTUS Invalidates CA Law Preventing Arbitration of Individual PAGA Claims When a Valid Arbitration Agreement Exists

In its 12th case regarding arbitration in the last five years, the Roberts court fascination with the dispute resolution method continues. In the second of two decisions regarding arbitration this week, the Court reestablished… more

Arbitration, Arbitration Agreements, Class Action, Employment Litigation, Federal Arbitration Act

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Douglas Herrmann

Delaware Court Issues Novel Ruling Clarifying Treatment of Cryptocurrency Assets When Evaluating Contract Damages

Judge Paul Wallace of the Delaware Superior Court issued a recent opinion in Diamond Fortress Technologies, Inc. v. EverID, Inc., clarifying the treatment of cryptocurrency assets when calculating damages. The opinion also lays… more

CFTC, Corporate Counsel, Cryptoassets, Cryptocurrency, Initial Coin Offering (ICOs)

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Robert Hertzberg

U.S. Supreme Court Agrees To Hear Government’s Appeal Of Sixth Circuit’s Ruling In U.S. v. Quality Stores That SUB Payments Are Not ‘Wages’ Subject To FICA Taxation

On October 1, 2013, the U.S. Supreme Court agreed to hear the federal government’s appeal of the Sixth Circuit’s decision in United States v. Quality Stores, Inc. (In re Quality Stores, Inc.), 693 F.3d 605 (6th Cir. 2012),… more

FICA Taxes, Quality Stores, SCOTUS, Wages

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Vincent Hess

[Webinar] 28th Annual Employee Benefits Seminar - September 21st, 8:20am Central / 9:20am Eastern

Program Highlights Please join the Locke Lord Employee Benefits and Executive Compensation Group for our 28th annual employee benefits seminar via webinar. Our attorneys will provide an overview of current developments related… more

501(c)(3), Acquisitions, Benefit Plan Sponsors, CEOs, CFOs

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Steven Hewitson

Harnessing Technology in Litigation: Insights from Troutman Pepper eMerge - Energy Law Insights

Join Steve Hewitson, Partner, and Jim Calvert, Principal at Troutman Pepper eMerge, as they explore the transformative role of technology in complex regulatory proceedings and litigation. This insightful discussion covers the… more

Artificial Intelligence, Electricity, Energy Projects, Energy Sector, Energy Storage

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Robert Hickok

Supreme Court Scales Back SEC's Disgorgement Remedy

A near-unanimous majority of the U.S. Supreme Court recently upheld, and simultaneously reigned in, the Securities and Exchange Commission’s (SEC’s) ability to obtain disgorgement under the federal securities laws. In the lead… more

15 U.S.C. § 78u(d)(5), Administrative Authority, Business Expenses, Calculation of Damages, Corporate Misconduct

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Gerald Higdon

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P Industry

On December 17, 2024, the Railroad Commission of Texas (RRC) adopted new comprehensive regulations governing the handling, storage, treatment, and disposal of oil and gas waste. The rules were published January 3, 2025, in the… more

Final Rules, Hazardous Waste, New Regulations, Oil & Gas, Permits

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Hollister Hill

Environmental Justice in Georgia: Proposal of the Georgia Environmental Justice Act of 2021 (Proposed HB 432)

The topic of environmental justice garnered more attention as the Biden-Harris administration took office. On February 11, HB 432 was introduced by six Democrats in Georgia’s House of Representatives. The proposed bill is titled… more

Environmental Justice, Environmental Policies, Georgia, State and Local Government

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Richard Hills

Comptroller of the Currency Cites TBTF Risks at Large Regional Banks

On April 1, Acting Comptroller of the Currency Michael J. Hsu stated that the OCC, under the “significant role” it plays in national bank mergers, is considering certain “resolvability safeguards” with its review of larger bank… more

Banking Sector, Global Systemically Important Banks (G-SIBs), OCC, TLAC, Too Big to Fail

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Michael Hino

Regulatory Takings and Executive Power to Seize Property

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In… more

Coronavirus/COVID-19, Eminent Domain, Regulatory Takings

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Courtney Hitchcock

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Brent Hoard

Virginia’s Protection of Reproductive Health Information Law – Part Two, Compliance and Implementation

In Part Two of this FAQ series, we continue to break down Virginia’s Senate Bill 754, Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information (Act), which amends the Virginia Consumer… more

Consent, Consumer Privacy Rights, Data Management, Data Privacy, Disclosure Requirements

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Michael Hobbs Jr.

Beware of Scam Notices Targeting Trademark Applicants

Scam notices are being sent to those who have filed trademark applications with the U.S. Patent and Trademark Office (USPTO) or already own a registered mark. The notices are designed to exploit publicly available information,… more

Corporate Counsel, Filing Requirements, Fraud, Intellectual Property Protection, Scams

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Alice Hodsden

Not So Fast! Ninth Circuit Clarifies the Role of Materiality in Triggering SLUSA’s Class Action Bar

In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties… more

Class Action, Corporate Counsel, Fiduciary Duty, Materiality, Misrepresentation

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Julie Hoffmeister Smith

2024 Privacy, AI & Cybersecurity Year in Review

2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United… more

Artificial Intelligence, Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Brokers

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Kent Hofmann

Recent Opinion Reinforces Difficulty—and Importance—of Ensuring Correct Deadlines Are Followed in Administrative Proceedings

A recent opinion from the Third Court of Appeals in Austin highlights the importance of double-checking deadlines to ensure all administrative remedies are exhausted before filing a lawsuit for judicial review of a state agency… more

Administrative Remedies, Judicial Review, Petition For Rehearing, Public Utilities Commission

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Christopher Holinger

Second Circuit Reaffirms that if You Don’t Dispute with the CRA, You Don’t Have a Claim

Fair Credit Reporting Act (“FCRA”) plaintiffs learned a hard lesson in procedure recently when the Second Circuit Court of Appeals affirmed the dismissal of their claim because they (presumably) failed to follow the notification… more

Consumer Reporting Agencies, Credit Reporting Agencies, Credit Reports, Data Brokers, Failure To State A Claim

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James Hollyday

Insurance Coverage for Property Damage Caused by Defective Workmanship

One of the principal points of contention between insurers and insureds is whether defective construction work is, or can be, an occurrence, thereby triggering coverage. Originally published in ConsensusDocs (Vol. 3, No… more

Additional Insured Endorsements, Commercial General Liability Policies, Construction Defects, Construction Industry, Construction Project

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Joseph Holovachuk

Pepper Hamilton Higher Education "In Brief" Webinar Series: Intellectual Property Basics - What Every Higher Education Administrator Needs To Know

With a constantly evolving legal landscape, colleges, universities and independent schools encounter a vast spectrum of new topics on any given day. Pepper Hamilton's Higher Education Practice Group has created its "In Brief"… more

Colleges, Copyright, Copyright Applications, Copyright Infringement, Copyright Ownership

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Jonathan Homer

Debt and Lending Markets: Current Trends Impacting Private Equity Sponsors — PE Pathways Podcast

In this episode of PE Pathways, Troutman Pepper Locke Partners Tricia McNeill and Jonathan Homer delve into the current state and trends in the debt and lending markets, particularly as they impact private equity sponsors. Key… more

Debt, Federal Reserve, Financial Markets, Financial Services Industry, Lending

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Troy Homesley

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Miranda Hooker

New DOJ Guidance Tightens Corporate Enforcement Strategy

Join Troutman Pepper White Collar and Government Investigation Partners Callan Stein, Miranda Hooker, and Allison DeLaurentis for a podcast discussion on the DOJ’s updated guidelines regarding corporate criminal enforcement… more

Compliance Monitoring, Corporate Crimes, Corporate Culture, Criminal Prosecution, Department of Justice (DOJ)

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Kathryn Hopkins

EPA Announces Key CCR Policy Amid Alternative Closure Determinations

On January 11, the U.S. Environmental Protection Agency (EPA) issued a new interpretation of its coal combustion residual (CCR) regulations: CCR landfills or surface impoundments “cannot be closed with coal ash in contact with… more

Coal Ash, Coal Industry, Environmental Protection Agency (EPA)

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Melissa Horne

CARB Workshop on Climate Disclosure Laws: More Questions Than Answers

On May 29, 2025, the California Air Resources Board (CARB) held a virtual public workshop to review and discuss its rulemaking response to California Senate Bills (SBs) 253, 261, and 219, which require companies that “do… more

California, Climate Change, Disclosure Requirements, Filing Deadlines, Government Agencies

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Selene Houlis

California Governor Signs Legislation Impacting Health Care Claim Reimbursement and DMHC Requests for Records

On September 27, California Governor Gavin Newsom signed into law two bills that will impact health care service plans and insurers in the state… more

Administrative Authority, California, Health Care Providers, Health Insurance, Healthcare

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Brianna Hourihan

ESG Investing in 401(k) Plans – More Rule Changes on the Way

In our recent client alert, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” we reported that a Texas district court recently upheld Biden-administration Department… more

401k, Biden Administration, Compensation & Benefits, Department of Labor (DOL), Employee Benefits

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MK Houston

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way… more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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Patrick Houston

Changes to Virginia’s Noncompete Statute

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the Fair… more

Compensation & Benefits, Employee Rights, Employer Responsibilities, Employment Contract, Exempt-Employees

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Jonathan "Grady" Howe

Senate Proposal Opens the Door for More State Antitrust Lawsuits

Senate Proposal Opens the Door for More State Antitrust Lawsuits - On July 14, the U.S. Senate advanced legislation that puts all businesses at risk of defending antitrust lawsuits across different jurisdictions… more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Competition, Enforcement Actions

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Joshua Howell

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Jon Hubbard

Second Circuit Explains Reasonable Investigation Standard in Identity Theft Case Under FCRA

In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the expectations for furnishers when investigating consumer disputes under the Fair Credit Reporting Act (FCRA). In Suluki v. Credit One Bank, No… more

Appeals, Consumer Complaint Management, Consumer Financial Products, Credit Cards, Credit Reporting Agencies

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Brett Hubler

GLI - Mergers & Acquisitions 2023 - 12th Edition

Overview - The year 2022 started strong but proved to be a mixed year for M&A in what could be described as a return to earth after the record-setting year that was 2021. The U.S. M&A market alone exceeded $2 trillion in 2021… more

Acquisition Agreements, Contract Terms, Corporate Sales Transactions, Merger Agreements, Sandbagging

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Nina Huerta

UPDATE On The Families First Coronavirus Response Act (FFCRA) Leave Protections Following Enactment of Consolidated Appropriations Act, 2021

Updated December 28, 2020 UPDATE: On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 [Including Coronavirus Stimulus & Relief]. On December 27, 2020, President Trump signed this legislation into… more

CARES Act, Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA)

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Emily Huggins Jones

Charting a New Course: The SHIPS Act of 2025 (Reintroduced)

On April 30, 2025, Senators Mark Kelly (D-AZ) and Todd Young (R-IN) — joined by a bipartisan group of Senate and House sponsors — reintroduced the Shipbuilding and Harbor Infrastructure for Prosperity and Security (SHIPS) for… more

China, Economic Sanctions, Imports, Infrastructure, International Trade

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Kimberly Hughes Gillespie

The End Is Here — Or Is It? The Public Health Emergency Concludes, but Telehealth Expansion Remains

The COVID-19 Public Health Emergency (PHE) resulted in many changes to the health care system. One of the most dramatic involved the introduction of regulatory flexibilities that enabled the rapid expansion of telehealth. From… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Public Health Emergency

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Ellen Hughes-Jones

The Madrid Protocol

The United States is a party to the Madrid Protocol, an international treaty simplifying the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending… more

Intellectual Property Protection, International Trademark Protection, IP License, Madrid Protocol, Trademark Application

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Andrew Hulsh

Going the Distance: The Expanding Lifecycles of Private Equity Funds

Pepper Hamilton annually commissions a survey to keep clients abreast of middle-market private equity trends. This year, with Mergermarket, we surveyed 50 middle-market PE firms regarding fund life cycles. Our findings were no… more

Capital Raising, General Partnerships, Investment, Limited Partnerships, Private Equity Funds

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Stephen Humeniuk

In Desperate Times . . . . Travelport Puts $1.15 Billion in Collateral Value beyond the Reach of its Creditors

As we have discussed in previous QuickStudies, certain borrowers in industries experiencing particularly adverse economic conditions have taken advantage of flexible terms in their credit agreements to transfer valuable… more

Borrowers, Collateral, Creditors, EBITDA, Popular

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Solomon Hunter Jr.

Health Care M&A Activity Remains Immune to COVID-19

The coronavirus has had a significant impact on health care businesses, the health care industry and health care M&A throughout the United States and abroad. Notwithstanding the impact, top drivers from 2019 continue to fuel… more

Acquisitions, Coronavirus/COVID-19, Infectious Diseases, Mergers

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William Hurd

Seller Beware: FTC Issues Notices of Penalty Offenses in Effort to Combat “Explosion” of Deceptive Endorsements and Advertising

The Federal Trade Commission (FTC or Commission) recently signaled its readiness to take a more aggressive approach when it comes to enforcing consumer protection laws, especially for violations by for-profit colleges and… more

Advertising, AMG Capital Management LLC v FTC, Endorsements, Federal Trade Commission (FTC), Unfair or Deceptive Trade Practices

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Ryan Hussey

Senate Bill Introduced to Ban Forced Consumer Arbitration Clauses

U.S. Senator Sherrod Brown (D-OH), chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, has introduced the Arbitration Fairness for Consumers Act. The legislation, introduced on March 7, proposes to… more

Arbitration, Arbitration Agreements, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Mandatory Arbitration Clauses

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Kathleen Hutchenreuther

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Cole Hutchison

Texas Supreme Court Issues Electric Opinion on PUC Orders During Winter Storm Uri

On June 14, 2024, the Supreme Court of Texas issued a pivotal opinion concerning the actions of the Public Utility Commission of Texas (Commission) during 2021’s Winter Storm Uri. In Public Utility Commission of Texas v… more

Electricity, Energy Sector, Public Utilities Commission, Severe Weather, Texas

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Samuel Hyams

Federal Court Rules Michigan Privacy Law Protects Nonresidents

A federal court in Michigan recently ruled that out-of-state residents have standing to sue under the Michigan Personal Privacy Protection Act (PPPA). In Lin v. Crain Communications, Inc., Case No. 2:19-cv-11889 (E.D. Mich.,… more

Corporate Counsel, Cybersecurity, Data Privacy, Data Protection, Data Security

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Abigail Hylton

New York AG Adopts Final Preclearance Rule and Prepares for the NYVRA to Take Effect

The New York Voting Rights Act‘s (NYVRA) preclearance section takes effect on September 22, 2024. The new rule requires covered jurisdictions to seek “preclearance” of certain covered policy changes to their election and… more

Covered Entities, Election Laws, Jurisdiction, New Rules, New York

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Nathan Iacovino

Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On… more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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David Idokogi

SEC Proposes New Investment Adviser Outsourcing Oversight Requirements

On October 26, the Securities Exchange Commission (SEC) kicked off what’s expected to be an active season of fall rulemaking by proposing new Rule 206(4)-11 under the Investment Advisers Act of 1940, as amended (Advisers Act)… more

Comment Period, Form ADV, Investment Adviser, Investment Advisers Act of 1940, Proposed Rules

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Joseph Imperiale

Standardization of BIM Implementation in the United States

Advances in digital technology are rapidly changing the way contractors, owners and engineers exchange information and streamline efficiency in the construction industry. A key element of this transformation is building… more

Building Information Modeling (BIM), Construction Project, Infrastructure, Real Estate Development, Technology

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John Isacson

Printed Publications in Post-Grant Reviews

GRÜNENTHAL GMBH v. ANTECIP BIOVENTURES II LLC, PGR2019-00026, -00027, 00028 (PTAB, July 28, 2020) - The PTAB issued decisions in a trio of post-grant reviews. One of the defenses put forward by the Patent Owner was that the… more

Evidentiary Standards, Patent Litigation, Patent Trial and Appeal Board, Patents, Post-Grant Review

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Jonathan Ishee

Deadline for New UK Contract Requirements for Personal Data Transfers Is Here (EU and California Deadlines Looming)!

Don't Hyperventilate. There are new United Kingdom (UK), European Union (EU), U.S., and global regulatory requirements that just went into effect or will be effective before or soon after year-end that will impact contracts… more

Cybersecurity, Data Protection, EU, General Data Protection Regulation (GDPR), International Data Transfers

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Anais Jaccard

The CFPB Takes Aim at Overdraft Fees

The Consumer Financial Protection Bureau (CFPB) has a new target: overdraft fees. In a December 1 press call, CFPB Director Rohit Chopra targeted the use of overdraft fees in the consumer banking industry, claiming that some… more

Banking Sector, Banks, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Overdraft Fees

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Stefanie Jackman

Insights from the CFPB’s Latest Report on Credit Invisibility

n June 23, the Consumer Financial Protection Bureau (CFPB or Bureau) released an update to its 2015 report on Americans who did not have a credit record (credit invisibles) or who had insufficient credit history to have a credit… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Credit Reports, Credit Scores

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Mark Jacob

Disappearing Discounts?: IRC 2704 Proposed Regulations Threaten Valuation Discounts for Transfers of Interests in Family-Controlled Entities

Purpose of Section 2704 - Internal Revenue Code Section 2704 was originally passed to restrict certain types of valuation discounts on transfers of ownership interests in family-owned businesses among family members. While… more

Estate Planning, Family Businesses, Internal Revenue Code (IRC), IRC Section 2704, Valuation

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Natalia Jacobo

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Henry Jaffe

Supreme Court Narrows Applicability of Bankruptcy Code's Safe Harbor for Securities-Related Transfers

In a case that could have significant, long-term ramifications for the holders of stock and other securities, the U.S. Supreme Court vastly limited the scope of a Bankruptcy Code “safe harbor” that shields certain transfers made… more

Avoidance, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors

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Judith Jagdmann

AGs Take Action Regarding Medicaid Fraud

This month, two attorneys general (AGs) have settled False Claims Act investigations with two separate companies in the health care industry. Both settlements were notable in their own right… more

Enforcement Actions, False Claims Act (FCA), Fraud and Abuse, Health Care Providers, Health Insurance

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Daron Janis

Texas Supreme Court Clarifies How ‎Equitable Subrogation Operates for Texas Home ‎Loans

On May 12, 2023, the Supreme Court of Texas held, in a unanimous decision, that a claim to foreclose on a subrogated real property lien accrues when the refinance loan is accelerated, not when the prior loan (the payoff of which… more

Equitable Subrogation, Foreclosure, Liens, Mortgage Lenders, Mortgages

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Thomas Jefferson IV

Delaware Decision Limits Coverage of D&O Insurance Policies

In a case with implications for director and officer protections, and of particular relevance to principals of private equity firms, the Delaware Superior Court recently denied two former directors coverage under a D&O insurance… more

Corporate Counsel, D&O Insurance, Insurance Industry, Insurance Litigation, Private Equity Firms

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Jordan Jeffery

2024 D&O and Professional Liability Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country… more

Board of Directors, Corporate Governance, D&O Insurance, Fiduciary Duty, Insurance Litigation

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Robert Austin Jenkin II

New Jersey Releases Proposed Privacy Regulations

On June 2, the New Jersey Division of Consumer Affairs announced the publication of new proposed regulations to implement the New Jersey Data Privacy Act (NJDPA), N.J. Stat. §§ 56:8-166.4 et seq., which went into effect on… more

Artificial Intelligence, Consumer Privacy Rights, Customer-Loyalty Programs, Data Collection, Data Management

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Troy Jenkins

Chime Financial Fintech Cannot Claim it is a Bank

The Department of Financial Protection and Innovation (DFPI) of California entered a settlement agreement with Chime Financial, Inc. (Chime), a neobank company that is not licensed to operate as a bank or otherwise exempt from… more

Banking Sector, Department of Financial Protection and Innovation (DFPI), Financial Services Industry, FinTech, Popular

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Nicholas Jennings

FCA’s Proposals for Reform of UK Listing ‎Regime

On 3 May 2023 the Financial Conduct Authority (FCA) published its consultation paper (CP23/10) setting out a blueprint for significant reforms of the UK listing regime for issuers of shares. The policy proposals are intended to… more

Financial Conduct Authority (FCA), Financial Services Industry, Investors, Shareholders, UK

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Marnishia Jernigan

Maryland Enacts Age Appropriate Design Code

On May 9, Maryland became the second state to enact an (AADC), the Maryland Kids Code, alongside the Maryland Online Data Privacy Act (MODPA) — Maryland’s first comprehensive data privacy bill. Maryland’s AADC follows… more

Data Collection, Data Privacy, Data Protection, Data Protection Impact Assessments (DPIAs), Maryland

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Natalie Jersak

Help for State and Local Governments: Federal Reserve Issues Additional Guidance on Municipal Liquidity Facility

On Monday, April 27th, the Federal Reserve announced additional guidance regarding its Municipal Liquidity Facility (the “Facility”), which was first announced on April 9th and was established to buy short-term debt in municipal… more

Coronavirus/COVID-19, Federal Reserve, Municipal Liquidity Facility (MLF), NRSRO

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Mackenzie Jessup

States' Action Still Viable Despite Ban of FTC Noncompete Rule

The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided… more

Competition, Employees, Employer Liability Issues, Employer Responsibilities, Employment Contract

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Peter Jeydel

M&A and Global Compliance Lessons From OFAC’s Settlement With Key Holding

On July 2, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) reached a settlement with Key Holding, LLC (Key Holding) concerning its non-U.S. subsidiary’s violations of the Cuban Assets Control… more

Acquisition Agreements, Cuban Assets Control Regulations (CACR), Due Diligence, Economic Sanctions, Enforcement Actions

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Jeff Johnson

Solicitors General Insights: The Tale of Two Washingtons — Regulatory Oversight Podcast

In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by District of Columbia Solicitor General Caroline Van Zile and Washington Solicitor General Noah Purcell to discuss… more

Appeals, Constitutional Challenges, Educational Institutions, First Amendment, Public Schools

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Tim Johnson

Mexican Anti-Corruption Law Enters Into Effect

On July 19, 2017, Mexico’s new General Law of Administrative Responsibilities (Ley General de Responsabilidades Administrativas) (“GLAR”) went into effect. The GLAR punishes bribery of government officials, as well as bribery by… more

Anti-Corruption, Bribery, Government Officials, Mexico

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Van Jolas

FTC Announces Annual Changes to the HSR Act's Notification Thresholds

The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions that meet or exceed the… more

Acquisition Agreements, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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Stephanie Jonaitis

New Jersey Curbs Nonessential Construction Projects

On April 8, New Jersey Gov. Phil Murphy entered Executive Order No. 122 (EO 122), which expands prior business closure orders to include many construction projects throughout the state… more

Construction Project, Coronavirus/COVID-19, Executive Orders, Infrastructure, Operators of Essential Services

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C. Scott Jones

Modifications to OIG’s Health Care ‎Fraud Self-Disclosure Protocol Provides Additional ‎Benefits for ‎Reporting

“Houston, we have a problem:” words no in-house counsel ever wants to hear, especially regarding potential compliance issues with federal fraud prevention statutes and regulations. Fortunately, the Office of the Inspector… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Corporate Integrity Agreement, Department of Health and Human Services (HHS), Health Care Providers

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Charles Jones

2024 D&O and Professional Liability Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country… more

Board of Directors, Corporate Governance, D&O Insurance, Fiduciary Duty, Insurance Litigation

See all updates »

Christopher Jones

Power, Privacy, and Protection: Unpacking Security Challenges in the Energy Sector - Energy Law Insights

In an era where privacy and security are paramount, understanding the range of potential vulnerabilities and risks faced by energy producers and EV manufacturers is crucial. Join Troutman Pepper Partners Jim Koenig and Chris… more

Cybersecurity, Electricity, Energy Market, Energy Projects, Energy Sector

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Kristin Jones

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of… more

Affirmative Action, Constitutional Challenges, Construction Project, Criminal Conspiracy, Criminal Convictions

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Mark Windon Jones

SEC Modernizes Disclosures for Banking Registrants

On September 11, the U.S. Securities and Exchange Commission (SEC) announced the adoption of rules to update and expand the disclosures that banking registrants provide to investors. The new rule has been long in the making… more

Bank Holding Company, Banking Sector, Disclosure Requirements, Financial Institutions, Financial Services Industry

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Maryia Jones

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Michael Jones

USPTO's Guidance on Inventorship of AI-Assisted Inventions Remains True to Fundamental Principles, But May Not Be the Right Test

The U.S. Patent and Trademark Office (USPTO) recently issued guidance on inventorship determinations for inventions developed with the assistance of artificial intelligence (AI-assisted inventions). Inventorship of AI-assisted… more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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Scott Jones

New Revenue Recognition Standards Reinforce Need for Precise Accounting Definitions in Transaction Documents

Revenue recognition standards adopted by the Financial Accounting Standards Board (FASB) will become effective over the next two years. In light of the changes, it is a good time to remind ourselves that accounting terms in… more

Accounting Standards, Disclosure Requirements, FASB, GAAP, IFRS

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Shelley Jones

A Conversation with Georgetown University - COVID-19 Client Stories

At Pepper, we have a proud history of helping universities protect and commercialize the innovations and new discoveries developed on their campuses. That work has continued even during the current COVID-19 crisis. In this… more

Coronavirus/COVID-19, Innovation, Intellectual Property Protection, IP License, Patents

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John Jones Jr.

Health Care Private Equity Trends to Watch in 2022

Private equity interest in the health care sector is at an all-time high, spurred by the digital health revolution, value-based care, and an increased demand for a range of consumer-driven health services… more

Investment, Investors, Private Equity, Private Equity Firms, Private Equity Funds

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Michael Jordan

Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders

On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the products),… more

Administrative Procedure Act, Appeals, E-Cigarettes, Food and Drug Administration (FDA), Food and Drug Administration v RJ Reynolds Vapor Co

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James Jumper

A Sharper Focus: Exploring VC Side Letters

A side letter in the venture capital sector is an agreement between an investor and the company it is investing in that entitles the investor to certain contractual rights, which supplement and are in addition to other rights… more

Acquisition Agreements, Business Entities, Contract Terms, Contractual Safeguards, Corporate Governance

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Lisa Kabnick

COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis… more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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Joseph Kadlec

Private Equity Investment in Long-Term Care – Assisted Living and the Law Podcast

Assisted Living and the Law, hosted by Troutman Pepper attorneys Cal Stein and Emma Trivax, offers timely insights and practical advice on navigating the complex and evolving legal landscape of the long-term care industry. In… more

Assisted Living Facilities (ALFs), Elder Care, Health Care Providers, Long Term Care Facilities, Long-Term Care

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Matthew Kalas

Drones 2022 – To Infinity and Beyond, or Back to the Drawing Board?

For the better part of a decade, the buzz within the Unmanned Aircraft Systems (“UAS”) industry has centered on when the Federal Aviation Administration (“FAA”) would put in place a regulatory environment that would allow for… more

Beyond Visual Line Of Sight (BVLOS), Data Privacy, Drones, Federal Aviation Administration (FAA), Unmanned Aircraft Systems

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Mary Kate Kamka

California Federal Court Rules Employer’s Background Check Disclosures Meet FCRA Requirements

A recent opinion issued by the U.S. District Court for the Northern District of California granted an employer’s motion for summary judgment, rejecting a series of technical arguments advanced by the plaintiff that the… more

Background Checks, Employer Liability Issues, Fair Credit Reporting Act (FCRA), Hiring & Firing, Job Applicants

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Patrick Kane

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Namrata Kang

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Andrew Kantra

A Victory for Reliable Scientific Opinion in the Third Circuit

A recent Third Circuit decision reinforces that courts must rigorously review - and opposing parties should challenge - the reliability of experts' methodologies. In In re Zoloft (Sertraline Hydrochloride) Products Liability… more

Expert Testimony, Pharmaceutical Industry, Prescription Drugs, Scientific Research, Statistical Analysis

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David Kaplan

An Early Look at New Proxy Disclosures Regarding Stock Option Grant Timing

The primary development in executive compensation disclosure for the 2025 proxy season is new Item 402(x) under Regulation S-K, relating to the disclosure of stock option grant timing policies and practices. Companies with… more

Corporate Governance, Disclosure Requirements, Executive Compensation, Form 10-K, Form 8-K

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Eli Kaplan

Second Circuit Explains Reasonable Investigation Standard in Identity Theft Case Under FCRA

In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the expectations for furnishers when investigating consumer disputes under the Fair Credit Reporting Act (FCRA). In Suluki v. Credit One Bank, No… more

Appeals, Consumer Complaint Management, Consumer Financial Products, Credit Cards, Credit Reporting Agencies

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Josh Kaplowitz

Extreme Makeover – NEPA Edition: Permitting Agencies Strip Their Environmental Review Regulations Down To The Studs

In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National… more

Department of Defense (DOD), Department of Energy (DOE), Department of the Interior, Department of Transportation (DOT), Deregulation

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Michael Karpen

Nonprofit, Multi-Borrower Loans and Other Updates to the Main Street Lending Program

Who Needs to Know - Lenders and potential borrowers considering making loans or borrowing under the MSLP. Why It Matters - In the month of September, the Federal Reserve Bank of Boston (Boston Fed) released multiple… more

Borrowers, CARES Act, Coronavirus/COVID-19, EBITDA, Eligibility

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Cameron Kates

Hub Hub Hooray for the SEC’s FinHub

The SEC is set to challenge the old adage — “the more things change, the more they stay the same” — with the establishment of FinHub as a standalone office. On December 3, the Securities and Exchange Commission (SEC)… more

FinHub, FinTech, Initial Coin Offering (ICOs), Securities and Exchange Commission (SEC)

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Brian Katz

A Path to ESG Disclosure

Regardless of your view of the efficacy of ESG disclosure for publicly-traded companies, investors increasingly are insisting on it, and the advisors that can profit from it the most – proxy advisory firms, large accounting… more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Form 10-K, MD&A Statements

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Gregory Katz

Guidance for Private Funds on Navigating COVID-19 Crisis

The spread of COVID-19 and its impact on the global economy has presented a seemingly endless list of complications for enterprises across a number of industries… more

Business Continuity Plans, Coronavirus/COVID-19, Fiduciary Duty, Investment Management, Private Funds

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Leah Greenberg Katz

What Can the TV Series Succession Teach Us About Harassment? - Hiring to Firing Podcast

What should employers do when they learn about harassment in the workplace? In Episode 8 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Leah Katz sit down with Sarah Goncher, deputy general counsel… more

Anti-Harassment Policies, Harassment, Health Care Providers, Hiring & Firing, Workplace Harassment Guidance

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Jenni Katzer

Pinto v. Farmers Insurance Exchange: California Appellate Court Confirms Juries Must Specifically Find Insurer Acted Unreasonably in Bad Faith Failure to Settle Cases

On March 8, the California Court of Appeal issued an important opinion clarifying that the trier of fact in a bad faith “failure to settle” case must specifically find that the insurer acted unreasonably in order to find against… more

Insurance Industry, Insurance Litigation, Jury Instructions, Jury Trial

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Anthony Kaye

AAA Adopts New Mass Arbitration Rules

On January 15, the American Arbitration Association (AAA) issued amended Mass Arbitration Supplementary Rules and new Consumer Mass Arbitration and Mediation Fee Schedules (collectively, the New Rules). The New Rules will apply… more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitrators, Filing Fees

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Kara Kelleher

The False Claims Act Enters the School Zone

On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI)… more

Affirmative Action, Civil Rights Act, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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Stanley Keller

Conviction in Insider Trading Case Brings New Attention to 10b5-1 Plans

On June 23, the U.S. Department of Justice announced that Terren Scott Peizer, founder of Ontrak Inc., a Miami-based publicly traded health care company, has been sentenced to three and one half years in prison by a California… more

10b5-1 Plans, Appeals, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ)

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Toyja Kelley

Empire Wind 1 Stop-Work Order Targets Offshore Wind but Raises Questions for Other Industries

On Wednesday, April 16, Secretary of the Interior Doug Burgum directed the Bureau of Ocean Energy Management (BOEM) to order Equinor to “stop work” on its 812 megawatt Empire Wind 1 project just outside of New York Harbor… more

Biden Administration, BOEM, Carbon Emissions, Climate Action Plan, Construction Project

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Kevin Kelly

Permanent Changes for Temporary Employees: Illinois Expands Protections for Temporary Employees ‎and Implements Stricter Compliance Requirements for Temporary Agencies and Employers

Amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) became effective on August 4, 2023. These amendments pose serious challenges for the way temporary labor service agencies (“Temp Agencies”) and… more

Employer Liability Issues, Staffing Agencies, State Labor Departments, State Labor Laws, Temporary Employees

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Linnea Kelly

New Staffing Mandates for Long-Term Care Facilities

Last month, on April 22, the Centers for Medicare & Medicaid Services (CMS) issued its Minimum Staffing Standards for Long-Term Care Facilities final rule, which will apply to any long-term care (LTC) facilities that receive… more

Centers for Medicare & Medicaid Services (CMS), Employees, False Claims Act (FCA), Health Care Providers, Healthcare

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Scott Kelly

2024 Credit Reporting Review: Impactful Changes and Future Forecast — FCRA Focus Podcast

In this episode of FCRA Focus, host Dave Gettings is joined by Cindy Hanson, Scott Kelly, and Tim St. George, partners in Troutman Pepper Locke’s Consumer Financial Services Practice Group, to discuss the most impactful… more

Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Credit Reporting Agencies, Credit Reports, Debt Collection

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Jennifer Kenedy

Generative AI and Copyright ‎Infringement: Federal Judge in Stability AI Distinguishes ‎‎Between AI Model Creators and Users – For Now

A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”), Plaintiffs, a… more

Artists, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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Jeffrey Kennedy

Saving Our Small Businesses – Considerations for Lenders upon the Default or Bankruptcy of a Paycheck Protection Program Borrower

With the goal of providing financial relief to companies impacted by the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) amended the Small Business Act to allow the Small Business… more

Borrowers, CARES Act, Commercial Bankruptcy, Coronavirus/COVID-19, Lenders

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Paul Kennedy

New Trademark Fees at USPTO

On January 2, 2021, the U.S. Patent and Trademark Office (Trademark Office) will introduce the modified and new trademark fees summarized below… more

Fees, Trademark Office, Trademarks, USPTO

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Robert Kennedy

Georgia Amends Intangible Recording Tax Statute and Expands Loans Exempt from Tax

On May 9, Governor Brian Kemp signed House Bill 586, revising the definition of “long-term note[s] secured by real estate” that are subject to the intangible recording tax. Under current law, long-term notes are considered any… more

Borrowers, Georgia, Lenders, Loans, Mortgages

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Jonathan Kenney

Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Paris Kent

EO Provides CFIUS Guidance on Conducting National Security Reviews

On September 15, President Biden issued Executive Order 14083 (EO) — “Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States” — providing formal guidance to… more

Biden Administration, CFIUS, Executive Orders, Foreign Investment, National Security

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Andrea Verney Kerstein

Dobbs and the Future of Health Plan ‎Abortion Coverage

The Supreme Court’s June 24 ruling in Dobbs v. Jackson Women’s Health eliminating the constitutional right to an abortion, and leaving states to regulate or restrict the procedure, has created a complex and tangled web of… more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Group Health Plans, Health Insurance

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Alan Kessel

The Impact On Litigation - Troutman Sanders and Pepper Hamilton COVID-19 Litigation Podcast Series

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In… more

Coronavirus/COVID-19, Court Closures, Court Schedules, Data Collection, Defense Strategies

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Steven Khadavi

New York LLC Transparency Act Enacted … Again

On March 1, New York Governor Kathy Hochul signed a new version of the New York LLC Transparency Act (NYLTA) into law, repealing the original version enacted in December 2023. The new NYLTA pushes back the law’s effective date… more

Beneficial Owner, Business Ownership, Corporate Transparency Act, Limited Liability Company (LLC), New Legislation

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Ahmed Khattab

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Susan Kidwell

The Texas Supreme ‎Court Grapples ‎With Standard for Recovering ‎and Reviewing Noneconomic ‎Damages

The Texas Supreme Court recently discussed the standard for recovering and reviewing noneconomic damages in a wrongful-death case. Gregory v. Chohan, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023)‎. The court of appeals had… more

Damages, Non-Economic Damages, Wrongful Death

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Stephen Kiefer

Federal Court in PA Finds Liquidated Damages Provision Unenforceable Where the Per Day Liquidated Damage Amount Was Copied from Contracts for Prior Unrelated Projects Rather than a Project-Specific Forecast of Likely Damages

D.A. Nolt, Inc. v. The Philadelphia Municipal Authority, 2020 BL 199761 (E.D. Pa. May 28, 2020) - The Philadelphia Municipal Authority (the “Authority”) contracted D.A. Nolt, Inc. (“Nolt”) to renovate a building that would… more

Construction Contracts, Construction Disputes, Construction Litigation, Construction Project, Contract Terms

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Kevin Kieffer

California Law Creates Statutory Safe Harbor for Certain Insurers Receiving Time-Limited Pre-Litigation Settlement Demands

A new California statute effective January 1, 2023 contains requirements for claimants and insurers alike when claimants issue pre-litigation time-sensitive settlement demands under automobile, motor vehicle, homeowner, or… more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms, Premises Liability

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Miles Kiger

FERC Rejects Basin’s Special Rate for Crypto and Large Load Customers, Sparking Further Interest in “Large Load” Policy Discussions at FERC

On August 20, 2024, the Federal Energy Regulatory Commission (“FERC”) issued an order rejecting, without prejudice, a contested proposal from Basin Electric Power Cooperative (“Basin”) to establish special wholesale power sales… more

Cryptocurrency, Energy Costs, Energy Policy, Energy Projects, FERC

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James Kim

Appeals Court Blocks CFPB Layoffs Pending Further Review

The U.S. Court of Appeals for the District of Columbia Circuit issued an order temporarily halting the Consumer Financial Protection Bureau’s (CFPB or Bureau) mass layoffs. The court granted an emergency motion to enforce or… more

Appeals, Consumer Financial Protection Bureau (CFPB), Employment Litigation, Executive Orders, Government Agencies

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Paul Stewart Kim

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Michael Kind

CARES Act Guide: Overview of Key Reorganization Provisions and Bankruptcy Code Amendments

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act”, into law. The CARES Act will provide significant financial relief to individuals and small businesses,… more

Bankruptcy Code, CARES Act, Chapter 11, Coronavirus/COVID-19, Reorganizations

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Frederick King

AI in the Operating Room: Liability Issues for Device Makers — The Good Bot Podcast

Join Troutman Pepper Partner Brett Mason for a podcast series analyzing the intersection of artificial intelligence (AI), health care, and the law. In this installment, Brett Mason is joined by Partner Eric Rumanek and… more

Artificial Intelligence, Digital Health, Health Care Providers, Health Technology, Life Sciences

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Kenneth King

Supreme Court Clarifies Scope of Implied Preemption in Prescription Drug Cases

On May 20, the U.S. Supreme Court issued its latest opinion on preemption in cases involving prescription medications, Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290 (U.S. May 20, 2019)… more

Agency Disapproval, Clear Evidence Standard, Failure To Warn, FDA Approval, Federal v State Law Application

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Byron Kirkpatrick

Powering Through the Environmental Challenges of EV Development - Energy Law Insights

Join Troutman Pepper Partners Andrea Wortzel and Byron Kirkpatrick as they delve into the burgeoning world of Electric Vehicle (EV) plant development in the southeastern U.S. and beyond. In addition to exploring the factors… more

Automotive Industry, Carbon Emissions, Electric Vehicles, Energy Sector, Environmental Policies

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Brendan Kirwin

Not Everything Is Bigger in Texas: Court of Appeals Reverses Trial Court’s Expansive Interpretation of Indemnity Clause

RKI Expl. & Prod., LLC v. Ameriflow Energy Servs., LLC, No. 02-20-00384-CV, 2022 Tex. App. LEXIS 4331 (Tex. App. June 23, 2022) - A recent decision by the Court of Appeals of Texas highlights the perils of failing to… more

Construction Contracts, Construction Industry, Contract Terms, Contractors, Indemnification Clauses

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Laura Kleinberg

COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis… more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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Craig Kline

Impacts of the Inflation Reduction Act on US Battery Developers

More batteries. More people. More urgency to reduce grid queues. These are three key demands from companies in the US battery storage sector if the industry is to take full advantage of the IRA, which became law last… more

Clean Energy, Energy Projects, Energy Storage, Inflation Reduction Act (IRA), Investment Tax Credits

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Morgan Klinzing

The One Big Beautiful Bill: Initial Analysis of Key Provisions for Investment Funds and Sponsors

On May 22, 2025, the House of Representatives passed H.R. 1, the budget reconciliation bill known as the One Big Beautiful Bill Act (the Tax Bill). The Tax Bill proposes amendments to the Internal Revenue Code (the Code) that… more

Federal Budget, Fund Managers, Income Taxes, Internal Revenue Code (IRC), Investment Funds

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Brad Knapp

Riding the Regulatory Wave: BOEM ‎Issues New Rules for Surfing the ‎Provision of Financial ‎Assurance

The regulatory seascape for financial assurance related to offshore oil and gas production and decommissioning in federal waters has come in waves over the past decade, and like waves, the regulations often build momentum only… more

BOEM, Energy Sector, Offshore Lease, Oil & Gas

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Heryka Knoespel

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Gary Knopf

Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Disputes, Contract Interpretation

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Jennifer Shea Knox

Microsoft 365 eDiscovery Updates‎

eMerge recently hosted a webinar exploring the latest changes to Microsoft 365 Purview's eDiscovery solution. Our panel of attorneys and technologists examined the nature of these updates and discussed the preparatory steps… more

Client Services, Data Management, Data Preservation, Discovery, Document Review

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Kathleen Knudsen

Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Zach Kobokovich

California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage

On June 7, the California Supreme Court issued an important opinion clarifying the circumstances under which an insured may trigger coverage under an excess policy in relation to a loss spanning multiple policy periods. This… more

CA Supreme Court, Excess Policies, Insurance Claims, Insurance Litigation, Policy Terms

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Adam Kobos

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

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James Koenig

DOJ’s Latest Guidance on the Data Security Program – What’s New?

The new Department of Justice (DOJ) Data Security Program (DSP) took effect on April 8… more

Corporate Counsel, Covered Person, Cybersecurity, Data Brokers, Data Protection

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Kyle Kohler

Navigating Complexities in Tax Equity Transactions - Energy Law Insights

Explore the complexities of tax equity transactions in the energy sector with Troutman Pepper’s attorneys Carl Bivens, Nick Guttman, and Kyle Kohler. Through real life case studies, learn about the challenges faced during due… more

Electricity, Energy Market, Energy Projects, Energy Sector, Tax Equity

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John Komisin

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Stephen Kong

Open COVID Pledge and Free Licensing Opportunities: Issues to Consider Before Accepting

Many of the world’s leading technology companies have signed on to the “Open COVID Pledge,” which calls for companies to make intellectual property licensable for free for purposes of ending and minimizing the impact of the… more

Amazon Marketplace, Copyright, Coronavirus/COVID-19, Facebook, Fees

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Russell Kooistra

FERC Rejects Co-Located Load Increase Proposal at Nuclear Facility

On November 1, 2024, the Federal Energy Regulatory Commission (“FERC”) rejected an amended Interconnection Service Agreement (“ISA”) filed by PJM Interconnection, L.L.C. (“PJM”) that proposed increasing the co-located data… more

FERC, Infrastructure, Interconnections, Nuclear Power, Service Agreements

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Todd Kornfeld

President Biden’s Working Group on Financial Markets Issues Report on Stablecoins

On November 1, the President’s Working Group on Financial Markets (PWG), along with the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency, issued a “Report on Stablecoins” (Report) that… more

CFTC, Cryptocurrency, Digital Assets, Securities and Exchange Commission (SEC), Stablecoins

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Nicholas Kouletsis

EPA'S Hazardous Waste Pharmaceuticals Rules May Impose Significant Burdens on Health Care Facilities - Comment Period Runs Until December 24, 2015

The Environmental Protection Agency (EPA) has promulgated its proposed regulation of “hazardous waste pharmaceuticals,” i.e., pharmaceutical residues discarded from health care facilities which also meet EPA’s long-standing… more

Compliance, Continuing Care Retirement Communities, Controlled Substances, Controlled Substances Act, Dental Practice

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Melina Kountouris

2024 D&O and Professional Liability Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country… more

Board of Directors, Corporate Governance, D&O Insurance, Fiduciary Duty, Insurance Litigation

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Deborah Kovsky-Apap

Senate Banking Committee Unveils Principles for Digital Asset Market Structure Legislation

On June 24, Senate Banking Chairman Tim Scott (R-SC), Subcommittee on Digital Assets Chair Cynthia Lummis (R-WY), Senator Thom Tillis (R-NC), and Senator Bill Hagerty (R-TN) released a set of guiding principles for the… more

Cryptocurrency, Digital Assets, Financial Institutions, Financial Markets, Financial Regulatory Reform

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Jacob Kozaczuk

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Stephanie Kozol

Nevada’s Price-Fixing Bill Veto Sparks Debate

In a recent political development in Nevada, Governor Joe Lombardo vetoed Assembly Bill 44, a legislative effort aimed at curbing alleged price-fixing practices on essential goods and services championed by Nevada Attorney… more

Anti-Competitive, Consumer Protection Laws, Government Agencies, Governor Vetoes, Nevada

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Merrill Kraines

Proposed Rule Would Allow Expanded Solicitations of Interest Prior to a Registered Public Offering

On February 28, the Securities and Exchange Commission proposed a new rule under the Securities Act of 1933. The new rule 163B would expand the availability to follow-on and other registered offerings and to all issuers of “test… more

Accredited Investors, Comment Period, EGCs, Gun-Jumping, Proposed Rules

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Kay Standridge Kress

Restructuring In The Time Of Coronavirus

An increasing number of businesses — even those that have traditionally been financially and operationally sound — are now experiencing unanticipated revenue losses as a result of the coronavirus pandemic. Companies may find… more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Corporate Restructuring

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Lindsey Kress

Feeling the Heat: Strategies to Keep Cool Under California's Consumers Legal Remedies Act — The Consumer Finance Podcast

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Locke Partners Lindsey Kress and Regina McClendon to analyze the complexities of the California Consumers Legal Remedies Act (CLRA). The… more

California, Class Action, CLRA, Consumer Protection Laws, Litigation Strategies

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Millie Krnjaja

District Judge Orders Return of Mootness Fees in Akorn Shareholder Lawsuits and Hints at Further Sanctions

In a decision that resonates with many critics of mootness fees, a U.S. district judge for the Northern District of Illinois ordered counsel for Akorn Inc. shareholders to return $332,500 in attorneys’ fees extracted from a… more

Appeals, Class Action, Litigation Strategies, Mergers, Sanctions

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Omer Kuebel III

Riding the Regulatory Wave: BOEM ‎Issues New Rules for Surfing the ‎Provision of Financial ‎Assurance

The regulatory seascape for financial assurance related to offshore oil and gas production and decommissioning in federal waters has come in waves over the past decade, and like waves, the regulations often build momentum only… more

BOEM, Energy Sector, Offshore Lease, Oil & Gas

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Mark Kundmueller

FTC Issues Report to Congress on the Fraud Threats Faced by Older Consumers

On October 18, the Federal Trade Commission (FTC) issued a report to Congress in which it outlined its ongoing efforts to protect older Americans from fraud related losses… more

Consumer Fraud, Consumers, Elder Issues, Enforcement Actions, Federal Trade Commission (FTC)

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David Kupetz

Too Much of a Good Thing: Congress Allows Increased Subchapter 5 Eligibility Level to Expire

Over the past few years, one of the universally celebrated success stories in the bankruptcy and restructuring world has been Subchapter V of the Bankruptcy Code. Created by the Small Business Reorganization Act of 2019 (the… more

Bankruptcy Code, CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19

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Jason Kutcher

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Laura Anne Kuykendall

First Amendment Presumption of Access to Summary Judgment Filings Attaches Upon Filing

The Fourth Circuit has clarified the standard for evaluating a nonparty’s attempt to access sealed summary judgment filings under the First Amendment. In United States ex rel. Oberg v. Nelnet, Inc., — F.4th –, No. 23-1808, 2024… more

Department of Education, False Claims Act (FCA), First Amendment, Right-To-Access, Sealed Records

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Judy Kwok

Keys to IRA Tax Breaks for US Green Energy, EV Production

On Aug. 16, President Joe Biden signed the Inflation Reduction Act into law. The legislation includes landmark tax incentives for domestic energy production and manufacturing, with the goal of reducing carbon emissions in the… more

Biden Administration, Clean Energy, Electric Vehicles, Energy Projects, Energy Tax Incentives

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Sophia Kwon

New York State Legislature Adopts Substantial Disclosure Requirements in Certain Commercial Finance Transactions, Including for the Merchant Cash Advance Industry and Others Copy

On Thursday, July 23, 2020, the New York State Legislature voted to approve companion bills (S 5470/A 10118-A), commonly referred to as the “New York State Small Business Truth in Lending Act” (NY TILA). In passing the NY TILA,… more

Banking Sector, Commercial Loans, Department of Business Oversight, Disclosure Requirements, Financial Institutions

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Esther Kye

Streaming Under Scrutiny: Michigan AG Alleges Roku Violates COPPA and Other Privacy Laws

On April 29, Michigan Attorney General (AG) Dana Nessel filed a lawsuit against Roku, Inc. (Roku), the smart TV and device provider and streaming service, alleging that Roku collects and monetizes personal data from children… more

COPPA, Data Collection, Data Privacy, Enforcement Actions, Internet Streaming

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Brooke Labonski

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Michael Lacy

Fourth Circuit Holds UCC Article 4A Requires Beneficiary Bank’s Actual Knowledge for Wire Misdescription Liability in Business Email Compromise Scam Case

On March 26, the U.S. Court of Appeals for the Fourth Circuit reversed a district court’s decision holding a credit union liable for a wire transfer in a business email compromise scam case where the credit union lacked “actual… more

Appeals, Credit Unions, Cyber Crimes, Financial Crimes, Financial Institutions

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Michael Lafleur

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Chelsea Lamb

Biden to Nominate Privacy Advocate Alvaro Bedoya as an FTC Commissioner

On September 13, President Biden announced his intent to nominate privacy advocate Alvaro Bedoya to serve as a commissioner of the Federal Trade Commission (FTC). If confirmed, Bedoya will take the seat currently held by Rohit… more

Biden Administration, Federal Trade Commission (FTC), FTC Commissioners, Presidential Nominations

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James Lamberth

FTC Policy Statement Seeks to Expand US Antitrust Enforcement

On November 10, the Federal Trade Commission (FTC) issued a “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act” (Policy Statement). The Policy Statement was… more

Antitrust Provisions, Federal Trade Commission (FTC), FTC Act, Section 5, Sherman Act

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Brielle Landis

Newly Released CFIUS Enforcement and Penalty Guidelines

The Department of the Treasury, as chair of the Committee on Foreign Investment in the United States (CFIUS), recently issued CFIUS Enforcement and Penalty Guidelines. While CFIUS — the committee that reviews potential national… more

CFIUS, Cross-Border Transactions, Foreign Investment, National Security

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Jennifer Lang

COVID-19 Disruptions Prompt Relief From Certain Public Company Reporting Deadlines - Updated March 25

The U.S. Securities and Exchange Commission (SEC) initially announced on March 4 that it is providing conditional regulatory and time-limited relief from certain filing and periodic reporting obligations under the Securities… more

Coronavirus/COVID-19, Corporate Governance, Publicly-Traded Companies, Relief Measures, Securities and Exchange Commission (SEC)

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Jason Langford

Foreign Private Issuers: Have You Assessed Your Status Under US Securities Laws? (UPDATED)

For foreign private issuers registered with the U.S. Securities and Exchange Commission (SEC), there are several filing statuses that affect the content of various disclosures that must be made public. Foreign private issuers… more

Accelerated Filers, Canada, Disclosure Requirements, Emerging Growth Companies, Filing Requirements

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Daryl Lapp

OCR’s Directive on Race-Conscious Policies in Higher Education

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student programming,… more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Eric Larson

The One Big Beautiful Bill: Initial Analysis of Key Provisions for the Real Estate Industry

On May 22, 2025, the House of Representatives passed H.R. 1, the budget reconciliation bill known as the One Big Beautiful Bill Act (the Tax Bill). The Tax Bill proposes amendments to the Internal Revenue Code (the Code) that… more

Federal Budget, Internal Revenue Code (IRC), Investment Funds, IRS, Proposed Amendments

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Monique Lashbrook

COVID-19 Commercial Leasing Trends (Part One)

Troutman Pepper COVID-19 Legal Issues Podcast Series Troutman Pepper is producing a series of podcasts on legal and business issues faced by companies during the COVID-19 pandemic. This episode features Troutman Pepper Real… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Negotiations, Contract Termination

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Ryan Last

M&A and Global Compliance Lessons From OFAC’s Settlement With Key Holding

On July 2, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) reached a settlement with Key Holding, LLC (Key Holding) concerning its non-U.S. subsidiary’s violations of the Cuban Assets Control… more

Acquisition Agreements, Cuban Assets Control Regulations (CACR), Due Diligence, Economic Sanctions, Enforcement Actions

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Irwin Latner

Investment Management Update - September 2020

RULEMAKING AND GUIDANCE - SEC Adopts Amendments to Exemptive Applications Procedures - On July 6, 2020, the U. S. Securities and Exchange Commission adopted rule amendments to establish an expedited review procedure for… more

Amended Rules, Compliance, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Ethics

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Francis Lawall

Delaying Rent Payment by Assisted Living and Skilled Nursing Facilities in Chapter 11

The lifeblood of any debtor operating in Chapter 11 is access to cash to maintain ongoing operations. This is particularly important in cases involving assisted living and skilled nursing facilities given the health, safety, and… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Commercial Leases

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R. Carter Lawson

Factually v. Legally Inaccurate Information, The Difference Matters: Court Rejects FCRA Claims Based on Disputed Legal Issue

On January 21, 2021, the United States District Court for the Northern District of Illinois granted TransUnion Data Solutions LLC’s (Trans Union) motion for judgment on the pleadings, denying Blue Sobenes’ (Sobenes) claims… more

Consumer Reporting Agencies, Credit Reports, Debt Buyers, Debt Collection, Fair Credit Reporting Act (FCRA)

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P. Thao Le

Exploring Carried Interest in Upper Tier Private Equity Structures — PE Pathways

In this episode of PE Pathways, Thao Le, a partner in the firm's Private Equity practice, hosts a discussion with Partners Josh Gelfand and Thomas Gray. Josh is in the firm's Employee Benefits + Executive Compensation practice,… more

Carried Interest, Employee Benefits, Executive Compensation, Incentives, Private Equity

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Peter Leary

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

See all updates »

Cindy Lee

CA Court of Appeal Affirms Bar on Recovery of Licensed General Contractor for Work Performed by Its Unlicensed Subcontractor

Most are familiar with California’s harsh penalty for unlicensed contractor work. California Business and Professions Code Section 7031 (Section 7031) bars any recovery for compensation for work performed by an unlicensed… more

Construction Industry, Construction Project, Contractors, General Contractors, Subcontractors

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Connie Lee

Third Circuit Provides Manufacturers With Roadmap to Avoid Class Antitrust Claims Brought by Direct Purchasers

The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a… more

Anti-Competitive, Antitrust Litigation, Antitrust Provisions, Antitrust Violations, Arbitration

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Helen Lee

OCC Ceases Examinations for Reputation Risk Following Legislative Push

On March 20, the Office of the Comptroller of the Currency (OCC) announced that it will no longer examine its regulated institutions for reputation risk. According to the OCC’s “Categories of Risk,” reputation risk is the risk… more

Banking Examinations, Banks, Depository Institutions, Financial Regulatory Reform, Legislative Agendas

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Kristalyn Lee

Noncompete Covenants in Deferred Compensation Plans: Proceed with Caution

Supplemental executive retirement plans (SERPs) and other forms of deferred compensation plans sometimes incorporate certain post-employment restrictive covenants for covered employees into the plan… more

Compensation & Benefits, Competition, Deferred Compensation, Employee Benefits, Employees

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Robert Lee

Top 5 Anticipated Changes to the Immigration Landscape During Trump's New Term

President Donald Trump's return to the Oval Office is expected to reshape U.S. policies related to immigration. Many of those changes will impact U.S. employers, even those without employees on work visas. Here are the top five… more

Corporate Counsel, Employment Authorization Documents (EAD), Enforcement Actions, Foreign Workers, H-1B

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Jane Fox Lehman

NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy

Bank of America, N.A. v. ASD Gem Realty LLC, 205 A.D.3d 1, 164 N.Y.S.3d 566 (2022). - ASD Gem Realty LLC and ASD Diamond, Inc. (together, ASD or Owner) contracted Sweet Construction Corp. (Sweet) to renovate a commercial… more

Construction Contracts, Construction Industry, Construction Project, Contractors, Subcontractors

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Gunnar Leinberg

Disputing Patent-Eligible Subject Matter in PGRs and IPRs - Patents: Post-Grant Podcast

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper… more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent-Eligible Subject Matter, Post-Grant Review

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Gregory Len

Patent Litigation Filings May Rise as GDP Falls for First Time in Three Years: Key Insights for Plaintiffs and Defendants

While there’s no definitive consensus, economists are closely monitoring the possibility of entering a recession this year. Economists agree a recession is not imminent, but caution the odds of facing a recession are higher than… more

Filing Fees, Intellectual Property Protection, International Trade Commission (ITC), Litigation Strategies, Patent Applications

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Bradley Lennie

Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis

The case demonstrates that the eligibility analysis is highly fact-specific and dependent on properly construed claims. In McRO, Inc. v. Bandai Namco Games America Inc., a panel of the U.S. Court of Appeals for the Federal… more

Abstract Ideas, Animation, Claim Construction, CLS Bank v Alice Corp, Computer-Related Inventions

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John Leonti

Top Five Private Equity Investment Trends in US Energy: How Leading Private Equity Investors View Deal Opportunities Across the U.S. Energy Sector in 2025 and Beyond

This report draws insights from Troutman Pepper Locke attorneys and leading industry specialists to highlight the private equity investment trends currently reshaping the sector. The findings provide a picture of where… more

Acquisition Agreements, Coal Industry, Critical Infrastructure Sectors, Data Centers, Energy Storage

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Zachary Lerner

Florida Bill Eliminating the Surplus Lines Diligent Effort Requirement and a Discussion on Surplus Lines Regulation Trends

On June 13, Florida Gov. Ron DeSantis signed House Bill 1549 into law. Among other things, the bill has removed the “diligent effort” requirement applicable to surplus lines agents… more

Brokers, Commercial Insurance Policies, Consumer Insurance Products, Due Diligence, Florida

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Kevin LeRoy

Supreme Court Reverses Affirmative Action

What the Court’s ruling on race-conscious admissions means for higher education - On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that… more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Christina Lesko

Supreme Court Holds Bankruptcy Code Abrogates Tribal Immunity

In January, the U.S. Supreme Court agreed to hear Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin after the First Circuit barred the Lac du Flambeau Band from seeking to collect on a $1,600 debt obligation to… more

Bankruptcy Code, Bankruptcy Court, Chapter 13, Debt Collection, Financial Services Industry

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Susan Lessack

Are There Any Risks to Using AI to Enhance Diversity in the Workplace?

Q: Are there any risks to using AI to enhance diversity in the workplace?… more

Adverse Employment Action, Algorithms, Artificial Intelligence, Diversity and Inclusion Standards (D&I), Employer Liability Issues

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Thomas Letizia

New Jersey Increases Mansion Tax Rates and Shifts Payment Obligation to Sellers

On June 30, Governor Phil Murphy signed Bill A5804 into law, amending N.J.S.A. § 46:15-7.2-7.4; N.J.S.A. § 54:15C-1, and introducing significant changes to New Jersey’s realty transfer tax structure. These changes — effective… more

Buyers, Governor Murphy, New Jersey, New Legislation, Property Tax

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Taylor Levesque

The Texas Business Court’s First Thirty Days

The Texas Business Court opened September 1, 2024. In the months before the specialized trial court opened, Governor Abbott appointed ten judges to hear cases in five of Texas’ eleven Judicial Administrative Regions, serving 80… more

Business Court, Business Disputes, Business Litigation, Commercial Litigation, Jurisdiction

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Alan Levin

Between a Claim and a Hard Place: OFAC Sanctions Preempt State Insurance Laws

U.S. sanctions laws present complex conflicts with state insurance laws. While state laws govern the timely payment of claims and other insurance practices, U.S. sanctions administered by the U.S. Department of the Treasury’s… more

Economic Sanctions, Foreign Policy, Foreign Relations, Insurance Industry, NYDFS

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Angela Levin

District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment

On March 31, U.S. District Judge Christine Arguello found that the Federal Power Act (FPA) is the exclusive authority with regards to controversies related to Federal Energy Regulatory Commission (FERC) -issued hydroelectric… more

Clean Water Act, FERC, Permits, Section 404

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James Levine

Delaware Court of Chancery Rules Noncompetition Clause Unenforceable By Subsidiaries Unless Identified in Agreement

In Frontline Techs. Parent, LLC v. Murphy (Aug. 23, 2023), the Delaware Court of Chancery rejected enforcement of former employees’ noncompetition restrictions because the agreement language did not prohibit competition with the… more

Former Employee, Non-Compete Agreements, Restrictive Covenants, Subsidiaries

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Jan Levine

Federal Court Denies DOJ's Request to File Statement of Interest in Pending McDonald's No-Poach Class Action

The Biden administration's Department of Justice, Antitrust Division (DOJ) continues a practice largely begun under the Trump administration of intervening in private litigation and requesting permission to file statements of… more

Antitrust Division, Antitrust Violations, Department of Justice (DOJ), Franchises, No-Poaching

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John Levonick

New York Signals the Importance of Technology in Consumer Financial Protection

The New York Department of Financial Services (NYDFS) recently surprised financial services’ compliance and legal professionals by announcing the creation of a “Consumer Protection and Financial Enforcement Division.”… more

Artificial Intelligence, Big Data, Blockchain, Cryptocurrency, Digital Wallets

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Jeremy Levy

The Demystification of Employee Retention Credits for Private Equity Deals — PE Pathways Podcast

In this episode of PE Pathways, Thao Le, Jeremy Levy, and Tom Gray discuss the intricacies and implications of employee retention tax credits (ERCs) for private equity and M&A transactions. While ERCs were created in response to… more

Acquisitions, Corporate Taxes, Due Diligence, Employee Retention, IRS

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Clark Lewis

Government Affairs - The Senate

INTRODUCTION - Although several Senate races are too early or too close to call officially, it appears that Republicans will retain their majority in the 117th Congress. As of Wednesday morning, Senate Democrats have… more

Election Results, Political Candidates, Political Parties, Senate Committees

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Ryan Lewis

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Angelica Li

Extreme Makeover – NEPA Edition: Permitting Agencies Strip Their Environmental Review Regulations Down To The Studs

In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National… more

Department of Defense (DOD), Department of Energy (DOE), Department of the Interior, Department of Transportation (DOT), Deregulation

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Zhibin Li

Federal Circuit Held Vanda’s Method of Treatment Claims Are “Application of Nature Law”—While Chief Judge Prost Dissented

On April 13, 2018, in a split decision, the Federal Circuit held that Vanda Pharmaceuticals Inc.’s method of treatment claims are directed to patent-eligible subject matter under step one of the Mayo two-step test. Vanda Pharm… more

Patent Infringement, Patent Litigation, Patent-Eligible Subject Matter, Patents, Pharmaceutical Patents

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Jason Lichter

Cleared for Takeoff? Copilot Legal and Technical Preflight Checklist

Millions of companies use the Microsoft 365 suite of tools every day to create, communicate, and collaborate, but far fewer have adequately grappled with the legal risks introduced by Copilot, the powerful generative AI… more

Artificial Intelligence, Corporate Governance, Cybersecurity, Data Management, Data Privacy

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Bart Lieben

New Mechanism for Cross-Border Data Transfer: The EU-U.S. Data Privacy Framework

On June 10, 2023 the European Commission (the “Commission”) issued an adequacy decision on the new EU-U.S. Data Privacy Framework (the “DPF”). The decision restored free transfer of data between the EU and U.S. after three years… more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Privacy, Data Protection, Data Security

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Alexandra Lilly

Pennsylvania Supreme Court Decision Broadens Medical Peer Review Protections in Leadbitter v. Keystone Anesthesia Consultants

The Pennsylvania Supreme Court issued an order and opinion on August 17 holding that medical peer review documents do not need to be generated by a “peer review committee” to be protected under the Pennsylvania Peer Review… more

Health Care Providers, Hospitals, PA Supreme Court, Peer Review, Physicians

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Robyn Lin

CFPB Publishes Report on State Privacy Law Exceptions for Financial Information

On November 12, the Consumer Financial Protection Bureau (CFPB) released a new report titled, “State Consumer Privacy Laws and the Monetization of Consumer Financial Data.” The report provides an overview of the state… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Information, Consumer Privacy Rights, Data Privacy

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Tina Lin

Trade Dress Disputes Continue To Be a Bitter Pill in Pharma

A recent federal court decision highlights the delicate balance between U.S. Food and Drug Administration (FDA) guidance and trade dress protections for drugs administered in a tablet or capsule form. Last month, a district… more

Food and Drug Administration (FDA), Generic Drugs, Healthcare, Intellectual Property Litigation, Intellectual Property Protection

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Heath Linsky

Court Vacates SEC's Share Repurchase Rule

On December 19, the U.S. Court of Appeals for the Fifth Circuit filed an order vacating the Securities and Exchange Commission's (SEC) share repurchase rule. This action officially kills the share repurchase rule, at least for… more

Final Rules, Repurchase Agreements, Repurchases, Securities and Exchange Commission (SEC), Securities Regulation

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Lauren Lisauskas

SEC Settlement Shows Commission’s Willingness to Waive Penalties for Investigatory Targets Focusing on Corrective Action

On January 28, the Securities and Exchange Commission (SEC or Commission) issued a press release, announcing the settlement of various fraud charges against a private technology company in light of their “significant remedial… more

Anti-Fraud Provisions, Corporate Counsel, Corrective Actions, Rule 10b-5, Securities Act of 1933

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Jennifer Lisi

Rhode Island Implements Non-Liquidating Receivership Program to Assist Businesses Impacted by COVID-19

On March 31, 2020, the Rhode Island Superior Court announced a temporary program to aid previously healthy businesses that have become insolvent due to the COVID-19 pandemic in Rhode Island. The COVID-19 Non-Liquidating… more

Coronavirus/COVID-19, Insolvency, Receivership

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Kenneth Listwak

How Can a Consignor Perfect Consignment Rights Before a Bankruptcy Is Filed - Creditor’s Rights Toolkit

Consignments may be governed by either common law or Article 9 of the Uniform Commercial Code, the latter of which requires the consignor to comply with various procedures in order to perfect its security interest in the… more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Distressed Debt, Restructuring

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Frank Liu

EV Tech Series: IP Enforcement at the ITC and Federal Courts - Battery + Storage Podcast

Over the past decade, there has been a significant push in investing in green and renewable technologies, particularly in battery, solar, and wind technologies. As a result, an increase in patent filings in this space has… more

Energy Sector, Green Energy, Intellectual Property Litigation, Intellectual Property Protection, International Trade Commission (ITC)

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Jordi de Llano

Recent Developments in Anti-Money Laundering - The Consumer Finance Podcast

Please join Consumer Financial Services Partner Chris Willis and his colleague and fellow Partner Jordi de Llano as they discuss recent developments in anti-money laundering. In this episode, the attorneys examine FinCen’s… more

Anti-Money Laundering, Bank Secrecy Act, Consumer Financial Products, Corporate Transparency Act, Financial Institutions

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Susie Lloyd

Texas AG Challenges HHS Privacy Rules

On September 4, Texas Attorney General (AG) Ken Paxton filed a lawsuit against the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), challenging two key Health Insurance Portability and Accountability… more

Data Privacy, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Healthcare, HIPAA Privacy Rule

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Brandon Lobb

Well, Well: Outlook for CCUS Projects in Texas Improves as EPA Proposes to Delegate Permitting Authority and the Texas Supreme Court Clarifies Pore Space Ownership

On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells pursuant… more

Carbon Capture and Sequestration, Drinking Water, Energy Projects, Environmental Protection Agency (EPA), Oil & Gas

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Jessica Lohr

Using Expert Witnesses in FCRA Cases - FCRA Focus

Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Jessica Lohr as they discuss the use of expert witnesses in FCRA cases. During this episode the team covers a multitude of relevant topics,… more

Class Certification, Damages, Expert Witness, Fair Credit Reporting Act (FCRA), Federal Industry Standards

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Steven London

[Webinar] Acquiring a Company with Government Contracts: A Checklist of Unique Issues and Considerations - June 15th, 8:30am EDT

Pepper Hamilton invites you to attend a webinar discussing the unique issues to be considered when acquiring a company that does business with the federal government… more

Acquisition Agreements, Acquisitions, Federal Contractors, Webinars

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Sara Longtain

Return to Work Considerations

As government officials debate the timeline and criteria for reopening the country, employers are beginning to consider a return to some version of normalcy. After weeks of sheltering in place and teleworking, the prospect of… more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Risk Assessment

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Anne Loomis

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

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Thomas Loose

Texas Supreme Court Holds Financial ‎Institutions May Be Served Only Through Their Registered ‎‎Agent

In an attempt to invalidate mortgage liens without affording lienholders due process, borrowers (and purchasers of real estate subject to a mortgage lien) sometimes pursue quiet title actions premised upon suspect attempts to… more

Banking Sector, Financial Institutions, Liens, Mortgages

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Michael Lowe

NCAA Settlement Implementation: Key Insights for Division I Institutions

A week after the approval of the $2.5 billion class action settlement of House v. NCAA (settlement), the NCAA and defendant conferences (i.e., Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference,… more

Arbitration, College Athletes, Compensation & Benefits, Intellectual Property Protection, Name and Likeness

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Stephen Lozier

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Di'Vennci Lucas

Why Should I Register My Trademark?

You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is designed… more

Brand, Enforcement, Goods or Services, Intellectual Property Protection, International Trademark Protection

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Robert Ludolph

Are You Ready For Your Next Audit?

By now, federal contractors should have taken a hard look at their current Affirmative Action Plan (AAP) policies, procedures and documentation to ensure compliance with the new requirements. Under the Office of Federal Contract… more

Affirmative Action, Audits, Federal Contractors, Hiring & Firing, OFCCP

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Kalama Lui-Kwan

Trends in Mass Arbitration

Mass arbitration continues to be a significant and evolving issue in the legal landscape, particularly for consumer, healthcare, and employment disputes. The American Arbitration Association (AAA) recently released data from… more

American Arbitration Association, Arbitration, Arbitration Agreements, Arbitration Awards, Class Action

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Matthew Lund

The Nuts And Bolts Of Local Practice In The Eastern District Of Michigan (Part 3): A Guide To Practicing In The U.S. District Court For The Eastern District Of Michigan, Adapted From The Federal Bar Association's Handbook On Local Practice In The Eastern District Of Michigan

A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local ADR… more

Arbitration, Arbitration Agreements, Attorney's Fees, Case Management, Disclosure

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Lauren Judy Luptak

ESG and Corporate Reporting

A NIRI Philadelphia chapter virtual meeting addressed new SEC “human capital” disclosure requirements and stricter proxy advisor policies on board diversity that will shape corporate reporting during the coming… more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Form 10-K, Human Capital

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Jacob Lutz III

New York Department of Financial Services Issues New Guidance on Cybersecurity Risks Arising from Artificial Intelligence

On October 16, the New York State Department of Financial Services (NY DFS) issued an industry letter to entities regulated by NY DFS (covered entities) providing guidance addressing the cybersecurity risks associated with the… more

Artificial Intelligence, Covered Entities, Cyber Attacks, Cybersecurity, Data Management

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Joel Lutz

Do You Know Where Your Data Is Going? On April 8, New National Security Rules Take Effect

A groundbreaking new regulatory regime, imposing rules unlike any in existing U.S. law, may surprise many companies due to its sudden adoption and complexity. This article tries to simplify the changing regulatory landscape,… more

China, Cybersecurity, Data Privacy, Data Protection, Data Security

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John Lynch

Fourth Circuit Holds SCRA Does Not Bar Mandatory Arbitration in Consumer Agreements, Forcing Portion of Class Action Into Arbitration

On January 27, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a significant opinion holding that the Servicemembers Civil Relief Act (SCRA) does not prohibit the enforcement of arbitration… more

Appeals, Arbitration, Arbitration Agreements, Class Action, Consumer Financial Contracts

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Chelsea MacArthur

OCC Proposes Rescission of June 2020 CRA Rulemaking and Releases FAQs

The Office of the Comptroller of the Currency (OCC) issued a proposal to rescind its June 2020 Community Reinvestment Act (CRA) rulemaking and replace it with previous rules jointly adopted by the OCC, the Federal Reserve Board… more

Banking Sector, Community Reinvestment Act, FDIC, Federal Reserve, OCC

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Christy MacGregor

The False Claims Act Enters the School Zone

On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI)… more

Affirmative Action, Civil Rights Act, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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Marc Machlin

Driving Change: Scaling Up EVs in the U.S.

We are pleased to publish our latest white paper, entitled Driving Change: Scaling Up EVs in the U.S." The report highlights the challenges of expanding electric vehicles (EVs) and EV battery manufacturing in the U.S. Outdated… more

Air Pollution, Automotive Industry, Carbon Emissions, Charging Stations, Clean Energy

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Elizabeth Mack

Keeping Track of the Trump Executive Actions

President Trump hit the ground running, issuing more executive orders, memoranda, and other actions on Inauguration Day than any previous president. Agencies are already working to implement those actions. Many of the actions… more

Clean Energy, Climate Change, Endangered Species Act (ESA), Energy Policy, Environmental Justice

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Megan Mackie

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,… more

California, Discrimination, Employees, Employer Liability Issues, Healthcare

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David Madrazo

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Samrah Mahmoud

California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage

On June 7, the California Supreme Court issued an important opinion clarifying the circumstances under which an insured may trigger coverage under an excess policy in relation to a loss spanning multiple policy periods. This… more

CA Supreme Court, Excess Policies, Insurance Claims, Insurance Litigation, Policy Terms

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Ummehani Majeed

There Is a Big Difference Between ‎‎“Void” and “Voidable”‎

In the iconic “The Princess Bride,” Miracle Max observes that there is a big difference between “all dead” and “mostly dead” and then goes on to prove it. In Holifield v. XRI Investment LLC, 2023 WL 5761367 (Del. Supr. Sept. 7,… more

Breach of Contract, Limited Liability Company (LLC), LLC Agreements, Void Contracts

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Michael Malfettone

Locke Lord Deep Dive: Treasury Issues Final Regulations Providing Guidance on Transfer of Certain Credits Under the Inflation Reduction Act

On April 30, 2024, the Internal Revenue Service (“IRS”) and the U.S. Treasury Department (“Treasury”) published Final Treasury Regulations (T.D. 9993) (the “Final Regulations”) providing guidance relating to the election under… more

Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits, IRS

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Andrew Malik

NJ Prescribers Now Subject to New Limits on Payments From Pharma Manufacturers

A recently finalized New Jersey rule imposes new limits on prescriber acceptance of gifts and compensation from pharmaceutical manufacturers and their agents, and will likely have a significant impact on many prescriber service… more

Health Care Providers, Manufacturers, Meals-Gifts-and Entertainment Rules, Pharmaceutical Industry, Physician Payments

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Isabelle Mandel

Ready for the Biotech Bounce Back in 2024?

Heading into 2024, expectations for biotech venture capital (VC) and private equity (PE) investments were low following two lackluster years, but as we wrap up Q1, those expectations have been turned on their head after a strong… more

Artificial Intelligence, Biotechnology, Corporate Sales Transactions, Initial Public Offering (IPO), Investors

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Louis Manetti Jr.

Proposed Mortgage Assistance Rule: Tips for Servicers

On July 10, the Consumer Financial Protection Bureau issued a proposed rule that would alter the current Regulation X mortgage servicing procedures in favor of a system that broadly construes requests for assistance, and stays… more

Borrowers, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Mortgage Lenders

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Tsitsi Mangosho

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

See all updates »

Richard Manley Jr.

Changes to the Application of Bond and ‎Note Premium Under Massachusetts Law

The law governing the use of bond and note premium received by Massachusetts municipalities and ‎districts, Section 20 of Chapter 44 of the Massachusetts General Laws, was recently amended. Any ‎premium received upon the sale of… more

Bonds, Borrowers, Municipalities, Public Finance

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Drew Mann

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the… more

Algorithms, Analytics, Antitrust Division, Antitrust Provisions, Antitrust Violations

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Emma Mann

Patent Litigation Filings May Rise as GDP Falls for First Time in Three Years: Key Insights for Plaintiffs and Defendants

While there’s no definitive consensus, economists are closely monitoring the possibility of entering a recession this year. Economists agree a recession is not imminent, but caution the odds of facing a recession are higher than… more

Filing Fees, Intellectual Property Protection, International Trade Commission (ITC), Litigation Strategies, Patent Applications

See all updates »

Lindsey Mann

PFAS MCL Summary

On April 8, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a final rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA). The final rule, which… more

Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, PFAS

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Michael Mann

OCC Publishes Semiannual Risk Perspective for Fall 2020 – Key Issues and Effects of COVID-19

Why It Matters - On November 9, the Office of the Comptroller of the Currency’s (OCC) National Risk Committee issued its Semiannual Risk Perspective for fall 2020 (Report), providing a review of issues facing banks and… more

CARES Act, Coronavirus/COVID-19, OCC, Paycheck Protection Program (PPP)

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Jason Manning

Harnessing the Power of eDiscovery: The Revolution of AI and Technology in Litigation and Investigations - The Consumer Finance Podcast

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Locke Partners Joseph DeFazio and Jason Manning, along with Alison Grounds, founder and managing partner of Troutman Pepper Locke’s… more

Artificial Intelligence, Document Review, e-Discovery, e-Discovery Professionals, Electronically Stored Information

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Michael Mannion

Illinois Adopts Substantial Workers' Compensation Reform to Address COVID-19

Through a virtually unanimous vote in the General Assembly, Illinois adopted substantial changes in its Workers’ Compensation and Occupational Diseases statutes to address the COVID-19 pandemic. Recognizing that many workers… more

Coronavirus/COVID-19, General Assembly, State Labor Laws, Workers Compensation Reform

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Nathan Marigoni

Troutman Represents all Fifty States Bankers Associations and D.C. in Tenth Circuit DIDMCA Opt-Out Litigation

In the last two weeks, several amicus briefs were filed in the Tenth Circuit in the ongoing litigation concerning Colorado’s opt-out from the Depository Institutions Deregulation and Monetary Control Act (DIDMCA). Troutman… more

Amicus Briefs, Banks, Colorado, Consumer Financial Products, DIDMCA

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Carlos Marin

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

See all updates »

Mia Marko

Title IX — Highway to NIL Podcast

In this installment, Troutman Pepper attorneys Cal Stein, Mia Marko, and Dani Clifford discuss Title IX, a longstanding federal law that applies to educational institutions, and its intersection with the evolving landscape of… more

College Athletes, Colleges, Department of Education, Educational Institutions, Name and Likeness

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Christy Markos

Ninth Circuit Rejects Retroactive Consent for Recording Website Users

On May 31, the Ninth Circuit issued a memorandum disposition in Javier v. Assurance IQ, LLC, addressing two important questions in California: (1) whether a business can record user interactions on its website without their… more

Consent, Corporate Counsel, Invasion of Privacy, Video Recordings, Websites

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Gary Marsh

How Cannabis Cos. Are Adapting in Shifting Bankruptcy Arena

Although the possession and sale of cannabis remain federally illegal under the Controlled Substances Act, the U.S. Department of Justice has largely exercised a general policy of nonprosecution for state-regulated cannabis… more

Agribusiness, Bankruptcy Code, Bankruptcy Court, Cannabis Products, Cannabis-Related Businesses (CRBs)

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Ragen Marsh

Government Affairs - The Senate

INTRODUCTION - Although several Senate races are too early or too close to call officially, it appears that Republicans will retain their majority in the 117th Congress. As of Wednesday morning, Senate Democrats have… more

Election Results, Political Candidates, Political Parties, Senate Committees

See all updates »

Tom Marshall

President Biden Suspends Bulk Power System Executive Order; Directs Agencies to Address Public Health- and Climate-Related Rules

On January 20, 2021, President Joseph Biden issued Executive Order No. 13990 (“Executive Order”), which, among other things, suspended Executive Order 13920, “Securing the United States Bulk-Power System” (“Executive Order… more

Biden Administration, Climate Change, Executive Orders, OMB, Public Health

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Adam Martin

Supreme Court Rules Title VII Protects Gay and Transgender Employees

Q. I understand that the United States Supreme Court came out with a new decision extending Title VII protections. What are the details?… more

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

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Christopher Martin

Texas Supreme Court Reverses Stop Loss Insurance Categorization Premium Tax Ruling

On June 17, 2022, the Texas Supreme Court released an opinion in Hegar v. Health Care Serv. Corp. (No. 21-0080) (Jun 17, 2022) regarding whether the Comptroller properly taxed an insurer based on premiums it received from sales… more

Health Insurance, Insurance Code, Insurance Industry, Policy Terms, TX Supreme Court

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Kelly Martin

Emerging Issues in Planned Community and Condominium Disputes

From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court, Pennsylvania has seen a growing trend in litigation involving unit owners’… more

Assignments, Attorney's Fees, Compensatory Damages, Condominiums, Construction Defects

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Clare Martin Roath

Don't Forget Alumni Engagement When Merging Law Firms

The complexities of law firm mergers are vast. Efforts to integrate clients, systems, spaces and cultures under tight time restraints is an immense undertaking that affects populations across both firms — including the alumni… more

Client Services, Law Firm Ownership, Law Practice Management, Legal Operations, Merger Agreements

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R. Alex Martinez

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way… more

California, Construction Project, Drinking Water, Drought, Environmental Policies

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Valerie Cruz Martinez

COVID-19 Primer for Private Equity Funds

In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis… more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Main Street Lending Programs, Paycheck Protection Program (PPP)

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Punit Marwaha

Unlocking the Secrets of Reverse Mortgages — The Consumer Finance Podcast

In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Megan Burns, Jason Manning, and Punit Marwaha to explore the arcane world of reverse mortgages. They provide valuable insights about how these… more

Consumer Financial Products, Financial Services Industry, Fraud, HUD, Lenders

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Brandon Marzo

Synergy in Energy: The New Troutman Pepper Locke - Energy Law Insights

Join Brandon Marzo and Bill Swanstrom, partners at Troutman Pepper Locke, as they discuss the exciting merger of Troutman Pepper and Locke Lord. This conversation delves into the rich histories of both firms, their complementary… more

Emerging Technologies, Energy Sector, Hydrocarbons, Oil & Gas, Renewable Energy

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Brett Ashton Mason

Evolving AI Legislation: Federal Policies, Task Forces, and Proposed Laws — The Good Bot Podcast

Join Troutman Pepper Locke Partner Brett Mason for a podcast series analyzing the intersection of artificial intelligence (AI), health care, and the law. In this episode of The Good Bot, Brett Mason and Emma Trivax delve into… more

Algorithms, Artificial Intelligence, Health Care Providers, Healthcare, Machine Learning

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Noah Mason

Following the Trail of Lost or Destroyed ESI with Forensic Imaging

When there is potentially crucial evidence on a computer or device once controlled by the opposing party, an ex-employee plaintiff, or someone suspected to have stolen trade secrets we want to track it down as soon as possible… more

Cyberforensics, Data Preservation, Discovery, e-Discovery Professionals, Electronically Stored Information

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Stephanie Massey

Implementing Compliance with Amendments to Rule 15c2-12

We recently reported the SEC’s adoption of amendments to Rule 15c2-12 to add two new events to those now required to be reported. Those two events are: - Incurrence of a financial obligation of the issuer or obligated person,… more

Amended Rules, Disclosure Requirements, Financial Obligations, Municipal Securities Issuers, Rule 15c2-12

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J. Timothy Mast

District Judge Orders Return of Mootness Fees in Akorn Shareholder Lawsuits and Hints at Further Sanctions

In a decision that resonates with many critics of mootness fees, a U.S. district judge for the Northern District of Illinois ordered counsel for Akorn Inc. shareholders to return $332,500 in attorneys’ fees extracted from a… more

Appeals, Class Action, Litigation Strategies, Mergers, Sanctions

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Christy Matelis

From Cell Phones to Tractors: The Right to Repair Movement Drives On — Regulatory Oversight Podcast

In this episode of Regulatory Oversight, Stephen Piepgrass is joined by colleagues Brad Weber and Christy Matelis from the firm's Antitrust Practice Group to explore the evolving landscape of right-to-repair laws across the… more

Antitrust Provisions, Consumer Protection Laws, Federal Trade Commission (FTC), FTC Act, Magnuson-Moss Act

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Cody Mathis

OCC Finalizes Rule Requiring Large Banks to Provide Fair Access to Services, Capital, and Credit

In a final act of his tenure, Brian Brooks, the acting Comptroller of the Currency (OCC) on January 14 finalized a rule to ensure “fair access to banking services provided by large national banks, federal savings associations,… more

Banking Sector, Banks, Financial Services Industry, OCC

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Jennifer Mathis

2024 D&O and Professional Liability Year in Review

The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country… more

Board of Directors, Corporate Governance, D&O Insurance, Fiduciary Duty, Insurance Litigation

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Maggie Mathis

New Rules Approved for the Georgia Statewide Business Court

On May 13, the Supreme Court of Georgia approved new rules governing the Georgia statewide Business Court. The new rules, which take effect on August 1, significantly expand parties' access to the Business Court, among other… more

Business Court, Forum Selection, Jurisdiction, New Rules

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William Mayberry

July 2023 Class Action Blog Summary

What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?… more

Appeals, Article III, ATDS, Auto-Dialed Calls, Class Action

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Evan Maynard

Guidance for Private Funds on Navigating COVID-19 Crisis

The spread of COVID-19 and its impact on the global economy has presented a seemingly endless list of complications for enterprises across a number of industries… more

Business Continuity Plans, Coronavirus/COVID-19, Fiduciary Duty, Investment Management, Private Funds

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William Mayo

DOL Proposed Rule: New Definition of "Investment Advice Fiduciary"

On October 31, the Department of Labor (DOL) released a proposed rule (the Proposed Rule) aiming to redefine and expand who qualifies as an “investment advice fiduciary” under the Employee Retirement Income Security Act of 1974,… more

Comment Period, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Jóna Mays

SCOTUS to Consider Extent of the Lanham Act's Extraterritorial Reach

On November 4, the U.S. Supreme Court (SCOTUS) granted certiorari in Hetronic Int’l, Inc. v. Hetronic Germany GmbH, 10 F.4th 1016 (10th Cir. 2021), cert. granted sub nom. Abitron Austria GmbH v. Hetronic Int’l, Inc., No… more

Lanham Act, SCOTUS, Trademark Infringement, Trademark Litigation, Trademarks

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Gerar Mazarakis

More Privacy, Please - October 2022

Editor’s Note: In the U.S. laws and regulation space, the White House is focusing on privacy, evident through its session on accountability for big tech and the recent executive order highlighting cybersecurity risks. Meanwhile,… more

Biometric Information, Biometric Information Privacy Act, CFIUS, COPPA, Cybersecurity

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McKenzie McAdams

Treasury and IRS Issue Updated Domestic Content Guidance Under IRA and First Updated Elective Safe Harbor

On January 16, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2025-08 (Notice), which provides an updated safe harbor (First Updated Elective Safe Harbor) that modifies and otherwise… more

Clean Energy, Corporate Counsel, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Investment Tax Credits

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Joshua McBeain

Credit Card Late Fee Rule Litigation: CFPB Indicates “Resolution is Feasible”

In a significant development in the credit card late fee rule litigation, the Consumer Financial Protection Bureau (CFPB) has filed a status report indicating that it is actively working towards a resolution. This update follows… more

Administrative Procedure Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards, Final Rules

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Alison McCarthy

New European Unitary Patent and Court

What Is a Unitary Patent? - Deemed “a better patent system for Europe,” the Unitary Patent System will make it possible to obtain a single patent right that covers up to 25 (currently 17) EU Member States through the… more

EU, European Patent Office, Intellectual Property Protection, Patents, Unified Patent Court

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Christine Dreyer McCay

Main Street Lending Program – Federal Reserve Announces Expanded Access for Some Businesses While Affiliation Rules Restrict Access for Others

On June 8, 2020, the Federal Reserve announced that it is expanding the Main Street Lending Program (the “Program”) to allow more businesses to participate and to provide greater flexibility to borrowers in repaying loans under… more

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

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Jessica McClellan

Recent SEC AML Enforcement Actions’ Impact on Compliance Efforts in the Cannabis Sector

Investing in the cannabis industry is not without its risks, given the evolving regulatory landscape and the varying state and federal statuses of the product itself. The Financial Crimes Enforcement Network (FinCEN) has shown… more

Anti-Money Laundering, Bank Secrecy Act, BSA/AML, Cannabis Products, Cole Memorandum

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Regina McClendon

Feeling the Heat: Strategies to Keep Cool Under California's Consumers Legal Remedies Act — The Consumer Finance Podcast

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Locke Partners Lindsey Kress and Regina McClendon to analyze the complexities of the California Consumers Legal Remedies Act (CLRA). The… more

California, Class Action, CLRA, Consumer Protection Laws, Litigation Strategies

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Amanda McCloskey

New Leaders, New Focus: Navigating EEOC Updates

Since taking office, President Trump has issued a flurry of terminations and appointments at different administrative agencies, including the Equal Employment Opportunity Commission (EEOC)… more

Administrative Appointments, Deregulation, Employment Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Sean McConnell

How NCAA Athletes and Brands Can Avoid Big Mistakes in NIL Influencer Agreements

The biggest event of the year in college sports just concluded as national champions were crowned in men’s and women’s basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the… more

Brand, College Athletes, Influencers, Name and Likeness, NCAA

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Elizabeth McCormick

FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions

On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded… more

CEQ, Energy Policy, Energy Projects, Energy Reform, Environmental Impact Report (EIR)

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Jennifer McCoy

OSHA Issues Coronavirus-Related Citations

As we all continue to adjust to the “new normal” brought on by COVID-19, employers across the country are recovering from the whiplash caused by the (at times contradictory) rules and regulations federal, state, and local… more

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

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Keegan McCoy

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Carlin McCrory

Eighth Circuit Vacates FTC’s Negative Option Rule for Procedural Violations

On July 8, a panel for the U.S. Court of Appeals for the Eighth Circuit issued a significant decision in the case of Custom Communications, Inc. v. Federal Trade Commission (FTC). The panel vacated the FTC’s amended Negative… more

Administrative Procedure Act, Appeals, Enforcement Actions, Federal Trade Commission (FTC), Negative Option Rule

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Eugene McDermott Jr.

Conviction in Insider Trading Case Brings New Attention to 10b5-1 Plans

On June 23, the U.S. Department of Justice announced that Terren Scott Peizer, founder of Ontrak Inc., a Miami-based publicly traded health care company, has been sentenced to three and one half years in prison by a California… more

10b5-1 Plans, Appeals, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ)

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Sean McDevitt

NLRB Prohibits Confidentiality and Non-Disparagement Provisions in Severance Agreements With Broad Implications

Executive Summary - On February 21, the National Labor Relations Board (NLRB or Board) reversed course from its own Trump-era precedent when it held that an employer’s offer of employee severance agreements with broad… more

Confidentiality Agreements, Employee Rights, Employer Liability Issues, NLRA, NLRB

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Brenda McDonough

Changes to the Application of Bond and ‎Note Premium Under Massachusetts Law

The law governing the use of bond and note premium received by Massachusetts municipalities and ‎districts, Section 20 of Chapter 44 of the Massachusetts General Laws, was recently amended. Any ‎premium received upon the sale of… more

Bonds, Borrowers, Municipalities, Public Finance

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Daniel McDonough

Practical Implications of the Interim Final Rule for BOI Reporting Under the CTA

As we previously discussed, the Financial Crimes Enforcement Network (FinCEN) published an interim final rule (IFR) on March 26 that narrowed the beneficial ownership information (BOI) reporting requirements under the Corporate… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Exemptions, Filing Deadlines

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Lorne McDougall

CARES Act Loans and SPE Borrowers

SPE borrowers should carefully review their existing loan documents when considering loans under the CARES Act to relieve liquidity pressures. Existing loans may contain SPE covenants or other provisions that limit additional… more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Relief Measures

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Przemyslaw McEwan

Federal Circuit Continues to Dismantle Diagnostic Patents

Any new and useful process, machine, manufacture, or composition of matter may be patented in the United States. However, the Supreme Court has held that “laws of nature, natural phenomena, and abstract ideas” are not eligible… more

Abstract Ideas, Intellectual Property Protection, Patent Infringement, Patents

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Mindy McGrath

Charging Ahead: Legal, Regulatory, and Operational Considerations for EV Infrastructure Development

The rapid growth in electric vehicle (EV) sales in the United States has created an urgent demand for robust EV charging infrastructure. The demand for EV charging infrastructure is driven by the need to ensure the benefits of… more

Automotive Industry, Charging Stations, Clean Energy, Electric Vehicles, Energy Projects

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John McGrath III

Hydrogen Sector Needs More Regulatory Certainty

Hydrogen is having more than just a moment. Consistent announcements for new hydrogen project developments, technological breakthroughs and large investments over the last several years have shown the potential of this largely… more

Clean Energy, Climate Change, Energy Projects, Energy Sector, Hydrogen Power

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Mack McGuffey

EPA Lowers Annual PM2.5 NAAQS, With Immediate Impacts for Air Permitting

Exercising one of its most important and far-reaching powers under the Clean Air Act, the Environmental Protection Agency (EPA) has lowered the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate… more

Air Pollution, Air Quality Standards, Carbon Emissions, Clean Air Act, Environmental Policies

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Timothy McHugh

Federal Cybersecurity Requirements Ought Not Be Ignored by Contractors

Since 2016, the federal government has implemented numerous procurement regulations and associated contract clauses to address cybersecurity by requiring contractors to adopt various controls and standards to protect sensitive,… more

Cyber Crimes, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Data Breach, Data Protection

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Molly McIntosh Jagannathan

Hydropower Report: January 2021

Happy new year! We begin 2021 with a transition of leadership in the Presidency and the U.S. Senate, and with the recent news that President Biden has named Richard Glick as the new FERC Chair. All of these changes in… more

Energy Sector, FERC, Hydropower, Renewable Energy

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Moya McKenna

To Re-Register Your DBA or Not: That Is the Question in Delaware as New Law’s Effective Date Gets Pushed

Delaware has recently enacted legislation concerning the registration of trade names or “doing business as” names (DBA). This new process mandates that DBAs be registered online through the OneStop application. The Delaware… more

Business Ownership, Delaware, Department of Revenue, Doing Business, Filing Requirements

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Pfeiffer McKenzie

More Privacy, Please - March 2023

Editor’s Note: The U.S. Marshals Service suffered a data breach, demonstrating that no one is immune from such an occurrence. In regulatory news, government agencies remained focused on privacy, as the SEC proposed amendments to… more

Biometric Information, Biometric Information Privacy Act, Cybersecurity, Data Privacy, Data Protection

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John McKnight

How Public Companies Can Prepare For The Executive Compensation Clawback Regime

Many public companies have not waited for the Securities Exchange Commission (SEC) to mandate executive compensation recovery policies, as required by the Dodd-Frank Act. Shareholder and peer pressure has resulted in the… more

Board of Directors, Clawbacks, Derivative Suit, Dodd-Frank, Executive Compensation

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Jason McLarry

Change in Georgia Lien Law

On August 5, 2020, Governor Brian Kemp signed Georgia Senate Bill 315 into law. This new law, which is codified at Title 44, Chapter 14, Section 366 of the Official Code of Georgia Annotated, substantially changes the way… more

Affidavits, Breach of Contract, Construction Contracts, Construction Industry, Governor Kemp

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Marcy McLaughlin Smith

Who Is the Claims Agent and What Type of Information Can I Obtain on Their Website? - Creditor’s Rights Toolkit

Troutman Pepper's Creditor’s Rights Toolkit is a series that provides practical insights to help creditors confront the challenges of commercial bankruptcy. A claims agent is a third party retained by the debtor to take on… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Contract Terms

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Leigh McMonigle

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This is… more

College Athletes, Colleges, Educational Institutions, Employee Definition, Employees

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Michael McMorrow

Why Does the TCPA Equal Chaos? The US Supreme Court Opens FCC Orders to New Challenges

On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review Act… more

Administrative Procedure Act, Consent, FCC, Hobbs Act, Judicial Review

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Sean McNally

Temporary Reduction of Reciprocal Tariffs on Chinese Goods Following US-China Trade Truce

On May 12, President Trump issued an executive order, “Modifying Reciprocal Tariff Rates to Reflect Discussions with the People’s Republic of China” (the Order), temporarily lowering reciprocal tariffs on Chinese imports that… more

China, Customs and Border Protection, Executive Orders, Foreign Policy, Foreign Relations

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Tricia McNeill

Debt and Lending Markets: Current Trends Impacting Private Equity Sponsors — PE Pathways Podcast

In this episode of PE Pathways, Troutman Pepper Locke Partners Tricia McNeill and Jonathan Homer delve into the current state and trends in the debt and lending markets, particularly as they impact private equity sponsors. Key… more

Debt, Federal Reserve, Financial Markets, Financial Services Industry, Lending

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Rene McNulty

Troutman Pepper Weekly Consumer Financial Services Newsletter - November 2023

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Cryptoassets, Cryptocurrency

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Jeffrey McPhaul

New Leaders, New Focus: Navigating EEOC Updates

Since taking office, President Trump has issued a flurry of terminations and appointments at different administrative agencies, including the Equal Employment Opportunity Commission (EEOC)… more

Administrative Appointments, Deregulation, Employment Discrimination, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Hannah Dowd McPhelin

COVID-19 Commercial Leasing Trends (Part One)

Troutman Pepper COVID-19 Legal Issues Podcast Series Troutman Pepper is producing a series of podcasts on legal and business issues faced by companies during the COVID-19 pandemic. This episode features Troutman Pepper Real… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Negotiations, Contract Termination

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David Meadows

New Rules Approved for the Georgia Statewide Business Court

On May 13, the Supreme Court of Georgia approved new rules governing the Georgia statewide Business Court. The new rules, which take effect on August 1, significantly expand parties' access to the Business Court, among other… more

Business Court, Forum Selection, Jurisdiction, New Rules

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Andrew Medeiros

The Uses and Risks of AI in BSA/AML Compliance: Navigating the Future of Financial Crime Prevention

In the realm of financial crime prevention, the adoption of generative artificial intelligence (AI) technologies has the potential to revolutionize Bank Secrecy Act (BSA) and Anti-Money Laundering (AML) compliance. AI offers… more

Algorithms, Anti-Money Laundering, Artificial Intelligence, Bank Secrecy Act, BSA/AML

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Kiran Mehta

July 2023 Class Action Blog Summary

What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?… more

Appeals, Article III, ATDS, Auto-Dialed Calls, Class Action

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Michael Meidinger

Changes to the Application of Bond and ‎Note Premium Under Massachusetts Law

The law governing the use of bond and note premium received by Massachusetts municipalities and ‎districts, Section 20 of Chapter 44 of the Massachusetts General Laws, was recently amended. Any ‎premium received upon the sale of… more

Bonds, Borrowers, Municipalities, Public Finance

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Yarazel Mejorado

More Privacy, Please - February 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to… more

Biometric Information Privacy Act, California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy, Data Protection

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Anthony Melon

Ohio Court Reforms Construction Contract to Correct “Manifest Absurdity” in Termination for Convenience Term

Hanuman Chalisa, LLC v. BoMar Contr., Inc., 2022-Ohio-1111, 187 N.E.3d 1108 (Ct. App.) - Hanuman Chalisa LLC (owner) contracted BoMar Contracting, Inc. (BoMar) to construct a hotel in Columbus, OH. The contract consisted of… more

Construction Contracts, Construction Industry, Contract Disputes, Termination for Convenience

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Allison Melton

Fourth Circuit Clarifies What Constitutes a QWR Under RESPA

On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that “where a… more

Borrowers, Mortgage Servicers, Mortgages, Qualified Written Requests, RESPA

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Justice Harold Melton

Supreme Court Reverses Affirmative Action

What the Court’s ruling on race-conscious admissions means for higher education - On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that… more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Evelyn Meltzer

How Can a Consignor Perfect Consignment Rights Before a Bankruptcy Is Filed - Creditor’s Rights Toolkit

Consignments may be governed by either common law or Article 9 of the Uniform Commercial Code, the latter of which requires the consignor to comply with various procedures in order to perfect its security interest in the… more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Distressed Debt, Restructuring

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Jennifer Capasso Mendonça

Help for Main Street: Treasury Department and Federal Reserve Announce Main Street Lending Facilities for Small and Mid-Sized Businesses (including Nonprofits)

On April 9, 2020, the Federal Reserve and the Secretary of the Treasury announced, pursuant to Title IV of the Coronavirus Aid, Relief, and Economic Security Act, or “CARES Act” and Section 13(3) of the Federal Reserve Act, the… more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Relief Measures, U.S. Treasury

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Kiprian Mendrygal

DOJ Issues Formal Guidance on Credit for Cooperation in False Claims Act Investigations

On May 7, 2019, the Department of Justice announced the release of formal guidance on how it will credit defendants that cooperate with False Claims Act investigations. The guidance, which takes the form of an update to the… more

Cooperation, Department of Justice (DOJ), False Claims Act (FCA), Government Investigations, Internal Investigations

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Fanyi Meng

A Sharper Focus: Exploring VC Side Letters

A side letter in the venture capital sector is an agreement between an investor and the company it is investing in that entitles the investor to certain contractual rights, which supplement and are in addition to other rights… more

Acquisition Agreements, Business Entities, Contract Terms, Contractual Safeguards, Corporate Governance

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Camille Mennen

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

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Keith Menscher

D-1 Baseball Player Fights for Extended Eligibility

Recently, the U.S. District Court for the Middle District of Georgia denied a request from a D-1 baseball player for a temporary restraining order (TRO) against the NCAA related to his eligibility, as well as a preliminary… more

Antitrust Violations, College Athletes, Litigation Strategies, NCAA, Preliminary Injunctions

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Kaitlin Meola

Health Care Providers Challenge Constitutionality of Michigan Shutdown Orders

A group of Michigan-based health care providers and one of their patients are the latest to assert constitutional claims related to COVID-19 shutdown orders. Unlike other businesses challenging shutdown orders, these providers… more

Business Closures, Constitutional Challenges, Coronavirus/COVID-19, Health Care Providers, Unnecessary Medical Procedures

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Edwin Merkel

Motions to Amend: PTO Pilot Program Extended - Patents: Post-Grant Podcast

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the fifth installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper… more

Inter Partes Review (IPR) Proceeding, Motion to Amend, Patent Litigation, Patents, Post-Grant Review

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Chelsea Merritt

COVID-19 Headlines FTC’s “Green Lights & Red Flags”

On October 29, 2020, the FTC hosted its most recent “Green Lights & Red Flags” workshop. This virtual workshop focused on recent fraud patterns, advertising compliance, and data security… more

Advertising, Coronavirus/COVID-19, Data Security, Federal Trade Commission (FTC)

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Griffin Mesmer

Federal Circuit Clarifies Scope of IPR Estoppel

Parties filing inter partes review (IPR) petitions should be aware of the estoppel implications on subsequent or parallel proceedings, including litigation pending in U.S. federal district courts. The U.S. Court of Appeals for… more

America Invents Act, CAFC, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board

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Mary Grace Metcalfe

2022 State Attorneys General Election Re-Cap

On November 8, 30 states and the District of Columbia held elections for state attorneys general. Below are the current results of the elections for each of the 31 races. We will continue to update this blog post as results are… more

Election Results, Political Candidates, Popular, State Attorneys General, State Elections

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Hallie Meushaw

Hydropower Report: January 2021

Happy new year! We begin 2021 with a transition of leadership in the Presidency and the U.S. Senate, and with the recent news that President Biden has named Richard Glick as the new FERC Chair. All of these changes in… more

Energy Sector, FERC, Hydropower, Renewable Energy

See all updates »

David Meyers

Conviction in Insider Trading Case Brings New Attention to 10b5-1 Plans

On June 23, the U.S. Department of Justice announced that Terren Scott Peizer, founder of Ontrak Inc., a Miami-based publicly traded health care company, has been sentenced to three and one half years in prison by a California… more

10b5-1 Plans, Appeals, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ)

See all updates »

Meagan Mihalko

Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Yeva Mikaelyan

Massachusetts Enacts New Pay Transparency Legislation

On July 31, 2024, Governor Maura Healy signed into law H.4890, creating pay transparency and data reporting requirements for qualified Massachusetts employers. With this move, Massachusetts joins a growing line of states,… more

Employer Liability Issues, Pay Transparency, Posting Requirements, State Labor Laws, Wage and Hour

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Rachel Miklaszewski

2022 State Attorneys General Election Re-Cap

On November 8, 30 states and the District of Columbia held elections for state attorneys general. Below are the current results of the elections for each of the 31 races. We will continue to update this blog post as results are… more

Election Results, Political Candidates, Popular, State Attorneys General, State Elections

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Janet Militello

[Webinar] Locke Lord’s High Noon Knowledge Series Webinar – Commercial Contract Pitfalls - June 4th, 12:00 pm - 1:00 pm CT

Agenda: - Common issues in transactional contracts that open up opportunities for litigation - How aggressive companies are taking deal money back… more

Breach of Contract, Commercial Contracts, Contract Disputes, Contract Negotiations, Contract Termination

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Amy Lange Miller

The Party Seeking IPR Estoppel Bears ‎the Burden to Prove Non-Petitioned Invalidity Grounds ‎‎Reasonably Could Have Been Raised

In the April 3, 2023 decision in Ironburg Inventions Ltd. v. Valve Corporation, 21-2296, Doc. 66, the Federal Circuit provides crucial guidance regarding inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(2). In clear… more

Estoppel, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Brett Miller

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand just… more

Air Pollution, Air Quality Standards, Clean Air Act, Energy Policy, Environmental Policies

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Christopher Miller

What We're Seeing – 2022 Dealmaking Outlook

The Rearview Mirror - Robust multiples and fear that the Biden administration might succeed in passing tax laws resulted in 2021 being one of the busiest years ever in the private equity space. Within the capital markets,… more

Corporate Sales Transactions, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Health Information Technologies, Initial Public Offering (IPO)

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Isreal Miller

Estate Planning in Uncertain Times

"God, grant me the serenity to accept the things I cannot change, courage to change the things I can, and wisdom to know the difference."- The Serenity Prayer- The first 100 days of President Trump’s administration have been… more

Beneficiaries, Cryptocurrency, Deceased Spousal Unused Exclusion, Estate Planning, Estate Tax

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Julian Alonso Miller

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Raymond Miller

ODP Should Not Nullify PTA

The long and arduous path of prosecution begins with the filing of a parent patent application. Several years later, the applicant files a first continuation application. A few more years pass after which the applicant files a… more

Patent Applications, Patent Infringement, Patent Term Adjustment, Patents, USPTO

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Richard Miller

SEC Provides Disclosure Guidance on Public Statements by Municipal Issuers

On February 7, 2020, the Securities and Exchange Commission’s Office of Municipal Securities issued Staff Legal Bulletin No. 21 (OMS) (“SLB 21”) to provide its views on the application of the antifraud provisions to public… more

Disclosure Requirements, Investors, Municipal Securities Issuers, Securities and Exchange Commission (SEC)

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Kate Millikan

LOT VS. UNIT: Avoiding Description Errors In Transactions Involving Condominium Units

In the purchase, sale or development of commercial condominium units, it is fundamental for both investors and developers to understand exactly what comprises the “unit.” It is equally important that the documents associated… more

Condominiums, Deeds, Housing Developers, Investors, Letters of Intent

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Kenneth Minturn

Outlook And Impact Of Coronavirus On Venture Capital Investments And Emerging-Growth Companies

The combined health and economic crisis caused by the outbreak of coronavirus (COVID-19) and subsequent isolation efforts across the world have left many emerging-growth companies with numerous questions about how to get through… more

Capital Investments, Coronavirus/COVID-19, Emerging Growth Companies, Investment, Startups

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Ilya Mirov

Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International… more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Sadia Mirza

4 Actions for Cos. as SEC Rebrands Cyber Enforcement Units

On Feb. 20, the U.S. Securities and Exchange Commission announced the creation of the Cyber and Emerging Technologies Unit, which will replace the Enforcement Division’s previous Crypto Assets and Cyber Unit. Originally… more

Cryptocurrency, Cybersecurity, Disclosure Requirements, Emerging Technologies, Enforcement Actions

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Kevin Miserez

Kentucky AG Checks the Board of Pharmacy’s Regulatory Power

On November 12, the Kentucky attorney general (AG) issued a formal opinion, concluding that the Kentucky Board of Pharmacy lacks the authority to regulate nonresident pharmacists beyond what is specified in KRS Chapter 315. The… more

Healthcare, Lack of Authority, Licensing Rules, Non-Residents, Pharmaceutical Industry

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Armeen Mistry

Can You Enforce an International Arbitration Award That’s Been Set Aside?

On July 8, the Second Circuit affirmed a refusal to enforce a $1.8 billion arbitration award (now worth approximately $2.7 billion with interest) annulled by a Nigerian court in Esso v. Nigerian National Petroleum Company. In… more

Arbitration, Arbitration Agreements, Arbitration Awards, International Arbitration

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Lindsay Mitchell Henner

SCOTUS to Consider Extent of the Lanham Act's Extraterritorial Reach

On November 4, the U.S. Supreme Court (SCOTUS) granted certiorari in Hetronic Int’l, Inc. v. Hetronic Germany GmbH, 10 F.4th 1016 (10th Cir. 2021), cert. granted sub nom. Abitron Austria GmbH v. Hetronic Int’l, Inc., No… more

Lanham Act, SCOTUS, Trademark Infringement, Trademark Litigation, Trademarks

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Benjamin Mittman

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Bardia Moayedi

ISDA Swap Primer: Recent Developments and Considerations

Swap contracts, famously described as the financial equivalent of “weapons of mass destruction,” have continued to evolve since their heyday leading up to the 2008-2009 financial crisis. Most swaps use the standardized (though… more

Dodd-Frank, ISDA, Swap Dealers, Swaps

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Angela Monaco

Unanimous Supreme Court Decision Allows for Early Challenges to Federal Agency Enforcement Actions

On April 14, the Supreme Court unanimously held that federal district courts have jurisdiction to review constitutional challenges to the structures of the Federal Trade Commission (FTC) and Securities and Exchange Commission… more

Administrative Law Judge (ALJ), Administrative Proceedings, Constitutional Challenges, Federal Trade Commission (FTC), FTC Act

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Frank Montes de Oca

Bankruptcy Case Is Reminder on Collateral Ownership Issue

On April 28, the U.S. Bankruptcy Court for the Northern District of Oklahoma in Kirtley v. Mabrey Bank (In re: Rudick) held that an entity other than the debtor may grant a lien on the debtor’s property, affirming the legal… more

Bankruptcy Code, Bankruptcy Court, Chapter 7, Collateral, Creditors

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Brandan Montminy

Developments in Energy Pipeline ‎Security: TSA Directives, and Recommendations for Owners ‎‎and Operators

In the wake of the disruptive ransomware attack on the Colonial Pipeline in early May 2021, the U.S. Transportation Security Administration (“TSA”) issued two security directives to the pipeline industry. The first, Security… more

Cybersecurity, Cybersecurity Information Sharing Act (CISA), Pipelines, Popular, Transportation Security Administration

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Christopher Moran

OCR’s Directive on Race-Conscious Policies in Higher Education

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student programming,… more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Heather Morehouse Ettinger Ph.D.

USPTO's Guidance on Inventorship of AI-Assisted Inventions Remains True to Fundamental Principles, But May Not Be the Right Test

The U.S. Patent and Trademark Office (USPTO) recently issued guidance on inventorship determinations for inventions developed with the assistance of artificial intelligence (AI-assisted inventions). Inventorship of AI-assisted… more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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Jason Moreira

You’ve Been Warned: Onerous Amendments to NJ Warn Act Take Effect April 10

On January 10, Governor Murphy signed Assembly Bill No. 4768, paving the way for a series of previously enacted amendments to New Jersey’s WARN Act, N.J.S.A. 34:21-1, et seq., (“NJ WARN Act” or the “Act”) to finally take effect… more

Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs, Notice Requirements

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Addison Morgan

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – January 2025 # 3

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week… more

Anti-Money Laundering, BSA/AML, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Kathrine Morin

Relief for State and Local Governments Impacted by COVID-19‎

On March 11, 2021, President Biden signed into law the $1.9 trillion COVID-19 relief package, the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (the “ARPA”). ARPA includes $350 billion in aid for ‎state and local… more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Interim Final Rules (IFR), Relief Measures, State and Local Government

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Megan Morley

HSR Thresholds Lower for 2021

Yesterday, the Federal Trade Commission (FTC) announced the annual changes to the thresholds for Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act) and 8 (interlocking directors) of the Clayton Act. For only the second… more

Acquisitions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate, Mergers

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Brent Morowitz

Guidance for Private Funds on Navigating COVID-19 Crisis

The spread of COVID-19 and its impact on the global economy has presented a seemingly endless list of complications for enterprises across a number of industries… more

Business Continuity Plans, Coronavirus/COVID-19, Fiduciary Duty, Investment Management, Private Funds

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Mandi Moroz

Air & Climate Report: April 2022

With spring finally arriving, the long-expected avalanche of EPA activity on air issues has also arrived. In this second year of the Biden administration, following the pattern of prior administrations, we are starting to see… more

Air Pollution, Air Quality Standards, Cross-State Air Pollution, Environmental Protection Agency (EPA)

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Matthew Russell Morris

The GENIUS Act: What Is It and What’s Next?

On June 17, the U.S. Senate voted 68-30 to pass S.1582, the Guiding and Establishing National Innovation for U.S. Stablecoins Act, known as the GENIUS Act (the Act). This represents a landmark effort by the U.S. Congress to… more

Anti-Money Laundering, Bankruptcy Code, BSA/AML, Cryptocurrency, Digital Assets

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Vaughn Morrison

Navigating the Solar Industry's Path Through Tariffs and Growth

In 2024, the solar energy generation industry experienced its largest-ever annual rise globally, fueled by China’s 44% solar output boost from January to November 2024… more

Anti-Dumping Duty, Biden Administration, China, Clean Energy, Countervailing Duties

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John Morrissett

New European Unitary Patent and Court

What Is a Unitary Patent? - Deemed “a better patent system for Europe,” the Unitary Patent System will make it possible to obtain a single patent right that covers up to 25 (currently 17) EU Member States through the… more

EU, European Patent Office, Intellectual Property Protection, Patents, Unified Patent Court

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LuAnne Morrow

The Top 10 Legal Risks Impacting the Value of a Retail Brand

Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of… more

Advertising, Brand, Business Development, Customer-Loyalty Programs, Endorsements

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Bennet Moskowitz

New York City’s Revival Window Opens for Gender-Motivated Violence Survivors

On March 1, New York City’s “revival window” opened for survivors of gender-motivated violence. The revival window, also referred to as a “lookback period,” runs until March 1, 2025, providing survivors with two years to bring… more

Crime Victims, Gender-Based Violence, Sexual Abuse, Sexual Assault

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Robert Mowrey

Texas Supreme Court Affirms a Lender’s Equitable Subrogation Rights Following ‎Expiration of the Statute of Limitations on the Lender’s Lien

On January 29, 2021, the Texas Supreme Court confirmed that the voiding of a lender’s lien due ‎to the expiration of the statute of limitations does not preclude the lender from foreclosing on a ‎pre-existing lien under the… more

Borrowers, Equitable Subrogation, Lenders, Mortgages, Statute of Limitations

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Christopher Moyers

Long-Term Part-Time Employee Eligibility Rules Now in Effect – Are You Ready?

The Setting Every Community Up for Retirement Enhancement Act (SECURE 1.0) requires plans to permit employees who work at least 500 hours but less than 1,000 hours in three consecutive 12-month periods to make elective deferrals… more

401k, Department of Labor (DOL), Employee Benefits, Employees, Employer Liability Issues

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Kathleen Mullen

'Snap Removals' Upheld by the Third Circuit

A recent decision by the Third Circuit effectively expands the scope of removable cases. As the first appellate decision to directly address the issue, the U.S. Court of Appeals for the Third Circuit upheld a Pennsylvania… more

Diversity Jurisdiction, Federal Rules of Civil Procedure, Forum, Jurisdiction, Motion To Remove

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William Mullen

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Erin Murphy

Five Tips for Adding Value to Legal Clients' Experience in 2023

2022 was a year of transition, with law firms and clients moving into a new post-pandemic phase while dealing with rising inflation and global uncertainty. Throughout this time, we have been working with clients of all sizes to… more

Client Services, Law Firm Associates, Law Firm Partners, Law Practice Management, Legal Project Management

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Jeremy Murphy

This Will Not Make You Blush. States ‎Are ‎Making Regulation of Cosmetics a Priority

Cosmetics Regulation - Currently, cosmetics are regulated through the Federal Food, Drug, and Cosmetic Act (FDCA)– ‎which has recently been revamped by the Modernization of Cosmetics Regulation Act (MoCRA)–and ‎various state… more

Chemicals, Cosmetics, Food and Drug Administration (FDA), Modernization of Cosmetics Regulation Act of 2022 (MoCRA), Personal Care Products

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Stephen Murphy

Recent Presidential Order Unwinding ‎Real Estate Transaction Reinforces CFIUS’ Heightened ‎‎Enforcement Regime

On May 13, 2024, President Biden issued an order (the “Order”) prohibiting the purchase and requiring the divestment of certain real estate operated as a cryptocurrency mining facility located within one mile of Francis E… more

CFIUS, Foreign Acquisitions, Foreign Investment, National Security

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Warren Myers

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Kristen Mynes

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Rachel Mynhier

NY Executive Order Provides Relief for Tenants and Property Owners Impacted by COVID-19

On May 7, 2020, New York Gov. Andrew Cuomo enacted Executive Order No. 202.28, which extended and expanded — but in some cases narrowed — the temporary suspension of several New York state laws due to the COVID-19 crisis. The… more

Coronavirus/COVID-19, Eviction, Foreclosure, Moratorium, Mortgages

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Judy Naamat

U.S. Patent Office Provides Guidance ‎for Patenting Artificial Intelligence Inventions

Introduction - On July 17, 2024, the U.S. Patent and Trademark Office (USPTO) released its 2024 guidance update on patent subject matter eligibility, making significant revisions to its prior guidance on subject matter… more

Artificial Intelligence, Intellectual Property Protection, Inventions, Inventors, Patent Applications

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Robert Nail

The Madrid Protocol

The United States is a party to the Madrid Protocol, an international treaty simplifying the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending… more

Intellectual Property Protection, International Trademark Protection, IP License, Madrid Protocol, Trademark Application

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Gregory Narsh

EPA Makes Major Changes to Risk Management Program Under Clean Air Act

On March 11, the U.S. Environmental Protection Agency (EPA) published the long-awaited Safer Communities by Chemical Accident Prevention Rule (Final Rule), which concluded a nearly decadelong process — spanning three… more

Clean Air Act, Employees, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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Paul Nason

2025 NLRB Forecast: What Employers Should Expect Under President Trump's Administration

On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was not… more

Administrative Agencies, Constitutional Challenges, Employee Rights, Employment Policies, Hiring & Firing

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Aaron Nava

2025 NLRB Forecast: What Employers Should Expect Under President Trump's Administration

On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was not… more

Administrative Agencies, Constitutional Challenges, Employee Rights, Employment Policies, Hiring & Firing

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David Navetta

Virginia’s Protection of Reproductive Health Information Law – Part Two, Compliance and Implementation

In Part Two of this FAQ series, we continue to break down Virginia’s Senate Bill 754, Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information (Act), which amends the Virginia Consumer… more

Consent, Consumer Privacy Rights, Data Management, Data Privacy, Disclosure Requirements

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Connor Nechodom

SEC Adopts Final Cybersecurity Rules — Requires Companies to Focus on their Security and Disclosure Plans

On July 26, the Securities and Exchange Commission (SEC) adopted, by a 3-2 margin, a final rule to require more immediate disclosure of material cybersecurity incidents by public companies. In addition, the final rule requires… more

Capital Markets, Cybersecurity, Data Breach, Disclosure Requirements, Final Rules

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Andrew Nelson

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

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Cami Nelson

Summary Overview: 3 Steps to CTA Compliance

The January 1, 2025, compliance deadline for Corporate Transparency Act (CTA) filings for certain entities that were formed or registered to do business in the U.S. before 2024 is approaching quickly for many business owners… more

Beneficial Owner, C-Corporation, Corporate Transparency Act, Employer Identification Number (EIN), Filing Deadlines

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John Nelson Jr.

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

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Aparna Nemlekar

Life Sciences Deals: Hot Topics in 2018 (PowerPoint Slides)

Life science companies operate in a heavily regulated environment and the rules of the game are constantly changing. Join members of Pepper’s Health Sciences Department as they discuss the latest in deals in the life sciences… more

Life Sciences

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Michael Newquist

Two Recent Delaware Decisions Provide Practical Transaction Guidance

Two year-end decisions by the Delaware Court of Chancery provide practical guidance for mergers and other transactions, one on the meaning of “commercially reasonable efforts” and other commonly used standards of efforts and the… more

Board of Directors, Corporate Counsel, Merger Agreements, Mergers, Shareholders

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Aileen Ng

Driving Digital Security: The FTC's Safeguards Rule Explained — Moving the Metal: The Auto Finance Podcast

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by colleagues Kim Phan and Aileen Ng for a deep dive into the Federal Trade Commission's (FTC) Safeguards Rule under… more

Automotive Industry, Automotive Loans, Biden Administration, Cybersecurity, Data Breach

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Brian Nichilo

SEC Continues to Focus on SPAC Market

In recent years, the U.S. Securities and Exchange Commission (SEC) has had its eye on the special purpose acquisition company (SPAC) market — warning investors against putting money into SPACs, expressing skepticism about their… more

Enforcement Actions, Financial Services Industry, Initial Public Offering (IPO), PCAOB, Securities and Exchange Commission (SEC)

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Carter Nichols

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Philip Nickerson

What the House v. NCAA Settlement Means for the Future of NIL and College Sports

The wait is over. On June 6, 2025, Judge Claudia Wilken of the U.S. District Court for the Northern District of California approved the $2.576 billion class action settlement in House v. NCAA… more

Antitrust Litigation, Antitrust Violations, Appeals, College Athletes, Compensation & Benefits

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Nicole Nielly

District of Massachusetts Finds Optimistic Statements Do Not Amount to Actionable Securities Fraud

A recent decision out of the U.S. District Court for the District of Massachusetts (District of Massachusetts) reaffirms the ability of pharmaceutical companies to make optimistic public statements about clinical trials without… more

Food and Drug Administration (FDA), Rule 10(b), Securities Exchange Act, Securities Fraud

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Susan Nikdel

U.S. Supreme Court Declines to Overturn New York’s Affordable Broadband Act

The U.S. Supreme Court closed out 2024 by confirming states’ authority to regulate internet service providers. On December 16, 2024, the Court denied certiorari in New York State Telecommunications Association, Inc., et al. v… more

Appeals, Broadband, Constitutional Challenges, Denial of Certiorari, FCC

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Ashley Nimitz

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Harry Nimoityn

Best Practices: In-house Legal Support of SEC Disclosures

To help navigate the Securities and Exchange Commission's (SEC) detailed disclosure requirements, Troutman Pepper attorneys offer the below checklist as a blueprint for organizing your disclosure process and strategy. These tips… more

Best Practices, Corporate Counsel, Disclosure Requirements, Outside Counsel, Securities and Exchange Commission (SEC)

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Alex Nisenbaum

California AG Releases Fourth Set of Proposed Modifications to CCPA Regulations

On December 10, the California attorney general released the fourth set of proposed modifications (Proposed Modifications) to the implementing regulations of the CCPA. These Proposed Modifications come only one month after… more

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

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Chelsey Noble

Recent Executive Action May Impact PFAS Regulation

The regulation of per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” was a focal point for the Biden administration. In April 2024, the administration, through the U.S. Environmental Protection Agency (EPA),… more

Biden Administration, CERCLA, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA)

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Edward Nogay

DOJ’s Criminal Division Announces Updates to White-Collar Enforcement and Corporate Policies

On May 12, 2025, the Head of the Criminal Division (the Criminal Division or Division) at the Department of Justice (DOJ), Matthew R. Galeotti, issued key memoranda to Criminal Division personnel on the Division’s new priorities… more

Anti-Money Laundering, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Kathryn Pourmand Nordick

Checklist of Considerations: Transactions During the Pandemic and After

Who Needs to Know - Buyers and sellers. Why It Matters - In an economy bearing the effects of the COVID-19 pandemic, buyers and sellers continue to seek opportunities and address liquidity needs. We offer this… more

Business Interruption, Buyers, CARES Act, Coronavirus/COVID-19, Insurance Claims

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Víctor Noriega

Oklahoma Passes FCC-Like Maximum Pole Attachment Rate for Rural Electric Coops

On April 28, the governor of Oklahoma approved HB3835, setting a maximum pole attachment rate for rural electric cooperatives (Rural Coops) in the event of a dispute with a "communications services provider" regarding pole… more

FCC, Pole Attachment Order, Utilities Sector, Utility Poles

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Greg Norton

NAIC Examines Investment Holdings of Private-Equity Owned Insurers

Last month the NAIC Capital Markets Bureau issued a Special Report finding that despite an in increase in the number of private equity (“PE”) owned U.S. insurers, investment volume held by PE-owned insurers declined as of… more

Insurance Industry, NAIC, Private Equity, Private Equity Firms

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Hanna Fister Norvell

Key Employer Updates for 2024/2025 – ‎Part Three: State Law Trends for Restrictive ‎Covenant Agreements

As year-end nears, many employers are updating their key employment policies and agreements to ensure they align with ever-evolving federal, state, and local laws and changes to business needs. In Part One of this series, we… more

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

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Gregory Nowak

Investment Management Update - March 2021

Just before we said goodbye to 2020, the Securities and Exchange Commission (SEC) finalized amendments to its advertising and solicitation rules under the Investment Advisers Act of 1940, as amended (Advisers Act). The SEC… more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing, OCIE

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Christine Nowland

Fifth Circuit Affirms Vacatur of Insurer-Friendly "No Surprises Act" Regulations

In a win for health care providers, on August 2, the Fifth Circuit Court of Appeals affirmed a Texas federal judge’s grant of summary judgment in favor of the Texas Medical Association and LifeNet, an air ambulance company, in… more

Arbitrators, Final Rules, Health Insurance, Healthcare, No Surprises Act (NSA)

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Shawn O'Brien

Air & Climate Report: August 2022

In the world of air quality and climate change, summer 2022 began with a bang, as the Supreme Court finally spoke on the merits of EPA’s efforts to regulate carbon dioxide emissions from power plants under Section 111 of the… more

Clean Air Act, Climate Change, Environmental Protection Agency (EPA), Power Plants, Regulatory Authority

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Nicholas O'Conner

New Year, New Liability for Private Equity

Private equity firms and health care companies operating in Massachusetts will now face enhanced liability risks following the recent passage and enactment of legislation regulating private equity investment in Massachusetts… more

Compliance, False Claims Act (FCA), Healthcare, Investors, Liability

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Colleen O'Connor

The False Claims Act Enters the School Zone

On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI)… more

Affirmative Action, Civil Rights Act, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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Jack O'Connor

Navigating New Jersey’s Pay Transparency Act, Effective June 1

On June 1, new job posting requirements took effect in New Jersey under the New Jersey Pay and Benefit Transparency Act. The “Pay Transparency Act,” signed into law by Governor Phil Murphy in November 2024, requires employers to… more

Compensation & Benefits, Employee Benefits, Employer Responsibilities, Employment Discrimination, Hiring & Firing

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Kaitlin O'Donnell

Chancery Addresses "Commercially Reasonable Efforts" Clauses in the Context of an Earnout Dispute

In Shareholder Representative Services LLC v. Alexion Pharmaceuticals, Inc., the Delaware Court of Chancery addressed an earnout dispute, holding that a buyer violated its contract with the seller by failing to use “commercially… more

Acquisition Agreements, Buyers, Commercially Reasonable Efforts, Contract Terms, Earn-Outs

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Melissa O'Donnell

FTC Holds Its First Listening Session on Practices and Regulations Impacting Pharmaceutical Generic or Biosimilar Competition

On June 30, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) held the first of three listening sessions focused on ways to lower Americans’ drug prices through competition. The panels are being held as part… more

Antitrust Provisions, Biosimilars, Competition, Department of Justice (DOJ), Drug Distribution

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Judith O'Grady

A Model’s Credibility Is in the Details: FDA Draft Guidance on the Use of AI Models in Drug and Biological Product Development

In January, the U.S. Food and Drug Administration (FDA) issued its first guidance on the use of artificial intelligence (AI) models in drug development and in regulatory submissions titled, “Considerations for the Use of… more

Artificial Intelligence, Clinical Trials, Drug Safety, Food and Drug Administration (FDA), Healthcare

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Katherine O'Konski

FERC Approves Changes to PJM Capacity Accreditation Rules; Rejects Proposed Changes Seeking to Better Reflect Risk in Capacity Market Offers.

On January 30, 2024, FERC approved, subject to condition, PJM’s proposal to reform its Reliability Pricing Model, including resource adequacy risk modeling, capacity accreditation, testing requirements for capacity resources,… more

Accreditation, Capacity Market, Energy Market, Enforcement Actions, FERC

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Jennifer O'Leary

Investment Management Update - July 2019

Covering legal developments and regulatory news for registered funds, their advisers and industry participants through June 30, 2019. Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships - On… more

Broker-Dealer, Capital Formation, Common Reporting Standard (CRS), Conflicts of Interest, Duty of Care

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Allison O'Neil

The False Claims Act Enters the School Zone

On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI)… more

Affirmative Action, Civil Rights Act, Colleges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I)

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Stephanie O'Neill Macro

Pennsylvania Enacts New Digital Forgery Law

On July 7, 2025, Pennsylvania Governor Josh Shapiro enacted a new Digital Forgery Law by signing SB 649 into law, which will take effect in 60 days. SB 649 creates “new criminal penalties for anyone who uses artificial… more

Artificial Intelligence, Bad Actors, Criminal Prosecution, Cyber Crimes, Deep Fake

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Brian O'Reilly

FHWA Guidance on Implementation of ‎Infrastructure Act Funding ‎Does Not Bode Well for New ‎Capacity Projects

Following the passage of the Infrastructure Investment and Jobs Act (“IIJA”) in November, ‎‎2021, there ‎was a flurry of optimism related to the new funding and how it might help to support ‎various types of ‎projects. What was… more

Federal Funding, Federal Highway Administration, Fixing America’s Surface Transportation Act (FAST Act), Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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Melissa Oellerich Butler

FERC Revises Policy on Authorizing Pipelines to Commence Construction Pending Requests for Rehearing of Certificate Orders

On May 4, 2021, FERC issued Order No. 871-B, clarifying that the rule established in Order No. 871, which precludes FERC from authorizing natural gas pipeline companies to proceed with construction of approved pipeline projects,… more

Energy Projects, Energy Sector, FERC, Natural Gas, Oil & Gas

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Caitlin Oh

FDIC Announces Lineage Bank Consent Order Containing Third-Party Risk Management Program and Fintech Partnership Orders

The Federal Deposit Insurance Corporation (FDIC) recently announced a consent order with Tennessee-based Lineage Bank containing orders relating to the bank’s third-party risk management program and its financial technology… more

Banks, Consent Order, Consumer Financial Products, FDIC, Financial Regulatory Reform

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Carmen Olivares

Recent Changes to California’s Anti Non-Competition Laws Take Effect

As we previously noted, California recently expanded its restrictions on non-competes under California Senate Bill No. 699 by rendering void and unenforceable all restrictive covenants that would be void under California law… more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants, State Labor Laws

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Seth Oltman

CARES Act Reforms Monograph System For Over-The-Counter Drugs

Included in the CARES Act are long-awaited reforms to the FDA’s regulation of over-the-counter (OTC) medications. H.R. 748, §§ 3851-3862. The FDA has hailed the law as granting it “transformative, new authorities that will… more

CARES Act, Coronavirus/COVID-19, Expedited Approval Process, FDA Approval, New Legislation

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Rachel Ommerman

Texas Federal District Court Grants Summary Judgment on FDCPA and TDCA Claims Over Texts and Calls to a Wrong Number

In a recent decision from the U.S. District Court for the Southern District of Texas, the court granted summary judgment in favor of the defendants in a Fair Debt Collection Practices Act (FDCPA) and Texas Debt Collection Act… more

Consumer Protection Laws, Debt Collection, Debt Collectors, FDCPA, Harassment

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Jennifer Onka

FDA Draft Guidance Instructs Sponsors on Content and Timing of Diversity Plans for Clinical Trials

For several years, FDA has advanced a policy of increasing diversity in clinical trial populations. During that time, FDA issued broad policy statements, as well as guidance on improved data collection and steps sponsors could… more

Clinical Trials, Diversity, Draft Guidance, Food and Drug Administration (FDA), Investigational New Drug Application (IND)

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Matthew Orso

Crude Crimes: Treasury Warns on Oil Smuggling and Money Laundering

The Treasury Department has taken initial steps to implement the Trump administration’s “total elimination” policy directed at certain drug trafficking cartels. Most recently, on May 1, Treasury’s Financial Crimes Enforcement… more

Border Security, Cartels, Crude Oil, Economic Sanctions, Financial Crimes

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Ethan Ostroff

First Enforcement Action Taken by California’s Department of Financial Protection and Innovation Under DFAL

Recently, the Department of Financial Protection and Innovation (DFPI) in California issued a consent order against Coinme Inc., a company operating digital financial asset kiosks, commonly known as Bitcoin ATMs, across the… more

ATMs, Bitcoin, Consent Order, Cryptocurrency, Department of Financial Protection and Innovation (DFPI)

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Hannah Oswald

Cybersecurity Safe Harbors – One Step Forward and Two Steps Back

Cyberattacks continue to increase in number and severity. This increase has amplified the need for legislation to protect both businesses and consumers. In previous articles, we discussed the few states that enacted “safe… more

Cyber Attacks, Cybersecurity, Gross Negligence, Popular, Safe Harbors

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Chelsea Overhuls

Disappearing Discounts?: IRC 2704 Proposed Regulations Threaten Valuation Discounts for Transfers of Interests in Family-Controlled Entities

Purpose of Section 2704 - Internal Revenue Code Section 2704 was originally passed to restrict certain types of valuation discounts on transfers of ownership interests in family-owned businesses among family members. While… more

Estate Planning, Family Businesses, Internal Revenue Code (IRC), IRC Section 2704, Valuation

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Abolade Oyetunji

Major Change to Federal Contractors’ Affirmative Action Requirements

On Tuesday, President Trump radically changed the legal landscape for federal contractors when he revoked an executive order that had been in effect for nearly 60 years. Executive Order 11246, issued by President Johnson in… more

Affirmative Action, Anti-Discrimination Policies, Disability Discrimination, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Austin Padgett

Why Should I Register My Trademark?

You have a brand—a trademark—for your business. Perhaps it is a word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services. At its heart, trademark law is designed… more

Brand, Enforcement, Goods or Services, Intellectual Property Protection, International Trademark Protection

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Lane Page

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Sarah Jones Page

US EPA Warns of Fraudulent NOVs

Phishing scams can pop up anywhere, as evidenced by the U.S. Environmental Protection Agency (EPA) Office of Inspector General’s recent alert regarding fraudulent Notice of Violation letters (NOVs)… more

Data Protection, Environmental Policies, Environmental Protection Agency (EPA), Fraud, Notice of Violation

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Sean Page

FCA’s Proposals for Reform of UK Listing ‎Regime

On 3 May 2023 the Financial Conduct Authority (FCA) published its consultation paper (CP23/10) setting out a blueprint for significant reforms of the UK listing regime for issuers of shares. The policy proposals are intended to… more

Financial Conduct Authority (FCA), Financial Services Industry, Investors, Shareholders, UK

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Alicia Palladino

The Patent Winter Is Here: Do You Have a Winning IP Strategy or Will You Be Left in the Cold?

The Big Pharma superpowers are on the edge of a patent cliff. The combination of patent expirations, uncertain product and patent pipelines, and expiring regulatory exclusivities will negatively impact a host of Big Pharma… more

Innovation, Intellectual Property Protection, Patents, Research and Development

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Pamela Palmer

Federal Judge Refuses to Dismiss Tobacco and Cannabis Company's Class-Action SEC Disclosure Suit Based on 10b-5(b) Scienter and Loss Causation Requirements

On January 6, a federal judge for the Western District of New York denied a cannabis and tobacco engineering company’s attempt to dismiss claims that it concealed a U.S. Securities and Exchange Commission (SEC) investigation to… more

Class Action, Loss Causation, Rule 10b-5, Scienter, Securities and Exchange Commission (SEC)

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Isabela Herlihy

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Ernesto Rafael Palomo

What Goes Around Comes Around

In 1990, the Second Circuit in Bellefonte Reinsurance Co. v. Aetna Casualty & Surety Co., 903 F.2d ‎‎910 (2d Cir. 1990), affirmed a District Court judgment that reinsurers were not obligated to pay ‎additional sums for defense… more

Indemnity, Insurance Industry, Insurance Litigation, Reinsurance

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Michael Paluzzi

Do Your Diligence: M&A Considerations Following OIG’s Special Fraud Alert on Telemedicine

Reimbursement and licensing regulations that once restricted telehealth services have relaxed in recent years, fueling massive investment in telemedicine companies and provider implementation of telehealth modalities. A study by… more

Anti-Kickback Statute, Department of Justice (DOJ), Health Care Providers, Healthcare Fraud, OIG

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S. Jennifer Panahi

FERC Temporarily Raises Cost Limits for Blanket Certificate Pipeline Projects to $61.65 Million

On June 18, 2025, FERC temporarily raised the cost limits for blanket certificate natural gas pipeline projects constructed and placed into service by May 31, 2027, from $41 million to $61.65 million. Citing what it called a… more

Energy Policy, Energy Projects, FERC, Government Agencies, Infrastructure

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Arien Parham

More Privacy, Please - December 2021

Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to… more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Cybersecurity Information Sharing Act (CISA), Data Security, FDIC

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Gregory Parisi

Preparing for the FDIC’s Final Enforceable Guidelines on Corporate Governance and Risk Management: State Nonmember Banks with Assets Above — and Potentially Also Below — $10 Billion Take Note

Over one year ago, on October 3, 2023, the Federal Deposit Insurance Corporation (FDIC) proposed supervisory guidelines that would establish standards for corporate governance and risk management for all state non-member banks… more

Banks, Corporate Governance, FDI Act, FDIC, Final Guidance

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Yane Park McKenzie

Key Immigration Changes Under President Trump 2.0

Since day one in the Oval Office, President Trump has made sweeping immigration policy changes with a focus on tightening the U.S. borders and deporting undocumented migrants. While these changes undoubtedly affect individuals… more

Border Security, Employer Liability Issues, Employment Authorization Documents (EAD), Foreign Workers, Form I-9

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Jaycee Parker

DOJ-HHS Establishes New Working Group to Enhance FCA Enforcement

On July 2, 2025, the U.S. Department of Justice (DOJ) announced the formation of a new working group in collaboration with the U.S. Department of Health and Human Services (HHS) focused on the enforcement of the False Claims Act… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Actions, False Claims Act (FCA)

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Lydia Parker

Navigating Legal Strategies for Covering GLP-1s in Self-Insured Medical Plans — Employee Benefits and Executive Compensation Podcast

In this episode of Troutman Pepper Locke's Employee Benefits and Executive Compensation podcast, hosts Lydia Parker and Lynne Wakefield explore the complex legal landscape surrounding the coverage of GLP-1s prescribed for weight… more

Affordable Care Act, Americans with Disabilities Act (ADA), Employee Benefits, Employee Rights, Health Insurance

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Keith Parr

FTC v. Shire ViroPharma

The U.S. Court of Appeals for the Third Circuit affirmed the district court’s dismissal of the FTC’s complaint against Shire ViroPharma, rejecting the FTC’s argument that Section 13(b) of the FTC Act is “satisfied by showing a… more

Administrative Proceedings, Federal Trade Commission (FTC), FTC Act, Generic Drugs, Pharmaceutical Industry

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Neftali Partida

87th Legislature Preparation Guide: Lobbying in Texas under the Cloud of COVID-19

The Texas Legislature is a unique citizen-led body that meets every odd numbered year, for 140 days. There are 31 members of the Senate, who serve four-year terms, and 150 members of the House of Representatives, who serve… more

Best Practices, Client Services, Coronavirus/COVID-19, Lobbying, Lobbyists

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Dascher Pasco

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Michael Patané

USPTO Extends Certain Patent Deadlines to Address COVID-19 Delays

Amid concerns from inventors, applicants and their representatives that the COVID-19 outbreak is creating hardships in maintaining the prosecution and protection of patents and trademarks, the Director of the United States… more

CARES Act, Coronavirus/COVID-19, Filing Deadlines, Intellectual Property Protection, Patent Applications

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Shaleen Patel

Supreme Court Leaves as Many Questions as It Answers in 'Google v. Oracle'

The Court cleared Google of copyright infringement in terminating a 16-year long dispute as to whether Google’s Android mobile platform had infringed Oracle’s Java programming language’s copyright. However, the Court did not… more

Copyright, Copyright Infringement, Fair Use, Google, Intellectual Property Protection

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Shannon VanVleet Patterson

The Role of General Counsel in Advising Boards of Directors on the Use of AI — The Consumer Finance Podcast

Join Troutman Pepper Partner Chris Willis and Counsel Shannon Patterson as they discuss the top issues a company's board of directors needs to consider regarding the use of artificial intelligence (AI) in its business. Shannon… more

Artificial Intelligence, Consumer Financial Products, Consumer Lenders, Corporate Governance, Financial Institutions

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David Patton

Locke Lord QuickStudy: Range Resources Case

On March 6, 2015, the Texas Supreme Court decided a case involving the duties owed to the non-executive holder of a nonparticipating royalty interest by both the executive rights holder and the lessee that negotiated the lease… more

Breach of Duty, Lease Termination, Mineral Leases, Oil & Gas, Pooling Agreement

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Carrie Paulsen

Recent Tort Reforms Expected to Have Major Impact on Insurance Litigation in Florida

A wide range of tort reform laws (HB 837) were recently approved by the Florida House and went into effect on March 24. HB 837 is intended to help protect businesses and insurers from excessive litigation in Florida and is… more

Bad Faith, Insurance Industry, Insurance Litigation, Insurance Reform, Insurance Regulations

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Lissette Payne

More Privacy, Please - October 2022

Editor’s Note: In the U.S. laws and regulation space, the White House is focusing on privacy, evident through its session on accountability for big tech and the recent executive order highlighting cybersecurity risks. Meanwhile,… more

Biometric Information, Biometric Information Privacy Act, CFIUS, COPPA, Cybersecurity

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Mark Payne

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,… more

California, Discrimination, Employees, Employer Liability Issues, Healthcare

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Charles Peeler

Lessons Learned: A Government Litigation Case Study

Allegations of a sprawling poultry price-fixing scheme affecting millions of Americans. An “unheard-of” three trials. Two mistrials. The Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division… more

Department of Justice (DOJ), Mistrial, Poultry, Price-Fixing

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Gerald Pels

New Texas Railroad Commission Rules: Challenges and Permitting for the E&P Industry

On December 17, 2024, the Railroad Commission of Texas (RRC) adopted new comprehensive regulations governing the handling, storage, treatment, and disposal of oil and gas waste. The rules were published January 3, 2025, in the… more

Final Rules, Hazardous Waste, New Regulations, Oil & Gas, Permits

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Russell Perdew

Legal Challenges to Small-Business ‎Data Collection Rule Dwindle as Texas Court Sides With CFPB

On August 26, 2024, a federal district court for the Southern District of Texas granted summary judgment in the Consumer Financial Protection Bureau’s favor and rejected a challenge to the CFPB’s Final Rule regarding section… more

Consumer Financial Protection Bureau (CFPB), Data Collection, ECOA, Final Rules, Financial Services Industry

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Andrew Perel

NJDEP Heightens the Hurdle to Achieve Closure of Groundwater Remediation Cases

Effective February 3, 2025, the New Jersey Department of Environmental Protection (NJDEP) adopted amendments to the Ground Water Quality Standards (GWQS), N.J.A.C. 7:9C. The amendments updated the groundwater quality criteria… more

Clean Water Act, Environmental Policies, Groundwater, New Jersey, NJDEP

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Christian Perez

Can an Arbitrator Require Arbitration by Videoconference?

In response to the stay-at-home orders issued by various state and local authorities aimed at slowing the spread of COVID-19, all aspects of the economy have been experimenting with various online platforms as a way to keep… more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Videoconference

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Joe Perillo

Delaware Court of Chancery Confirms Ability of Stockholders to Assert Third-Party Beneficiary Claims Under Merger Agreements

A common provision in merger agreements is denial of the right of non-parties to the agreement to assert third-party beneficiary claims. The use of this provision left open the question whether stockholders of a disappearing… more

Corporate Counsel, Delaware General Corporation Law, Merger Agreements, Mergers, Third-Party Beneficiaries

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James Peterka

Tax Court Finds Legal Fees Incurred in Defending Hatch-Waxman Lawsuits are ‎Deductible Expenses

On April 27, 2021, the U.S. Tax Court issued its decision in Mylan, Inc. v. Comm’r of Internal Revenue regarding which legal fees that a generic-drug manufacturer incurs in connection with its Abbreviated New Drug Application… more

Abbreviated New Drug Application (ANDA), Generic Drugs, Hatch-Waxman, IRS, Patent Infringement

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Owen Peters

Supreme Court Strikes Down Sixth Circuit Rule Heightening Discrimination Standard for Members of Majority Groups

A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio… more

Ames v Ohio Department of Youth Services, Appeals, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employees

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Timothy Peterson

Approving New Vaccines in the Time of COVID-19

The full weight of the federal government (and obvious public support) is being brought to bear on the development and approval of a vaccine for COVID-19. But what are the steps involved in that process?… more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Life Sciences, Public Health

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Lisa Petkun

Final Section 162(f) Regulations Set Forth Deductibility Rules for Payments Involving Government Investigations

Background - Sections 162(f) and 6050X changed the requirements for taxpayers to deduct amounts paid to the government or at its direction under court-ordered judgments, settlement agreements, non-prosecution agreements,… more

Government Investigations, IRS, Section 162(f), Tax Cuts and Jobs Act

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Kevin Petrasic

Federal Banking Agencies Announce Intent to Rescind 2023 Community Reinvestment Act Final Rule

On March 28, the Federal Reserve Board, the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (together, the federal banking agencies) announced their intent to rescind the… more

Banking Sector, Community Reinvestment Act, Deregulation, Equal Access to Credit, FDIC

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Brittanee Petrik

A Unique Solution to COVID-19-Related Delays at the U.S. International Trade Commission

Under Section 337, the U.S. International Trade Commission (ITC or Commission) investigates allegations of unfair practices in import trade that most often involve claims regarding intellectual property rights, including… more

Administrative Law Judge (ALJ), Confidential Business Information (CBI), Coronavirus/COVID-19, Imports, International Trade Commission (ITC)

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Eric Pettis

Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International… more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Alexandra Peurach

New Rules Approved for the Georgia Statewide Business Court

On May 13, the Supreme Court of Georgia approved new rules governing the Georgia statewide Business Court. The new rules, which take effect on August 1, significantly expand parties' access to the Business Court, among other… more

Business Court, Forum Selection, Jurisdiction, New Rules

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Kim Phan

Driving Digital Security: The FTC's Safeguards Rule Explained — Moving the Metal: The Auto Finance Podcast

In this episode of Moving the Metal: The Auto Finance Podcast, hosts Brooke Conkle and Chris Capurso are joined by colleagues Kim Phan and Aileen Ng for a deep dive into the Federal Trade Commission's (FTC) Safeguards Rule under… more

Automotive Industry, Automotive Loans, Biden Administration, Cybersecurity, Data Breach

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Stephanie Phan

Pinto v. Farmers Insurance Exchange: California Appellate Court Confirms Juries Must Specifically Find Insurer Acted Unreasonably in Bad Faith Failure to Settle Cases

On March 8, the California Court of Appeal issued an important opinion clarifying that the trier of fact in a bad faith “failure to settle” case must specifically find that the insurer acted unreasonably in order to find against… more

Insurance Industry, Insurance Litigation, Jury Instructions, Jury Trial

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Victoria Phan

Ninth Circuit Provides Companies New Guidance and Much Needed Potential Relief in Prop 65 Litigation

For decades, companies have faced lawsuits for violation of the California Safe Drinking Water and Toxic Enforcement Act, also known as “Prop 65.” Some of these actions are legitimate, while others often bear resemblance to a… more

Chemicals, Proposition 65, Toxic Chemicals, Toxic Exposure

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Thomas Phelan

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Charles Phipps

The Federal Circuit Clarifies the Law of ‎Proper Venue in Patent ‎Cases Involving the Presence of a ‎Purported Agent in a Given ‎Fora

The Court of Appeals for the Federal Circuit has recently clarified the law concerning whether patent ‎venue is proper under agency law, specifically in the context of whether the presence of a franchisee ‎in a given fora is… more

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

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Stephen Piepgrass

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Stephanie Pindyck Costantino

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Andrew Pittman

MOSLA Claim Cannot Be Predicated on Underlying RESPA Claim When No Injury Exists

The U.S. Court of Appeals for the Eighth Circuit held that a claim based on an alleged violation of the Minnesota Mortgage Originator and Servicer Licensing Act (MOSLA) cannot be maintained when the MOSLA claim was based solely… more

Borrowers, Mortgage Lenders, Mortgage Servicers, Mortgages, RESPA

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Justin Platt

SEC's Division of Corporation Finance Revises CD&Is on Non-GAAP Financial Measures

On December 13, the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance staff (the staff) updated its Compliance & Disclosure Interpretations (CD&Is), concerning the use of non-generally accepted… more

CD&I, Non-GAAP Financial Measures, Publicly-Traded Companies, Regulation G, Regulation S-K

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Dominyka Plukaite

Supreme Court Review May Prove the Death Knell to SEC Administrative Courts

On June 30, the U.S. Supreme Court granted certiorari in SEC v. Jarkesy, et al. and agreed to hear the case that could potentially end the use of administrative courts and administrative law judges (ALJ) in administrative agency… more

Administrative Law Judge (ALJ), Administrative Proceedings, Certiorari, Enforcement Actions, SCOTUS

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Dustin Plumadore

Eliminating Kickbacks in Recovery Act: What In-Office Laboratories Need to Know

To combat the effects of declining reimbursement levels, many physicians and practice groups offer ancillary services to improve patient care and supplement practice revenues. The delivery of these ancillary services, such as… more

Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Fraud and Abuse, Health Care Providers, Healthcare Fraud, Kickbacks

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Rachelle Pointdujour

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Geoffrey Polma

U.S. Supreme in South Dakota v. Wayfair, Inc. Overturns Longstanding Limitation on States’ Ability to Compel Sales Tax Collection on Internet and Catalogue Sales: What Happens Now?

The United States Supreme Court on June 21, 2018 issued a decision in the closely watched sales tax collection case of South Dakota v. Wayfair Inc., Case Number 17-494. The 5 – 4 decision overturned the cases of National Bellas… more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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Leigh Poltrock

The Latest on HUD's Disparate Impact Rule - The Consumer Finance Podcast

Please join Troutman Pepper Partner Chris Willis and his colleagues Lori Sommerfield and Leigh Poltrock as they discuss HUD's ever-changing disparate impact rule. Topics include an analysis of the rule's many versions over the… more

Disparate Impact, Fair Housing Act (FHA), Housing Discrimination, HUD, Mortgage Lenders

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Camille Pompei

SEC Adopts Amendments to Modernize Reg S-K Disclosure Requirements

On August 26, the SEC modernized the disclosure requirements in Items 101 (Description of Business), 103 (Legal Proceedings), and 105 (Risk Factors) of Regulation S-K, reflecting the first significant revisions to these… more

Disclosure Requirements, Environmental Social & Governance (ESG), Human Capital, Modernization, Non-GAAP Financial Measures

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Alan Poole

Data Centers: Demand, Development, and Future Challenges With Ali Greenwood — TAG Infrastructure Talks Podcast

Ali Greenwood, executive director in Cushman & Wakefield's Global Data Center Advisory Group, joins host Alan Poole to discuss historical, current, and future drivers of the demand and velocity of data center construction across… more

Data Centers, Data Protection, Energy Sector, Infrastructure, Popular

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Mitchell Popham

Business Interruption Insurance Coverage Litigation Arising From COVID-19

Opening day might be delayed, but first pitches have already been thrown in courtrooms across the U.S. by insureds seeking business interruption cover for Covid-19 related losses. The judges calling balls and strikes in such… more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry

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Paul Porretta

Multiemployer Pension Plans in Mergers and Acquisitions — Troutman Pepper Podcast

In this insightful episode of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, attorneys Paul Porretta and Christopher Stock delve into the complex world of… more

Acquisitions, Employee Benefits, Executive Compensation, Mergers, Multi-Employer Pensions

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Jennifer Porter

SEC's Division of Corporation Finance Revises CD&Is on Non-GAAP Financial Measures

On December 13, the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance staff (the staff) updated its Compliance & Disclosure Interpretations (CD&Is), concerning the use of non-generally accepted… more

CD&I, Non-GAAP Financial Measures, Publicly-Traded Companies, Regulation G, Regulation S-K

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Mitchell Portnoy

HSR Thresholds Lower for 2021

Yesterday, the Federal Trade Commission (FTC) announced the annual changes to the thresholds for Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act) and 8 (interlocking directors) of the Clayton Act. For only the second… more

Acquisitions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate, Mergers

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Joel Post

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

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A. Michael Pratt

District Court Offers Clarification to Autodialer Definition in Telephone Consumer Protection Act

Does a predictive dialer qualify as an “automatic telephone dialing system” (ATDS), thereby triggering the application of the Telephone Consumer Protection Act of 1991 (TCPA)?… more

ATDS, Auto-Dialed Calls, FCC, Robocalling, Statutory Interpretation

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Jonathan Preziosi

Protecting Contractors Subject to Chief Engineer Decision Clauses

Most contractors have encountered a prime contract provision with a governmental agency or public authority owner where the contract states that all claims for extra costs, delay damages or the like must be presented to the… more

Construction Contracts, Construction Industry, Construction Project, Contract Claims, Contract Disputes

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Brett Pritchard

Tighter SEC Cybersecurity Incident Disclosure ‎Requirements Go into Effect Today

The new SEC cybersecurity rules (Release No. 33-11216), codify and build on earlier SEC guidance on cybersecurity risks and incidents and require specific cybersecurity-related disclosures… more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Form 8-K, Popular

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Amy Pritchard Williams

Wisconsin v. Bell and What’s Next for FCA Enforcement

2025 is already shaping up to be an active year for False Claims Act (FCA) litigation. With the recent announcements of executive orders that may expand the FCA as an enforcement tool, as discussed in a recent Troutman Pepper… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Enforcement Actions, Executive Orders, False Claims Act (FCA)

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Alexandria Pritchett

Minnesota Enacts the Latest State Privacy Law – HF 4757 / SF 4782

On May 24, Minnesota Governor Tim Walz (D) signed the Minnesota Consumer Data Privacy Act (MCDPA) into law. The MCDPA largely aligns with previous state consumer privacy laws, but it introduces some significant and novel… more

Consumer Privacy Rights, Data Collection, Data Management, Data Privacy, Data Protection

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Howard Privette

US Supreme Court Reverses Class Certification in 10b-5 Action

On June 21, the U.S. Supreme Court issued a decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, a closely watched case involving the standards for class certification in securities class actions… more

Arkansas Teacher Retirement System v Goldman Sachs Group, Basic v Levinson, Burden of Persuasion, Burden of Proof, Certiorari

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Hannah Provost

Q1 De Novo Bank Trends

There has been recent turmoil in the U.S. stock markets over the past few weeks as the country starts to take steps toward reopening as a result of the pandemic. However, financial institution stocks have been buoyed by… more

Banking Sector, Banks, FDIC, Financial Institutions, Investors

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Sarah Pruett

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Jennifer Prushan

More Than $1.24B in SBA Debenture Leverage Priced at 4.38%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term… more

Debentures, Investment, Private Investment Funds, SBA, SBIC

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Allison Pryor

Capacity Crunch Series Continued: Balancing Reliability, Unprecedented Load Growth & Affordability in the Energy Transition (Part 2) - Energy Law Insights

Join Troutman Pepper energy attorneys Allison Pryor and Josh Combs as they explore how utilities, regulators, and stakeholders are working to balance unprecedented load growth, reliability, and affordability amidst the ongoing… more

Clean Energy, Electricity, Energy Market, Energy Projects, Energy Sector

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Katherine Puccio

Finding Foreign Service Difficult? Look for the Defendant on Facebook

Your company has entered into a contract with a smaller, foreign company to do business. While your relationship starts off strong, it quickly sours when you discover that the smaller company’s quality standards do not meet the… more

Business Litigation, Email, Facebook, Foreign Defendants, Foreign Entities

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Glenn Pudelka

Who Owns Creativity? — AI in Entertainment

The use of artificial intelligence (AI) in the film and television industry in content creation raises many legal and business issues. One key issue is the ownership of the works generated using AI and the ability to register a… more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Copyright Office

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Daniel Pulka

How Firms Can Use Feedback to Create an Internal Service Culture

Law firms are increasingly implementing formal processes to gather feedback on the client experience. But when it comes to the internal client experience—the service that attorneys and employees receive from a firm’s business… more

Client Services, Law Firm Ownership, Law Firm Partners, Law Practice Management

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Clay Pulliam

Texas Senate Bill 840: A Game-Changer for Housing Development

On May 28, Senate Bill 840 arrived on Texas Governor Greg Abbott’s desk after passing the Texas House and Texas Senate with bipartisan support. Authored by State Senator Bryan Hughes, the bill aims to increase the state’s… more

Commercial Property Owners, Construction Project, Housing Market, Land Developers, Mixed-Use Zoning

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Savir Punia

Nasdaq Proposal Provides Temporary Relief From Certain Listing Requirements Through June 30

On April 16, the Nasdaq Stock Market issued Nasdaq Issuer Alert 2020-2, announcing a proposal for temporary relief for companies listed on the exchange with respect to stock prices and market values that have fallen below… more

Capital Markets, Coronavirus/COVID-19, Listing Standards, Nasdaq, Publicly-Traded Companies

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Pierre Queiroz de Oliveira

Aligning a Product's Marketing, Regulatory and IP Plans

Patent protection can be critical for health care products, including medical devices, prescription drugs, dietary supplements and software as a medical device (SaMD). Originally published in Law360 - September 8, 2017… more

Dietary Supplements, Food and Drug Administration (FDA), Intellectual Property Protection, Marketing, Medical Devices

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Terry Radney

[Webinar] Distressed Energy Assets: Market Update and Key Considerations For Acquirers - April 23rd, 12:00 pm - 1:00 pm CT

- Current Climate: Discussion of the current restructuring environment.? - Tactical Considerations: The pros and cons of purchasing through bankruptcy and the differences between jurisdictions.? - Process Questions:… more

Acquisitions, Continuing Legal Education, Debt Restructuring, Distressed Assets, Economic Downturn

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Ronald Raether

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The lawsuits… more

Class Action, Colorado, Consent, Consumer Protection Laws, Corporate Counsel

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Ausra Ragauskaite

Initial Form CRS Filings Due by June 30; Compliance Date Not Extended

On April 7, 2020, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced that, after the initial June 30, 2020 compliance date to file Form CRS, the OCIE will conduct… more

401k, Broker-Dealer, Form ADV, Form CRS, IARD

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Gayatri Raghunandan

Third Circuit Holds Rule of Reason Appropriate for Review of Hybrid Horizontal and Vertical Conspiracy

On August 28, the U.S. Court of Appeals for the Third Circuit denied Winn-Dixie’s appeal for a new trial in its lawsuit against the Eastern Mushroom Marketing Cooperative (EMMC). The supermarket chain alleged that EMMC, its… more

Acquisitions, Antitrust Litigation, Price-Fixing, Sherman Act

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Megan Conway Rahman

DOJ Antitrust Unit Launches Whistleblower Rewards Program

The U.S. Department of Justice, Antitrust Division (DOJ) has announced a new initiative aimed at enhancing the detection and prosecution of antitrust violations… more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Bid Rigging, Criminal Prosecution

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James Rain

Centers for Disease Control Order: Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19

Introduction - In an action intended to mitigate the spread of COVID-19 and pursuant to authority under 42 U.S.C. 264? and 42 CFR Section 70.2,? the Centers for Disease Control (“CDC”) published an order (“Order”) on… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Landlords, Moratorium

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Susan Rainey

Supreme Court Limits the Scope of ‎‎“Waters of the ‎U.S.”‎: What Developers Need to Know‎

The definition of the term “waters of the United States” (“WOTUS”) in the Clean Water Act (“CWA”), and the resulting scope of the jurisdiction of the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers… more

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

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Sushmitha Rajeevan

Compulsory Ip Licenses For COVID-19 Relief: Beyond The Defense Protection Act

Stakeholders in intellectual property rights face enforcement and reputation challenges arising from the coronavirus emergency. Patents, trademarks and copyrights associated with pandemic countermeasures may be subject to… more

Compulsory Licenses, Coronavirus/COVID-19, Defense Production Act, Intellectual Property Protection, Medical Supplies

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Nicholas Ramos

FDA and CBP Seize Nearly $34M Worth of Illegal E-Cigarettes in Joint Operation

In the first major enforcement action involving the importation of illegal tobacco products by the new administration, and on the heels of the appointment of the new acting director of the U.S. Food and Drug Administration (FDA)… more

China, Customs and Border Protection, E-Cigarettes, Enforcement Actions, Federal Food Drug and Cosmetic Act (FFDCA)

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Matthew Ramsey

Investment Management Update - Q1 2025

Explore the latest legal developments and regulatory updates impacting funds, advisers, and industry participants, including SEC rule amendments, compliance extensions, and guidance on accredited investor verification… more

Financial Markets, Investment Adviser, Investment Funds, Investment Management, Regulatory Requirements

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Travis Randle

With Delayed Federal Action on Mandatory Climate Disclosures, States and Regulators Fill the Void

In the absence of comprehensive federal action, states and regulators are enacting legislation and issuing guidance requiring climate-related disclosures, stepping in to fill the void left by the U.S. Securities Exchange… more

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

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Brandon Raphael

Antitrust Insights for Private Equity Navigating the New Administration's Policies — PE Pathways Podcast

In this episode of PE Pathways, Brandon Raphael, a partner from the firm’s Private Equity practice, is joined by fellow Partners Barbara Sicalides and Joe Farside from the firm's Antitrust practice group to discuss antitrust… more

Antitrust Division, Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Andrew Raunau

More Privacy, Please - January 2023

Editor’s Note: In regulatory news, the Colorado AG published a second version of its proposed regulations. In U.S. litigation, Meta and TikTok both faced further litigation, and an Illinois court ruled that J&M Plating must… more

Data Breach, Data Collection, Data Protection, Facial Recognition Technology, Internet

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Mary Katherine Rawls

SEC Final Rule: The Enhancement and Standardization of Climate-Related Disclosures for Investors

On Wednesday, the SEC approved final rules for standardized climate-disclosure. A tabular summary of the final rules is available here. With two significant exceptions, the final rules are largely consistent with the proposed… more

Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules, Greenhouse Gas Emissions

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Ed Razim

IRS Issues Proposed Regulations on the Expanded Definition of "Covered Employee" Under Code Section 162(m)

On January 16, the Internal Revenue Service (IRS) published proposed regulations ( 90 FR 4691) under Section 162(m) of the Internal Revenue Code. Section 162(m) generally limits the deductibility of compensation paid in any tax… more

American Rescue Plan Act of 2021, Compensation & Benefits, Corporate Governance, Internal Revenue Code (IRC), IRS

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Donald Readlinger

HUD Proposes Reviving Discriminatory Effects Standard for FHA Claims

On June 25, the latest edition of the Federal Register included a proposal from the Department of Housing and Urban Development (HUD or Department) to bring back the “Implementation of the Fair Housing Act’s Discriminatory… more

Disparate Impact, Fair Housing Act (FHA), Housing Discrimination, HUD

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Emily Reber

Oregon Employment Law Update

Q: What new employment laws impact Oregon employers? A. The employment law landscape is shifting in Oregon, with this year’s legislative session bringing several noteworthy changes to the state’s employment laws… more

Coronavirus/COVID-19, Employer Liability Issues, Hairstyle Discrimination, Non-Compete Agreements, State Labor Laws

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Hanna Redd

How Can a Consignor Perfect Consignment Rights Before a Bankruptcy Is Filed - Creditor’s Rights Toolkit

Consignments may be governed by either common law or Article 9 of the Uniform Commercial Code, the latter of which requires the consignor to comply with various procedures in order to perfect its security interest in the… more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Distressed Debt, Restructuring

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Whitney Redding

Virtual International Arbitration And The COVID-19 Pandemic: One Institution's Approach

In the midst of the COVID-19 pandemic, the flexibility of arbitration is on full display. Unlike courts, which must clear bureaucratic hurdles to implement changes while also adhering to requirements such as public access,… more

Arbitration, Coronavirus/COVID-19, International Arbitration, Jurisdiction, Law & Motion Hearings

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Andrew Reed

Florida’s CHOICE Act Expected to Expand Employer-Friendly Non-Compete Laws on ‎July 1‎

Pending expected approval from Gov. Ron DeSantis, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act is expected to go into effect on July 1, 2025. Once in place, the CHOICE… more

Contract Terms, Employees, Employer Responsibilities, Employment Contract, Florida

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Brandon Reed

Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International… more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Michael Reed

Supreme Court’s Denial of Certiorari Strengthens Intellectual Property Licensees’ Protections in Cross-Border Insolvency Cases

Chapter 15 of the Bankruptcy Code provides mechanisms for dealing with cases of cross-border insolvency. On Oct. 6, 2014, the U.S. Supreme Court, in Jaffé v. Samsung Electronics Co., Ltd., denied review of a decision of the U.S… more

Chapter 15, Commercial Bankruptcy, Cross-Border, Insolvency, Patents

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Rebecca Reed

Challenging Weight of the Evidence Methodology

Use of a WOE methodology may be appropriate for government regulation, but it should not establish legal liability. Originally published in In-House Defense Quarterly, a publication of DRI - Winter 2017… more

Evidence, Expert Testimony, Litigation Strategies, Risk Assessment

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Brittany Reeves

Women at the ITC in 2023: What This Year's Data Shows

For the second year in a row, we pulled and analyzed data on the number of women who appeared in International Trade Commission (ITC) investigations. This year’s data confirms what we saw last year: that women are… more

Administrative Hearings, Administrative Law Judge (ALJ), Diversity and Inclusion Standards (D&I), Imports, Intellectual Property Protection

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Ashleigh Reibach

NY Court Blocks Mezzanine Lender’s UCC Foreclosure Sale in Light of COVID-19 Pandemic

On June 23, the New York County Supreme Court issued a rare preliminary injunction temporarily halting a mezzanine lender’s UCC foreclosure sale of the Mark Hotel in New York City because the procedures for the foreclosure sale… more

Borrowers, Commercial Property Owners, Coronavirus/COVID-19, Executive Orders, Foreclosure

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Ashleigh Reibach Huggett

Time May Not Solve Compliance Issues With NY Lending Law

On Dec. 31, 2021, the New York Department of Financial Services announced that commercial finance providers doing business in New York state will receive additional time to comply with the New York state Commercial Finance… more

Banking Sector, Banks, Borrowers, Financial Services Industry, Lenders

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Richard Reibstein

Home Improvement and Legal Services Industries Under Attack for Independent Contractor Misclassification Claims: June 2025 IC Legal News Update

Last month, there were only a couple of legal developments in the area of independent contractor (IC) compliance and misclassification, but they were significant because two more industries — home improvement and legal services… more

Class Action, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Ghillaine Reid

Conviction in Insider Trading Case Brings New Attention to 10b5-1 Plans

On June 23, the U.S. Department of Justice announced that Terren Scott Peizer, founder of Ontrak Inc., a Miami-based publicly traded health care company, has been sentenced to three and one half years in prison by a California… more

10b5-1 Plans, Appeals, Corporate Crimes, Criminal Prosecution, Department of Justice (DOJ)

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Roger Reigner Jr.

Navigating the One Big Beautiful Bill Act: A Practical Guide

On July 4, 2025, H.R. 1 — the One Big Beautiful Bill Act (the OBBBA) was enacted into law. We discussed the version of the bill that passed in the House in May (the House bill) in our previous update. On July 1, the Senate… more

Clean Energy, Energy Policy, Energy Projects, Foreign Entities, Foreign Investment

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Joseph Reilly

Texas Enacts New Commercial Sales-Based Financing Bill Severely Restricting Automatic Debits

On June 20, the Texas Legislature passed H.B. 700, which introduces several new regulatory requirements for providers and brokers of commercial sales-based financing operating within the state. The law applies to merchant cash… more

Borrowers, Consumer Financial Products, Disclosure Requirements, Financial Services Industry, FinTech

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Terrance James Reilly

Investment Management Update - Q1 2025

Explore the latest legal developments and regulatory updates impacting funds, advisers, and industry participants, including SEC rule amendments, compliance extensions, and guidance on accredited investor verification… more

Financial Markets, Investment Adviser, Investment Funds, Investment Management, Regulatory Requirements

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Thomas Reilly

July 2023 Class Action Blog Summary

What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?… more

Appeals, Article III, ATDS, Auto-Dialed Calls, Class Action

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Elizabeth Reilly-Hodes

Credentialing Considerations For Health Care Systems Using Out-Of-State Practitioners During The COVID-19 Pandemic

Many hospitals and health care systems are turning to out-of-state practitioners to quickly ramp up staffing to the levels necessary to respond to the COVID-19 pandemic… more

Coronavirus/COVID-19, Credentialing, Health Care Providers, Healthcare Workers, Hospital Privileges

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Todd Reinstein

IRS Issues Private Letter Ruling on Plain Vanilla Preferred Stock

Plain vanilla preferred corporate stock has two significant consequences for federal income tax purposes. Ownership of plain vanilla preferred stock is not included in measuring owner shifts of loss corporations under Section… more

Income Taxes, IRS, Preferred Shares, Private Letter Rulings, Section 382

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Sarah Reise

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Tori Lynn Remington

How Can a Consignor Perfect Consignment Rights Before a Bankruptcy Is Filed - Creditor’s Rights Toolkit

Consignments may be governed by either common law or Article 9 of the Uniform Commercial Code, the latter of which requires the consignor to comply with various procedures in order to perfect its security interest in the… more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Distressed Debt, Restructuring

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Michael Renetzky

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Brad Resweber

Applications for Georgia Merchant Acquirer Limited Purpose Bank Charter: A Positive Sign for Fintech and Nonbank Direct Access to Card Networks

On January 12, Fiserv announced that it filed an application with the state of Georgia for a merchant acquirer limited purpose bank (MALPB) charter. This application is a seismic development and positive sign for those in the… more

Banks, Financial Institutions, Financial Regulatory Reform, Financial Services Industry, FinTech

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Jon Rewinski

Economic Loss Rule Precludes Negligence Claims in the Southern California Gas Leak Litigation

On December 15, 2017, a California appellate court held in Southern California Gas Co. v. Superior Court, No. B283606, 2017 WL 6398546 (Cal. Ct. App. Dec. 15, 2017), that Southern California Gas Company (“SoCalGas”) did not owe… more

Class Action, Economic Loss Doctrine, Negligence, Oil & Gas

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Lu Reyes

NIL Enforcement in a Post-House World – What Institutions Can Expect — Highway to NIL Podcast

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Mike Lowe, Lu Reyes, and Philip Nickerson examine the status of the House settlement. They focus on how the settlement might impact roster limits for current… more

College Athletes, Enforcement Actions, Name and Likeness, NCAA, Student Athletes

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Anaid Reyes-Kipp

Minnesota Court Denies Substitution Motion: Implications for Litigation Funders

A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal investment… more

Antitrust Litigation, Arbitration, Corporate Counsel, Federal Arbitration Act, Investment

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S. Mohsin Reza

Senate Bill Introduced to Ban Forced Consumer Arbitration Clauses

U.S. Senator Sherrod Brown (D-OH), chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, has introduced the Arbitration Fairness for Consumers Act. The legislation, introduced on March 7, proposes to… more

Arbitration, Arbitration Agreements, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Mandatory Arbitration Clauses

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Tracy Rhodes

D.C. District Court Upholds Rule Requiring Hospitals To Disclose Privately Negotiated Insurances Prices

On June 23, the U.S. District Court for the District of Columbia dismissed a challenge to a federal rule requiring hospitals to disclose prices they privately negotiated with insurers… more

Affordable Care Act, Arbitrary and Capricious, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Final Rules

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Matthew Rice

Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast

In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson, a former deputy solicitor general in the Missouri Attorney General’s office, welcomes Scott Stewart, solicitor general of… more

Appeals, Appellate Courts, Constitutional Challenges, Non-Delegation Doctrine, Public Policy

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Sara Richman

Providers Prevail in Challenge to No Surprises Act Interim Final Rule

On February 23, a Texas federal court vacated several key portions of an interim final rule (Rule) governing the No Surprises Act's (Act) independent dispute resolution (IDR) process. The court's decision has been lauded by… more

Dispute Resolution, Health Care Providers, Interim Final Rules (IFR), Out of Network Provider, Surprise Medical Bills

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Raina Richter

Increased Reporting Requirements for Contractors - Even if All Claims Are Settled

For most professionally licensed groups, reporting requirements are the norm, not the exception. In fact, it is commonplace for boards to require licensees to report judgments, settlements and convictions that may reveal… more

Construction Contracts, Construction Litigation, Construction Project, Contractors, Final Judgment

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Mary-Kate Rigney

FERC Accepts SPP’s Revisions to Its Western Energy Imbalance Tariff Incorporating a Reliability-Based Market Hold Settlement Mechanism

On June 20, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) revisions to its Western Energy Imbalance Service (WEIS) tariff to allow a participating balancing authority to initiate a market hold due to reliability… more

Energy Market, Energy Policy, FERC, Regulatory Agencies, Regulatory Oversight

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Christian Riley

Federal Infrastructure Bill Paves the Way Toward More Transportation Infrastructure Public-Private Partnerships

The $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) is poised to change how the United States views and implements public-private partnerships (P3s). At a high level, the IIJA encourages public entities to consider… more

Infrastructure, Project Finance, Public Private Partnerships (P3s), Public Projects, Transportation Industry

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Andrea Rimer Brogdon

EPA Announces New “Strategic Roadmap” for PFAS

Yesterday, the U.S. Environmental Protection Agency (EPA) announced a new “Strategic Roadmap (Roadmap),” describing a suite of ongoing and future agency actions to address per- and polyfluoroalkyl substances (PFAS). While many… more

CERCLA, Contamination, Corporate Counsel, Environmental Protection Agency (EPA), Hazardous Substances

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Stephen Rinehart

Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast

The Second Circuit Court of Appeals recently issued an opinion in Alix v. Mckinsey & Co. that may fundamentally broaden the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act… more

Causation, Motion to Dismiss, Proximate Cause, RICO

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Jessica Ring

Supreme Court Reverses Affirmative Action

What the Court’s ruling on race-conscious admissions means for higher education - On June 29, 2023, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that… more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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McKayla Riter

Colorado Cracks Down on Hemp Misrepresentation

On May 14, Colorado Attorney General (AG) Phil Weiser announced that the state reached a settlement with MC Global Holdings, LLC, its associated companies, and owners (collectively MC) to resolve allegations that MC’s business… more

Agribusiness, Cannabis Products, Colorado, False Advertising, Hemp

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Kyara Rivera Rivera

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Matthew F. Roberts

Additional Relief Under the Paycheck Protection Program is on Its Way

On December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021, which included the Economic Aid to Hard-Hit Small Businesses, Non-profits, and Venues Act (the Act), the COVID-Related Tax Relief Act… more

CARES Act, Coronavirus/COVID-19, Employee Retention, Loan Forgiveness, Paycheck Protection Program (PPP)

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Ann Ryan Robertson

SCOTUS Declines to Decide Missouri Corporation's Question of International Comity and State Law

International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity… more

Alien Tort Statute, Appeals, Choice-of-Law, Comity, Extraterritoriality Rules

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B. Jack Robinson

Supreme Court Resolves Circuit Split ‎and Decides CFPB's Funding Structure Is Constitutional

On May 16, 2024, the U.S. Supreme Court resolved the Circuit Split discussed in our prior QuickStudy and ruled in a 7-2 decision that the Consumer Financial Protection Bureau’s (“CFPB”) funding structure does not violate the… more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd, Federal Funding, Financial Services Industry

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Joseph Robinson

Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International… more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

See all updates »

Scott Robinson

HHS to Require Manufacturers to Disclose Drug Pricing in Television Advertisements

U.S. health officials have taken the first concrete step toward implementing the vision set out in the “American Patients First” blueprint published by President Trump and Health and Human Services (HHS) Secretary Alex Azar by… more

Advertising, Department of Health and Human Services (HHS), Direct to Consumer Sales, Drug Pricing, First Amendment

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Jacob Rodon

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Agustin Rodriguez

Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders

On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the products),… more

Administrative Procedure Act, Appeals, E-Cigarettes, Food and Drug Administration (FDA), Food and Drug Administration v RJ Reynolds Vapor Co

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Samuel Rogers

Bank Secrecy Act's Crypto Expansion Is on the Horizon

The Dec. 14, 2022, introduction of the Digital Asset Anti-Money Laundering Act by Sens. Elizabeth Warren, D-Mass., and Roger Marshall, R-Kan., marks the end of a tumultuous year in the cryptocurrency industry that saw a massive… more

Anti-Money Laundering, Bank Secrecy Act, Banks, Financial Institutions, FinCEN

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Isabelle Roman

FinCEN Issues Final Rule on Use of Entity FinCEN Identifiers to Fulfill BOI Reporting Requirements Under the CTA

Brief Overview: On November 8, the Financial Crimes Enforcement Network (FinCEN) published a final rule specifying the circumstances under which a reporting company may report another entity’s FinCEN identifier in lieu of… more

Beneficial Owner, Corporate Transparency Act, Final Rules, Financial Crimes, Financial Institutions

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Marcelo Roman

U.S. Supreme Court Decision Potentially Opens Floodgates for ERISA Breach of Fiduciary Duty Claims

On January 24, the U.S. Supreme Court, in a unanimous opinion, ruled in Hughes v. Northwestern University that offering an array of allegedly prudent investment choices within the plan does not serve as a categorial defense… more

401k, Breach of Duty, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Saverio Romeo

Employers Beware: Federal Court Upholds Aggressive Law Enforcement Tactics When Investigating False Claims Act Allegations

Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the… more

Anti-Kickback Statute, Audio Recording, Discovery, Distributors, Evidence

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Mia Rosati

Whiplash for Insurers in Pennsylvania on COVID-19 Coverage Issues

While the Pennsylvania legislature considers one of the most aggressive bills in the country to force insurers to provide coverage for COVID-19 business interruption claims, Pennsylvania’s Insurance Commissioner on Monday… more

Business Interruption, Coronavirus/COVID-19, Insurance Claims, Legislative Agendas

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Michael Rose

Pay Bump: The Department of Labor Releases Final Rule Increasing Minimum Salary ‎Threshold for White Collar Exemptions

In a development somewhat overshadowed by the release of the more-publicized Federal Trade Commission’s recent non-compete-ban, the DOL’s final overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative,… more

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

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Thomas Rose

Foreign Private Issuers: Have You Assessed Your Status Under US Securities Laws? (UPDATED)

For foreign private issuers registered with the U.S. Securities and Exchange Commission (SEC), there are several filing statuses that affect the content of various disclosures that must be made public. Foreign private issuers… more

Accelerated Filers, Canada, Disclosure Requirements, Emerging Growth Companies, Filing Requirements

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Katie Rose Hancin

The SEC's New Cryptocurrency Task Force: A Step Toward Regulatory Clarity

On Jan. 21, 2025, Mark T. Uyeda, the acting chairman of the U.S. Securities and Exchange Commission (SEC), announced the launch of a cryptocurrency task force. This task force, led by SEC Commissioner Hester Peirce, with Richard… more

Coinbase, Cryptocurrency, Digital Assets, Enforcement Actions, Financial Action Task Force

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Caleb Rosenberg

OCC Patriot Bank Order Spotlights AML Issues For Managers

On Jan. 14, Patriot Bank, based in Stamford, Connecticut, entered into an agreement with the Office of the Comptroller of the Currency to address and rectify several alleged unsafe or unsound practices and violations of law… more

Anti-Money Laundering, Banks, BSA/AML, Enforcement Actions, Financial Institutions

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Michelle Rosenberg

Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Fed. Eng’rs & Constructors Inc. v. Relyant Global LLC, No. 3:19-CV-73-KAC-JEM, 2022 U.S. Dist. LEXIS 95617 (E.D. Tenn., May 27, 2022) - This case arises out of the renovation of a U.S. Air Force dormitory in Missouri. The… more

Choice-of-Law, Construction Industry, Construction Project, Prompt Payment

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Jeremy Rosenblum

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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James Rosener

Challenges with Cross-Border Deals

James D. Rosener, partner in the Commercial Department of Pepper and head of the firm's International Practice Group, was interviewed during The Deal Economy Conference in New York. The conference focused on "Predictions and… more

Acquisitions, Business Development, Buyers, CFIUS, Cross-Border Transactions

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Samer Roshdy

Federal Banking Agencies Reiterate Guidance on Managing Risks Posed By Fintech Partnerships and Other Third Party Relationships

Last week, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, the agencies) issued a joint statement highlighting… more

AML/CFT, Anti-Money Laundering, Banks, Consumer Financial Products, Customer Due Diligence (CDD)

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David Ross

Federal Water Policy Coordination Codified

President Biden recently signed the Flood Level, Observation, Operations, and Decision Support Act (FLOODS Act), codifying an important leadership and management tool that helped modernize federal water policy in the United… more

Drinking Water, Water, Water Supplies

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Christopher Rossi

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Jessica Rothenberg

New York Senate Passes First-in-the-Nation Bill Requiring Mandatory Review and Revocation Period for All Severance Agreements

Under current law, New York employers are statutorily required to provide a 21-day review and seven-day revocation periods in employment separation agreements in two scenarios: (1) if the employee is 40 or older and the waiver… more

Contract Terms, Corporate Counsel, Employee Rights, Employment Contract, Employment Discrimination

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Aaron Rothrock

Overview of New California Employment Laws - November 2022 #2

California employers face an abundance of new employment laws set to take effect at the start of the new year. Below find descriptions of new requirements for employee leaves of absence, pay transparency and data reporting,… more

Bereavement Leave, Cal-OSHA, California Family Rights Act (CFRA), Coronavirus/COVID-19, Employee Privacy Rights

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Alex Rovira

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Gregory Rubis

OCC Proposes Updated Real Estate Standards for Bank Premises

On January 4, the Office of the Comptroller of the Currency (OCC) issued a proposed rule (Proposal) that would amend the requirements applicable to ownership of real property by national banks and federal savings associations… more

Banking Sector, Banks, OCC, Real Estate Market

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Jamie Rudd

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Mindy Rudolph

Is Bayh-Dole the Next Lever in the Push to Onshore Pharma Manufacturing?

The U.S. government is pushing to redomesticate the manufacturing of pharmaceutical, biotech, gene therapy, and medical device products, both to bolster U.S. manufacturing generally and to address continuing shortages of these… more

Bayh-Dole Act, Biologics, Federal Funding, Federal Grants, Government Agencies

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David Ruediger

In Desperate Times . . . . Travelport Puts $1.15 Billion in Collateral Value beyond the Reach of its Creditors

As we have discussed in previous QuickStudies, certain borrowers in industries experiencing particularly adverse economic conditions have taken advantage of flexible terms in their credit agreements to transfer valuable… more

Borrowers, Collateral, Creditors, EBITDA, Popular

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Eric Rumanek

AI in the Operating Room: Liability Issues for Device Makers — The Good Bot Podcast

Join Troutman Pepper Partner Brett Mason for a podcast series analyzing the intersection of artificial intelligence (AI), health care, and the law. In this installment, Brett Mason is joined by Partner Eric Rumanek and… more

Artificial Intelligence, Digital Health, Health Care Providers, Health Technology, Life Sciences

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David Rutan

California Employers Rejoice: California Overhauls Private Attorneys General Act (PAGA) With Support From Business and Labor Leaders

On July 1, 2024, Governor Gavin Newsom signed AB 2288 and SB 92, which reformed the Private Attorneys General Act (“PAGA”). PAGA permits an employee who encountered a Labor Code violation to sue an employer for civil penalties… more

Governor Newsom, Labor & Workforce Development Agency (LWDA), Labor Law Violations, Private Attorneys General Act (PAGA)

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Jorden Rutledge

Generative AI and Copyright ‎Infringement: Federal Judge in Stability AI Distinguishes ‎‎Between AI Model Creators and Users – For Now

A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”), Plaintiffs, a… more

Artists, Copyright, Copyright Infringement, Copyright Litigation, Corporate Counsel

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Jonevin Sabado

California Employers Rejoice: California Overhauls Private Attorneys General Act (PAGA) With Support From Business and Labor Leaders

On July 1, 2024, Governor Gavin Newsom signed AB 2288 and SB 92, which reformed the Private Attorneys General Act (“PAGA”). PAGA permits an employee who encountered a Labor Code violation to sue an employer for civil penalties… more

Governor Newsom, Labor & Workforce Development Agency (LWDA), Labor Law Violations, Private Attorneys General Act (PAGA)

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Tina Safi Felahi

California Attorney General Sponsors Bill Banning Credit Reporting of Medical Debt

On April 2, the California Senate Judicial Committee passed Senate Bill 1061. The bill seeks to prevent health care providers and contracted collection agencies from providing information about patients’ medical debt to credit… more

California, Credit Cards, Credit Reporting Agencies, Credit Reports, Data Collection

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Jeremy Colin Sairsingh

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Scott Saks

Federal Reserve Releases Additional Information on Main Street Lending Program

On Wednesday, May 27, the Federal Reserve Bank of Boston (Boston Fed) released additional information on the Main Street Lending Program (MSLP), which includes the form of the participation agreement governing the participation… more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Main Street New Loan Facility, Special Purpose Vehicles

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Ryan Salem

Delaware Corporations Cannot Use Their Charter to Alter the Judicial Standard of Review

In Totta v. CCSB Financial, the Court of Chancery invalidated a boards’ invocation of an anti-takeover provision in the corporation’s certificate of incorporation. It did so because the board invoked the provision to thwart an… more

Board of Directors, Duty of Loyalty, Standard of Review

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James Saling

CMS Recommendations For Reopening Health Care Facilities For Non-Emergent NON-COVID-19 Care

On April 19, the Centers for Medicare & Medicaid Services (CMS) issued recommendations to health care facilities for the first phase of reopening facilities to provide non-emergent non-COVID-19 health care… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Re-Opening Guidelines

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Kamran Salour

Cyber Capsule - February 2023

Before we jump into February developments — trigger warning if you are a Russian hacker — for those keeping track of breach notification requirements, the National Credit Union Administration (NCUA) Board approved a final rule,… more

Cybersecurity, Data Breach, Data Privacy, Data Protection, FCC

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Trevor Salter

The Evolving Landscape of B2B Payments: Regulatory Trends and Financial Practices Explained — Payments Pros – The Payments Law Podcast

In this episode of Payments Pros, host Josh McBeain is joined by Caleb Rosenberg, a member of the firm’s Consumer Financial Services practice group, to discuss the complexities of business-to-business payments and the increasing… more

California, Consumer Financial Products, Consumer Lenders, Disclosure Requirements, Financial Institutions

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Jerrold Samford

Air and Climate Report: January 2024

PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has… more

Air Pollution, Chevron Deference, Clean Energy, Clean Power Plan, Climate Change

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Scott Samlin

New York Signals the Importance of Technology in Consumer Financial Protection

The New York Department of Financial Services (NYDFS) recently surprised financial services’ compliance and legal professionals by announcing the creation of a “Consumer Protection and Financial Enforcement Division.”… more

Artificial Intelligence, Big Data, Blockchain, Cryptocurrency, Digital Wallets

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John Sample

Ensuring Proper Legal Involvement in the Incident Response Process - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

“Dear Mary” is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related — data breaches, forensic investigations, how to… more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Buddy Sanders

Treasury and IRS Release Updated Guidance on Energy Communities (UPDATED)

On June 23, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2025-31. This notice includes lists of information that taxpayers may use to determine whether they meet certain requirements… more

Coal Industry, Energy Policy, Energy Projects, Investment Tax Credits, IRS

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Linda Sanders

Five Tips for Adding Value to Legal Clients' Experience in 2023

2022 was a year of transition, with law firms and clients moving into a new post-pandemic phase while dealing with rising inflation and global uncertainty. Throughout this time, we have been working with clients of all sizes to… more

Client Services, Law Firm Associates, Law Firm Partners, Law Practice Management, Legal Project Management

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AnnMarie Sanford

California Selects Several PFAS Substances for Scientific Review and Possible Prop 65 Listing

On March 26, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) gave notice of its selection of several per- and polyfluoroalkyl substances (PFAS) for review and possible… more

Drinking Water, OEHHA, PFAS, Proposition 65, Toxic Chemicals

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Marlee Santos

DC Circuit Revives Medicare Advantage Overpayment Rule

On August 13, the D.C. Circuit revived the CMS 2014 Medicare Advantage Overpayment Rule in deciding UnitedHealthcare Ins. Co. v. Becerra, a ruling that could have broad implications for Medicare Advantage (MA) insurers. See… more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Medicare, Medicare Advantage, Overpayment

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Cooper Benjamin Sartell

CARES Act Provider Relief Fund: July 2020 Update

Since April 2020, many health care providers have received payments from the CARES Act Provider Relief Fund (PRF) in the form of general or targeted distributions. Many providers have questions about receiving and using these… more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, HRSA

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Christina Sava

Virginia Advances Toward New Medical Cannabis License Application With New Regulations

The Virginia Cannabis Control Authority (CCA), which assumed oversight of Virginia’s medical cannabis program from the Board of Pharmacy as of January 1, has promulgated regulations to govern medical cannabis operations in the… more

Dispensaries, Healthcare, License Applications, Marijuana, Medical Marijuana

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Emily Larrimer Savas

The Supreme Court’s ‎Decision on ‎Enablement in Amgen v. Sanofi

Justice Gorsuch authored a unanimous opinion arching back to precedent from the 1800s and upholding the Federal ‎Circuit’s and district court’s determinations that Amgen’s patent claims are invalid for lack of ‎enablement.‎ The… more

Amgen, Patent Litigation, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Mateusz Saykiewicz

Private Equity Consolidation of Physician Practices Steady Despite Economic Conditions

During the past 12 years, private equity (PE) firms have served as major investors in the U.S. health care market, participating in acquisitions and consolidations of physician practices across various specialties. PE… more

Acquisitions, Investment, Investors, Private Equity, Private Equity Firms

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Robert Schaffer

Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International… more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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John Henry Schanne, II

Overview of Managing Customer Relationships in Troubled Times

In the midst of the unprecedented global health challenge presented by the spread of the coronavirus (COVID-19), businesses will almost certainly face pervasive disruptions to operations as the economy experiences widespread… more

Business Interruption, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Debt

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Adrianna ScheerCook

California Law Highlights the Need to Prepare for Climate Disclosures

The march toward mandated corporate disclosures for climate-related risks continues. Despite significant pushback and substantial legal challenges, state legislatures and regulators are continuing to advance laws and rules that… more

California, CARB, Climate Action Plan, Climate Change, Corporate Governance

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Corey Scher

Display of Data Symbols Similar to QR Code Visible Through Envelope Window Insufficient to Establish Article III Standing

In Nyanhongo v. Credit Collections Servs., the Eastern District of Pennsylvania held that the display of “data symbols similar to a” quick response code (QR Code), without more, was insufficient to establish Article III… more

Article III, Debt Collection, Debt Collectors, FDCPA, QR Codes

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Carl Scherz

Eleventh Circuit Affirms Dismissal of ‎Cost-of-Insurance Rate Class Action ‎Against Wilco Life ‎Insurance Company

On November 15, 2021, the U.S. Court of Appeals for the Eleventh Circuit ‎affirmed dismissal of a ‎putative cost-of-insurance (“COI”) rate class action in ‎Anderson v. Wilco Life Insurance Company ‎‎— a victory for life insurers… more

Class Action, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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Avi Schick

State AG Coalition Opposes Current Federal Privacy Legislation

On May 8, attorneys general (AG) from 14 states and the District of Columbia sent a letter to Congressional leadership opposing provisions of the recently proposed federal American Privacy Rights Act (APRA). In addition to the… more

Cybersecurity, Data Privacy, Federal Data Privacy, Personal Data, Preemption

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Blair Schiff

Summary of Proposed Changes to HUD's LEAN 232 Loan Documents

In an effort to summarize the highlights of the LEAN Email Blasts that we receive, we at Pepper Hamilton are providing this quick synopsis of the latest LEAN update… more

Comment Period, HUD, LEAN Program, Loan Documentation, Loans

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Emily Schifter

Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

The drama of “It Ends With Us” has jumped from the book to the big screen to a real-life legal battle that offers a sharp reminder of how retaliation and digital misconduct can derail even the most powerful players in any type… more

Anti-Harassment Policies, Celebrities, Employees, Employer Responsibilities, Employment Discrimination

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Ryan Schneider

Understanding the USPTO's Final Rule on Fee Adjustments for Patent Applications and Appeals

The U.S. Patent and Trademark Office (USPTO) has issued a “final rule” to fee adjustments for patent applications and appeals, effective January 19, 2025. These changes represent some of the most significant changes to the fee… more

Design Patent, Fees, Final Rules, Intellectual Property Protection, Inventions

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Ira Schulman

Agreements to Arbitrate Are Simple, Right?

The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The… more

Arbitration, Arbitration Awards, Attorney's Fees, Construction Disputes, Construction Industry

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Gillian Schutt

The Top Five Challenges of Pursuing Litigation at the ITC

Patent litigation at the International Trade Commission (ITC) is characterized by its rapid pace, with proceedings for investigations under 19 U.S.C. § 1337 typically concluding within 15 to 18 months after the filing of the… more

Domestic Industry Requirement, Filing Deadlines, Forum Selection, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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Derek Schwahn

Keeping Up With the Bureau Episode 3: Evolving Federal and State Requirements for Furnishers and Users of Consumer Reports - The Consumer Finance Podcast

Please join Consumer Financial Services Partner Ethan Ostroff and his guests and colleagues Alan Wingfield, Chris Capurso, and Derek Schwahn in the third episode of a special four-part series on recent developments with the… more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Consumer Reports, Credit Reporting Agencies, Credit Reports

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Michael Schwartz

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of… more

Affirmative Action, Constitutional Challenges, Construction Project, Criminal Conspiracy, Criminal Convictions

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John Schweder II

Winning the Removal Race: District Courts Put Limits on 'Snap Removal'

In two recent decisions — Brown v. Teva Pharmaceuticals and Doe v. Valley Forge Military Academy & College — courts in the Eastern District of Pennsylvania put limits on the use of so-called “snap removal,” a strategy allowing… more

Defense Strategies, Diversity Jurisdiction, Federal Rules of Civil Procedure, Federal v State Law Application, Filing Requirements

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Daniel Scolnick

The Patent Winter Is Here: Do You Have a Winning IP Strategy or Will You Be Left in the Cold?

The Big Pharma superpowers are on the edge of a patent cliff. The combination of patent expirations, uncertain product and patent pipelines, and expiring regulatory exclusivities will negatively impact a host of Big Pharma… more

Innovation, Intellectual Property Protection, Patents, Research and Development

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Mary Scruggs

The Eastern District of Wisconsin Reaffirms the Importance of the Least Sophisticated Consumer Standard in Drafting Collection Letters

A recent decision out of the Eastern District of Wisconsin provides an important reminder to loan servicers that a statement in a debt collection letter could be considered misleading under the Fair Debt Collection Practices Act… more

Collection Agencies, Consumer Financial Products, Credit Reports, Debt Collection, FDCPA

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Bella Seeberg

Supreme Court Reinvigorates Forum ‎Shopping in Mallory v. Norfolk Southern Railway Co.‎

On June 27, 2023, the Supreme Court in Mallory v. Norfolk Southern Railway Co., 600 U.S. ___ (2023) substantially broadened (at least temporarily) the bases for general personal jurisdiction over out-of-state corporations in… more

Constitutional Challenges, Mallory v Norfolk Southern Railway Co, Out-of-State Companies, Personal Jurisdiction, SCOTUS

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Betty Linkenauger Segaar

SEC Adopts Final Rules Enhancing Disclosures and Providing Additional Investor Protections Related to SPACs

Nearly two years after first proposing new rules related to special purpose acquisition companies (SPACs), the U.S. Securities and Exchange Commission (SEC) has adopted final rules aimed at enhancing investor protections in… more

Final Rules, Initial Public Offering (IPO), Investment, Investment Companies, Investor Protection

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Eli Segal

Third Circuit Affirms Protection for 'Pure Opinions'

In a precedential decision issued on April 14, the U.S. Court of Appeals for the Third Circuit affirmed dismissal of defamation and false light invasion of privacy claims brought against Newsweek by a politically active minor… more

Absolute Privilege, Actual Malice, Corporate Counsel, Defamation, Donald Trump

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Tyler Self

Get Into the Ring: The Supreme Court’s Loper Bright and Corner Post Rulings Set up Round Upon Round of New Regulatory Challenges

The one-two punch of the U.S. Supreme Court’s rulings in Loper Bright Enterprises v. Raimondo (“Loper Bright”) and Corner Post, Inc. v. Board of Governors of the Federal Reserve System (“Corner Post”) this past week spun… more

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

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Charles Sensiba

FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions

On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded… more

CEQ, Energy Policy, Energy Projects, Energy Reform, Environmental Impact Report (EIR)

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James Severs

Investment Management Update - Q1 2025

Explore the latest legal developments and regulatory updates impacting funds, advisers, and industry participants, including SEC rule amendments, compliance extensions, and guidance on accredited investor verification… more

Financial Markets, Investment Adviser, Investment Funds, Investment Management, Regulatory Requirements

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Aneri Shah

New Jersey Increases Mansion Tax Rates and Shifts Payment Obligation to Sellers

On June 30, Governor Phil Murphy signed Bill A5804 into law, amending N.J.S.A. § 46:15-7.2-7.4; N.J.S.A. § 54:15C-1, and introducing significant changes to New Jersey’s realty transfer tax structure. These changes — effective… more

Buyers, Governor Murphy, New Jersey, New Legislation, Property Tax

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Mamta Shah

DOL Clarifies Deadlines for Lifetime Income Illustration Disclosure Requirements Which Take Effect on September 18, 2021

Section 105 of the Employee Retirement Income Security Act of 1974, as amended (ERISA), requires administrators of defined contribution plans to provide participants with periodic pension benefit statements. Benefit statements… more

Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA), Lifetime Income Disclosures

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Mashal Shah

Acting Comptroller of the Currency Michael J. Hsu Issues Statements Supporting Insured Depository Institution Plan Rule at FDIC Event

On August 29, at a Board Meeting for the Federal Deposit Insurance Corporation (FDIC), Comptroller of the Currency Michael J. Hsu issued a statement supporting the insured depository institution (IDI) Resolution Plan Rule, which… more

Banking Crisis, Banks, Comptroller, Depository Institutions, FDIC

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Nilufer Shaikh

U.S.-India Newsletter - September 2019

Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7… more

Arbitration, Arbitration Awards, Business Development, Chain of Distribution, Cross-Border Transactions

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Lisa Shallue

COVID-19 Resource Guide for Human Resources Professionals: Employee Benefits Considerations for Reopening in 2020

COVID-19 continues to throw us curveballs. While some states that were continuing on their path to recovery are having to backtrack, others have managed to temporarily halt the progression of COVID-19 and are proceeding as… more

COBRA, Employee Benefits, Employer Liability Issues, Fiduciary Duty, Furloughs

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Danni Shanel

SCOTUS Declines to Decide Missouri Corporation's Question of International Comity and State Law

International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity… more

Alien Tort Statute, Appeals, Choice-of-Law, Comity, Extraterritoriality Rules

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J. Houston Shaner

First Circuit Reverses Its Stance on the Diligent Prosecution Bar

On April 28, the U.S. Court of Appeals for the First Circuit, sitting en banc, overturned its own 30-year-old precedent on the Clean Water Act (CWA), North & South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st… more

Clean Water Act, Enforcement Actions, Environmental Policies, Environmental Violations

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Soumya Sharma

U.S.-India Newsletter - September 2019

Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7… more

Arbitration, Arbitration Awards, Business Development, Chain of Distribution, Cross-Border Transactions

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Robin Shaughnessy

Preparing for the November Election: Best Practices for All Employers‎

As the November 2024 election approaches, many employers are facing issues ranging from providing time off for employees to vote, addressing political speech in the workplace, and navigating the tension between encouraging… more

Anti-Retaliation Provisions, Best Practices, Employee Rights, Employer Liability Issues, Political Speech

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David Shaw

The 100-Day Program at the ITC

In light of Audio Processing Hardware, it is now clear that, with respect to appeals of ITC 100-day program determinations, Commission determinations against a complainant are immediately appealable, while determinations in… more

28 U.S.C. § 1295(a)(6), Administrative Law Judge (ALJ), Article III, Federal Pilot Programs, International Trade Commission (ITC)

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Brenna Sheffield

OCC Conditionally Approves Fintech Business Model for SmartBiz Bank, N.A.

On March 17, the Office of the Comptroller of the Currency (OCC) announced that it has granted conditional approval for SmartBiz Loans to transform the business model of CenTrust Bank, N.A., located in Northbrook, Illinois. This… more

Acquisitions, Banks, Compliance, FinTech, Loans

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Whitney Shephard

Company Enters $10M Settlement to Resolve Deceptive Advertising Claims

Illinois Attorney General (AG) Kwame Raoul entered a settlement with Teleperformance Colombia SAS, TPUSA Inc., and Teleperformance SE (collectively, Teleperformance). The agreement resolves allegations that Teleperformance… more

Advertising, Civil Monetary Penalty, Enforcement Actions, Fraudulent Marketing, Google

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Anthony Sherman

CMS Issues Final Quota Share Reinsurance Rule

As we reported in our QuickStudy on February 13, 2020, CMS filed and made available for public inspection on February 5, 2020, a new proposed rule (the “Proposed Reinsurance Rule”) under the authority of Section 1855(b)(1) of… more

Centers for Medicare & Medicaid Services (CMS), Medicare Advantage, Medicare Advantage Organizations (MAOs), Proposed Rules, Reinsurance

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Meredith Sherman

SEC Focused on Enforcement in the Crowdfunding Space

Following last year’s drastic increase in the annual limits permitted for crowdfunding campaigns, the Securities and Exchange Commission (SEC) has increased its focus on the regulation of crowdfunding, particularly for antifraud… more

Anti-Fraud Provisions, Broker-Dealer, Capital Raising, Crowdfunding, Financial Industry Regulatory Authority (FINRA)

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Angie Shewan

White House Finalizes New Mental Health Parity Rule

The White House has finalized the new Mental Health Parity rule, which focuses on increasing access to mental health/substance use disorder treatment through nonquantitative treatment limitations (NQTL) data and reporting,… more

Health Insurance, Healthcare, Healthcare Reform, Mental Health, Mental Health Parity Rule

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Laurence Shiekman

Third Circuit Clarifies the Ascertainability Standard in Class Certification Proceedings

In a precedential opinion issued on April 16, 2015, the Third Circuit sought to clarify its requirement that a proposed class be sufficiently ascertainable in order to be certified under Fed. R. Civ. P. 23(b)(3). Expressing… more

Appeals, Ascertainable Class, Class Action, Class Certification, Federal Rules of Civil Procedure

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Christina Shifton

Disputing Patent-Eligible Subject Matter in PGRs and IPRs - Patents: Post-Grant Podcast

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper… more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent-Eligible Subject Matter, Post-Grant Review

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Hyun Wook Shin

U.S. District Court Invalidates Two Provisions of the CFPB’s Prepaid Rule: The Disclosure Clauses and the Thirty-Day Credit Linking Restriction

On December 30, 2020, Judge Richard J. Leon on the United States District Court for the District of Columbia entered an Order in PayPal, Inc. v. Consumer Financial Protection Bureau, et al., No. 19-3700-RJL, 2020 WL 7773392… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Dodd-Frank, EFTA

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Karen Shin

California AG Releases Fourth Set of Proposed Modifications to CCPA Regulations

On December 10, the California attorney general released the fourth set of proposed modifications (Proposed Modifications) to the implementing regulations of the CCPA. These Proposed Modifications come only one month after… more

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

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Howard Shire

NIL News: End of Year Roundup — Highway to NIL Podcast

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of… more

College Athletes, Intellectual Property Protection, Name and Likeness, NCAA, State Attorneys General

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Sahara Shrestha

On Rehearing, FERC Upholds Approval of PJM’s Proposed Offer Cap Tariff Revisions

On June 26, 2025, FERC upheld PJM Interconnection, L.L.C.’s (“PJM”) proposal to revise its Capacity Performance Quantifiable Risk (“CPQR”) Offer Cap. Several public interest organizations and PJM’s Independent Market Monitor… more

Appeals, Competition, Energy Market, Energy Policy, Energy Sector

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James Shreve

2024 Privacy, AI & Cybersecurity Year in Review

2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United… more

Artificial Intelligence, Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Brokers

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Karen Trapnell Shriver

Changes to Plan Distribution and Disclosure Information

Updated Safe Harbor Special Tax Notice (402(f) notice) & Lifetime Income Illustrations – Five Key Points for Plan Fiduciaries - The IRS has updated its safe harbor Special Tax Notice required to be provided to plan… more

401k, Benefit Plan Sponsors, Defined Contribution Plans, Department of Labor (DOL), Disclosure Requirements

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Armeen Mistry Shroff

RICO and Foreign Arbitration Enforcement - RICO Report Podcast

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment, Cal… more

Corruption, Criminal Prosecution, Enforcement Actions, International Arbitration, Racketeering

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Yulian Shtern

CMS Limits On-Site Surveys For Health Care Facilities in Response to COVID-19 Outbreak

In light of the 2019 novel coronavirus (COVID-19) outbreak, the Centers for Medicare & Medicaid Services (CMS) has suspended survey activity for all nonemergency state survey inspections except for initial certification and… more

Centers for Medicare & Medicaid Services (CMS), Certifications, Coronavirus/COVID-19, Inspections, Precertification

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Barbara Sicalides

DOJ Antitrust Unit Launches Whistleblower Rewards Program

The U.S. Department of Justice, Antitrust Division (DOJ) has announced a new initiative aimed at enhancing the detection and prosecution of antitrust violations… more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Bid Rigging, Criminal Prosecution

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Carly Rothman Siditsky

What Do We Do Now? District Court Invalidates 2024 Title IX Regulations

On January 9, a federal judge in the Eastern District of Kentucky entered an order vacating the 2024 Title IX regulations (the Final Rule). The case is Tennessee, et al. v. Cardona (Civil Action No. 2: 24-072)… more

Anti-Discrimination Policies, Constitutional Challenges, Department of Education, Educational Institutions, Final Rules

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Daniel Sieck

Policies in Focus: Opportunities and Challenges Expected for M&A and VC in 2025

The only constant in Washington, D.C., is that power will periodically shift from one party to another, and back again. As a new administration and Congress begin to chart a course on a wide range of policies, it is important to… more

Acquisition Agreements, Antitrust Provisions, Artificial Intelligence, Competition, Corporate Sales Transactions

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Jesse Silverman

In Response to the President’s Directive, CFPB Unveils New Strategy to Tackle Criminal Regulatory Offenses

Today, the Consumer Financial Protection Bureau (CFPB or Bureau) published a policy statement in the Federal Register outlining its approach to addressing criminally liable regulatory offenses. This publication comes in response… more

Consumer Financial Protection Bureau (CFPB), Criminal Prosecution, Department of Justice (DOJ), Deregulation, Enforcement Actions

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Jenelle Simmons

Top Five Private Equity Investment Trends in US Energy: How Leading Private Equity Investors View Deal Opportunities Across the U.S. Energy Sector in 2025 and Beyond

This report draws insights from Troutman Pepper Locke attorneys and leading industry specialists to highlight the private equity investment trends currently reshaping the sector. The findings provide a picture of where… more

Acquisition Agreements, Coal Industry, Critical Infrastructure Sectors, Data Centers, Energy Storage

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Faith Marie Simms

Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are… more

Appellate Courts, Construction Industry, Construction Project, Liens, Mechanics Lien

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Valerie Sirota

White House Finalizes New Mental Health Parity Rule

The White House has finalized the new Mental Health Parity rule, which focuses on increasing access to mental health/substance use disorder treatment through nonquantitative treatment limitations (NQTL) data and reporting,… more

Health Insurance, Healthcare, Healthcare Reform, Mental Health, Mental Health Parity Rule

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Sarah Siu

Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Stephan Skepnek

Florida Federal Court Finds FCRA and EFTA Claims Arising out of Disputed Charge Survive Credit Union’s Motion to Dismiss

A recent opinion issued by the district court for the Middle District of Florida rejected a credit union’s attempt to dismiss claims under the Fair Credit Reporting Act (FCRA) and Electronic Funds Transfer Act (EFTA) arising out… more

Credit Reporting Agencies, EFTA, Fair Credit Reporting Act (FCRA), Motion to Dismiss

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Michelle Skjoldal

PA Environmental Compliance Considerations During COVID-19 Pandemic

For good reason, health and safety issues surrounding COVID-19 have been at the core of agency messaging to the public and to the regulated community. How to keep workers safe. How to keep the elderly, the health-compromised,… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Enforcement Guidance, Environmental Liability, Environmental Policies

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Joshua Skundberg

Permanent Changes for Temporary Employees: Illinois Expands Protections for Temporary Employees ‎and Implements Stricter Compliance Requirements for Temporary Agencies and Employers

Amendments to the Illinois Day and Temporary Labor Services Act (the “Act”) became effective on August 4, 2023. These amendments pose serious challenges for the way temporary labor service agencies (“Temp Agencies”) and… more

Employer Liability Issues, Staffing Agencies, State Labor Departments, State Labor Laws, Temporary Employees

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Ann Slade

The USPTO May Be Miscalculating Patent Term Adjustments

The U.S. Patent and Trademark Office released a final rule on June 16, 2020, to revise how it calculates patent term adjustment. But the USPTO’s PTA algorithm does not yet fully account for its final rule. Originally… more

Intellectual Property Protection, Patent Applications, Patent Term Adjustment, Patents, USPTO

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Chuck Slemp

Leadership and Innovation at the Illinois AG's Office — Regulatory Oversight Podcast

In this episode of Regulatory Oversight, Stephanie Kozol and Chuck Slemp welcome Illinois Attorney General (AG) Kwame Raoul and Chief Deputy AG Brent Stratton. Raoul and Stratton share their career inspirations, unique journeys… more

Government Agencies, Illinois, Public Policy, Regulatory Oversight, State Attorneys General

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Heather Smillie

What Is an Assignment for the Benefit of Creditors and How Does It Differ From a Bankruptcy? - Creditor’s Rights Toolkit

An assignment for the benefit of creditors (ABC) is a process by which a financially distressed company (referred to as the assignor) transfers its assets to a third-party fiduciary (referred to as the assignee). The assignee is… more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy, Creditors

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Aaron Smith

Unexpected Rescue: Observations on ‎the Silicon Valley Bank Closure and Ongoing Market Disruptions

Over the past several days, Locke Lord LLP has closely followed the closures of Silicon Valley Bank ‎in Santa Clara, California (“SVB”) and New York based Signature Bank, as well as the ensuing ‎volatility experienced by many… more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

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Brooks Smith

Extreme Makeover – NEPA Edition: Permitting Agencies Strip Their Environmental Review Regulations Down To The Studs

In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National… more

Department of Defense (DOD), Department of Energy (DOE), Department of the Interior, Department of Transportation (DOT), Deregulation

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Bryan Smith

Understanding the Impact of IPR Estoppel and PTAB Discretionary Denials — Patents: Post-Grant Podcast

In this episode of the Post-Grant Podcast, Andy Zappia, Nick Gallo, and Bryan Smith explore the evolving landscape of estoppel in inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal… more

Appeals, CAFC, Estoppel, Inter Partes Review (IPR) Proceeding, New Guidance

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Casselle Smith

4 Actions for Cos. as SEC Rebrands Cyber Enforcement Units

On Feb. 20, the U.S. Securities and Exchange Commission announced the creation of the Cyber and Emerging Technologies Unit, which will replace the Enforcement Division’s previous Crypto Assets and Cyber Unit. Originally… more

Cryptocurrency, Cybersecurity, Disclosure Requirements, Emerging Technologies, Enforcement Actions

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Jean Smith-Gonnell

Texas Senate Bill 3: A Sweeping Ban on Intoxicating Hemp-Derived Products — Implications for the Industry

On May 27, the Texas Legislature sent Senate Bill 3 (SB3) to Gov. Greg Abbott for signature, marking a potentially seismic shift in the legal landscape for hemp-derived cannabinoid products in the state. If signed into law – or… more

Agribusiness, Beverage Manufacturers, Cannabis Products, Cannabis-Related Businesses (CRBs), Doing Business

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Kassie Smith

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take permitting… more

Comment Period, Critical Habitat, Endangered Species Act (ESA), Environmental Policies, Government Agencies

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Leigh Smith

SkyKick – What Brand Owners Need to Know

On 13 November 2024 the UK Supreme Court handed down its decision in the case of SkyKick UK Ltd and Sky Ltd (full decision here). By the time the long-running dispute reached the Supreme Court, the key point in issue was whether… more

Intellectual Property Protection, Trademark Application, Trademark Registration, Trademarks, UK

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Matthew Smith

CMS and CDC Update Nursing Home Visitation Guidance to Reflect Vaccine Rollout

Why It Matters - The guidance relaxes and quells confusion around visitation guidelines created by the increasing prevalence and availability of vaccines for COVID-19… more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Infectious Diseases, Nursing Homes

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Shona Smith

Foreign Private Issuers: Have You Assessed Your Status Under US Securities Laws? (UPDATED)

For foreign private issuers registered with the U.S. Securities and Exchange Commission (SEC), there are several filing statuses that affect the content of various disclosures that must be made public. Foreign private issuers… more

Accelerated Filers, Canada, Disclosure Requirements, Emerging Growth Companies, Filing Requirements

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Trey Smith

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Rowe Snider

Eliminating McCarran-Ferguson Immunity for Health Insurers - Higher Prices and ‎Compliance Burdens

For decades, politicians of both stripes routinely promised that they would do something about the relentless rise in health insurance costs by repealing the McCarran-Ferguson Act. Now that Congress passed and former President… more

Anti-Competitive, Antitrust Immunity, Health Insurance, McCarran-Ferguson Act

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Steven Soffer

Decision by New York's Highest Court Results in Account Debtor Owing Its Counterparty's Debts

In Worthy Lending LLC v. New Style Contractors. Inc., New York’s highest court, the New York Court of Appeals, has ruled that a security interest includes a lender’s right to force the borrower’s account debtors to remit… more

Borrowers, Debtors, Lenders, Loans, NY Supreme Court

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Daniel Solitro

FTC Takes Action Against Social ‎Media Posts for Failure to Disclose Material ‎Connections

On November 15, 2023, the FTC announced that it had issued fourteen Warning Letters ‎to the two trade associations, the American Beverage Association (AmeriBev) and the Canadian ‎Sugar Institute (“the Associations”), as well as… more

Disclosure Requirements, Endorsements, Failure To Disclose, Federal Trade Commission (FTC), FTC Endorsement Guidelines

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Lori Sommerfield

Insights from the CFPB’s Latest Report on Credit Invisibility

n June 23, the Consumer Financial Protection Bureau (CFPB or Bureau) released an update to its 2015 report on Americans who did not have a credit record (credit invisibles) or who had insufficient credit history to have a credit… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Credit Reports, Credit Scores

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Stephen Sovinsky

The Supreme Court of Virginia Provides Needed Cybercrime Guidance

On November 21, the Supreme Court of Virginia entered a published order reversing a 14-3 en banc decision of the Court of Appeals of Virginia addressing the applicability of Virginia’s criminal laws regulating cybercrime. The… more

ATMs, Cyber Attacks, Cyber Crimes, Data Breach, Financial Services Industry

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Jason Spang

Federal Infrastructure Bill Paves the Way Toward More Transportation Infrastructure Public-Private Partnerships

The $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) is poised to change how the United States views and implements public-private partnerships (P3s). At a high level, the IIJA encourages public entities to consider… more

Infrastructure, Project Finance, Public Private Partnerships (P3s), Public Projects, Transportation Industry

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Mary Margaret Spence

NY Rolls Back Health Care Providers’ COVID-19 Immunity Protections

On August 3, New York Gov. Andrew Cuomo signed legislation (New York S.B. 8335, enacted Aug. 3, 2020) that scaled back the immunity provisions enacted toward the beginning of the COVID-19 emergency for health care providers… more

Coronavirus/COVID-19, Criminal Liability, Criminal Prosecution, Executive Orders, Governor Cuomo

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Ana Spone

Is an Autonomous Vehicle Patent War Revving Up?

Autonomous vehicles are paving the way as the next big innovation in personal transportation. With new technology, first comes the excitement of breakthroughs in any industry. Then comes the patent litigation arguments over who… more

Automotive Industry, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Stephanie Sprague

Expansive New Massachusetts Law Upends Process for Residential Evictions and Foreclosures in Wake of COVID-19, Effectively Alters Terms of Mortgages

Massachusetts has passed an expansive law aimed at protecting tenants and homeowners during the COVID-19 emergency – “An Act Providing For A Moratorium On Evictions And Foreclosures During The COVID-19 Emergency” (“Act”). The… more

Coronavirus/COVID-19, Eviction, Foreclosure, Moratorium, Mortgages

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Deborah Spranger

Embattled Biotechs Facing Uncertainty at the FDA Look to Collaborative Deal Structures

Biotechs have faced several challenging years with slumping valuations and a competitive funding environment. However, the latest slew of retirements and layoffs at the FDA could present their greatest challenge yet… more

Biotechnology, Competition, Drug Design, FDA Approval, Food and Drug Administration (FDA)

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Alex Spratley

FERC Temporarily Raises Cost Limits for Blanket Certificate Pipeline Projects to $61.65 Million

On June 18, 2025, FERC temporarily raised the cost limits for blanket certificate natural gas pipeline projects constructed and placed into service by May 31, 2027, from $41 million to $61.65 million. Citing what it called a… more

Energy Policy, Energy Projects, FERC, Government Agencies, Infrastructure

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Timothy St. George

2024 Credit Reporting Review: Impactful Changes and Future Forecast — FCRA Focus Podcast

In this episode of FCRA Focus, host Dave Gettings is joined by Cindy Hanson, Scott Kelly, and Tim St. George, partners in Troutman Pepper Locke’s Consumer Financial Services Practice Group, to discuss the most impactful… more

Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Credit Reporting Agencies, Credit Reports, Debt Collection

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Julia St. John

2025 Digital Asset Developments - Navigating Change: First 100 Days Under the Trump Administration

We are pleased to share with you our latest publication, “Navigating Change: First 100 Days under the Trump Administration,” authored by our Digital Assets + Blockchain team. This retrospective examines the pivotal developments… more

Blockchain, Cryptocurrency, Digital Assets, Executive Orders, FDIC

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Walter St. Onge III

Need for Enhanced Cybersecurity in Public Finance — Cyberthieves Steal Bond Proceeds

Recent events highlight the need for enhanced cybersecurity protocols in government offices across the U.S. In late November 2024, the Township of White Lake in Michigan, intended to issue approximately $29 million in general… more

Bonds, Cyber Crimes, Cybersecurity, Data Breach, Email

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Susan Stabe

New Trademark Fees at USPTO

On January 2, 2021, the U.S. Patent and Trademark Office (Trademark Office) will introduce the modified and new trademark fees summarized below… more

Fees, Trademark Office, Trademarks, USPTO

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N. Nicole Stakleff

ODP Should Not Nullify PTA

The long and arduous path of prosecution begins with the filing of a parent patent application. Several years later, the applicant files a first continuation application. A few more years pass after which the applicant files a… more

Patent Applications, Patent Infringement, Patent Term Adjustment, Patents, USPTO

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Erica Stalnecker Wilson

Pennsylvania Enacts New Digital Forgery Law

On July 7, 2025, Pennsylvania Governor Josh Shapiro enacted a new Digital Forgery Law by signing SB 649 into law, which will take effect in 60 days. SB 649 creates “new criminal penalties for anyone who uses artificial… more

Artificial Intelligence, Bad Actors, Criminal Prosecution, Cyber Crimes, Deep Fake

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Kate Stanley

OIG Advisory Opinion Has Key Takeaways for Programs Designed to Assist Needy Patients

Can a pharmaceutical manufacturer provide free items or services to financially needy Medicare and Medicaid beneficiaries without running afoul of the Beneficiary Inducements Civil Monetary Penalty (CMP) or the Anti-Kickback… more

Advisory Opinions, Anti-Kickback Statute, Beneficiary Inducement, Digital Health, Low-Income Issues

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Katherine Stark

Dressing for Success: Workplace Fashion Inspired by Julia Roberts' Erin Brockovich — Hiring to Firing Podcast

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs welcome Katie Stark, senior director, commercial counsel for Collegium Pharmaceutical. The team delves into the topic of dress codes,… more

Employer Liability Issues, Hiring & Firing, State Labor Laws, Wage and Hour

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David Stauber

Checklist of Considerations: Transactions During the Pandemic and After

Who Needs to Know - Buyers and sellers. Why It Matters - In an economy bearing the effects of the COVID-19 pandemic, buyers and sellers continue to seek opportunities and address liquidity needs. We offer this… more

Business Interruption, Buyers, CARES Act, Coronavirus/COVID-19, Insurance Claims

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Nicholas Stawasz

Expert or Arbitrator? — PE Pathways Podcast

In this episode of PE Pathways, Partners Nick Stawasz and Dan Boland discuss the distinctions between engaging an expert or an arbitrator for resolving post-closing purchase price and earnout disputes in M&A deals. The… more

Acquisitions, Arbitration, Contract Terms, Dispute Resolution, Earn-Outs

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Malinda Steeb

NY Executive Order Provides Relief for Tenants and Property Owners Impacted by COVID-19

On May 7, 2020, New York Gov. Andrew Cuomo enacted Executive Order No. 202.28, which extended and expanded — but in some cases narrowed — the temporary suspension of several New York state laws due to the COVID-19 crisis. The… more

Coronavirus/COVID-19, Eviction, Foreclosure, Moratorium, Mortgages

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Hyung Steele

A Model’s Credibility Is in the Details: FDA Draft Guidance on the Use of AI Models in Drug and Biological Product Development

In January, the U.S. Food and Drug Administration (FDA) issued its first guidance on the use of artificial intelligence (AI) models in drug development and in regulatory submissions titled, “Considerations for the Use of… more

Artificial Intelligence, Clinical Trials, Drug Safety, Food and Drug Administration (FDA), Healthcare

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Paul Steffens

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Callan Stein

The NCAA's Recent Q&A Document: Clues on What NIL Enforcement Will Look Like Post-House — Highway to NIL Podcast

In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein and Chris Brolley discuss the recent Q&A document released by the NCAA and conferences, focusing on the guidance providing clues for how enforcement… more

College Athletes, Compliance, Enforcement Actions, Name and Likeness, NCAA

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Stephen Steinlight

Fourth Circuit Holds UCC Article 4A Requires Beneficiary Bank’s Actual Knowledge for Wire Misdescription Liability in Business Email Compromise Scam Case

On March 26, the U.S. Court of Appeals for the Fourth Circuit reversed a district court’s decision holding a credit union liable for a wire transfer in a business email compromise scam case where the credit union lacked “actual… more

Appeals, Credit Unions, Cyber Crimes, Financial Crimes, Financial Institutions

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Amanda Sterling

Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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James Stevens

Federal Agencies Issue Order Granting Exemption for Financial Institutions on TIN Collection

The Office of the Comptroller of the Currency (OCC), alongside the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA) (collectively, the agencies), with concurrence from the… more

Anti-Money Laundering, Bank Secrecy Act, Consumer Financial Products, Customer Identification Program (CIP), Exemptions

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Rashida Stevens

U.S. Supreme Court Decision Potentially Opens Floodgates for ERISA Breach of Fiduciary Duty Claims

On January 24, the U.S. Supreme Court, in a unanimous opinion, ruled in Hughes v. Northwestern University that offering an array of allegedly prudent investment choices within the plan does not serve as a categorial defense… more

401k, Breach of Duty, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Rogers Stevens

Exploring the Potential of Georgia's Merchant Acquirer Limited Purpose Bank Charter — Payments Pros: The Payments Law Podcast

In this episode of Payments Pros, Keith Barnett is joined by James Stevens to discuss the Merchant Acquirer Limited Purpose Bank Charter (MALPB) in Georgia, a unique charter that allows companies to offer merchant payment… more

Credit Cards, Debit and Credit Card Transactions, Financial Services Industry, Merchants, Retail Market

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Robb Stewart

CARES Act: How Does It Affect Multifamily Owners and Borrowers?

On March 27, 2020, the President signed into law the $2 trillion Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which is aimed at helping individuals and businesses that have been affected by the 2020… more

Borrowers, CARES Act, Coronavirus/COVID-19, Forbearance Agreements, Relief Measures

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Daniel Stillman

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - June 2022

Like most industries today, Consumer Finance Services businesses continue to be significantly impacted by COVID-19. To help you keep abreast of relevant activities, below find a breakdown of some of the biggest legislative and… more

Consumer Financial Protection Bureau (CFPB), Credit Cards, Department of Financial Protection and Innovation (DFPI), Financial Services Industry, Popular

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Molly McGinnis Stine

2024 Privacy, AI & Cybersecurity Year in Review

2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United… more

Artificial Intelligence, Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Brokers

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Angelo Stio III

OCR’s Directive on Race-Conscious Policies in Higher Education

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student programming,… more

Affirmative Action, Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Christopher Stock

Multiemployer Pension Plans in Mergers and Acquisitions — Troutman Pepper Podcast

In this insightful episode of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, attorneys Paul Porretta and Christopher Stock delve into the complex world of… more

Acquisitions, Employee Benefits, Executive Compensation, Mergers, Multi-Employer Pensions

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Sierra Stockley

Are There Any Risks to Using AI to Enhance Diversity in the Workplace?

Q: Are there any risks to using AI to enhance diversity in the workplace?… more

Adverse Employment Action, Algorithms, Artificial Intelligence, Diversity and Inclusion Standards (D&I), Employer Liability Issues

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Heather Stone

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Keaton Stoneking

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Benjamin Stowers

Election in France: Implications for US Relations

France’s Parliament consists of 577 members, making 289 seats necessary for an absolute majority. In the recent election, President Emmanuel Macron’s party managed just 245 seats — the first time in 20 years that the sitting… more

Foreign Relations, France, President Macron

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Ryan Strasser

The False Claims Act May Be the Next Weapon in the Trump Administration’s War on DEI

One day after President Donald Trump's inauguration, on January 21, Trump issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173). In the text of EO 14173, Trump… more

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

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David Stratton

Delaware Bankruptcy Court: Debtors Can Offset Administrative Claims Before General Unsecured Claims

While section 503(b)(9) claims deserve priority payment over general unsecured claims, they do not provide a basis for stripping a debtor’s defenses in determining the allowed amount of a section 503(b)(9) claim… more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Section 503(b)(9)

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Benjamin Strauss

Delaware Supreme Court Affirms Historic Material Adverse Effect Ruling

On December 7, 2018, the Delaware Supreme Court issued an order affirming the judgment of the Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL (Del. Ch. Oct. 1, 2018)… more

Contract Termination, DE Supreme Court, Fresenius, Material Adverse Effects, Merger Agreements

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Leah Strickland

Eighth Circuit Vacates Defense Summary Judgment on FDCPA Claim Due to Plaintiff’s Lack of Standing

Earlier this month, the U.S. Court of Appeals for the Eighth Circuit vacated summary judgment for the defense on various claims under the Fair Debt Collection Practices Act (FDCPA) because the plaintiff lacked subject matter… more

Article III, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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Michael Subak

Shedding Light on the AAA's Streamlined Three-Arbitrator Panel Option

On May 1, 2017, the American Arbitration Association (AAA) announced a new procedure under the AAA’s Arbitration Rules aimed at lowering the administrative cost of arbitrations involving three-arbitrator panels. Originally… more

Administrative Expenses, American Arbitration Association, Arbitration

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D. Charles Suessmith

The Capacity Crunch, Part Three: Unpacking the Power of the IRA: The Potential Game-Changing Opportunities for Utilities - Energy Law Insights

The IRA presents new and unique opportunities to utilities, and leveraging these economic benefits may be a game changer for the entire marketplace. In this video, Troutman Pepper Associates Josh Combs and Charlie Suessmith… more

Energy Projects, Energy Sector, Inflation Reduction Act (IRA), Investment Tax Credits, IRS

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Kenneth Suh

2024 Privacy, AI & Cybersecurity Year in Review

2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United… more

Artificial Intelligence, Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Brokers

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Joseph Sullivan

City Must Save Neighborhoods From the Tangled-Title Epidemic

Inga Saffron's recent Inquirer article drew a powerful connection between gentrification and the issue of tangled titles. With home values in certain neighborhoods rising, and properties becoming more attractive to outside… more

Deed of Trust, Federal Funding, Homeowners, HUD, Land Titles

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Nicole Sullivan Ph.D.

New York Narrows the Scope of Employee “Invention Assignment” Provisions

On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions… more

Confidential Information, Employee Handbooks, Employee Inventors, Employees, Employment Contract

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Victoria Summerfield

Trade Dress Disputes Continue To Be a Bitter Pill in Pharma

A recent federal court decision highlights the delicate balance between U.S. Food and Drug Administration (FDA) guidance and trade dress protections for drugs administered in a tablet or capsule form. Last month, a district… more

Food and Drug Administration (FDA), Generic Drugs, Healthcare, Intellectual Property Litigation, Intellectual Property Protection

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Robin Sumner

Unanimous Court Cuts FTC's Power to Seek Monetary Redress

On April 22 the Supreme Court held in AMG Capital Management, LLC v. FTC that the Federal Trade Commission (FTC) does not have authority under the Federal Trade Commission Act Section 13(b) to seek, nor a court to award,… more

AMG Capital Management LLC v FTC, Enforcement Actions, Enforcement Authority, Federal Trade Commission (FTC), FTC Act

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Ralph Surman Jr.

Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against Subsidence Damages

Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) - Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land for… more

Appeals, Coal Industry, Coal Mines, Contract Disputes, Contract Terms

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Mike Swallow

Delaware Court of Chancery Allows Amendment of LLC Agreement to Permit Disparate Consideration Where Amendment Provisions Were Followed

In Faiz Khan and Ralph Finger v. Warburg Pincus, LLC et al., the Delaware Court of Chancery held that the implied covenant of good faith and fair dealing was not applicable to a private equity sponsor’s amendment of a limited… more

Acquisition Agreements, Business Litigation, Contract Disputes, Contract Terms, Corporate Sales Transactions

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Kathleen Swan

Main Street Lending Program – Federal Reserve Announces Expanded Access for Some Businesses While Affiliation Rules Restrict Access for Others

On June 8, 2020, the Federal Reserve announced that it is expanding the Main Street Lending Program (the “Program”) to allow more businesses to participate and to provide greater flexibility to borrowers in repaying loans under… more

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

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Bill Swanstrom

Top Five Private Equity Investment Trends in US Energy: How Leading Private Equity Investors View Deal Opportunities Across the U.S. Energy Sector in 2025 and Beyond

This report draws insights from Troutman Pepper Locke attorneys and leading industry specialists to highlight the private equity investment trends currently reshaping the sector. The findings provide a picture of where… more

Acquisition Agreements, Coal Industry, Critical Infrastructure Sectors, Data Centers, Energy Storage

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Matthew Swett

Getting the Benefit of Your 'Exclusive Use' Bargain

Make sure your retail tenant’s “exclusive use” applies to all shopping center parcels. An “exclusive use” provision in a lease is a retail tenant’s best friend — it prohibits the landlord from allowing other space in a… more

Commercial Leases, Exclusive Use, Retail Market, Retailers, Shopping Centers

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Benjamin Sykes

COVID-19 Weekly Insurance Regulatory Updates To Keep You Informed During The Lockdown (October 26-30, 2020)

In conjunction with the Locke Lord COVID-19 task force, we are reviewing, analyzing, and compiling regulatory updates to provide clients easy access to information during this unprecedented time. If you have any questions on… more

Casualty Insurance, Coronavirus/COVID-19, Department of Insurance, Insurance Industry, Property Insurance

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David Szabo

Trends in State and Federal Regulation of Consumer Genetic Testing

Direct-to-consumer (“DTC”) genetic testing companies are faced with more scrutiny than ever over their privacy practices, security practices, and data use policies. In December 2023, 23andMe experienced a data breach affecting… more

Direct to Consumer Sales, Disclosure Requirements, DNA, Federal Trade Commission (FTC), Genetic Materials

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Krystle Guillory Tadesse

The Massachusetts Supreme Judicial Court Ends Confusion on Right to Reinstate Prior to Foreclosure

On November 25, 2020, the Supreme Judicial Court of Massachusetts (“SJC”) issued a decision in Thompson v. JPMorgan Chase Bank, N.A., SJC-12798, ___ Mass ___ (2020), holding that state law overrides the requirement in the… more

Acceleration, Borrowers, Default, Foreclosure, Mortgages

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Lee Tankle

EEOC Updates and Expands COVID-19 Vaccination Technical Assistance and Rules for Employer Vaccine Incentives

Who Needs to Know - All employers considering mandatory vaccinations and vaccine incentives at the workplace. Why It Matters - The EEOC updated technical assistance questions and answers regarding COVID-19… more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employer Liability Issues, Employment Policies

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Whitney Tantisuwanna

First Diversity-Driven Derivative Suit in Facebook Case Tossed by Northern District of California

As Troutman Pepper recently reported, the second half of 2020 brought a new wave of board diversity derivative litigation. These shareholder suits claimed boards of directors of public companies allegedly breached their… more

Board of Directors, Demand Futility, Derivative Suit, Diversity, Facebook

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Brett Tarver

Correcting the Pattern: Pattern Jury Instructions Can Be Challenged

As any seasoned trial attorney will tell you, one of the key events during a jury trial is the reading of the jury instructions to the jury. During the reading of the instructions, for a lengthy amount of time, the jury hears… more

Evidence, Jury Instructions, Jury Trial, Jury Verdicts, Litigation Strategies

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Gwendolyn Tawresey

The Top Five Challenges of Pursuing Litigation at the ITC

Patent litigation at the International Trade Commission (ITC) is characterized by its rapid pace, with proceedings for investigations under 19 U.S.C. § 1337 typically concluding within 15 to 18 months after the filing of the… more

Domestic Industry Requirement, Filing Deadlines, Forum Selection, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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Alexandria Taylor

The Changing Landscape of State AG Antitrust Enforcement — Regulatory Oversight Podcast

In this episode of Regulatory Oversight, Ashley Taylor is joined by his colleague Drew Mann to discuss the recent increase in antitrust actions by state attorneys general (AGs) and the potential impact of the State Antitrust… more

Acquisitions, Antitrust Division, Antitrust Provisions, Antitrust Violations, Department of Justice (DOJ)

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David Taylor

Pay Ratio is a Go!: The Commission and the Division of Corporation Finance Provide Guidance and Updated C&DIs

On September 21, 2017, both the Securities and Exchange Commission (the “Commission”) and its Division of Corporation Finance (“Corp Fin”) provided guidance on the pay ratio disclosure requirement mandated by the Dodd-Frank Act,… more

C&DIs, Corp Fin, Disclosure Requirements, Dodd-Frank, Executive Compensation

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Jack Taylor

Ready for the Biotech Bounce Back in 2024?

Heading into 2024, expectations for biotech venture capital (VC) and private equity (PE) investments were low following two lackluster years, but as we wrap up Q1, those expectations have been turned on their head after a strong… more

Artificial Intelligence, Biotechnology, Corporate Sales Transactions, Initial Public Offering (IPO), Investors

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William Taylor

SCOTUS Designates Dueling Delegation Decision to Courts

SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral consent,… more

Arbitration, Arbitration Agreements, Arbitrators, Business Litigation, Coinbase

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Ashley Taylor Jr.

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Alex Teixeira

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Michael Temple

More Than $1.895 Billion in SBA Debenture Leverage Priced at 4.963%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term… more

Capital Markets, Debt, Financial Institutions, Financial Services Industry, Investment

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H. Straat Tenney

Kicking Around the Post-Sale Confusion Doctrine in English and US Courts

Leigh Smith and H. Straat Tenney of Locke Lord provide a comparative analysis of the handling of pre- and post-sale confusion of trademarked goods by jurisdiction to draw interesting conclusions for corporations to consider when… more

Intellectual Property Protection, Likelihood of Confusion, Trademark Infringement, Trademark Litigation, Trademarks

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Megan O'Gara

New Developments in Obviousness-Type Double Patenting and Original Patent Requirements — Patents: Post-Grant Podcast

Please join our Intellectual Property and Health Sciences practice groups for our podcast series focused on strategies, trends, and other happenings in post-grant proceedings. In this episode, Troutman Pepper Partners Andy… more

Double Patent, Intellectual Property Protection, Obviousness, Patent Applications, Patent Litigation

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Allan Thoen

EpiPen Ruling Could Embolden Private Anti-Kickback Claims

Earlier this year, the U.S. District Court for the District of Minnesota approved a new liability theory that would effectively create a private right of action for violations of the federal Anti-Kickback Statute. Originally… more

Anti-Kickback Statute, Health Care Providers, Healthcare Fraud, Kickbacks

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Brendan Thomas

Senate Confirms Merrick Garland as Attorney General: Is an Antitrust Czar on the Horizon?

On March 10, the Senate confirmed Merrick Garland as the 86th U.S. attorney general, laying the groundwork for the Biden administration to begin implementing its priorities, including the possible appointment of an antitrust… more

Attorney General, Biden Administration, Senate Confirmation Hearings

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Jack Thomas

A Change in Course? The Eleventh Circuit May Soon Join Most Circuits on the Applicability of FAA Grounds to Vacate Nondomestic Arbitration Awards

In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic arbitration… more

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

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Vin Thomas

A Day in the Life of a Financial Services General Counsel - The Consumer Finance Podcast

Please join Troutman Pepper Partner Chris Willis and his colleague Vin Thomas as they discuss what it’s like to be a general counsel of a financial services company, based on Vin’s long experience as a financial services general… more

Acquisitions, Financial Services Industry, Initial Public Offering (IPO), Mergers

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Anthony Thomas Peluso

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Adrienne Thompson

High-Level Summary of FERC Order No. 1920 on Transmission Planning and Cost Allocation

On May 13, the Federal Energy Regulatory Commission (FERC or Commission) released its Order No. 1920 (Final Rule) to reform its policies regarding Regional Transmission Planning and Cost Allocation.1 The Final Rule follows from… more

Advanced Notice of Proposed Rulemaking (ANPRM), Cost Allocation, FERC, Final Rules, Infrastructure

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Abbey Thornhill

Monitorships – A Resource for AGs and Regulated Businesses Alike

Recently, a matter involving the North Carolina Attorney General (AG) Josh Stein made headlines when it was announced that Affiliated Monitors Inc. would take over monitorship of HCA Healthcare. This relates to HCA’s compliance… more

Asset Purchase Agreements, Corporate Monitoring, Health Care Providers, Healthcare, Healthcare Facilities

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Andrew Thurmond

Renewable Natural Gas – The Next Frontier

What is renewable natural gas, and what opportunities does it present? In this video, Troutman Pepper Partners Andrew Thurmond and Clayton De Arment explain the mechanics of making RNG, the various market participants and their… more

Energy Sector, Environmental Policies, Investment Tax Credits, Liquid Natural Gas, Natural Gas

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George Ticknor

In Desperate Times . . . . Travelport Puts $1.15 Billion in Collateral Value beyond the Reach of its Creditors

As we have discussed in previous QuickStudies, certain borrowers in industries experiencing particularly adverse economic conditions have taken advantage of flexible terms in their credit agreements to transfer valuable… more

Borrowers, Collateral, Creditors, EBITDA, Popular

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James Tilghman

Feds Take Action to Alleviate Supply Chain Issues Impacting Solar Industry

While the solar module market continues to experience the shipping and inflation issues that are impacting many industries, the U.S. Department of Commerce (DOC) and the U.S. Customs and Border Protection (CBP) have taken action… more

Customs and Border Protection, Imports, Solar Energy, Solar Panels, Supply Chain

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Justin Tilghman

How AI Cos. Can Cope With Shifting Copyright Landscape

In the ever-evolving landscape of artificial intelligence development, utilizing copyrighted material for training algorithms has not only become the comedy fodder for “Saturday Night Live” cast members, but also a focal point… more

Algorithms, Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Artificial Intelligence, Copyright, Copyright Infringement

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Dustin Till

One-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA

On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the… more

Chevron Deference, Energy Projects, Environmental Impact Report (EIR), Environmental Litigation, Infrastructure

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M. Kelly Tillery

Delaware Court of Chancery: Companies Must Maintain Trade Secret Confidentiality in a Remote World

In a recent decision, the Delaware Court of Chancery noted that a plaintiff-franchisor did not take adequate protections to safeguard the confidentiality of its purported trade secrets while using a remote audiovisual… more

Confidential Information, Coronavirus/COVID-19, Intellectual Property Protection, Misappropriation, Non-Disclosure Agreement

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Tom Tilton

White House Releases List of Products Excluded From Reciprocal Tariffs

On April 11, the White House released a Presidential Memorandum, “Clarification of Exceptions Under Executive Order 14257 of April 2, 2025, as Amended,” which exempts a list of semiconductors and electronics from reciprocal… more

Cell Phones, China, Critical Infrastructure Sectors, Executive Orders, Foreign Policy

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Cynthia Timms

The Texas Supreme Court Holds Interest Must Be Simple Absent an Express, Clear, and Specific Provision for Compounding

The Texas Supreme Court has clarified Texas law concerning how to calculate interest that is being paid pursuant to an agreement or statute. Samson Exploration, LLC v. Bordages, No. 22-0215, 2024 WL 2869049 (Tex. June 7, 2024)… more

Contract Terms, Energy Sector, Gas Royalties, Mineral Leases, Oil & Gas

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Moses Tincher

OSHA’s “Walkaround” Rule Allows Union Reps and Others Access to Private Worksites During Inspections

Q. Has OSHA issued any new rules addressing employees’ rights to have representation during an OSHA inspection at a private employer’s worksite?… more

Employee Rights, Employees, Employer Liability Issues, New Rules, OSHA

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Tate Tischner

Budding Lessons From Landmark Plant Seed Patent Battle

The landmark legal battle over who owns the intellectual property rights in genetically modified plants is heating up. Originally published in Law360 - October 23, 2024… more

Agribusiness, Biotechnology, Department of Agriculture, Farm Supplies, Genetically Engineered Seed

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Regina Tisdale

PCAOB Proposes Massive Expansion of the Auditor's Role

On June 3, the Public Company Accounting Oversight Board (PCAOB) proposed sweeping new auditing standards (PCAOB Release No. 2023-003) that would require auditors to consider a company’s noncompliance with laws and regulations… more

Amended Rules, Audit Reports, Auditors, Audits, Disclosure

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Harry Tiwari

FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review

The legal and constitutional implications of New York’s Foreclosure Abuse Prevention Act (FAPA) are back in the spotlight as the U.S. Court of Appeals for the Second Circuit again turns to the New York Court of Appeals for… more

Appeals, Borrowers, Constitutional Challenges, CPLR, Financial Abuse

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Joseph Toll

Consumer Financial Services 2023 Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Banks, Class Action, Consumer Bankruptcy, Consumer Financial Products

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Meagan Tom

Ringless Voicemail Service Provider Protected by Strong Ruling on Section 230 Immunity

In a case that could have broad implications for telecommunications platforms, telemarketing, and privacy law, Stratics Networks Inc. (Stratics), an interactive communications software corporation offering ringless voicemail and… more

Communications Decency Act, Corporate Counsel, Data Privacy, Federal Trade Commission (FTC), Immunity

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Julia Tomec

Reopening Commercial Buildings: COVID-19 Issues Podcast

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss legal and business issues companies are confronting in light of the COVID-19 pandemic. In this episode, Troutman Sanders partner Gary Knopf,… more

Commercial Property Owners, Coronavirus/COVID-19, Landlords, Premises Liability, Re-Opening Guidelines

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Jeremy Tomes

SBA’s Restaurant Revitalization Fund Begins Taking Applications May 3

Congress created the Restaurant Revitalization Fund (Fund) as a part of the larger American Rescue Plan Act of 2021 (H.R. 1319) (Act), which President Biden signed into law last month with $28.6 billion allocated to the Fund… more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, Restaurant Industry

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Tom Tong

BEA Reporting Requirements for ‎Foreign Direct Investment in the United States

The U.S. Department of Commerce’s Bureau of Economic Analysis (“BEA”) prepares official U.S. economic statistics, such as the U.S. international transactions accounts, the national income and product accounts, and the… more

Benchmarks, Bureau of Economic Analysis, Foreign Direct Investment, Foreign Investment, Form BE-12

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Taylor Jon Torrence

California AG Releases Proposed CCPA Implementing Regulations

On October 10, the California Attorney General released highly anticipated proposed regulations implementing the California Consumer Privacy Act (CCPA). The CCPA, which takes effect on January 1, 2020, provides California… more

California Consumer Privacy Act (CCPA), Comment Period, Consumer Privacy Rights, COPPA, Cybersecurity

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R. Zachary Torres-Fowler

Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa… more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Business Litigation

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Case Towslee

‎Planning for a Decarbonized Future: ‎FERC Grid Rule Targets Accelerated Clean Energy ‎Buildout, ‎Reliability

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC”) by a 2-1 vote took decisive action to implement new transmission planning and cost allocation regimes through the adoption of FERC Order No. 1920 (the “Rule”)… more

Carbon Emissions, Clean Energy, Energy Sector, FERC, Power Grid

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Evelyn Small Traub

DOL Clarifies Deadlines for Lifetime Income Illustration Disclosure Requirements Which Take Effect on September 18, 2021

Section 105 of the Employee Retirement Income Security Act of 1974, as amended (ERISA), requires administrators of defined contribution plans to provide participants with periodic pension benefit statements. Benefit statements… more

Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA), Lifetime Income Disclosures

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James Trefil

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Tara Trifon

2024 Privacy, AI & Cybersecurity Year in Review

2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United… more

Artificial Intelligence, Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Brokers

See all updates »

Frank Tripodi

IRS Issues Guidance on Section 162(m) Changes

On August 21, the IRS issued Notice 2018-68 to provide guidance on changes to Internal Revenue Code Section 162(m), enacted by the Tax Cuts and Jobs Act of 2017 (TCJA). Section 162(m) generally limits the tax deduction available… more

Compensation & Benefits, Corporate Taxes, Employee Benefits, Executive Compensation, Grandfathering Rules

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Emma Trivax

Medicaid Cuts: Potential Challenges and Legal Implications for Long-Term Care Facilities — Assisted Living and the Law Podcast

Assisted Living and the Law, hosted by Troutman Pepper Locke attorneys Cal Stein and Emma Trivax, offers timely insights and practical advice on navigating the complex and evolving legal landscape of the long-term care… more

Assisted Living Facilities (ALFs), Centers for Medicare & Medicaid Services (CMS), Healthcare Facilities, Healthcare Reform, Long Term Care Facilities

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Glen Trudel

President Trump Signs Congressional Review Act Resolution Overturning CFPB Overdraft Rule

On May 9, the U.S. Senate Committee on Banking, Housing, and Urban Affairs announced that President Trump signed into law Chairman Tim Scott’s (R-SC) Congressional Review Act (CRA) resolution, effectively overturning the… more

American Bankers Association, Banks, Biden Administration, Congressional Review Act, Consumer Financial Protection Bureau (CFPB)

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Christopher Trueax

Investment Management Update - March 2021

Just before we said goodbye to 2020, the Securities and Exchange Commission (SEC) finalized amendments to its advertising and solicitation rules under the Investment Advisers Act of 1940, as amended (Advisers Act). The SEC… more

Investment Adviser, Investment Advisers Act of 1940, Investment Management, Marketing, OCIE

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Andrew Truong

Are Term Loan Notes Securities? Court ‎Confirms Longstanding Market View ‎They Are Not

Introduction On August 24, 2023, the United States Circuit Court of Appeals for the Second Circuit (the “Second Circuit”) decided Kirschner v. JP Morgan Chase Bank, N.A., addressing the issue of whether notes issued as part of… more

Financial Institutions, Securities and Exchange Commission (SEC), Securities Regulation, Syndicated Loans

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Steven Trybus

The Supreme Court’s ‎Decision on ‎Enablement in Amgen v. Sanofi

Justice Gorsuch authored a unanimous opinion arching back to precedent from the 1800s and upholding the Federal ‎Circuit’s and district court’s determinations that Amgen’s patent claims are invalid for lack of ‎enablement.‎ The… more

Amgen, Patent Litigation, Patents, Pharmaceutical Industry, Pharmaceutical Patents

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Alyson Tseng

FFIEC Guidance Emphasizes the Key Role of Risk Assessments in Supporting Strong Financial Institution Authentication and Access Controls

As our colleagues from the Consumer Financial Services Group reported on August 11, the Federal Financial Institutions Examination Council (FFIEC) issued guidance titled “Authentication and Access to Financial Institution… more

Banking Sector, Cybersecurity, FFIEC, Financial Institutions, Popular

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L. Andrew Tseng

How NCAA Athletes and Brands Can Avoid Big Mistakes in NIL Influencer Agreements

The biggest event of the year in college sports just concluded as national champions were crowned in men’s and women’s basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the… more

Brand, College Athletes, Influencers, Name and Likeness, NCAA

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Misha Tseytlin

CFPB Files “Emergency Notice” in 1071 Final Rule Case and Does Not Oppose Stay of the 1071 Rule; Agency Also Seeking a “Pause” in Other Litigation

Hours before a scheduled hearing yesterday, the Consumer Financial Protection Bureau (CFPB or Bureau) filed an “Emergency Notice” in the U.S. Court of Appeals for the Fifth Circuit with respect to the ongoing litigation… more

Administrative Procedure Act, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Collection, Dodd-Frank

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David Tshudy

PA Law Allows Municipal Governments to Hold Virtual Meetings for Zoning and Land Development Applications

On April 20, Pennsylvania Gov. Tom Wolf signed into law Act 15 of 2020 (previously SB 841), which expressly authorizes municipal governments and local agencies to hold virtual meetings during the pendency of the COVID-19… more

Coronavirus/COVID-19, Relief Measures, Virtual Meetings

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Tamer Tullgren

More Than $1.895 Billion in SBA Debenture Leverage Priced at 4.963%

Licensed by the U.S. Small Business Administration (SBA) under the Small Business Investment Act of 1958, a small business investment company (SBIC) represents a privately owned and operated investment fund that makes long-term… more

Capital Markets, Debt, Financial Institutions, Financial Services Industry, Investment

See all updates »

Zachary Turk

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Thomas Jonathan Turner

Multiple Interpretations and Credit Reporting: Third Circuit District Court Dismisses Plaintiff’s First Amended Complaint in FDCPA Case

In Knight v. AR Res., Inc., a Third Circuit district court granted a defendant’s motion to dismiss a plaintiff’s first amended complaint in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized… more

Debt Collection, Debt Collectors, FDCPA, Financial Services Industry, Motion to Dismiss

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Jonathan Turpin

The FTC Strikes Again – Challenging the Listing of 300+ Patents in FDA’s Orange Book

On April 30, 2024, the FTC issued a press release and warning letters to ten pharmaceutical companies notifying them that the FTC had “availed [themselves] of the FDA’s regulatory process and submitted patent listing dispute… more

Federal Trade Commission (FTC), Food and Drug Administration (FDA), Orange Book, Patents, Pharmaceutical Industry

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Christen Tuttle

8 Ways Life Sciences Cos. Can Adapt to the Social Media Era

Social media usage worldwide is showing no signs of slowing as it permeates all aspects of our daily lives. Originally published in Law360 - September 11, 2023… more

Advertising, Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Food & Drug Regulations

See all updates »

Zayne Tweed

Federal Banking Agencies Issue New Guidebook for Community Banks Managing Third-Party Relationships

On May 3, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, and Office of the Comptroller of the Currency (collectively, the agencies) released a guidebook aimed at assisting community… more

Banks, BSA/AML, Community Banks, Financial Institutions, Financial Services Industry

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Jenna Tyrpak

Del. Related Claims Ruling Is Good News for Insurers

On March 16, the Delaware Supreme Court rejected the “fundamentally identical” standard that Delaware courts had previously used as the test for assessing relatedness-based coverage issues. Instead, Delaware courts will now be… more

Insurance Claims, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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Jason Ulezalka

Cooperation Agreements Help Distressed Lenders Negotiate as One

Cooperation agreements are a new tool for distressed debtholders seeking to negotiate from a position of unity and strength. These agreements can also help debtholders defend themselves against a growing opportunistic strategy… more

Bankruptcy Code, Borrowers, Chapter 11, Cooperation Agreement, Lenders

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Irina Vainberg Ph.D.

New York Narrows the Scope of Employee “Invention Assignment” Provisions

On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions… more

Confidential Information, Employee Handbooks, Employee Inventors, Employees, Employment Contract

See all updates »

Anthony Vale

High Time for the Supreme Court to Review Ascertainability in Class Actions

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never be… more

Ascertainable Class, Class Action, Class Certification, ConAgra, Cy Pres Funds

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Abigail Van Hook

Illinois Supreme Court Says Five Year ‎Statute of Limitations for ‎BIPA Claims

Today, the Illinois Supreme Court issued its much anticipated decision in Tims v. Black Horse Motor Carriers, Inc., deciding that the Biometric Information Privacy Act’s (“BIPA”) prohibition against sale of biometric data, or… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Statute of Limitations

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Edgar Vargas

When to Notify Your Cyber Carrier of a Security Incident - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

Our company experienced a cybersecurity incident. It seemed pretty minor — just a few suspicious emails and an employee’s account being locked. To my dismay, we’re now hearing from our IT team that the issue is more serious. We… more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Privacy

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Randy Varner

Charging Ahead: Legal, Regulatory, and Operational Considerations for EV Infrastructure Development

The rapid growth in electric vehicle (EV) sales in the United States has created an urgent demand for robust EV charging infrastructure. The demand for EV charging infrastructure is driven by the need to ensure the benefits of… more

Automotive Industry, Charging Stations, Clean Energy, Electric Vehicles, Energy Projects

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Jessamyn Vedro

U.S. Supreme Court Holds Medicaid’s Any-Qualified-Provider Provision Does Not Confer Enforceable Rights

The U.S. Supreme Court, in a 6-3 decision, ruled that the Medicaid Act’s any-qualified-provider provision does not confer individual rights enforceable under 42 U.S.C. §1983. This decision reverses the Fourth Circuit’s judgment,… more

42 U.S.C. §1983, Appeals, Beneficiaries, Constitutional Challenges, Health Care Providers

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E. Fitzgerald Veira

Keeping Track of the Trump Executive Actions

President Trump hit the ground running, issuing more executive orders, memoranda, and other actions on Inauguration Day than any previous president. Agencies are already working to implement those actions. Many of the actions… more

Clean Energy, Climate Change, Endangered Species Act (ESA), Energy Policy, Environmental Justice

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Kimberly Veklerov

Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships

On Nov. 12, the U.S. Supreme Court declined certiorari for the U.S. v. Brewbaker decision in the U.S. Court of Appeals for the Fourth Circuit, leaving undisturbed the ruling that heightens the burden on antitrust prosecutors… more

Antitrust Division, Antitrust Litigation, Antitrust Violations, Bid Rigging, Collusion

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Chris Verducci

Court Addresses Formation of Accidental Partnerships in Long-Awaited Enterprise v. Energy Transfer Appeal

The Dallas Court of Appeals yesterday issued its opinion in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P. , in which the court reversed a judgment of more than $500,000,000 rendered after a jury returned a… more

Breach of Duty, Business Litigation, Disgorgement, Duty of Loyalty, Fiduciary Duty

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Nathan Viebrock

CFPB Relaxes Underwriting Requirement for Small Dollar Lending

The Consumer Financial Protection Bureau (CFPB) issued a final rule on July 7, 2020 rescinding the mandatory ability to repay underwriting provisions on small dollar loans that it had previously announced under 12 C.F.R. § 1041… more

Ability-to-Repay, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Services Industry, Small Dollar Lenders

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Jovanni Villa

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Sidney Villanueva

On Rehearing FERC Again Rejects MISO Proposal for Transmission Owners to Self-Fund Necessary Upgrades to Connect Merchant HVDC Lines

On December 16, 2022, FERC again rejected the Midcontinent Independent System Operator Inc. (“MISO”) proposal for Transmission Owners to self-fund Necessary Upgrades to connect Merchant High Voltage Direct Current (“HVDC”)… more

Energy Sector, FERC, Transmission Lines

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Peter Villar

Not So Fast! Ninth Circuit Clarifies the Role of Materiality in Triggering SLUSA’s Class Action Bar

In a noteworthy decision refining application of the Securities Litigation Uniform Standards Act (SLUSA), the Ninth Circuit recently held that SLUSA did not bar a state law class action for alleged breach of fiduciary duties… more

Class Action, Corporate Counsel, Fiduciary Duty, Materiality, Misrepresentation

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Allie Voehringer

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Danielle Volpe

Courts Decline to Impose Liability on Subcontractor Where Contractor Could Not Prove Subcontractor’s Exclusive Control on Shared Project Site

United Illuminating Company v. Whiting-Turner Contracting Co. v. Cherry Hill Construction Co., Inc., et al. v. GEI Consultants, Inc., et al., 3:18-cv-00327-WWE (D. Conn. 2019) - In 2010 The United Illuminating Company (“UI”),… more

Construction Contracts, Construction Defects, Construction Project, Contract Terms, Defect

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Lynne Wakefield

Navigating Legal Strategies for Covering GLP-1s in Self-Insured Medical Plans — Employee Benefits and Executive Compensation Podcast

In this episode of Troutman Pepper Locke's Employee Benefits and Executive Compensation podcast, hosts Lydia Parker and Lynne Wakefield explore the complex legal landscape surrounding the coverage of GLP-1s prescribed for weight… more

Affordable Care Act, Americans with Disabilities Act (ADA), Employee Benefits, Employee Rights, Health Insurance

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Peter Wakiyama

2024 Privacy, AI & Cybersecurity Year in Review

2024 was a pivotal year in the regulation of data practices, with increased scrutiny of artificial intelligence (AI), data brokers, and the ecosystem of commercial data, and the continued proliferation of comprehensive United… more

Artificial Intelligence, Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Brokers

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Elizabeth Waldbeser

Not Your Keys, Not Your Coin: SEC Tells Crypto-Custody Providers to Report Platform Users’ Crypto Holdings as Balance Sheet Liabilities

On March 31, the Securities and Exchange Commission (SEC) issued Staff Accounting Bulletin No. 121 (Bulletin), noting that a company safeguarding or exerting custody over cryptocurrency on behalf of its platform users must… more

Blockchain, Cryptoassets, Cryptocurrency, Securities and Exchange Commission (SEC), Virtual Currency

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Adrienne Walker

Protecting High Value Bank Accounts – ‎Options to Increase FDIC Insurance Limits and Trust ‎Solutions

The recent collapses of Silicon Valley Bank (“SVB”) and Signature Bank—followed by the bailout of Credit Suisse—have led depositors to look for ways to protect their deposits in excess of the Federal Deposit Insurance… more

Banking Sector, Banks, Deposit Accounts, Deposit Insurance, FDIC

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Celeste Walker

Federal Circuit Review - Issue 296

296-1. Federal Circuit Finds Pre-Invention Ideas Not Covered Under Employment IP Assignment Agreement - The United States Court of Appeals for the Federal Circuit recently affirmed a ruling by the United States International… more

IP Assignment Agreements, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Michael Walker

2023 Amendments to DGCL Streamline Ratification of Defective Corporate Acts, Stock Splits, and Other Corporate Actions

The latest proposed amendments to the Delaware General Corporation Law (DGCL) will simplify the process for ratifying defective corporate acts; eliminate or reduce the stockholder vote required to authorize some types of stock… more

Appraisal Rights, Defective Corporate Acts, Delaware General Corporation Law, Doing Business, Ratification

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C. Dixon Wallace III

FERC Grants Waiver Request to Prevent Termination of Interconnection Service to the Palisades Nuclear Plant

On February 28, 2025, FERC granted a request by Holtec Palisades, LLC (“Holtec”) for waiver of certain provisions of the Midcontinent Independent System Operator, Inc. (“MISO”) Open Access Transmission, Energy and Operating… more

Electricity, Energy Policy, Energy Projects, FERC, Infrastructure

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Jeffrey Wallace

Proposed Changes to Code Section ‎‎1061 Contemplate Significant Changes for Real Estate Funds ‎and Developers

The “Inflation Reduction Act of 2022” recently announced by Senators Manchin and Shumer to be added to the 2022 Budget Reconciliation bill proposes several significant changes to Section 1061 of the Internal Revenue Code of… more

APIs, Capital Gains, Income Taxes, Internal Revenue Code (IRC), Partnership Interests

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Kevin Wallace

US DOL Updates Prevailing Wage Rules for Construction Industry

On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication of… more

Anti-Retaliation Provisions, Construction Industry, Construction Workers, Department of Labor (DOL), Employer Liability Issues

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Joseph Walsh

SEC Adopts Final Rules Enhancing Disclosures and Providing Additional Investor Protections Related to SPACs

Nearly two years after first proposing new rules related to special purpose acquisition companies (SPACs), the U.S. Securities and Exchange Commission (SEC) has adopted final rules aimed at enhancing investor protections in… more

Final Rules, Initial Public Offering (IPO), Investment, Investment Companies, Investor Protection

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Marshall Walthew

Gist of the Action Doctrine May Not Bar Tort Claims Arising from Negligent Performance of Contractual Duties

On December 15, 2014, the Pennsylvania Supreme Court broke its long silence on the gist of the action doctrine when it issued its decision in Bruno v. Erie Insurance Co. The gist of the action doctrine precludes a plaintiff from… more

Contract Disputes, Homeowner's Insurance, Insurance Litigation, Negligence, Property Damage

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Daniel Waltz

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Christian Chad Warpula

Charging Ahead: Legal, Regulatory, and Operational Considerations for EV Infrastructure Development

The rapid growth in electric vehicle (EV) sales in the United States has created an urgent demand for robust EV charging infrastructure. The demand for EV charging infrastructure is driven by the need to ensure the benefits of… more

Automotive Industry, Charging Stations, Clean Energy, Electric Vehicles, Energy Projects

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Taylor Washington

New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination

Q. Is there a new standard in New Jersey for disparate impact discrimination?… more

Burden-Shifting, Discrimination, Disparate Impact, Employees, Employer Liability Issues

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Christopher Wasson

FDA Proposes Modified “Intended Use” Regulations

In its latest effort to provide direction and clarity to regulated industry and stakeholders, on September 23, the U.S. Food and Drug Administration (FDA) published a proposed rule and preamble amending its medical product… more

Federal Food Drug and Cosmetic Act (FFDCA), First Amendment, Food and Drug Administration (FDA), Health Care Providers, Intended Use

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Paige Waters

Pennsylvania Enacts New Digital Forgery Law

On July 7, 2025, Pennsylvania Governor Josh Shapiro enacted a new Digital Forgery Law by signing SB 649 into law, which will take effect in 60 days. SB 649 creates “new criminal penalties for anyone who uses artificial… more

Artificial Intelligence, Bad Actors, Criminal Prosecution, Cyber Crimes, Deep Fake

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Alexander Watson

Opportunities and Optimism: M&A Deal Trends — A Recap Discussion Around ACG Atlanta M&A South Panel

Troutman Pepper Private Equity Partner Alec Watson recently moderated a panel at the ACG Atlanta M&A South Conference. In this podcast, Alec and fellow Partner Jeremy Levy discuss the following panel topics and takeaways: -… more

Acquisitions, Buyers, Mergers, Representations and Warranties Insurance, Sellers

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Brooke Watson

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this… more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Controlled Substances Act

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Brian Watt

Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Disputes, Contract Interpretation

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Marlee Waxelbaum

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and… more

Background Checks, Banking Sector, Bankruptcy Code, Banks, CARES Act

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Julie Webb

Market Definition Is Front and Center in Recent Decision ‎‎Dismissing App Developers’ Antitrust ‎Claims Against Apple

A recent decision from Judge Edward M. Chen in the United States District Court for the Northern District of California focuses on the sufficiency of allegations of market definition to state a claim for federal antitrust… more

Antitrust Litigation, Antitrust Violations, App Developers, App Store, Apple

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Karlie Clemons Webb

Navigating the Inflation Reduction Act: Insights on Brownfield Energy Community Credits - Energy Law Insights

Join Troutman Pepper Locke Partners Karlie Webb and Ben Cowan as they delve into the complexities of the Inflation Reduction Act, focusing on the Brownfield Energy Community credits. This discussion covers the statutory… more

Brownfield Properties, CERCLA, Energy Projects, Energy Sector, Energy Tax Incentives

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Wheaton Webb

Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa… more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Business Litigation

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Bradley Weber

From Cell Phones to Tractors: The Right to Repair Movement Drives On — Regulatory Oversight Podcast

In this episode of Regulatory Oversight, Stephen Piepgrass is joined by colleagues Brad Weber and Christy Matelis from the firm's Antitrust Practice Group to explore the evolving landscape of right-to-repair laws across the… more

Antitrust Provisions, Consumer Protection Laws, Federal Trade Commission (FTC), FTC Act, Magnuson-Moss Act

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Francis Weber

Second Circuit Limits Disclosure of Independent Monitor Reports in Deferred Prosecution Cases

On July 12, the U.S. Court of Appeals for the Second Circuit issued an important decision regarding the role of federal courts in cases resolved through deferred prosecution agreements (DPAs) — a settlement avenue that the… more

Banking Sector, Corporate Counsel, Criminal Investigations, Deferred Prosecution Agreements, Department of Justice (DOJ)

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Justin Weber

AAA Unveils Significant Revisions to Consumer Arbitration Rules

The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending the… more

Amended Rules, American Arbitration Association, Appeals, Arbitration, Arbitration Agreements

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Samantha Weber

FTC Refocuses Its Resources to Continue Its Work for Labor Market

In what may be a surprise to those who thought that restrictions on the use of noncompetes would go away with the change in administration, this week, the Federal Trade Commission (FTC) announced that the agency will form a… more

Antitrust Provisions, Employment Contract, Employment Policies, Enforcement Actions, Enforcement Guidance

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Dustin Weeks

Understanding the USPTO's Final Rule on Fee Adjustments for Patent Applications and Appeals

The U.S. Patent and Trademark Office (USPTO) has issued a “final rule” to fee adjustments for patent applications and appeals, effective January 19, 2025. These changes represent some of the most significant changes to the fee… more

Design Patent, Fees, Final Rules, Intellectual Property Protection, Inventions

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Mary Weeks

District Judge Orders Return of Mootness Fees in Akorn Shareholder Lawsuits and Hints at Further Sanctions

In a decision that resonates with many critics of mootness fees, a U.S. district judge for the Northern District of Illinois ordered counsel for Akorn Inc. shareholders to return $332,500 in attorneys’ fees extracted from a… more

Appeals, Class Action, Litigation Strategies, Mergers, Sanctions

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Aaron Weiss

New IRS Guidance: Emergency Personal Expense and Domestic Abuse Victim ‎Distributions Under SECURE 2.0

On June 20, 2024, the Internal Revenue Service (“IRS”) released Notice 2024-55 (the “Notice”) offering guidance on two (2) new types of distributions exempt from the 10% early withdrawal penalty: emergency personal expense… more

Employee Benefits, IRS, Retirement, Retirement Plan, SECURE Act

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Julian Weiss

Antitrust Division Declares Enterprise Wireless Merger Settlement a Victory

Shortly before the scheduled start of the trial, the U.S. Department of Justice, Antitrust Division (Division) reached a settlement with Hewlett Packard Enterprise (HPE) and Juniper Networks (Juniper), allowing their $14 billion… more

Acquisitions, Antitrust Division, Antitrust Litigation, Antitrust Violations, Competition

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Kayla Weldon

Bankruptcy Case Is Reminder on Collateral Ownership Issue

On April 28, the U.S. Bankruptcy Court for the Northern District of Oklahoma in Kirtley v. Mabrey Bank (In re: Rudick) held that an entity other than the debtor may grant a lien on the debtor’s property, affirming the legal… more

Bankruptcy Code, Bankruptcy Court, Chapter 7, Collateral, Creditors

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John West

Key Considerations After DOJ Announces Shifting Enforcement Priorities

On February 5, U.S. Attorney General (AG) Pam Bondi issued 14 memoranda to Department of Justice (DOJ) employees framing the DOJ's current policies and enforcement priorities. These shifting enforcement priorities are aligned… more

Anti-Corruption, BSA/AML, Cartels, Civil Rights Act, Criminal Investigations

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Kadeisha West

Navigating Power Allocation and Customer Choice in a Regulated Landscape - Energy Law Insights

The landscape for utilities and their customers in the power allocation space is heavily regulated. Minimum load requirements, contested rights, and myriad other issues must be understood — and handled effectively — to achieve… more

Competition, Contract Disputes, Electricity, Energy Market, Energy Policy

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Erin Whaley

Colorado AI Act — The Good Bot Podcast

Join Troutman Pepper Locke Partner Brett Mason for a podcast series analyzing the intersection of artificial intelligence (AI), health care, and the law. In this installment of The Good Bot, Brett is joined by attorneys Erin S… more

Artificial Intelligence, Colorado, Health Care Providers, Health Technology, State Privacy Laws

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Emily Wheatley

Delaware Court of Chancery Highlights Seriousness of Cybersecurity Concerns While Maintaining High Standard for Caremark Claims

On October 5, the Delaware Court of Chancery issued a decision in Firemen’s Retirement System of St. Louis v. Sorenson, et al., C.A. No. 2019-0965-LWW, dismissing breach of fiduciary duty claims brought against various Marriott… more

Caremark claim, Corporate Counsel, Cybersecurity, Data Breach, Data Protection

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Ashley Wheelock

‎2022 HIPAA Enforcement Update – ‎OCR Continues Focus on Rights of Access

In 2022, the Department of Health and Human Services, Office for Civil Rights (OCR) announced eighteen settlement agreements to resolve allegations of Health Insurance Portability and Accountability Act ‎‎(HIPAA) violations… more

Cybersecurity, Data Breach, Data Protection, Data Security, Health Care Providers

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Benjamin White

Banks Should Continue to Prep for CFPB Data Rule Rollout

Companies that fall within the definition of “data provider” are expected by this fall to be required to comply with the Consumer Financial Protection Bureau’s proposed rule implementing Section 1033 of the Dodd-Frank… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Information, Data Management, Debt Collection

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Cole White

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Matthew White

CFPB Bans Third-Party Payment Processor and Its Founder for Ignoring Fraud and Supporting Scammers

On January 18, the Consumer Financial Protection Bureau (CFPB) filed a proposed final judgment and order in its March 2021 lawsuit against BrightSpeed Solutions, a third-party payment processor, and its founder, Kevin Howard. If… more

Civil Monetary Penalty, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Fraud, Payment Processors

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Kyle Whiteman

Investment Management Update - February 2022

Covering legal developments and regulatory news for funds, their advisers, and industry participants for the period July 2021 through December 2021… more

Investment Adviser, Investment Advisers Act of 1940, Investment Company Act of 1940, Securities and Exchange Commission (SEC), Universal Proxy Cards

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John Whitlock

United States District Court Accepts the “Valid When Made” Doctrine

In Robinson v. National Collegiate Student Loan Trust 2006-2, the U.S. District Court for the District of Massachusetts accepted the validity of the “valid when made” doctrine. The District Court’s acceptance is noteworthy in… more

Banking Sector, Interest Rates, OCC, Student Loans, Valid When Made Doctrine

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Thomas Wilczak

Michigan Creates New PFAS In Drinking Water Standards

On July 27, the Michigan Legislature’s Joint Committee on Administrative Rules (JCAR) filed new administrative rules and rule amendments concerning Michigan’s drinking water standards with the Michigan Secretary of State’s… more

Contamination, Drinking Water, Environmental Policies, Groundwater, Hazardous Substances

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Anna Wildeman

PFAS MCL Summary

On April 8, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a final rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA). The final rule, which… more

Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Final Rules, PFAS

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Mark Wilhelm

Planning for Success: Five Considerations for Selling Your RIA

Every RIA owner will at some point need to transition their business, whether through internal succession, a sale of the business or otherwise. If the transition could be via a sale, the day to start planning to sell your RIA is… more

Acquisitions, Buyers, Corporate Sales Transactions, Financial Services Industry, Merger Agreements

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Carmen Williams

Weed-ing Through the Laws: A Snapshot of US Cannabis Legislation

Marijuana legislation is continuing to evolve in the new year across jurisdictions throughout the U.S. Below, we dive into a brief survey of notable changes to marijuana legislation across the U.S. during the first three weeks… more

Agribusiness, Cannabis Products, Controlled Substances, Decriminalization of Marijuana, Marijuana

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Taylor Williams

Investment Management Update - Q1 2025

Explore the latest legal developments and regulatory updates impacting funds, advisers, and industry participants, including SEC rule amendments, compliance extensions, and guidance on accredited investor verification… more

Financial Markets, Investment Adviser, Investment Funds, Investment Management, Regulatory Requirements

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Annette Michelle Willis

Georgia Amends Intangible Recording Tax Statute and Expands Loans Exempt from Tax

On May 9, Governor Brian Kemp signed House Bill 586, revising the definition of “long-term note[s] secured by real estate” that are subject to the intangible recording tax. Under current law, long-term notes are considered any… more

Borrowers, Georgia, Lenders, Loans, Mortgages

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Ashley Willis

CFPB Proposes to Dramatically Cut Safe Harbor for Credit Card Late Fees

Today the Consumer Financial Protection Bureau (CFPB) published a proposed rule with request for public comment that would amend Regulation Z to: 1) decrease the safe harbor for credit card late fees to $8 and eliminate… more

CARD Act, Comment Period, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Credit Cards

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Chris Willis

Point-of-Sale Finance Series: Banking on Lending Models — The Consumer Finance Podcast

In this crossover episode of The Consumer Finance Podcast and Payments Pros, Chris Willis, Jason Cover, and Taylor Gess continue the Point-of-Sale Finance Series to discuss licensed lending and bank model lending programs. This… more

Banks, Consumer Financial Products, Financial Institutions, Financial Services Industry, FinTech

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Robert Willis

Troutman Pepper Attorneys Update Fair Lending Handbook for the American Association of Bank Directors - The Consumer Finance Podcast

Please join Troutman Pepper Partners Chris Willis and Lori Sommerfield, along with American Association of Bank Directors (AABD) President David Baris, for a special announcement about the recently published second edition of… more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), ECOA, Enforcement, Fair Housing Act (FHA)

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Gillian Williston

Fourth Circuit Clarifies What Constitutes a QWR Under RESPA

On February 22, the Fourth Circuit clarified in a published opinion what communications constitute a qualified written request (QWR) under the Real Estate Settlement Procedures Act (RESPA). The Fourth Circuit held that “where a… more

Borrowers, Mortgage Servicers, Mortgages, Qualified Written Requests, RESPA

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Mackenzie Willow-Johnson

State AGs Lead the Way in False Advertising Enforcement

Advertisements are everywhere. As we are constantly bombarded with information about the latest trends in every area from health and nutrition to finance and technology, it can be difficult to determine what information we can… more

Advertising, False Advertising, FTC Act, State Attorneys General, Unfair or Deceptive Trade Practices

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Deanna Markowitz Willson

The Intangible Concrete Injury: A 2024 Update of Post-TransUnion Decisions on ‎Standing for Data Breach Class Actions

Jurisprudence on Article III standing requires a plaintiff to demonstrate an injury in fact, which must be both (1) concrete and (2) actual or imminent. For a plaintiff seeking redress in a data breach case, sufficiently… more

Class Action, Cybersecurity, Data Breach, Data Protection, Fair Credit Reporting Act (FCRA)

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Fredrick Wilson

The Challenges and Opportunities of Interconnection and Transmission of Renewable Energy

The boost enabled by the Inflation Reduction Act has, to some extent, been counterbalanced by a range of transitional issues. In this video, Troutman Pepper Partners Brian Harms and Fred Wilson discuss these top-of-mind… more

Clean Energy, Electricity, Energy Projects, Energy Sector, Inflation Reduction Act (IRA)

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Stephen Wilson

The Madrid Protocol

The United States is a party to the Madrid Protocol, an international treaty simplifying the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark registrations and pending… more

Intellectual Property Protection, International Trademark Protection, IP License, Madrid Protocol, Trademark Application

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Tyler Wilson

Restrictive Covenants Unenforceable Where Consideration Forfeited

In North American Fire Ultimate Holdings, LP v. Alan Doorly, the Delaware Court of Chancery held that the restrictive covenants included in an incentive unit grant agreement were unenforceable when the units received by the… more

Acquisition Agreements, Breach of Contract, Compensation & Benefits, Consideration, Contract Disputes

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Mark Windham

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

See all updates »

Alan Wingfield

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging… more

Automotive Loans, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection

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Katelyn Winslow

Investment Management Update – Exit Strategies

Gregory J. Nowak, a partner and practice leader for hedge funds in Pepper Hamilton’s Funds Services Practice Group, hosts a monthly webinar series for West LegalEdcenter. This month, Mr. Nowak, is joined by Richard Juliano,… more

Acquisitions, Appraisers, Asset Management, Buyouts, Carried Interest

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Seth Winter

Legislation Introduced in the House Aims to Support New and Rural Banks by Easing Regulatory Requirements

On January 16, U.S. Representative Andy Barr (R-KY) introduced H.R. 478, the “Promoting New Bank Formation Act,” which was referred to the Committee on Financial Services. This bill aims to support the establishment and growth… more

Agribusiness, Agricultural Land, Capital Requirements, Community Banks, Equal Access to Credit

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Audrey Wisotsky

Federal Appeals Court Finds CFPB's Structure Unconstitutional

While certainly a big blow to the Bureau, the court’s remedy did not go as far as some CFPB opponents would have liked. In a blockbuster ruling on October 11, the U.S. Court of Appeals for the District of Columbia Circuit… more

Administrative Proceedings, Article II, Banking Sector, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB)

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Tammy Ward Woffenden

‎2022 HIPAA Enforcement Update – ‎OCR Continues Focus on Rights of Access

In 2022, the Department of Health and Human Services, Office for Civil Rights (OCR) announced eighteen settlement agreements to resolve allegations of Health Insurance Portability and Accountability Act ‎‎(HIPAA) violations… more

Cybersecurity, Data Breach, Data Protection, Data Security, Health Care Providers

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Michael Wolak III

COVID-19 and Director Liability: Discharging Fiduciary Duties While Navigating the Financial Distress and Business Uncertainty Caused by the Pandemic

The COVID-19 pandemic has caused unprecedented economic disruption at virtually every level of a business, from alarming declines in demand and revenue, operational and supply chain problems , employee issues, roadblocks to… more

Board of Directors, Coronavirus/COVID-19, Duties & Responsibilities, Duty of Care, Duty of Loyalty

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David Wolpa

New Texas Stock Exchange Aims at Nasdaq and NYSE

On April 4, the Texas Stock Exchange's (TXSE) Form 1 application for registration as a national securities exchange was publicly released by the U.S. Securities and Exchange Commission (SEC). The application contains a wealth of… more

Capital Markets, Corporate Governance, Financial Markets, Listing Rules, Nasdaq

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Brandon Woods

Charging Ahead: Legal, Regulatory, and Operational Considerations for EV Infrastructure Development

The rapid growth in electric vehicle (EV) sales in the United States has created an urgent demand for robust EV charging infrastructure. The demand for EV charging infrastructure is driven by the need to ensure the benefits of… more

Automotive Industry, Charging Stations, Clean Energy, Electric Vehicles, Energy Projects

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Michael Drew Wooldridge

Charging Transportation Electrification Forward: Identifying Opportunities & Regulatory Solutions in the Rapidly Evolving EV Market - Energy Law Insights

The rapidly evolving electric vehicle (EV) market presents electric utilities, EV service providers, private developers, and other stakeholders with several challenges and opportunities. These complex, and often novel,… more

Automotive Industry, Charging Stations, Electric Vehicles, Energy Sector, Infrastructure

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W. Allen A. Woolley

[Webinar] Going Through Withdrawal: Dealing with Multiemployer Pension Plan Withdrawal Liability? - November 14th, 12:00pm CT

This program will present an overview of withdrawal liability issues pertinent to employers contributing to multiemployer pension plans under collective bargaining agreements. The presenters are an experienced enrolled actuary… more

Collective Bargaining Agreements (CBA), Continuing Legal Education, Employee Retirement Income Security Act (ERISA), Multiemployer Plan, Pensions

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Andrea Wortzel

Extreme Makeover – NEPA Edition: Permitting Agencies Strip Their Environmental Review Regulations Down To The Studs

In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National… more

Department of Defense (DOD), Department of Energy (DOE), Department of the Interior, Department of Transportation (DOT), Deregulation

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Peter Wynacht

FUNDamentals — June 2025

FUNDamentals is a periodic digest of news and information specifically for private funds and their managers. In this issue, we highlight some fundraising trends, new marketing rule FAQs, fund liquidity trends (limited partners… more

Federal Budget, Financial Markets, Financial Services Industry, Fund Managers, Investment

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Michael Yaghi

Newly Appointed Wyoming AG, Keith Kautz

Keith Kautz will serve as the new attorney general (AG) of the state of Wyoming following his appointment by Governor Mark Gordon , effective July 7, 2025. Kautz has a long history of civil service in the state, having served as… more

Administrative Appointments, Judicial Authority, Judicial Review, Public Policy, State and Local Government

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Janine Yaniak

Third Circuit Affirms Limit on FTC's Authority to Sue in Federal Court

A unanimous Third Circuit panel recently held that Section 13(b) of the Fair Trade Commission Act (FTC Act) — which provides a mechanism for the FTC to proceed directly to federal court to enjoin allegedly unlawful conduct that… more

Administrative Law Judge (ALJ), Antitrust Provisions, Antitrust Violations, Enforcement Actions, Equitable Relief

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Alexander Yarbrough

SEC Considers Changes to Definition of Foreign Private Issuer

On June 4, 2025, the U.S. Securities and Exchange Commission (SEC) published a concept release soliciting public comment on the definition of a foreign private issuer (FPI) and whether changes are needed to reflect the current… more

Capital Markets, China, Disclosure Requirements, Foreign Private Issuers, Investment

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Peter Yould

Fifth Circuit Clarifies Enforcement of IDR Awards Under the No Surprises Act

On June 12, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion in the case involving Guardian Flight, LLC and Med-Trans Corporation, two air ambulance providers, against the defendant insurance company… more

Ambulance Providers, Appeals, Arbitration Awards, Dispute Resolution, Emergency Response

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A. Christopher Young

The FTC Intervenes in Franchise Relationships

The U.S. Federal Trade Commission's (FTC) latest policy statement aims to dictate the outcome of contract negotiations between franchisors and their franchisees and to limit the potential negative impact on franchisees of… more

Contract Negotiations, Federal Trade Commission (FTC), Franchise Agreements, Franchise Disclosure Document, Franchisee

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Jonathan Young

Cooperation Agreements Help Distressed Lenders Negotiate as One

Cooperation agreements are a new tool for distressed debtholders seeking to negotiate from a position of unity and strength. These agreements can also help debtholders defend themselves against a growing opportunistic strategy… more

Bankruptcy Code, Borrowers, Chapter 11, Cooperation Agreement, Lenders

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Julie Young

SPACs and the Implications for D&O ‎Insurance

Special Purpose Acquisition Companies or “SPACs” have emerged as a significant part of the ‎financial and transactional markets. A SPAC is a company with no commercial operations, formed ‎strictly for the purpose of publicly… more

D&O Insurance, Enforcement Actions, Initial Public Offering (IPO), Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Erica Youngerman

CMS Recommendations For Reopening Health Care Facilities For Non-Emergent NON-COVID-19 Care

On April 19, the Centers for Medicare & Medicaid Services (CMS) issued recommendations to health care facilities for the first phase of reopening facilities to provide non-emergent non-COVID-19 health care… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Re-Opening Guidelines

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Rebecca Younker

New Staffing Mandates for Long-Term Care Facilities

Last month, on April 22, the Centers for Medicare & Medicaid Services (CMS) issued its Minimum Staffing Standards for Long-Term Care Facilities final rule, which will apply to any long-term care (LTC) facilities that receive… more

Centers for Medicare & Medicaid Services (CMS), Employees, False Claims Act (FCA), Health Care Providers, Healthcare

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Thomas Yoxall

Troutman Pepper Locke - The Powerhouse Merger – The Consumer Finance Podcast

In the first episode of The Consumer Finance Podcast as the newly combined Troutman Pepper Locke, host Chris Willis is joined by Partners Tom Yoxall and Michael Lacy to discuss the strategic merger between Troutman Pepper and… more

Financial Services Industry, Mergers

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Brianka Yzaguirre

SCOTUS Declines to Decide Missouri Corporation's Question of International Comity and State Law

International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity… more

Alien Tort Statute, Appeals, Choice-of-Law, Comity, Extraterritoriality Rules

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Richard Zack

FinCEN Issues Alert for Financial Institutions on Red Flags for “Pig Butchering” Schemes

On September 8, the Financial Crimes Enforcement Network of the U.S. Department of Treasury (FinCEN) issued an alert warning financial institutions to be vigilant against a prominent virtual currency investment scam called “pig… more

Cryptocurrency, Electronic Fund Transfer Act, Financial Crimes, Financial Fraud, Financial Institutions

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Bilal Zaheer

Delaware Court of Chancery Finds That Crossing the “Fine Line Between Glaringly Egregious Conduct and an Aggressive Litigation Position” Costs Gilead $1.76 Million in Attorneys’ Fees

As discussed last January, Delaware courts have lowered the threshold for stockholders to gain access to books and records. Stockholders are permitted to obtain books and records so long as they can show a credible basis to… more

Attorney's Fees, Books & Records, Delaware General Corporation Law, Section 220 Request

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Patrick Zancolli

Navigating Roster Limit Challenges: Updates to the House v. NCAA Settlement Agreement

On May 7, the parties in House v. NCAA submitted supplemental briefs in response to U.S. District Judge Claudia Wilken’s April 23 order requiring both parties to address her concerns over the issue of roster limits. These briefs… more

Class Action, College Athletes, Compensation & Benefits, Contract Terms, Educational Institutions

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Jason Zanetti

Federal Sports Betting Legislation Introduced in the Senate

On Wednesday, December 19, 2018, Senators Orrin Hatch (R-Utah) and Chuck Schumer (D-New York) formally introduced the legislation that they had previously released in draft form. The bi-partisan legislation, titled, the “Sports… more

Proposed Legislation, Sports Betting, Sports Gambling

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Andrew Zappia

Understanding the Impact of IPR Estoppel and PTAB Discretionary Denials — Patents: Post-Grant Podcast

In this episode of the Post-Grant Podcast, Andy Zappia, Nick Gallo, and Bryan Smith explore the evolving landscape of estoppel in inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal… more

Appeals, CAFC, Estoppel, Inter Partes Review (IPR) Proceeding, New Guidance

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Dennie Zastrow

HSR Thresholds Lower for 2021

Yesterday, the Federal Trade Commission (FTC) announced the annual changes to the thresholds for Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act) and 8 (interlocking directors) of the Clayton Act. For only the second… more

Acquisitions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate, Mergers

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Joshua Zeman

Michigan Manufacturers May Resume Production On May 11-But There's A Catch

On May 7, Michigan Gov. Gretchen Whitmer issued Executive Order 2020-77 (Order), extending the mandatory stay-at-home restrictions for all Michigan residents through May 28… more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Responsibilities, Manufacturers

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Ying Zeng

DOJ Amplifies Compliance Guidance, Focusing on Customization, Continuous Improvement, Third-Party Relationships and Resourcing

On June 1, the U.S. Department of Justice updated its guidance on the Evaluation of Corporate Compliance Programs (DOJ Compliance Guidance). While the changes are modest, they reflect DOJ’s evolving expectations regarding… more

Anti-Corruption, Compliance Management Systems, Department of Justice (DOJ), Third-Party Risk, White Collar Crimes

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Yueyang Zhang

Trend of Fintech Companies Seeking U.S. Banking Licenses Continues

The trend of fintech companies seeking or acquiring U.S. banking licenses continues to build momentum, furthering the convergence of fintech and banking. More fintech companies are applying and being approved for banking… more

Banking Sector, Banks, FDIC, FinTech, OCC

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Karl Zielaznicki

Shoe Dupes Walk a Fine Line After Recent IP Infringement Case

Dupes of original branded items present significant intellectual property (IP) challenges in the fashion industry. Not all fashion products are entitled to IP protection and perceived similarities between products do not always… more

Copyright, Copyright Infringement, Fashion Branding, Fashion Design, Fashion Industry

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Emily Zimmer

Long-Term Part-Time Employee Eligibility Rules Now in Effect — Troutman Pepper Podcast

In the companion podcast to our recently published client advisory, Troutman Pepper Partners Emily Zimmer and Constance Brewster delve into the intricacies of the SECURE Act, also known as SECURE 1.0, and its successor, SECURE… more

401k, Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Final Rules

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Mary Zinsner

Navigating Elder Fraud: Challenges and Legal Trends in Payment Systems — Payments Pros – The Payments Law Podcast

In this episode of Payments Pros, Carlin McCrory is joined by Mary Zinsner, a partner in the Consumer Financial Services Practice Group, to explore the increasing litigation trends in the payments industry, with a focus on elder… more

Consumer Protection Laws, Elder Abuse, Financial Crimes, Financial Institutions, Financial Services Industry

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Ethan Zook

Policies in Focus: Opportunities and Challenges Expected for M&A and VC in 2025

The only constant in Washington, D.C., is that power will periodically shift from one party to another, and back again. As a new administration and Congress begin to chart a course on a wide range of policies, it is important to… more

Acquisition Agreements, Antitrust Provisions, Artificial Intelligence, Competition, Corporate Sales Transactions

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Shawn Zovod

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take permitting… more

Comment Period, Critical Habitat, Endangered Species Act (ESA), Environmental Policies, Government Agencies

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