Author Info for Alston & Bird

Chevron Overruled - What Are the Tax Implications?

Our Tax Group reviews how the U.S. Supreme Court’s ruling in Loper Bright that overturned many decades of the Chevron doctrine will affect federal and state taxes…more

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

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The Jury Is Out No More: Supreme Court Curbs SEC’s In-House Authority, with Implications for Other Agencies

The U.S. Supreme Court’s Jarkesy decision dealt a blow to the Securities and Exchange Commission’s (SEC) in-house adjudication system. Our team analyzes the decision and its potential impact on other federal agencies…more

Administrative Authority, Administrative Proceedings, Jury Trial, SCOTUS, SEC v Jarkesy

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Kristin Adams

Food & Beverage Digest – January 2022

In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff offers a toast to cinnamon, flavored water…more

Advertising, Class Action, False Advertising, Food Labeling, Food Manufacturers

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Michael Agoglia

District Courts Split on Convenience Fees Under Debt Collection Laws

A&B ABstract: In a number of recent decisions, district courts have split on the issue of whether a mortgage servicer violates the Fair Debt Collection Practices Act (“FDCPA”) and related state debt collection statutes by…more

Borrowers, Convenience Fees, Debt Collection, Debt Collectors, FDCPA

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Jennifer Aguilar

CFPB’s “Overdraft Lending” Rule Faces Immediate Legal Challenge

What Happened? On December 12, 2024, the Consumer Financial Protection Bureau (CFPB) issued its final “overdraft lending” rule aimed at curbing overdraft fees charged by banks and credit unions with more than $10 billion in…more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Fees

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Kitan Ajanaku

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Alexander Akerman

Sea Change: Diversity, Equity, and Inclusion in Higher Education After Supreme Court Strikes Down Affirmative Action

The Supreme Court’s decision to strike down affirmative action will spur more challenges to educational institutions’ policies beyond admissions. Our Education Team discusses race conscious admissions prior to the Court’s…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

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Simon Albert

“Failure to Prevent” and More: The UK Economic Crime and Corporate Transparency Act 2023 Is Here

Our White Collar, Government & Internal Investigations Team highlights key elements of the UK’s Economic Crime and Corporate Transparency Act…more

Corporate Crimes, Corporate Governance, Corporate Transparency Act, Failure to Prevent, Financial Crimes

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James Alexander Jr.

New Legislation Brings Sweeping Changes to the U.S. AML Regime

Our Financial Services & Products Group studies the newly enacted anti-money laundering provisions of this year’s National Defense Authorization Act…more

Anti-Money Laundering, Beneficial Owner, FinCEN, NDAA, Reporting Requirements

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Randall Allen

FTC Issues Statement of Principles on Section 5 Enforcement

On August 13, 2015, the Federal Trade Commission approved its first official guidelines on the breadth of its powers to prosecute “unfair methods of competition” that are not violations of federal antitrust law. The Commission’s…more

Antitrust Provisions, Federal Trade Commission (FTC), Section 5, Unfair Competition

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Summer Allen

Structured Finance Spectrum - July 2019

It’s hot out there and the market’s even hotter! Cool off with the latest issue of the Structured Finance Spectrum, our newsletter featuring what’s new and newsworthy in structured finance. …more

Financial Institutions, Libor, Mortgage Lenders, Mortgage Servicers, Mortgages

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Mustafa Almusawi

A Practical Guide to the SEC’s Private Fund Adviser Rules: Commentary and Industry Insight

In August 2023, the U.S. Securities and Exchange Commission adopted new rules and amendments to rules under the Investment Advisers Act of 1940, as amended, affecting registered and unregistered advisers to private funds. We…more

Asset Management, Audits, Compliance, Final Rules, Financial Services Industry

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Robia Amjad

California Imposes Restrictions on Arbitration Clauses in Consumer Agreements

What happens in California, stays in California. Our Class Action Team examines a new California law that keeps California consumers’ arbitration proceedings in California…more

Arbitration, Arbitration Agreements, California, Compliance, Consumer Contracts

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Nnola Amuzie

Class Action & MDL Roundup – Fall 2021

In the fall edition of the Class Action & MDL Roundup, covering notable class actions from the third quarter of 2021, a marriage nearly tears apart a certified class, insurers are vaccinated against more COVID-19 suits, and…more

Class Action, Class Certification, Class Members, Coronavirus/COVID-19, Corporate Counsel

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Alina Ananian

FCC Issues a Notice of Proposed Rulemaking That Will Impact Consent Under the TCPA

Our TCPA Counseling & Litigation Team calls out the four ways the Federal Communications Commission’s new proposed rule would strengthen consumer rights under the Telephone Consumer Protection Act…more

Comment Period, Consent, FCC, NPRM, Robocalling

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Ashton Andrews

Getting on the Bandwagon: Eight Additional U.S. Attorneys’ Offices Announce Corporate Whistleblower Pilot Programs

Our White Collar, Government & Internal Investigations Team examines a plethora of new whistleblower pilot programs from federal prosecutors across the country…more

Compliance, Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Incentives

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Gina Angiolillo

President Trump’s Executive Orders on the Environment

Our Environment, Land Use & Natural Resources Group rounds up President Trump’s initial volley of Executive Orders focusing on the environment and energy…more

Climate Change, Energy Policy, Energy Sector, Environmental Policies, Executive Orders

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Christopher Aranguren

Patent Case Summaries - July 2022 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Shazell Archer

New SEC Rule 192: Prohibition Against Conflicts of Interest in Certain Securitizations

Our Finance Group summarizes the Securities and Exchange Commission’s finalized Rule 192 that prohibits conflicts of interest among participants in asset-backed securitizations. - The Dodd–Frank Act prohibits conflicts of…more

Asset-Backed Securities, Conflicts of Interest, Dodd-Frank, Proposed Rules, Regulatory Agenda

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Miriam Archibong

New Regulations Proposed by the Department of Education Will Impact Proprietary and Nonproprietary Schools Alike

Our Education Team delves into new proposed regulations that would bring a substantial change to the way Title IV is administered. New gainful employment regulations are more complex than Obama-era versions…more

Department of Education, Educational Institutions, Financial Aid, Higher Education Act, Title IV

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Douglas Arnold

Class Action & MDL Roundup – Winter 2021

Welcome back to the Class Action & MDL Roundup! Our winter edition covers notable class actions from the fourth quarter of 2020. In this edition, we find a common theme among COVID-19 class actions, the Tampa 2 defends…more

Advertising, Business Interruption, Class Action, Class Certification, Class Members

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James Ashe-Taylor

EU and UK Strike Deal on Cooperation in Competition Investigations

Our Antitrust Team discusses the intricacies of the upcoming competition cooperation agreement (CCA) between the European Union and UK that will allow better coordination of enforcement of competition laws in parallel…more

Antitrust Provisions, Competition, Competition Authorities, Enforcement Actions, EU

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Gupinder Assi

The UK Introduces a New Reimbursement and Compliance Monitoring Regime for Authorised Push Payment Scams

Our UK Financial Services Group examine the UK’s new mandatory reimbursement rules that will require payment service providers (PSPs) to reimburse victims of scam transactions…more

Bank of England, Compliance, Compliance Monitoring, Financial Services Industry, Payment Systems

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Matthew Atha

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Megan Ault

Sustainability Spotlight | Q4 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Corporate Governance, Energy Projects, Enforcement Actions, Environmental Social & Governance (ESG), Fossil Fuel

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Alysa Austin

Last Minute Biden Cybersecurity and Artificial Intelligence Executive Orders Survive Initial Trump Revocations

In the final week of the Biden Administration’s term in office, former President Biden issued two high profile executive orders that could have significant ramifications for the cybersecurity and technology industries. The…more

Artificial Intelligence, Biden Administration, Cybersecurity, Data Security, Department of Defense (DOD)

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Mario Ayoub

Lessons from DOJ’s First Prosecution of a Company Executive Covering Up a Data Breach

Our Privacy, Cyber & Data Strategy and White Collar, Government & Internal Investigations teams offer key takeaways that companies should consider in the wake of the Justice Department’s first prosecution of a corporate…more

Corporate Counsel, Criminal Investigations, Criminal Prosecution, Data Breach, Data Privacy

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Carter Babaz

Patent Case Summaries | Week Ending December 6, 2024

Cytiva BioProcess R&D AB v. JSR Corp., et al., Nos. 2023-2074, -2075, -2191, -2192, -2193, -2194, -2239, -2252, -2253, -2255 (Fed. Cir. (PTAB) Dec. 4, 2024). Opinion by Prost, joined by Taranto and Hughes…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Karly Bader

FDA’s Final Rule for “Healthy” Claim Requirements: What Industry Should Know

Our Food, Beverage & Agribusiness Team unpacks what companies need to know about the Food and Drug Administration’s final rule on “healthy” food labeling…more

Advertising, Beverage Manufacturers, Food & Drug Regulations, Food and Drug Administration (FDA), Food Labeling

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Alicia Badley

Yet More Carrots: DOJ Announces New Whistleblower Pilot Program

Our White Collar, Government & Internal Investigations Team reviews a new program announced by the Department of Justice (DOJ) that aims to incentivize reporting of corporate and financial misconduct…more

Compliance, Corporate Misconduct, Corruption, Department of Justice (DOJ), Disclosure

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Tamer Bahgat

Russian Bond Default and CDS Credit Event: How Did We Get Here and Where Are We Going?

Our Financial Services & Products Group provides background on how Russia defaulted on its eurobonds and discusses the implications for Russian bond and credit default swap positions…more

Bonds, CDS, Default, Eurobonds, Financial Services Industry

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Joseph Baillargeon

Patent Case Summaries - July 2023 #3

United Therapeutics Corp. v. Liquidia Technologies, Inc., Nos. 2022-2217, 2023-1021 (Fed. Cir. (D. Del.) July 24, 2023). Opinion by Lourie, joined by Dyk and Stoll. United Therapeutics sued Liquidia for infringement of two…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Shifali Baliga

Another Court Dismisses Data Breach Class Action Lawsuit for Lack of Standing

In what appears to be a growing trend, another federal district court has dismissed a data breach case for lack of standing. In Springmeyer et al. v. Marriott International, Inc., 2021 WL 809894 (D. Md.), Plaintiffs, former…more

Class Action, Data Breach, Dismissals, Marriott, Standing

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Anthony Balloon

Does Your Force Majeure Provision Extend to the Coronavirus? (Updated)

The coronavirus has caused unprecedented business disruptions on a global scale. Our Litigation Group diagnoses the problem and discusses how the ramifications could trigger force majeure provisions in your contracts…more

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

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Kelley Connolly Barnaby

FinCEN Issues Geographic Targeting Order for U.S. Southwestern Border

Our Financial Services and White Collar, Government & Internal Investigations Groups unpack the Financial Crimes Enforcement Network’s new geographic targeting order aimed at combatting money laundering and other illegal…more

Anti-Money Laundering, Bank Secrecy Act, Compliance, Financial Services Industry, FinCEN

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Alexandra Garrison Barnett

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive…more

Affirmative Action, Civil Rights Act, Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ)

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John Baron

Plan in Advance: Deferred Revenue Tax Considerations in M&A Transactions

Our Federal Tax Group discusses the tax treatment of deferred revenue or advance payments in M&A transactions. The tax treatment of deferred revenue differs from the treatment for financial accounting purposes…more

Acquisitions, C-Corporation, Corporate Taxes, Income Taxes, Mergers

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Michael Barry

Court Holds Forensic Investigator’s Report is Protected from Disclosure

Third-party forensic investigations performed at the direction of counsel are part-and-parcel of virtually every data breach. There has been little case law, however, directly addressing the extent to which the attorney-client…more

Attorney-Client Privilege, Cyberforensics, Data Breach, Work-Product Doctrine

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Kristen Bartolotta

UK Government Proposes Targeted Ban on Ransom Payments and Increased Ransomware Incident Reporting

On January 14, 2025, the United Kingdom government published a consultation on ransomware proposing new measures to increase incident reporting and reduce ransom payments (the “Consultation”). The Consultation outlines three…more

Cyber Incident Reporting, Cyber Threats, Cybersecurity, Data Privacy, Data Protection

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David Baum

SEC Approves Liquidity Risk Management Rules for Mutual Funds and ETFs

On October 13, 2016, at an open meeting, the U.S. Securities and Exchange Commission (SEC) voted to approve three rules designed to enhance effective liquidity risk management by open-end funds, including mutual funds and…more

Disclosure Requirements, ETFs, Mutual Funds, Reporting Requirements, Risk Management

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Sarah Beach

FTC Continues Its Focus on Health Privacy

Our Privacy, Cyber & Data Strategy, Consumer Protection/FTC, and Health Care Teams examine the Federal Trade Commission’s continued focus on consumer privacy in the digital health care space…more

Breach Notification Rule, Consumer Privacy Rights, Data Breach, Data Privacy, Electronic Protected Health Information (ePHI)

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Erin Beaton

Patent Case Summaries | Week Ending March 7, 2025

Apple Inc., et al. v. Gesture Technology Partners, LLC, Nos. 2023-1475, -1533 (Fed. Cir. (PTAB) Mar. 4, 2025). Opinion by Prost, joined by Moore and Stoll…more

Appeals, Final Written Decisions, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness

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Jeffrey Belkin

Has the Countdown Clock to Eliminate the Federal Small Business Set-Aside and Subcontracting Programs Started?

Our Government Contracts Group discusses what small and large businesses can do to prepare for the potential elimination of federal set-aside and subcontractor preference programs under the Small Business Act (SBA)…more

Discrimination, Diversity and Inclusion Standards (D&I), Executive Orders, Federal Contractors, SBA

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Carly Bennett

Structured Finance Spectrum - Summer 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures…more

Asset Management, Blockchain, Capital Markets, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Kathleen Benway

Flurry of FTC Action in the Final Days of the Khan FTC Precedes Transition to the Ferguson FTC

Our Consumer Protection/FTC and Antitrust Teams highlight a spate of activity by the Federal Trade Commission (FTC) in its final days under the leadership of Lina Khan and offers a preview of what’s to come with Andrew Ferguson…more

Antitrust Violations, Consumer Protection Laws, COPPA, Data Privacy, Data Security

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Gregory Berlin

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Mona Bhalla

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Adam Biegel

Flurry of FTC Action in the Final Days of the Khan FTC Precedes Transition to the Ferguson FTC

Our Consumer Protection/FTC and Antitrust Teams highlight a spate of activity by the Federal Trade Commission (FTC) in its final days under the leadership of Lina Khan and offers a preview of what’s to come with Andrew Ferguson…more

Antitrust Violations, Consumer Protection Laws, COPPA, Data Privacy, Data Security

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Henry Birnkrant

Finally! Final Regulations Published for Section 965 Transition Tax

At long last, we have the first set of final regulations for the Tax Cuts and Jobs Act. Our International Tax Group celebrates with a look at how the Treasury and IRS have clarified Section 965 and why taxpayers may need to act…more

Controlled Foreign Corporations, Federal Taxes, Foreign Corporations, Income Taxes, IRS

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Tyler Blake

The CFPB’s Funding Structure Held Unconstitutional: The Practical Implications

A&B ABstract: In another existential challenge to the CFPB, last week the Fifth Circuit held in the Community Financial case that the CFPB’s funding structure is unconstitutional. On this ground, it vacated the CFPB’s Payday…more

Consumer Financial Protection Bureau (CFPB), Financial Services Industry

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CJ Blaney

Consumer Finance State Roundup

The latest edition of the Consumer Finance State Roundup highlights recently enacted measures of potential interest from three states: Arkansas: House Bill 1184, which we expect to take effect on or about August 8, amends the…more

Consumer Financial Products, Consumer Protection Laws, Lenders, Mortgage Lenders, Mortgages

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Stephen Blank

Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Stephen Blevit

Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Joseph Boddicker

Look Ahead to the Week of March 10: Will Congress Avoid a Government Shutdown?

Both chambers are in session this week, although the House is scheduled to leave early to accommodate the House Democrats’ annual policy retreat. The focus this week will be on preventing a government shutdown, with federal…more

Border Security, Department of Defense (DOD), Department of Labor (DOL), Export Controls, Federal Budget

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Kennedy Bodnarek

To Delete or Not to Delete: Can 23andMe Really Sell Genetic Data Via Bankruptcy?

On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people. This has led to…more

23andMe, Bankruptcy Code, Chapter 11, Consumer Privacy Rights, Data Privacy

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Charlotte Bohn

Class Action & MDL Roundup 2023 Q1 – We Don’t Discount Confidentiality

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2023. In this edition, in pork we antitrust, paid time off is not pay, and if it’s free, it won’t cost you…more

Antitrust Litigation, Arbitration Agreements, Class Action, Class Certification, Class Members

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Lauren Bolcar

Patent Case Summaries - June 2020 #3

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Infringement, Patent Litigation, Patents

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Brooke Bolender

What Does California Drip-Pricing Law Mean for Retailers?

Our Class Action and State & Local Tax teams answer the questions California’s SB 478 raises about how sellers can present prices to consumers. Advertising, displaying, or offering a price that does not include all “mandatory…more

Advertising, California, CLRA, Compliance, Fees

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Teresa Bonder

FTC Issues Statement of Principles on Section 5 Enforcement

On August 13, 2015, the Federal Trade Commission approved its first official guidelines on the breadth of its powers to prosecute “unfair methods of competition” that are not violations of federal antitrust law. The Commission’s…more

Antitrust Provisions, Federal Trade Commission (FTC), Section 5, Unfair Competition

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Christopher Borchert

New Administration, New Enforcement Priorities

Three weeks into the Biden Administration, businesses must prepare for significant changes in regulatory and enforcement priorities. Our White Collar, Government & Internal Investigations Team summarizes the new Administration’s…more

Biden Administration, Big Tech, CARES Act, Department of Health and Human Services (HHS), Enforcement

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Kristi Boswell

Look Ahead to the Week of April 7: Will the House Pass the Senate Budget Resolution?

Both chambers are in session this week. Last week, President Trump announced larger-than-anticipated tariffs, including a 10% “baseline” tariff on goods imported from all countries and “discounted reciprocal” tariffs on…more

Budget Reconciliation, Canada, China, Federal Budget, International Trade

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Robin Boucard

Structured Finance Spectre - October 2018

PRACTITIONER NOTES – Frankenstein’s Monster? Rosemary’s Baby? The Twins from the Shining? How Lenders are thinking about the Delaware Division Statute and Division LLCs - Recent amendments to the Delaware LLC Act (the…more

Banking Sector, Borrowers, Community Reinvestment Act, Consumer Financial Protection Bureau (CFPB), FDIC

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Caleb Bowers

California OEHHA Moves to Implement New Proposition 65 Rules on Acrylamide

Acrylamide is a hot potato in California after the Office of Environmental Health Hazard Assessment proposed to set maximum levels in foods from almonds to potatoes to waffles. Our Environment, Land Use & Natural Resources Group…more

Food Labeling, Food Manufacturers, OEHHA, Proposition 65, Toxic Chemicals

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Andrew Boyer

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Emma Braden

DEI Executive Order’s Impact on Government Contractors and Fund Recipients

Our Government Contracts Group highlights what government contractors and grant recipients need to know about President Trump’s Executive Order revoking diversity, equity, and inclusion (DEI) programs and initiatives (EO 14173)…more

Affirmative Action, Diversity, Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders

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Kirk Bradley

Patent Case Summaries | Week Ending April 18, 2025

Recentive Analytics, Inc. v. Fox Corp., et al., No. 2023-2437 (Fed. Cir. (D. Del.) Apr. 18, 2025). Opinion by Dyk, joined by Prost and Goldberg (sitting by designation). Recentive sued Fox for infringing four patents that claim…more

Appeals, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Machine Learning

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Sam Bragg

CFPB’s “Overdraft Lending” Rule Faces Immediate Legal Challenge

What Happened? On December 12, 2024, the Consumer Financial Protection Bureau (CFPB) issued its final “overdraft lending” rule aimed at curbing overdraft fees charged by banks and credit unions with more than $10 billion in…more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Fees

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Molly Brannan

New York State Department of Financial Services Outlines Prior Approval Process for Virtual Currency-Related Activity

The New York State Department of Financial Services has issued an industry letter detailing the prior approval process for all New York banking organizations seeking to engage in new or significantly different virtual…more

Banking Sector, BitLicense, Cryptocurrency, Financial Institutions, Financial Services Industry

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Ashley Brightwell

Ninth Circuit Green-Lights Employers’ Continued Use of Mandatory Arbitration Agreements in California

Our Labor & Employment Group examines why the Ninth Circuit reversed itself and ruled that the Federal Arbitration Act preempts a California law that prohibited arbitration agreements as a condition of employment…more

Arbitration, Arbitration Agreements, California, Employment Contract, Federal Arbitration Act

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Nick Brocklesby

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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Alexander Brown

New York AG Announces $650,000 Settlement with Social Media App Developer for Students’ Privacy and Safety Concerns

On March 7, 2025, the Office of the New York State Attorney General (NY AG) published an Assurance of Discontinuance (Assurance) settling claims against Saturn Technologies, Inc. (company), a developer of a social media app for…more

Consumer Protection Laws, Data Privacy, Federal Trade Commission (FTC), Online Safety for Children, Privacy Laws

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David Brown

Sustainability Spotlight | Q4 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Corporate Governance, Energy Projects, Enforcement Actions, Environmental Social & Governance (ESG), Fossil Fuel

See all updates »

Frankie Brown

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive…more

Affirmative Action, Civil Rights Act, Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ)

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M. Nicole Brown

NIL Collectives: Don’t Be Blindsided by an IRS Challenge

If the IRS challenges the tax-exempt status of a name, image, and likeness (NIL) collective, the collective must understand how best to respond. Our Federal Tax Group details what NIL collectives need to know to make the cut…more

Audits, IRS, Name and Likeness, NCAA, Private Letter Rulings

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Sanford Brown

Biden Competition Order May Influence Bank Merger Approvals

Our Financial Services & Products and Antitrust Groups examine the Biden Administration’s call to revitalize oversight of bank consolidations and what it means for smaller banks’ ability to compete against their larger…more

Banking Sector, Banks, Biden Administration, Competition, Executive Orders

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Willa Cohen Bruckner

E.U.-U.S. Agreement on Equivalence for Central Clearing Parties: Building Cross-Border Harmony

Despite the consensus reached over six years ago among G-20 regulators on general principles for derivatives regulation, implementation of those principles in cross-border contexts has not always been smooth…more

Central Counterparties, Cross-Border Transactions, Derivatives, Derivatives Clearing Organizations, EU

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Katherine Brumund

Extended Reporting Timelines Expected for California Climate Laws

Our Environment, Land Use & Natural Resources Group explains how – if approved by the governor – the deadline to set precise compliance dates for the Climate Corporate Data Accountability Act (CCDAA) and Climate-Related…more

California, CARB, Carbon Emissions, Climate Change, Disclosure Requirements

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Seth Buchwald

Get Out Your Crystal Ball: The Challenges of Tax Planning in the Current Age of Uncertainty

It is said the future is not yet written. But the Biden Administration has a draft ready for Congress. Our Federal Tax Group gazes into the Made in America tax plan to find the many questions that await within…more

Biden Administration, Capital Gains Tax, Corporate Taxes, Tax Planning, Tax Rates

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R. Joseph Burby, IV

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive…more

Affirmative Action, Civil Rights Act, Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ)

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Samantha Burdick

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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Cathy Burgess

Addressing Data Integrity Challenges in Medical Device Submissions

The Food and Drug Administration’s (FDA) recent rejection of all study data from Mid-Link Testing highlights the importance of using reliable, valid data for medical device premarket submissions. Our FDA/Food, Drug & Device Team…more

Audits, Compliance, Data Integrity, Food and Drug Administration (FDA), Healthcare

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Angela Burnette

New Year, New HIPAA Security Rule: OCR Adds to Health Care Entities’ New Year’s Resolutions

The Biden Administration’s Office for Civil Rights delivered on its promise to propose an update to the HIPAA Security Rule. Our Health Care and Privacy, Cyber & Data Strategy groups summarize key points from the new rule and…more

Compliance, Cybersecurity, Data Breach, Data Privacy, Data Security

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Brian Burton

NY DFS Unveils Consumer Protection Task Force, adds Former CFPB Deputy Director

A&B ABstract: Less than one month into the new year, New York’s Department of Financial Services (DFS) has taken strong measures to make good on its proclamation that “2020 must be the year of the consumer” by: (1) unveiling…more

Financial Services Industry, Governor Cuomo, NYDFS, State and Local Government

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Lauren Burton

Investment Management, Trading & Markets – Private Funds & Secondaries Bulletin – Q3 2022

Welcome to Alston & Bird’s quarterly update. In this issue, we share our key takeaways from our symposium on the rise of the GP-led market and single-asset deals. INSIGHT: GP-LED MARKET AND SINGLE-ASSET DEALS - This…more

Financial Services Industry, Fund Managers, Investment Adviser, Investment Management, Private Funds

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Jennifer Butler

Alston & Bird Healthcare Week in Review

Below is Alston & Bird’s Healthcare Week in Review, which provides a synopsis of the latest news in healthcare regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and…more

Food and Drug Administration (FDA), Health Care Providers, SAMHSA, World Health Organization

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Kayla Hardimon Butler

DEI on Campus: These Invitations Claim Rigorous Hope

How can colleges and universities respond to the U.S. Supreme Court’s Students for Fair Admissions decision? Alston & Bird and Huron Consulting offer strategies institutions can use to retain their diversity, equity, and…more

College Admissions, Colleges, Department of Education, Department of Justice (DOJ), Diversity

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George Cahill

Opportunistic Credit Default Swap Strategies in the Crosshairs: SEC Finalizes Rule 9j-1

The Dodd–Frank Act continues to spawn new rules more than a decade after its passage. Our Financial Services & Products Group reviews a rule finalized 10 years after its proposal that protects security-based swaps from fraud and…more

Dodd-Frank, Financial Services Industry, Regulatory Oversight, Rulemaking Process, Securities and Exchange Commission (SEC)

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Gidon Caine

Is the Standard Negligence or Intent? Supreme Court to Address Circuit Split on Section 14(e) Claims

On January 4, 2019, the Supreme Court of the United States granted certiorari and agreed to hear a challenge by Emulex Corporation to a 2018 Ninth Circuit ruling regarding the scope of liability under Section 14(e) of the…more

Certiorari, Mergers, Negligence, SCOTUS, Securities Exchange Act

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Clark Calhoun

Chevron Overruled - What Are the Tax Implications?

Our Tax Group reviews how the U.S. Supreme Court’s ruling in Loper Bright that overturned many decades of the Chevron doctrine will affect federal and state taxes…more

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

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David Caplan

Proposed Amendment to California Consumer Privacy Act Would Expand Private Right of Action

On February 25, California’s Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced new legislation to amend the California Consumer Privacy Act (CCPA). The CCPA as currently enacted establishes a private…more

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

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Jeffrey Carlin

Land Use Matters February 2025 | CEQA Appellate Decisions & Other Legal Developments

Los Angeles County - Executive Order Streamlines Path to Rebuild Homes, Businesses, and Communities Destroyed by Los Angeles Firestorms - In response to the multiple firestorms in Los Angeles County that started on January 7,…more

Appeals, California, CARB, CEQA, Coastal Real Estate

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Nicki Carlsen

Will Increasing Housing Density in Single-Family Neighborhoods Help Solve California’s Housing Crisis?

Now that Senate Bills 9 and 10 have been signed into law, California has taken away a measure of control over affordable housing from local jurisdictions. Our Environment, Land Use & Natural Resources Group investigates the…more

Affordable Housing, California, Governor Newsom, Homeless Issues, Housing Market

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Erik Carlson

Intellectual Property Litigation Newsletter | April 2025

Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that written description is required for a preamble, labor or…more

Claim Construction, Intellectual Property Litigation, Inventors, Patent Invalidity, Patent Litigation

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David Carpenter

California Imposes Restrictions on Arbitration Clauses in Consumer Agreements

What happens in California, stays in California. Our Class Action Team examines a new California law that keeps California consumers’ arbitration proceedings in California…more

Arbitration, Arbitration Agreements, California, Compliance, Consumer Contracts

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William Carpenter

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Brendan Carroll

Public Health Emergency Set to End May 11, 2023: What It Means for FDA-Regulated Firms and Products

The coming end to the COVID-19 public health emergency doesn’t mean the end of all FDA authorities exercised during the pandemic. Our FDA/Food, Drug & Device Team explores what will happen to the FDA’s emergency use…more

Coronavirus/COVID-19, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Medical Devices, Public Health Emergency

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Katherine Carter

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Edward Casey

Land Use Matters: December 2021

Los Angeles Department of City Planning - New City Planning Application Fees Take Effect on December 27, 2021 - In the fall, the Los Angeles City Council approved a comprehensive update to the Department of City Planning’s…more

California, CEQA, City Planning Departments, Community Development, Environmental Impact Report (EIR)

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Lisa Cassilly

Certain FFCRA Paid Sick Leave Regulations Struck Down by New York Federal Court

A federal judge has thrown a wrench into the Department of Labor’s implementation of a key component of the government’s response to the coronavirus pandemic. Our Labor & Employment Group examines how the court struck down four…more

Coronavirus/COVID-19, Department of Labor (DOL), EPSLA, Families First Coronavirus Response Act (FFCRA), Health Care Providers

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Tara Castillo

New SEC Rule 192: Prohibition Against Conflicts of Interest in Certain Securitizations

Our Finance Group summarizes the Securities and Exchange Commission’s finalized Rule 192 that prohibits conflicts of interest among participants in asset-backed securitizations. - The Dodd–Frank Act prohibits conflicts of…more

Asset-Backed Securities, Conflicts of Interest, Dodd-Frank, Proposed Rules, Regulatory Agenda

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Gerard Catalanello

Structured Finance Spectrum – July 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. Guest edited by our London team, this edition focuses on the opportunities that come from stressed…more

Banking Sector, Capital Markets, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Financial Institutions

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Stephen Cerniglia

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Abigail Cessna

FTC Advances Significant Changes to Premerger Notification Process: Change of Administration Adds New Uncertainty

At long last, the Federal Trade Commission has approved a final rule to expand the pre-merger filling requirements under the Hart-Scott-Rodino (HSR) Act. Our Antitrust and Mergers & Acquisitions teams weigh in…more

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

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F. Nicholas Chandler

The Impact of President Trump’s DEI Executive Orders on Private-Sector

Our Labor & Employment Team discusses how President Trump’s recent Executive Orders on diversity, equity, and inclusion (DEI) initiatives and programs will impact employers in the private sector…more

Affirmative Action, Civil Rights Act, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Mary Chandler Beam

Food & Beverage Digest – Spring 2024: Juicier Than Ever

In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real cheese…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food and Drug Administration (FDA)

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Sue Chang

Structured Finance Spectrum – July 2020

Diverse talents bring diverse ideas. Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. …more

Aviation Industry, Coronavirus/COVID-19, Diversity, Due Diligence, Mortgage-Backed Securities

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Steven Chen

SEC Cracks Down on Individuals and Entities for Failure to Timely File Beneficial Ownership and Insider Trading Reports

Our Securities Group weighs in on the settlement by the Securities and Exchange Commission with 23 separate entities and individuals for alleged violations involving the failure to timely report ownership information…more

Beneficial Owner, Business Entities, Business Ownership, Enforcement Actions, Reporting Requirements

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Russell Chiappetta

Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Nicholas Choi

Patent Case Summaries - July 2023 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Anna Chong

DOJ Antitrust Division Considers Changing Its Bank Merger Review Guidelines

Banking has evolved over the quarter century since the Department of Justice Antitrust Division released its 1995 Bank Merger Competitive Review Guidelines. Our Financial Services & Products and Antitrust groups explain what you…more

Antitrust Division, Banking Sector, Department of Justice (DOJ), Merger Reviews, Mergers

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Greg Christianson

Parties Seeking to Overturn Superfund PFAS Rule Explain Bases of Their Challenge

Our Environment, Land Use & Natural Resources Group unpacks a court challenge to the Superfund PFAS rule by the Environmental Protection Agency (EPA)…more

CERCLA, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Ha Chung

Land Use Matters: April 2021

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters and new CEQA appellate decisions…more

California, CEQA, City Councils, City of Los Angeles, City Planning Departments

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Lindsay Church

Patent Case Summaries - September 2022 #3

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Arianna Clark

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Elizabeth Gingold Clark

The Fourth Circuit Joins the Ninth Circuit in Curtailing Plaintiffs’ Use of Short Seller Reports to Plead Federal Securities Claims

Our Securities Litigation Group examines the Fourth Circuit decision to limit plaintiffs’ use of short seller reports to plead federal securities claims…more

Appeals, Appellate Courts, Loss Causation, Motion to Dismiss, Publicly-Traded Companies

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Andrew Claytor

Green Book Previews Biden Administration’s Opening Offer in 2025 Tax Reform Debate

Our Federal & International Tax Group covers notable business and individual tax proposals revealed by the Biden Administration in this year’s Green Book…more

Biden Administration, Business Taxes, Corporate Taxes, Excise Tax, Green Book

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Brendan Clegg

Federal Bank Regulators Set Out Regulatory Roadmap for Crypto-Assets

Our Financial Services & Products Group investigates the federal banking regulators’ roadmap for crypto-asset regulation in 2022 and a new OCC procedure national banks must comply with to conduct crypto-asset activities…more

Cryptoassets, Cryptocurrency, FDIC, Federal Bank Regulatory Agencies, OCC

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Gillian Clow

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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John Coalson Jr.

Supreme Court Issues First Unclaimed Property Opinion in 30 Years

The U.S. Supreme Court released its long-awaited decision in the MoneyGram case pitting 30 states against Delaware. Our Unclaimed Property Team breaks down the decision and how it could affect holders in the future…more

Jurisdiction, Money Orders, Moneygram, SCOTUS, Unclaimed Property

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Brett Coburn

The Impact of President Trump’s DEI Executive Orders on Private-Sector

Our Labor & Employment Team discusses how President Trump’s recent Executive Orders on diversity, equity, and inclusion (DEI) initiatives and programs will impact employers in the private sector…more

Affirmative Action, Civil Rights Act, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Evan Collier

Look Ahead to the Week of April 7: Will the House Pass the Senate Budget Resolution?

Both chambers are in session this week. Last week, President Trump announced larger-than-anticipated tariffs, including a 10% “baseline” tariff on goods imported from all countries and “discounted reciprocal” tariffs on…more

Budget Reconciliation, Canada, China, Federal Budget, International Trade

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Adrielle Conner

Eleventh Circuit Holds Risk of Future Harm Does Not Establish Article III Standing

As part of a growing trend, the Eleventh Circuit recently held that an alleged risk of future identity theft does not establish standing where the plaintiff does not allege any information has actually been misused. Tsao v…more

Article III, Corporate Counsel, Data Breach, Hackers, Identity Theft

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Dennis Connolly

Wellness: Is Consent the Cure?

In Wellness Int’l Network Ltd. v. Sharif, the U.S. Supreme Court has added another piece of the puzzle needed to resolve the long-discussed issue of bankruptcy court authority. This issue stems from the structure of the…more

Article I, Article III, Bankruptcy Code, Bankruptcy Reform, Consent

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Julia Consoli-Tiensvold

Land Use Matters: December 2021

Los Angeles Department of City Planning - New City Planning Application Fees Take Effect on December 27, 2021 - In the fall, the Los Angeles City Council approved a comprehensive update to the Department of City Planning’s…more

California, CEQA, City Planning Departments, Community Development, Environmental Impact Report (EIR)

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Timothy Cordova

Potential Medicare Physician Fee Schedule Reform in the Last Weeks of the 118th Congress

A flurry of bills to reform the Medicare Physician Fee Schedule (PFS) faces the lame duck Congress. Our Health Care Group investigates how those reforms could take shape and which, if any, could find their way through the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Lame Duck Session, Legislative Agendas

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Kathleen Cornett

Supreme Court Issues First Unclaimed Property Opinion in 30 Years

The U.S. Supreme Court released its long-awaited decision in the MoneyGram case pitting 30 states against Delaware. Our Unclaimed Property Team breaks down the decision and how it could affect holders in the future…more

Jurisdiction, Money Orders, Moneygram, SCOTUS, Unclaimed Property

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Peter Cornick

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Emily Seymour Costin

Declaration of Independence: Preserving the Role of the Independent Fiduciary Post-Dudenhoeffer

In the wake of Fifth Third v. Dudenhoeffer, a complaint that seeks to hold an ERISA fiduciary liable for failing to divest a plan of employer stock based solely upon publicly available information fails to state a plausible…more

Duty of Loyalty, Duty of Prudence, Employee Retirement Income Security Act (ERISA), ESOP, Fiduciary Duty

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Pamela Holland Councill

The State of Incorporation Is the TC Heartland of the Matter

In what is perhaps one of the most highly anticipated U.S. Supreme Court patent law decisions since Alice Corp. v. CLS Bank Int’l, the Supreme Court held on May 22 that, for purposes of venue in patent cases, a defendant…more

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

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Charles Cox

Class Action & MDL Roundup – Fall 2020

Welcome to the fall edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the third quarter of 2020. In this edition, cosmetics get reused, garbage stinks to high heaven (at least New…more

Antitrust Litigation, Arbitration, Class Action, Class Certification, Discrimination

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Sean Crain

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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Shanell Cramer

Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Thomas Crocker

International Trade & Regulatory Advisory: Cuba Update: Latest Changes Signal Expansion of Business Opportunities

On January 26, 2016, as part of the Obama Administration’s ongoing efforts to normalize relations with Cuba, the Department of Commerce, Bureau of Industry and Security (BIS) and the Department of Treasury, Office of Foreign…more

Bureau of Industry and Security (BIS), Cuban Assets Control Regulations (CACR), Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC), Trade Relations

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R. Blake Crohan

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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James Croker Jr.

IRS Provides Partnerships a Mechanism to Claim Benefit of Retroactive CARES Act Provisions

Our Federal Tax Group explains new IRS relief that permits partnerships to file amended returns for their 2018 and 2019 taxable years to claim the benefit of retroactive provisions in the Coronavirus Aid, Relief, and Economic…more

CARES Act, IRS, Revenue Procedures

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Jasper Cummings Jr.

Supreme Court Holding Adds Complexity to Estate Planning

Keeping it in the family just got more complicated. Our Tax Group studies a Supreme Court decision that left a family with an unexpected estate tax liability related to a share redemption agreement…more

C-Corporation, Connelly v United States, Estate Planning, Estate Tax, Fair Market Value

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Aimee Cummo

Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Jason Cygielman

Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Jacqueline D'Aniello

Sustainability Spotlight - Q2 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Diversity

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Madeline Daniel

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Robert Davidson

Investment Management, Trading & Markets – Private Funds & Secondaries Bulletin – Q1 2022

Welcome to Alston & Bird’s fourth quarterly update. In this issue, we share insights on the rise of the GP capital market and provide a secondaries market snapshot…more

Capital Investments, Capital Markets, Financial Services Industry, General Partner, Investment Management

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Cari Dawson

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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Isabelle De Smedt

Pause and Effect: The Trump Administration Takes Aim at the FCPA

Our White Collar, Government & Internal Investigations Team examines the impact of President Trump’s Executive Order pausing enforcement of the Foreign Corrupt Practices Act and identifies some key considerations and takeaways…more

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

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Ashley De Vance

Class Action & MDL Roundup – Q1 2022

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2022. In this edition, COVID cases are still endemic for insurance companies, kids’ contracts are voidable…more

Biometric Information, Class Action, Class Certification, Class Members, Corporate Counsel

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Michael Deane

Patent Case Summaries - February 2021 #2

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Lee Deneen

Eleventh Circuit Holds Arbitrators Have Venue-Setting Authority in International Arbitrations

In an international arbitration, when an arbitration provision is ambiguous about the seat of the arbitration, who resolves the question? The Eleventh Circuit held last week that interpretation of a venue provision is the…more

Arbitration, Arbitration Awards, Arbitrators, Breach of Contract, Federal Arbitration Act

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Maki DePalo

FTC Publishes Amendments to COPPA Rule

On April 22, 2025, the Federal Trade Commission (FTC) published the finalized amendments (Amendments) to the Children’s Online Privacy Protection Rule (COPPA Rule) that would impose additional restrictions on website and online…more

Biometric Information, COPPA, Corporate Counsel, Data Privacy, Data Security

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Joshua Dhyani

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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MacKenzie Dickerman

CMS Announces Expansion of Medicare’s Accelerated and Advance Payment Program

Our Health Care Group highlights how the Centers for Medicare & Medicaid Services (CMS) has expanded the Accelerated and Advance Payment Program to respond to the coronavirus (COVID-19) pandemic…more

Accelerated Payments, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers

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Derin Dickerson

Sea Change: Diversity, Equity, and Inclusion in Higher Education After Supreme Court Strikes Down Affirmative Action

The Supreme Court’s decision to strike down affirmative action will spur more challenges to educational institutions’ policies beyond admissions. Our Education Team discusses race conscious admissions prior to the Court’s…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

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Jeffrey Dintzer

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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John Doherty

A Big Win for Servicers, Trustees, and Certificate Administrators Safeguarding Their Right to Indemnification from a CMBS Trust

The Commercial Mortgage Alert article “Master Servicer Wins Clawback Case” covered a summary judgment ruling in two related Minnesota trust instruction proceedings that have broad implications for the CMBS industry. Our…more

Asset Management, Commercial Mortgages, Loan Servicer, Trustees, Trusts

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Troy Doll

Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Katie Donald

Patent Case Summaries - February 2021 #2

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Martha Doty

Pre-Hire Personality Tests Set Legal Challenges for Employers

Alston & Bird’s Anna Saraie and Martha Doty analyze pre-hire personality testing, including the legal and practical considerations for employers incorporating such testing into their application processes. Whether employees are…more

Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Employer Liability Issues, Employment Discrimination

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Duncan Douglass

CFPB Finalizes Open Banking Rule on Consumer Financial Data Rights

Our Financial Services Group unpacks the Consumer Financial Protection Bureau’s final rule on consumer financial data rights under Section 1033 of the Dodd–Frank Act…more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Depository Institutions

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Nilofer Maricar Dowden

President Trump’s New Executive Orders on Immigration

President Trump wasted no time sweeping his campaign objectives on immigration into motion. Our Immigration Team breaks down the impact of his Executive Orders on immigration policy, the people who fall under those policies, and…more

Article II, Asylum, Border Security, Citizenship, Constitutional Challenges

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Matthew L.J.D. Dowell

False Claims Act FY 2024 Update: Increase in Overall Recoveries, Decrease in Whistleblower Awards – Constitutional Questions Abound in FY 2025

Our False Claims Act Team highlights key FCA enforcement trends in 2024, including the continued focus on health care fraud by the Department of Justice (DOJ)…more

Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors, Healthcare Fraud

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Michelle Dowst

Where Does Student Debt Relief Go After the Supreme Court Struck Down Biden’s Debt Cancellation Plan?

The Biden Administration is scrambling to find a new way to provide relief to the nearly 43 million people who borrowed $430 billion in student loans. Our Education Team breaks down the Supreme Court’s ruling and questions how…more

Biden Administration, Borrowers, Debt Relief, Department of Education, Department of Education v Brown

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Martin Dozier

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Reagan Drake

Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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Daniel Dubin

Department of Labor’s Temporary Policy Allows Voluntary Escheatment of Certain Retirement Benefits

In this article, the authors delve into the Department of Labor’s temporary ERISA enforcement policy for unclaimed retirement benefit payments of $1,000 or less. The Department of Labor (DOL) has announced a temporary…more

401k, Beneficiaries, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Elizabeth Dunn

Biden Competition Order May Influence Bank Merger Approvals

Our Financial Services & Products and Antitrust Groups examine the Biden Administration’s call to revitalize oversight of bank consolidations and what it means for smaller banks’ ability to compete against their larger…more

Banking Sector, Banks, Biden Administration, Competition, Executive Orders

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Thomas Dunn

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Matthew Durfee

Class Action & MDL Roundup – Q4 2021

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2021. In this edition, the Seventh Circuit shorts out an FCRA suit, a plaintiff just … gives up, and…more

Arbitration, Class Action, Class Certification, Cryptocurrency, Fair Credit Reporting Act (FCRA)

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Kellen Dwyer

The D.C. Circuit’s TikTok Decision Could Portend Greater Regulation of Chinese-Owned Apps

On December 6, 2024, the United States Court of Appeals for the D.C. Circuit upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (“Act”). The Act, signed into law by…more

Biden Administration, China, Data Collection, First Amendment, Mobile Apps

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Patrick Eagan-Van Meter

CFPB Issues Special Edition of Supervisory Highlights Focusing on Junk Fees

A&B ABstract: In the 29nd edition of its Supervisory Highlights, the Consumer Financial Protection Bureau (“CFPB”) focused on the impact of so-called “junk” fees in the mortgage servicing, auto servicing, and student loan…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Dodd-Frank, Fees

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Baili Ebinger

Structured Finance Spectrum - Summer 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures…more

Asset Management, Blockchain, Capital Markets, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Erin Edwards

Ninth Circuit Addresses Personal Jurisdiction Based on E-Commerce Data Collection in En Banc Decision

A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal…more

Appeals, California, Class Action, Cookies, Data Collection

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Jonathan Edwards

IntegraMed and Assignability of Management Services Agreements in Bankruptcy

Our Finance and Financial Restructuring & Reorganization Groups discuss how a recent ruling in the Chapter 7 bankruptcy of a health care management services organization could affect the availability of credit, valuations, and…more

Bankruptcy Court, Chapter 7, Lenders, Private Equity

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Jordan Webber Edwards

Structured Finance Spectrum - July 2018

REGULATORY REPORT – FASB’s New Current Expected Credit Loss Model - Sharpen your pencils and put on your green eyeshades – the Financial Accounting Standards Board is making major changes to the credit loss accounting model…more

Banks, Financial Institutions, Investors, Loans, RMBS

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Christina Hull Eikhoff

Pennsylvania Court Invalidates Statewide Pandemic Restrictions

A&B ABstract: In County of Butler v. Wolf, a federal court in Pennsylvania struck down as unconstitutional key aspects of the Pennsylvania Governor’s COVID-19 Emergency Order: limitations on the size of indoor gatherings and…more

Coronavirus/COVID-19, Emergency Orders, First Amendment, Fourteenth Amendment, Public Gatherings

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Caroline Eisner

CFPB Issues Special Edition of Supervisory Highlights Focusing on Junk Fees

A&B ABstract: In the 29nd edition of its Supervisory Highlights, the Consumer Financial Protection Bureau (“CFPB”) focused on the impact of so-called “junk” fees in the mortgage servicing, auto servicing, and student loan…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Dodd-Frank, Fees

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Scott Elder

How Will Supreme Court’s New Decision on Personal Jurisdiction Impact Manufacturers?

Defendants and lower courts hoping for clarity about personal jurisdiction were disappointed by the U.S. Supreme Court last month. Our Products Liability and Litigation Groups examine a new decision whose ambiguity could invite…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Bandemer, Ford Motor Co. v Montana Eighth Judicial District Court

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Sarah Ernst

Health Care Week in Review: CMS Released Initial IRA Drug Price Negotiation Guidance

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Food and Drug Administration (FDA)

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Ashley Escoe

2022’s Unwelcome Trend of Lawsuits Challenging Website Technology Is Here to Stay

Nearly every website has some means of tracking user data to fix bugs and improve the user experience. The plaintiffs’ bar has been actively filing class actions alleging many of these technologies illegally collect user…more

CIPA, Data Collection, Technology, Web Tracking, Websites

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Tyler Espy

Patent Case Summaries | Week Ending March 14, 2025

CQV Co., Ltd. v. Merck Patent GmbH, No. 2023-1027 (Fed. Cir. (PTAB) Mar. 10, 2025). Opinion by Cunningham, joined by Chen and Mayer. CQV petitioned the Patent Trial and Appeal Board for post-grant review of a Merck patent…more

Appeals, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement, Patent Litigation

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Blake Estes

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Ryan Ethridge

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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James Evans Jr.

California Supreme Court Upholds Worker-Friendly Evidentiary Standard for Whistleblower Retaliation Suits

Our Labor & Employment Group reviews a California Supreme Court decision that makes it more difficult for employers to dispose of whistleblower retaliation claims. The case centers on the proper method for presenting and…more

CA Supreme Court, Discrimination, Evidentiary Standards, McDonnell Douglas Formula, Retaliation

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Thomas Evans

Food & Beverage Digest – July 2019

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases ranging from…more

Beverage Manufacturers, Class Action, Class Certification, Food Manufacturers, Labeling

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Jennifer Everett

New York Passes Health Privacy Law – Your Questions Answered

The New York State legislature passed the Health Information Privacy Act (“NYHIPA”) on January 22, 2025, marking the second state to introduce a comprehensive consumer health data law. If passed, the NYHIPA imposes more…more

Consumer Privacy Rights, Data Privacy, Data Protection, Electronic Protected Health Information (ePHI), Health Insurance Portability and Accountability Act (HIPAA)

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Syed Fahad Saghir A.S.A.

IRS Proposes Changes to 401(k) Catch-Up Contributions

Our Employee Benefits & Executive Compensation Group discusses what plan sponsors and fiduciaries need to know about the Internal Revenue Service’s proposed changes for employees 50 or older who make additional elective…more

401k, Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Executive Compensation

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Mia Falzarano

Class Action & MDL Roundup 2023 Q1 – We Don’t Discount Confidentiality

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2023. In this edition, in pork we antitrust, paid time off is not pay, and if it’s free, it won’t cost you…more

Antitrust Litigation, Arbitration Agreements, Class Action, Class Certification, Class Members

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Anthony Fanucci

FDA Resolves Semaglutide Shortage: Next Steps for Community Pharmacies, Telehealth Companies, and Other Providers

Now that the shortage of semaglutide injection products has been resolved, the Food and Drug Administration (FDA) will restrict third parties from compounding the drug. Our FDA/Food, Drug & Device and Health Care Groups have…more

Enforcement Actions, Food and Drug Administration (FDA), Health Care Providers, Health Insurance, Life Sciences

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Jonathan Fee

Night Note: The 1st 100 Days: How Were the First 100 Days for Trade?

As the Trump presidency’s first 100 days came to an end on April 29, some initial promises on trade were carried out (such as withdrawing from the TPP), and others were not (such as labeling China as a currency…more

Border Adjustment Taxes, Executive Orders, NAFTA, Trans-Pacific Partnership, Trump Administration

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Daniel Felz

To Delete or Not to Delete: Can 23andMe Really Sell Genetic Data Via Bankruptcy?

On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people. This has led to…more

23andMe, Bankruptcy Code, Chapter 11, Consumer Privacy Rights, Data Privacy

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J. Ravindra Fernando

Patent Case Summaries - September 2022 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Litigation, Patent Trial and Appeal Board, Patents

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Wevine Fidelis

Secure Data Disposal and Data Minimization

What data can companies collect, and how long can they keep it? Our Privacy, Cyber & Data Strategy Team outlines best practices for companies to comply with international, federal, and state laws and guidance to avoid litigation…more

California Privacy Rights Act (CPRA), Data Disposal Protocols, Data Management, Data Protection, Data Retention

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Thomas Finch

Patent Case Summaries | Week Ending September 15, 2023

Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Nos. 2021-2299, -2338 (Fed. Cir. (S.D. Cal.) Sept. 15, 2023). Opinion by Prost, joined by Reyna and Hughes. Columbia sued Seirus for infringement…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Gregg Fish

New Administration, New Enforcement Priorities

Three weeks into the Biden Administration, businesses must prepare for significant changes in regulatory and enforcement priorities. Our White Collar, Government & Internal Investigations Team summarizes the new Administration’s…more

Biden Administration, Big Tech, CARES Act, Department of Health and Human Services (HHS), Enforcement

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James Fisher

Who Calls the Shots with Trustees and Agents?

In the first article of our new series providing key reference points for trustees and agents seeking guidance on their rights and duties, Corporate Trust & Agency – Law and Practice, our Finance and Litigation Groups…more

Bonds, Financial Services Industry, Lenders, Noteholders, Trustees

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Timothy Fitzmaurice

The Fourth Circuit Joins the Ninth Circuit in Curtailing Plaintiffs’ Use of Short Seller Reports to Plead Federal Securities Claims

Our Securities Litigation Group examines the Fourth Circuit decision to limit plaintiffs’ use of short seller reports to plead federal securities claims…more

Appeals, Appellate Courts, Loss Causation, Motion to Dismiss, Publicly-Traded Companies

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Peter Floyd

The Far Unlit Unknown—The IRS Seeks to Define “Political Subdivision”

On February 23, 2016, the Internal Revenue Service (IRS) released proposed regulations providing guidance on the definition of a “political subdivision” under the tax-exempt bond rules. A public hearing is scheduled for June 6,…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Tax-Exempt Bonds

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Timothy Foley

SEC Raises More Red Flags over Broker-Dealer AML Compliance

The SEC’s thoughts on anti-money laundering cost more than a penny stock. Our Financial Services & Products Group examines a new risk alert from the Division of Examinations and what it means for future enforcement…more

Anti-Money Laundering, Broker-Dealer, Compliance, FinCEN, Penny Stocks

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Jonathan Forgang

Federal Reserve Revises Main Street Lending Program, Adds Third Option

Two loan options in the Main Street Lending Program simply weren’t enough to meet the purpose of the CARES Act, so the Fed created a third. Our Finance Group charts a course through all three and explains how the Fed has…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Lending Programs, Relief Measures

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Josh Fox

Help! My Business Wants to Start Using ChatGPT!

Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar “generative AI” tools in their operations. These requests can be urgent, with business clients demanding enablement…more

Algorithms, Artificial Intelligence, Corporate Counsel, Cybersecurity, Data Protection

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Irene Fraile

Class Action & MDL Roundup 2022 Q4 – A “Healthy” Dose of Litigation

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2022. In this edition, class actions gain an international flair, insurers have cures for COVID cases, and…more

Class Action, Class Certification, COPPA, Employee Retirement Income Security Act (ERISA), False Advertising

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Anna French

Structured Finance Spectrum – January 2020

New year … new market? Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. …more

Bankruptcy Code, Consumer Financial Protection Bureau (CFPB), Debtors, Fintech Charter, Leveraged Buyout

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Brian Frey

FinCEN Issues Geographic Targeting Order for U.S. Southwestern Border

Our Financial Services and White Collar, Government & Internal Investigations Groups unpack the Financial Crimes Enforcement Network’s new geographic targeting order aimed at combatting money laundering and other illegal…more

Anti-Money Laundering, Bank Secrecy Act, Compliance, Financial Services Industry, FinCEN

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Christopher "CJ" Frisina

Provider Relief Fund Reconsideration Requests Nixed by Debt Limit Deal

Our Health Care Team eyes the abrupt end of payments to health care providers under the Provider Relief Fund. HRSA will no longer process or complete reconsideration requests…more

Health Care Providers, HRSA, Provider Relief Fund, Reporting Requirements

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Leland Frost

Supreme Court Decision in PennEast Pipeline Co. v. New Jersey Is Major Win for Pipelines

The U.S. Supreme Court held that natural gas companies holding a Section 717f(e) certificate have the power to condemn state-owned land under the Natural Gas Act. Our Environment, Land Use & Natural Resources Group discusses the…more

Condemnation, Eminent Domain, Natural Gas Act, PennEast Pipeline Co. v New Jersey, SCOTUS

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Lauren Funk

Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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Jamie Furst

The Moving America Forward Act: If Passed, Will Result in Increased Opportunities for Infrastructure Work and Contracting With the Federal Government

Last month, the U.S. House of Representatives passed the Moving America Forward Act (H.R. 2). Its purpose is to invest in American infrastructure and to create jobs in the aftermath of the COVID-19 crisis. As of this posting the…more

Critical Infrastructure Sectors, Infrastructure, Job Creation

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Larry Gage

States May Be Looking to Balance Budgets on the Backs of Medicaid Health Plan Reserves

As state governments look for ways to cover their budgetary shortfalls, Medicaid managed care organizations (MCOs) are an attractive target for cash-strapped states because many MCOs have accumulated “Medicaid savings” through…more

Centers for Medicare & Medicaid Services (CMS), GAO, MCOs, Medicaid, OIG

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Meredith Gage

Major Changes Coming to the Qualified Professional Asset Manager Exemption

Our Employee Benefits & Executive Compensation and Investment Funds Teams break down the increased compliance requirements – and compliance costs – qualified professional asset managers (QPAMs) face under the Department of…more

Asset Management, Benefit Plan Sponsors, Compensation & Benefits, Compliance, Department of Labor (DOL)

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Mary Grace Gallagher

Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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Andrea Galvez

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Joseph Gambino

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Katherine Wheeler Gamsey

Food & Beverage Digest – March 2022

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, cocoa is not cacao, a motion to dismiss gets roasted, and a…more

Beverage Manufacturers, Food Labeling, Food Manufacturers, Food Marketing, Putative Class Actions

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Shawn Gannon

Patent Case Summaries | Week Ending January 31, 2025

Apple Inc., et al. v. Gesture Technology Partners, LLC, Nos. 2023-1501, -1554 (Fed. Cir. (PTAB) Jan. 27, 2025). Opinion by Dyk, joined by Lourie and Hughes…more

Inter Partes Review (IPR) Proceeding, Jurisdiction, Obviousness, Patent Infringement, Patent Invalidity

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Anoush Garakani

HUD Revises Borrower Residency Requirements for FHA-Insured Mortgages

What Happened? On March 26, 2025, the U.S. Department of Housing and Urban Development (HUD or the Department) issued Mortgagee Letter 2025-09 (ML 2025-09), which updates HUD’s residency requirements for borrower eligibility…more

Borrowers, Federal Housing Administration (FHA), Foreign Nationals, HUD, Immigration Procedures

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Graham Gardner

Flurry of FTC Action in the Final Days of the Khan FTC Precedes Transition to the Ferguson FTC

Our Consumer Protection/FTC and Antitrust Teams highlight a spate of activity by the Federal Trade Commission (FTC) in its final days under the leadership of Lina Khan and offers a preview of what’s to come with Andrew Ferguson…more

Antitrust Violations, Consumer Protection Laws, COPPA, Data Privacy, Data Security

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Jonathan Garforth

The UK Introduces a New Reimbursement and Compliance Monitoring Regime for Authorised Push Payment Scams

Our UK Financial Services Group examine the UK’s new mandatory reimbursement rules that will require payment service providers (PSPs) to reimburse victims of scam transactions…more

Bank of England, Compliance, Compliance Monitoring, Financial Services Industry, Payment Systems

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Andrew Garner Phillips

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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Dennis Garris

[Event] 2022 Proxy Season Outlook Seminar - November 18th, Atlanta, GA

Alston & Bird will host this live seminar from our Atlanta office in addition to a live webcast. Learn about key developments and issues facing companies and investors and what you need to do to prepare for the 2022 proxy…more

Board of Directors, CD&A, Continuing Legal Education, Corporate Counsel, Corporate Governance

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Matthew Gauthier

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Laura Gavioli

IRS Prioritizes Enforcement Against High-Wealth Taxpayers in the Inflation Reduction Act Strategic Operating Plan

The Inflation Reduction Act Strategic Operating Plan, released last week by the Internal Revenue Service, envisions a future of increased audits and penalties for family offices, high-wealth individuals, large partnerships, and…more

Audits, Enforcement, Inflation Reduction Act (IRA), IRS, Penalties

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Christopher Gegg

USPTO Announces Additional Limited Extensions Due to the COVID-19 Pandemic

Our Intellectual Property Group explains the recent USPTO notice regarding available extensions of time for certain applicants and deadlines due to the coronavirus (COVID-19) pandemic. - Limited to certain actions and…more

Coronavirus/COVID-19, Deadlines, Filing Deadlines, Patent Applications, Patents

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Karen Gelernt

Ginnie Mae Extends PTAP/C19 Assistance to Multifamily MBS Program

Our Finance Group discusses expansion of the Ginnie Mae Pass-Through Assistance Program to multifamily mortgage-backed securities issuers. How often and how a multifamily MBS issuer makes a request for assistance…more

Coronavirus/COVID-19, Ginnie Mae, Mortgage-Backed Securities

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Patrick Gennardo

New York’s Regulation 187: What Insurers Need to Know Come August 1, 2019

New York’s amendment to Regulation 187 has gone into effect, more than a year after it was first proposed. Our Insurance Litigation & Regulation Group investigates the changes to the original amendment and how they affect the…more

Financial Services Industry, Insurance Industry, Life Insurance, NYDFS, Proposed Amendments

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Jamie George

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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John Gerl

Financial Services & Products Advisory: Federal Reserve Releases Guidance on Shareholder Protection Arrangements

On December 3, 2015, the Board of Governors of the Federal Reserve System released Supervision and Regulation Letter 15-15, “Supervisory Concerns Related to Shareholder Protection Arrangements” (SR 15-15), offering guidance…more

Bank Holding Company, Dodd-Frank, Federal Reserve, Shareholder Protection Agreements

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Paruyr Ghazaryan

Additional GSA Webinar Guidance for Section 889 Part B Implementation Delayed to September 10, 2020

The Alston & Bird Government Contracts team has been closely following developments in the implementation of Section 889 of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”), and particularly Section 889 Part B,…more

Department of Defense (DOD), Federal Acquisition Regulations (FAR), General Services Administration (GSA), NDAA

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Ashley Gillihan

New Year Brings New Tri-Agency FAQs About Gag Clause Prohibitions and Attestations, No Surprises Act

Our Employee Benefits & Executive Compensation Group discusses new guidance for group health plans and insurers on complying with federal gag clause prohibitions and No Surprises Act requirements…more

Attestation Requirements, Data Privacy, Department of Labor (DOL), Employee Benefits, Employer Group Health Plans

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Dorothy Giobbe

New York State Proposes Consumer Protection Reforms through FAIR Business Practices Act

What Happened? On March 13, New York state legislators introduced new legislation called the Fostering Affordability and Integrity Through Reasonable (FAIR) Business Practices Act. The bill, supported by New York Attorney…more

Civil Monetary Penalty, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Enforcement Actions, New Legislation

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Michael Giovannini

Department of Labor’s Temporary Policy Allows Voluntary Escheatment of Certain Retirement Benefits

In this article, the authors delve into the Department of Labor’s temporary ERISA enforcement policy for unclaimed retirement benefit payments of $1,000 or less. The Department of Labor (DOL) has announced a temporary…more

401k, Beneficiaries, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Zachry Gladney

INSIGHT: ‘Wayfair’: What Are the Practical Retroactivity Concerns?

What is the practical risk that states would take in applying Wayfair retroactively? And should taxpayers rush to limit exposure for historical periods by entering into voluntary disclosure agreements with states that might…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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Evan Glasner

DOJ Issues Third Iteration of Its Corporate Compliance Guidance

The Department of Justice revised its corporate compliance guidance for the third time in three years. Our White Collar, Government & Internal Investigations Team breaks down the key updates and offers insight to the DOJ’s…more

Compliance, Corporate Counsel, Department of Justice (DOJ), Due Diligence

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Michele Glessner

Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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Keevana Glossin

One Step Back and One Step Forward for Health Care Deals in California

Private equity groups looking to invest in California’s health care industry breathed a sigh of relief when the governor vetoed California’s AB 3129. Our Health Care Group explains why health care transactions in the state still…more

California, Governor Newsom, Governor Vetoes, Healthcare, Healthcare Facilities

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Evan Glustrom

Lorenzo v. SEC: The Supreme Court Rules on Scheme Liability Under the Federal Securities Laws

In what has come to be known as the “Copy-Paste Fraud,” the Supreme Court held on March 27, 2019 that an individual who knowingly disseminates false and misleading information to prospective investors with the intent to defraud…more

Appeals, Enforcement Actions, False Statements, Fines, Intent to Defraud

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David Godofsky F.S.A.

The Real Reasons You Should Use Roth 401(k) or a Roth IRA

Roth 401(k) can be a powerful option for your employees to save for retirement, but not for the reasons that are most often cited. This article explains why your 401(k) plan should have a Roth option, and why some of your…more

401k, Individual Retirement Account (IRA), Popular, Retirement Plan, Roth IRA

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Danielle Kerker Goldstein

Food & Beverage Digest – May 2023: Entering Motions With Eyes Wide Open

In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff steals our bit, too much information makes the court…more

Advertising, Beverage Manufacturers, Class Action, False Advertising, Food Labeling

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Terance Gonsalves

How College Legal Departments Can Prepare for Changes in Student-Athletes’ Employment Status

Our Education Group discusses how college and university legal counsel can track and prepare for changes in student-athletes’ employment status…more

Educational Institutions, Employee Rights, Employment Litigation, Employment Policies, Fair Labor Standards Act (FLSA)

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Jason Goode

Deadline for Reg BI and Form CRS Compliance Remains on Track

Our Financial Services & Products Group reports on the Securities and Exchange Commission’s decision not to grant an extension for complying with Regulation Best Interest and Form CRS despite the coronavirus pandemic. -…more

Deadlines, Filing Deadlines, Form CRS, Regulation BI, Securities and Exchange Commission (SEC)

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Meaghan Goodwin Boyd

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Ronnie Gosselin

PIP (3:1) Rule Downstream Notification Requirements Now Effective – What’s Next?

Our Environment, Land Use & Natural Resources Group breaks down the Environmental Protection Agency’s update to the PIP (3:1) Rule and how it affects even those companies enjoying the EPA’s no-action assurance from earlier this…more

Chemicals, Environmental Protection Agency (EPA), Notification Requirements, Recordkeeping Requirements, Toxic Substances Control Act (TSCA)

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Maya Lopez Grasse

Land Use Matters February 2025 | CEQA Appellate Decisions & Other Legal Developments

Los Angeles County - Executive Order Streamlines Path to Rebuild Homes, Businesses, and Communities Destroyed by Los Angeles Firestorms - In response to the multiple firestorms in Los Angeles County that started on January 7,…more

Appeals, California, CARB, CEQA, Coastal Real Estate

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Mathew Gray

Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Paul Greaves

European Commission Moves to Extend Free Flows of Personal Data to the UK

On March 18, 2025, the European Commission proposed to extend its adequacy decision in favor of the United Kingdom (‘UK’) for an additional six-month period. This would allow free flows of personal data from the EU to the UK to…more

Data Privacy, Data Protection, EU, European Commission, European Data Protection Board (EDPB)

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Lara Greenberg

Structured Finance Spectrum – January 2021

Moving on from 2020 and building up for 2021. Read our Structured Finance Spectrum, covering safe harbors & remedies, CLOs & QMs, and passive & ESG investing, among other hot-topic issues in the structured finance markets in the…more

Bankruptcy Code, Debt Collection, Debtors, Environmental Social & Governance (ESG), Financial Institutions

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Joyce Gresko

To Delete or Not to Delete: Can 23andMe Really Sell Genetic Data Via Bankruptcy?

On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people. This has led to…more

23andMe, Bankruptcy Code, Chapter 11, Consumer Privacy Rights, Data Privacy

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Richard Grice

Regional & Community Banking - February 2019

The TCPA: Who Will Dictate Its Reach – the FCC or the Courts? Telephone Consumer Protection Act (TCPA) litigation has hit the federal courts in a tidal wave of class action claims with almost unlimited financial exposure…more

Acquisitions, Anti-Money Laundering, Automatic Stay, Bank Secrecy Act, Banking Sector

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Lauren Griffin

Patent Case Summaries | Week Ending January 24, 2025

Steuben Foods, Inc. v. Shibuya Hoppmann Corp., et al., No. 2023-1790 (Fed. Cir. (D. Del.) Jan. 24, 2024). Opinion by Moore, joined by Hughes and Cunningham. Steuben sued Shibuya for infringement of three patents relating to…more

Appeals, Claim Construction, Damages, Intellectual Property Litigation, Noninfringement

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Kerri-Ann Griggs

Court Reinstates TPS for Venezuelans During Pendency of Court Proceedings

Our Immigration Team explores a federal court order that halts the Trump Administration’s move to end temporary protected status (TPS) for Venezuelans in the United States…more

Appeals, Biden Administration, Department of Homeland Security (DHS), Filing Deadlines, Immigration Procedures

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Sara Pullen Guercio

To Delete or Not to Delete: Can 23andMe Really Sell Genetic Data Via Bankruptcy?

On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people. This has led to…more

23andMe, Bankruptcy Code, Chapter 11, Consumer Privacy Rights, Data Privacy

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Trenton Hafley

NIL Collectives: Don’t Be Blindsided by an IRS Challenge

If the IRS challenges the tax-exempt status of a name, image, and likeness (NIL) collective, the collective must understand how best to respond. Our Federal Tax Group details what NIL collectives need to know to make the cut…more

Audits, IRS, Name and Likeness, NCAA, Private Letter Rulings

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Kelly Hagedorn

UK Government Publishes Cyber Governance Code of Practice for Boards and Directors

On April 8, 2025, the UK government published the Cyber Code of Practice (the “Code”) to support board directors in governing cybersecurity risks. The Code is available online. The UK’s data protection regulator is actively…more

Board of Directors, Compliance, Corporate Governance, Cyber Attacks, Cybersecurity

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Paul Michael Haley

Patent Case Summaries | Week Ending December 13, 2024

DDR Holdings, LLC v. Priceline.com LLC, et al., Nos. 2023-1176, -1177 (Fed. Cir. (D. Del.) Dec. 9, 2024). Opinion by Chen, joined by Mayer and Cunningham…more

Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Gloria Han

Federal Banking Agencies Announce Intent to Rescind 2023 Community Reinvestment Act Final Rule and Return to Prior Framework

What Happened? The Federal Deposit Insurance Corporation (“FDIC”), Board of Governors of the Federal Reserve System (“Federal Reserve”) and the Office of the Comptroller of the Currency (“OCC”), (collectively, “federal banking…more

Banks, Community Reinvestment Act, FDIC, Federal Reserve, Final Rules

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Patrick Hanchey

Federal Banking Agencies Announce Intent to Rescind 2023 Community Reinvestment Act Final Rule and Return to Prior Framework

What Happened? The Federal Deposit Insurance Corporation (“FDIC”), Board of Governors of the Federal Reserve System (“Federal Reserve”) and the Office of the Comptroller of the Currency (“OCC”), (collectively, “federal banking…more

Banks, Community Reinvestment Act, FDIC, Federal Reserve, Final Rules

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Katherine Doty Hanniford

Congress Seeks Comments on Comprehensive Federal Data Privacy Law

Since the first comprehensive state data privacy law went into effect in California in 2020, 18 other states have enacted comprehensive data privacy laws, with 14 others currently moving through their respective state…more

Artificial Intelligence, Data Privacy, Data Protection, Data Security, Machine Learning

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John Hanover

Milestone Changes Made to Davis–Bacon Prevailing Wage Requirements

Our Labor & Employment and Construction Groups investigate the Department of Labor’s redefinition of “prevailing wage” for the first time since the Reagan Administration…more

Davis-Bacon Act, Department of Labor (DOL), Federal Contractors, Prevailing Wages, Wage and Hour

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William Hao

Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Zain Haq

Emergence of Medusa Ransomware

On March 12, 2025, the Cybersecurity and Infrastructure Security Agency (CISA), in collaboration with the Federal Bureau of Investigation (FBI) and the Multi-State Information Sharing and Analysis Center (MS-ISAC), issued a…more

Cyber Attacks, Cyber Threats, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach

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John Harden

IRS Releases New Section 83(b) Election Form

Our Federal Tax Group explains the new standardized Form 15620 that taxpayers can use when receiving property that is subject to a “substantial risk of forfeiture.”…more

Capital Gains, Income Taxes, Internal Revenue Code (IRC), IRC Section 83(b), IRS

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Bradley Harder

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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Bennett Hardymon

New Initiatives Benefiting Small Businesses at the U.S. Patent and Trademark Office

Our Intellectual Property Group reviews how a summer rule change from the Small Business Administration dovetails with the newly enacted Unleashing American Innovators Act…more

Corporate Counsel, SBA, Small Business, USPTO

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Mark Harris

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Stephan Harris

FDIC Proposes Rule to Revise Brokered Deposit Regulations and Issues Request for Information on Deposit Data

In a proposed rule and information request, the Federal Deposit Insurance Corporation expressed its concerns with the current brokered deposit restrictions and reporting requirements. Our Financial Services Team zeroes in on…more

Brokered Deposits, Depository Institutions, FDIC, Financial Institutions, Financial Services Industry

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Scott Harty

Plan in Advance: Deferred Revenue Tax Considerations in M&A Transactions

Our Federal Tax Group discusses the tax treatment of deferred revenue or advance payments in M&A transactions. The tax treatment of deferred revenue differs from the treatment for financial accounting purposes…more

Acquisitions, C-Corporation, Corporate Taxes, Income Taxes, Mergers

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Brian Harvel

Chevron Overruled - What Are the Tax Implications?

Our Tax Group reviews how the U.S. Supreme Court’s ruling in Loper Bright that overturned many decades of the Chevron doctrine will affect federal and state taxes…more

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

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James Harvey

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – November 2022

Selected U.S. Privacy and Cyber Updates - California Privacy Protection Agency Issues Notice of Modifications to Proposed CPRA Regulations - On November 3, 2022, the California Privacy Protection Agency (CPPA) issued a notice of…more

California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Andrew Hatchett

Class Action Roundup: Spring 2016

Welcome to the second 2016 edition of Class Action Roundup! The first quarter of the year witnessed a few key Supreme Court decisions, even with the passing of Justice Scalia, and several settlement cases decided. The issue of…more

Anti-Competitive, Antitrust Litigation, Bank of America, Class Action, Class Certification

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Matthew Hedstrom

Chevron Overruled - What Are the Tax Implications?

Our Tax Group reviews how the U.S. Supreme Court’s ruling in Loper Bright that overturned many decades of the Chevron doctrine will affect federal and state taxes…more

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

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John Heflin

Oregon Enacts Comprehensive State Privacy Law

On July 18, 2023, Oregon Governor Tina Kotek signed the Oregon Consumer Privacy Act (SB 619)(“OCPA”) into law, making Oregon the eleventh state to enact a comprehensive state privacy law. OCPA will take effect on July 1, 2024,…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Health Insurance Portability and Accountability Act (HIPAA)

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Amy Heppner

2024 Health Benefits Year: A Year to Remember

The year was packed with developments for health and welfare benefits plans. Our Health Benefits Team reviews 2024, from new data privacy rules to disaster tax relief…more

Cybersecurity, Data Privacy, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits

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Jenny Hergenrother

What to Expect from Georgia’s New Tort Reform Law

Our Industrials & Manufacturing and Products Liability Groups break down how Georgia’s new law alters the tort landscape…more

Attorney's Fees, Bifurcation, Damages, Georgia, Jury Trial

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Jonathan Hermann

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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Paul Hespel

FATF Expands AML Recommendations to Cover Cryptocurrencies and Other Virtual Assets

Our White Collar, Government & Internal Investigations Group discusses how new guidance from the Financial Action Task Force affects virtual asset service providers (VASPs) and others that deal with virtual assets…more

Anti-Money Laundering, Cryptocurrency, Digital Currency, Initial Coin Offering (ICOs), Virtual Currency

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Hannah Hess

PFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to fight firefighting foam,…more

CERCLA, Compliance, Contamination, Discharge of Pollutants, Drinking Water

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Barry Hester

Regulators Focus on Bank-Fintech Arrangements

Through joint guidance and an information request, federal bank regulators underscored banks’ compliance responsibilities in their banking-as-a-service (BaaS) relationships with third parties. Our Financial Services Team unpacks…more

Banking Regulators, Banking Sector, Banks, FDIC, Financial Institutions

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John Hickman

Health Plan Impact of HHS’s Proposed HIPAA Security Rule Update

Our Employee Benefits & Executive Compensation Group highlights the HIPAA Security Rule’s proposed new compliance requirements for health plans, plan sponsors, and their business associates…more

Business Associates, Business Associates Agreement (BAA), Data Privacy, Data Security, Department of Health and Human Services (HHS)

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Zachary Higbee

USPTO Updates Subject-Matter Guidance to Encompass Impact of Artificial Intelligence

The U.S. Patent and Trademark Office (USPTO) has updated its patent subject-matter eligibility guidance to address inventions involving artificial intelligence (AI). Our Intellectual Property Team examines how the revised…more

Algorithms, Artificial Intelligence, Intellectual Property Protection, Inventions, Patent Act

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Jeffrey Hill

Structured Finance Spectrum - Summer 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures…more

Asset Management, Blockchain, Capital Markets, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Kathleen Hill

Land Use Matters February 2025 | CEQA Appellate Decisions & Other Legal Developments

Los Angeles County - Executive Order Streamlines Path to Rebuild Homes, Businesses, and Communities Destroyed by Los Angeles Firestorms - In response to the multiple firestorms in Los Angeles County that started on January 7,…more

Appeals, California, CARB, CEQA, Coastal Real Estate

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Elinor Hiller

Trump Administration Changes Seek to Avoid Notice and Comment Hurdles

Our Health Care and Health Care Litigation Groups examine a policy move by the Department of Health and Human Services (HHS) that will allow the department to forgo notice and comment procedures for many of its regulations…more

Administrative Procedure Act, Department of Health and Human Services (HHS), Executive Orders, Medicare, Notice and Comment

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Scott Hilsen

2025 State Cybersecurity Legislation Focuses on Financial Services

Eight years ago, on March 1, 2017, the New York Department of Financial Services enacted its landmark cybersecurity regulation covering financial services companies, 23 NYCRR Part 500, known as “Part 500.” Part 500 was the first…more

Consumer Lenders, Cybersecurity, Data Breach, Data Security, Financial Institutions

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Sheena Hilton

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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Kristin Hinson

Investment Management, Trading & Markets Advisory: Annual CPO or CTA Exemption or Exclusion Affirmations Due by February 29, 2016; Filings Now Accepted

Any firm that is currently claiming certain exemptions or exclusions from registration with the Commodity Futures Trading Commission (CFTC) as a commodity pool operator (CPO) or commodity trading advisor (CTA) is required to…more

CFTC, Commodity Trading Advisors (CTAs), CPOs, Exemptions, NFA

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Ytran Hoang

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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William Hooker

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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William Hooper

No More Grading on a Curve: OCC Revamps Its Community Reinvestment Act Rules

Our Financial Services & Products Group distills the Office of the Comptroller of the Currency’s new framework for the Community Reinvestment Act into four basic changes…more

Community Reinvestment Act, OCC, Reporting Requirements

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Kendall Houghton

Department of Labor’s Temporary Policy Allows Voluntary Escheatment of Certain Retirement Benefits

In this article, the authors delve into the Department of Labor’s temporary ERISA enforcement policy for unclaimed retirement benefit payments of $1,000 or less. The Department of Labor (DOL) has announced a temporary…more

401k, Beneficiaries, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Donald Houser

Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action

On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its…more

Class Action, Data Collection, Web Tracking, Website Owner Liability, Websites

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J. Andrew Howard

Has the Countdown Clock to Eliminate the Federal Small Business Set-Aside and Subcontracting Programs Started?

Our Government Contracts Group discusses what small and large businesses can do to prepare for the potential elimination of federal set-aside and subcontractor preference programs under the Small Business Act (SBA)…more

Discrimination, Diversity and Inclusion Standards (D&I), Executive Orders, Federal Contractors, SBA

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Danielle Hoyer

FTC’s Rule Banning Noncompete Agreements Partially Blocked by Federal Judge

A federal judge has partially blocked a rule by the Federal Trade Commission (FTC) to ban most employer noncompete agreements. Our Labor & Employment and Antitrust teams weigh in on the impending ban’s uncertain future…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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David Hoyt

Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Christopher Huffaker

Merchant Plaintiffs Reach Settlement in Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

Our Financial Services Group summarizes the closely observed preliminary settlement agreement over the fees credit card companies and banks charge merchants…more

Antitrust Litigation, Banks, Consumer Financial Products, Credit Cards, Fees

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Joseph Hunt

Incomplete Cybersecurity Compliance Disclosures May Support Fraud Claim Under the False Claims Act, Federal Court Holds

At the heels of a recent Civil Cyber-Fraud Initiative related to cybersecurity practices and the False Claims Act (FCA), a cybersecurity-related FCA case has survived a motion for summary judgment, teeing up a trial to determine…more

Compliance, Cyber Crimes, Cybersecurity, Data Protection, Data Security

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Susan Hurd

Exploring the Dismissals of the Facebook and NVIDIA Appeals

Our Securities Litigation Group unpacks the U.S. Supreme Court’s recent dismissal of appeals in two securities class actions…more

Appeals, Class Action, Dismissals, Facebook, NVIDIA

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James Hwang

More Carrot, Less Stick: DOJ Announces Corporate Enforcement Policy Revisions

Our White Collar, Government & Internal Investigations Team breaks down how the Department of Justice is adjusting its enforcement policies to provide more incentives for corporate self-reporting and cooperation…more

Department of Justice (DOJ), Enforcement Actions, FCPA Corporate Enforcement Policy (CEP), Self-Reporting, White Collar Crimes

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Leon Andrew Immerman

Finally! Final Regulations Published for Section 965 Transition Tax

At long last, we have the first set of final regulations for the Tax Cuts and Jobs Act. Our International Tax Group celebrates with a look at how the Treasury and IRS have clarified Section 965 and why taxpayers may need to act…more

Controlled Foreign Corporations, Federal Taxes, Foreign Corporations, Income Taxes, IRS

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Alexander Ingoglia

Class Action & MDL Roundup – Q4 2021

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2021. In this edition, the Seventh Circuit shorts out an FCRA suit, a plaintiff just … gives up, and…more

Arbitration, Class Action, Class Certification, Cryptocurrency, Fair Credit Reporting Act (FCRA)

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Alexandria Isom

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive…more

Affirmative Action, Civil Rights Act, Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ)

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Colton Jackson

US and India to Pursue Bilateral Trade Deal, Hope to Resolve Tariffs Dispute

Following a meeting last Thursday, February 13th between Donald Trump and Indian Prime Minister Narendra Modi, India and the US agreed to begin talks on a bilateral trade deal that could help resolve the countries’ standoff on…more

Defense Sector, Energy Sector, Exports, Foreign Policy, Foreign Relations

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Michelle Jackson

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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Kenneth Jaffe

FERC Acts to Reform Generator Interconnection Procedures and Agreements

Our Energy Group breaks down the Federal Energy Regulatory Commission’s attempt to improve interconnection processes with its final rule amending the pro forma Large Generator Interconnection Procedures and the pro forma Large…more

Electricity, Energy Sector, FERC, Interconnections

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Jonathan Jagoda

Look Ahead to the Week of April 7: Will the House Pass the Senate Budget Resolution?

Both chambers are in session this week. Last week, President Trump announced larger-than-anticipated tariffs, including a 10% “baseline” tariff on goods imported from all countries and “discounted reciprocal” tariffs on…more

Budget Reconciliation, Canada, China, Federal Budget, International Trade

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Benjamin James

FDA Publishes Guidance on Medical Device Shortages During Public Health Emergencies

Our FDA/Food, Drug & Device and Health Care teams discuss new guidance from the Food and Drug Administration (FDA) on federal notification requirements for medical device manufacturing shortages during public health emergencies…more

Compliance, Final Guidance, Food and Drug Administration (FDA), Manufacturers, Medical Devices

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Daniel Jarcho

Trump Administration Changes Seek to Avoid Notice and Comment Hurdles

Our Health Care and Health Care Litigation Groups examine a policy move by the Department of Health and Human Services (HHS) that will allow the department to forgo notice and comment procedures for many of its regulations…more

Administrative Procedure Act, Department of Health and Human Services (HHS), Executive Orders, Medicare, Notice and Comment

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Colby Jenkins

A Practical Guide to the SEC’s Private Fund Adviser Rules: Commentary and Industry Insight

In August 2023, the U.S. Securities and Exchange Commission adopted new rules and amendments to rules under the Investment Advisers Act of 1940, as amended, affecting registered and unregistered advisers to private funds. We…more

Asset Management, Audits, Compliance, Final Rules, Financial Services Industry

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Jordan Jensen

Merchant Plaintiffs Reach Settlement in Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

Our Financial Services Group summarizes the closely observed preliminary settlement agreement over the fees credit card companies and banks charge merchants…more

Antitrust Litigation, Banks, Consumer Financial Products, Credit Cards, Fees

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Michael Jewesson

The Dawn of CMBS 4.0: Changes and Challenges in a New Regulatory Regime

Commercial real estate has been financed in the U.S. capital markets through creation of commercial mortgage-backed securities (CMBS) since the early 1990s, peaking at $240 billion in 2007 and representing about 25% of all…more

Basel Committee on Banking Supervision (BCBS), CMBS, Commercial Real Estate Market, Dodd-Frank, Due Diligence

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Jyoti Jindal

Class Action & MDL Roundup – Q1 2022

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2022. In this edition, COVID cases are still endemic for insurance companies, kids’ contracts are voidable…more

Biometric Information, Class Action, Class Certification, Class Members, Corporate Counsel

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Samuel Jockel

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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Brian Johnson

CFPB and FTC Looking to Ramp Up Data Security Requirements

Enhancing data security programs to protect personal information is a critical area companies cannot ignore. Our Privacy, Cyber & Data Strategy and Financial Services & Products groups unpack the latest moves by the Consumer…more

Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Data Protection, Data Security, Federal Trade Commission (FTC)

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Jacob Johnson

Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Kenneth Johnson

2024 Health Benefits Year: A Year to Remember

The year was packed with developments for health and welfare benefits plans. Our Health Benefits Team reviews 2024, from new data privacy rules to disaster tax relief…more

Cybersecurity, Data Privacy, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits

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Jenna Jones

Supreme Court Slashes FTC’s Favored Route to Consumer Redress and Disgorgement

In a unanimous ruling late last week, the U.S. Supreme Court slashed the Federal Trade Commission’s favored route to impose monetary penalties in consumer protection cases. Our Consumer Protection/FTC Team examines the decision,…more

AMG Capital Management LLC v FTC, Enforcement Actions, Enforcement Authority, Federal Trade Commission (FTC), FTC Act

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Barbara Jones-Binns

Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food Labeling

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William Jordan

DOJ Reports Record Number of New False Claims Act Matters, Recoveries for 2023

Our False Claims Act (FCA) Team examines the Department of Justice’s increased focus on enforcement of the FCA, especially in health care matters. The DOJ initiated over 1,000 FCA matters in one year for the first time…more

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

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Saloni Joshi

Investment Management, Trading & Markets – Private Funds & Secondaries Bulletin – Q3 2022

Welcome to Alston & Bird’s quarterly update. In this issue, we share our key takeaways from our symposium on the rise of the GP-led market and single-asset deals. INSIGHT: GP-LED MARKET AND SINGLE-ASSET DEALS - This…more

Financial Services Industry, Fund Managers, Investment Adviser, Investment Management, Private Funds

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Madeleine Juszynski

Sustainability Spotlight | Q4 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Corporate Governance, Energy Projects, Enforcement Actions, Environmental Social & Governance (ESG), Fossil Fuel

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Deona Kalala

FTC Increases HSR Threshold, Other Merger Review Changes Forthcoming

The first month of 2022 brought multiple significant developments impacting how the U.S. antitrust enforcement agencies review proposed transactions. These include not only the annual adjustments to the filing thresholds under…more

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

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Edward Kang

New Civil Cyber-Fraud Initiative Signals Increased Litigation Risk Arising from Cybersecurity Practices

Our Privacy, Cyber & Data Strategy and White Collar, Government & Internal Investigations teams answer the questions government contractors will have about how to evaluate the False Claims Act risks signaled by the Department of…more

Cybersecurity, Data Protection, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Jacob Kaplan

Supreme Court Holding Adds Complexity to Estate Planning

Keeping it in the family just got more complicated. Our Tax Group studies a Supreme Court decision that left a family with an unexpected estate tax liability related to a share redemption agreement…more

C-Corporation, Connelly v United States, Estate Planning, Estate Tax, Fair Market Value

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Jane Kaufman

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Stefanie Kavanagh

IRS’s Advance Pricing and Mutual Agreement Program Rebounds in 2023: What Is APMA’s Long Game?

APMA set a record for executed advance pricing agreements (APAs), but high processing times and a hefty pending APA inventory continued to challenge APMA in 2023. Our Federal & International Tax Group evaluates trends gleaned…more

Advanced Pricing Agreements, Annual Reports, APMA, IRS, New Guidance

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Sam Kaywood Jr.

Sourcing the Source of Inventory Sales – Final Regulations Under Section 863(b)

Is inventory personal? Well, it depends. Our International Tax Group explores the finalized sourcing rules that decide whether inventory is U.S. or foreign source after changes wrought by the Tax Cuts and Jobs Act…more

Foreign Tax Credits, Inventory, IRS, Tax Cuts and Jobs Act

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Peter Kazon

Changing Time for Clinical Laboratories

As Bob Dylan wrote, ‘‘The times, they are a-changin’ ’’ While Dylan certainly had larger issues in mind than the state of the clinical laboratory industry, it still is a fair description of what is happening for laboratories…more

Centers for Medicare & Medicaid Services (CMS), Clinical Laboratories, Food and Drug Administration (FDA), HCPCS, Laboratory Developed Tests

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David Keating

State Regulators Form Privacy Law Implementation and Enforcement Group

Eight state regulators have established a coalition called the Consortium of Privacy Regulators to collaborate on the implementation and enforcement of their privacy laws. According to announcements from the California Privacy…more

California, California Privacy Protection Agency (CPPA), Data Brokers, Enforcement, Enforcement Actions

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Gerard Keegan Jr.

New York Appellate Court Upholds Plain Meaning of Reserve Provision in CMBS Loan Agreement

On October 24, 2017, a New York appeals court unanimously affirmed dismissal of a CMBS borrower’s lawsuit concerning the interpretation of a reserve provision in a commercial loan agreement. The dispute concerned the…more

Borrowers, CMBS, Lenders, Loan Agreements

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Jessica Garcia Keenum

The (Bay) State of the Model Money Transmission Modernization Act

Massachusetts has joined the growing list of states that have at least partially adopted the Model Money Transmission Modernization Act. Our Financial Services Group examines the model act, how the Bay State has adopted it, and…more

Anti-Money Laundering, Financial Services Industry, FinTech, Licenses, Money Transmitter

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Jason Keith

Patent Case Summaries | Week Ending October 06, 2023

Schwendimann v. Neenah, Inc., et al., Nos. 2022-1333, -1334, -1427, -1432 (Fed. Cir. (PTAB) Oct. 6, 2023). Opinion by Clevenger, joined by Prost and Cunningham…more

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

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Christopher Kelleher

Payments Docket – December 2024

The latest edition of the Payments Docket, our roundup of key litigation and enforcement involving the payments industry, features why the CFPB’s open banking rule is under fire, a convenience fee that steals your lunch money,…more

Banking Sector, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC)

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Thomas Kelly

Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Ashley Kennedy

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Kara Kennedy

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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Michael Kenny

FTC Issues Statement of Principles on Section 5 Enforcement

On August 13, 2015, the Federal Trade Commission approved its first official guidelines on the breadth of its powers to prosecute “unfair methods of competition” that are not violations of federal antitrust law. The Commission’s…more

Antitrust Provisions, Federal Trade Commission (FTC), Section 5, Unfair Competition

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Matthew Kent

Antitrust Agencies Temporarily Suspend Early Termination of Pre-Merger Waiting Periods

Our Antitrust and M&A Groups offer practical advice for companies seeking mergers or acquisitions in the wake of the DOJ’s and FTC’s “temporary suspension” of early termination of waiting periods…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Waiting Periods

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Shehram Khattak

Who Calls the Shots with Trustees and Agents?

In the first article of our new series providing key reference points for trustees and agents seeking guidance on their rights and duties, Corporate Trust & Agency – Law and Practice, our Finance and Litigation Groups…more

Bonds, Financial Services Industry, Lenders, Noteholders, Trustees

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Jonathan Kim

New York’s Regulation 187: What Insurers Need to Know Come August 1, 2019

New York’s amendment to Regulation 187 has gone into effect, more than a year after it was first proposed. Our Insurance Litigation & Regulation Group investigates the changes to the original amendment and how they affect the…more

Financial Services Industry, Insurance Industry, Life Insurance, NYDFS, Proposed Amendments

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Olivia Kim

Intellectual Property Litigation Newsletter | April 2025

Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that written description is required for a preamble, labor or…more

Claim Construction, Intellectual Property Litigation, Inventors, Patent Invalidity, Patent Litigation

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Meredith Jones Kingsley

New Administration, New Enforcement Priorities

Three weeks into the Biden Administration, businesses must prepare for significant changes in regulatory and enforcement priorities. Our White Collar, Government & Internal Investigations Team summarizes the new Administration’s…more

Biden Administration, Big Tech, CARES Act, Department of Health and Human Services (HHS), Enforcement

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Clayton Kinsey

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Laurie Kirkwood

Health Plan Impact of HHS’s Proposed HIPAA Security Rule Update

Our Employee Benefits & Executive Compensation Group highlights the HIPAA Security Rule’s proposed new compliance requirements for health plans, plan sponsors, and their business associates…more

Business Associates, Business Associates Agreement (BAA), Data Privacy, Data Security, Department of Health and Human Services (HHS)

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W. Scott Kitchens

Illinois House and Senate Pass Artificial Intelligence Video Interview Act

On May 29, 2019, the Illinois State House unanimously passed the Illinois Artificial Intelligence Video Interview Act (the “Act”). The Illinois State House previously unanimously passed the Act on May 23, 2019…more

Artificial Intelligence, Corporate Counsel, Hiring & Firing, Interviews, Job Applicants

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Lindsay Klein

Structured Finance Spectrum – July 2020

Diverse talents bring diverse ideas. Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. …more

Aviation Industry, Coronavirus/COVID-19, Diversity, Due Diligence, Mortgage-Backed Securities

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Ronald Klein

Structured Finance Spectre - October 2018

PRACTITIONER NOTES – Frankenstein’s Monster? Rosemary’s Baby? The Twins from the Shining? How Lenders are thinking about the Delaware Division Statute and Division LLCs - Recent amendments to the Delaware LLC Act (the…more

Banking Sector, Borrowers, Community Reinvestment Act, Consumer Financial Protection Bureau (CFPB), FDIC

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Brody Klett

IRS Releases New Section 83(b) Election Form

Our Federal Tax Group explains the new standardized Form 15620 that taxpayers can use when receiving property that is subject to a “substantial risk of forfeiture.”…more

Capital Gains, Income Taxes, Internal Revenue Code (IRC), IRC Section 83(b), IRS

See all updates »

Kathryn Clifford Klorfein

Food & Beverage Digest - July 2022

In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, one plaintiff is not tolerant of dairy-free coffee creamer, an…more

Beverage Manufacturers, Class Action, False Advertising, Food Labeling, Food Manufacturers

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Jon Knight

DOJ Issues New Policy on CFAA Prosecutions

Today, the Department of Justice (“DOJ”) updated its policy regarding charging violations under the Computer Fraud and Abuse Act (“CFAA”). This is the first update to the DOJ’s policy since 2014, and it is effective…more

Computer Fraud and Abuse Act (CFAA), Criminal Prosecution, Cyber Crimes, Department of Justice (DOJ)

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P. Kai Knight

FBI Develops Decryption Tool to Combat Blackcat Ransomware

On December 19, 2023, the Justice Department (“DOJ”) announced a disruption campaign against the Blackcat ransomware group. In the same press release, they also stated that the Federal Bureau of Investigation (“FBI”) had…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Department of Justice (DOJ), FBI

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Leila Knox

Ninth Circuit Addresses Personal Jurisdiction Based on E-Commerce Data Collection in En Banc Decision

A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal…more

Appeals, California, Class Action, Cookies, Data Collection

See all updates »

Jacob Koenigson

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

See all updates »

Laura Komarek

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

See all updates »

Peter Kontio

FTC Issues Statement of Principles on Section 5 Enforcement

On August 13, 2015, the Federal Trade Commission approved its first official guidelines on the breadth of its powers to prosecute “unfair methods of competition” that are not violations of federal antitrust law. The Commission’s…more

Antitrust Provisions, Federal Trade Commission (FTC), Section 5, Unfair Competition

See all updates »

Kate Kostel

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

See all updates »

Jyoti Jindal Kottamasu

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

See all updates »

Jenny Kramer

Carrots Aren’t Just for Companies: The SDNY’s New Whistleblower Pilot Program

The U.S. Attorney’s Office for the Southern District of New York (SDNY) is taking aim at corporate criminal wrongdoing with a new whistleblower initiative. Our White Collar, Government & Internal Investigations Team breaks down…more

Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ), Enforcement, Internal Investigations

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Kristen Kuan

Government & Internal Investigations Advisory: DOJ’s New FCPA Pilot Program Provides Roadmap for “Cooperation”

The Department of Justice (DOJ) on April 5 announced a new, one-year pilot program for companies to self-report Foreign Corrupt Practices Act (FCPA) violations. The announcement comes amid other increased FCPA enforcement…more

Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs, Federal Sentencing Guidelines, Foreign Corrupt Practices Act (FCPA)

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Carson Kuck

Cybersecurity Controls: What Do Regulators Expect Nowadays?

Our Privacy, Cyber & Data Strategy Team highlights the increasingly specific cybersecurity controls identified by regulators, explains why these enhanced cybersecurity controls have become the focus of regulators, and shares…more

Cybersecurity, Data Security, Employee Training, Enforcement Actions, Multi-Factor Authentication

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T. Scott Kummer

How Is Congress Trying to Regulate Private Equity in Health Care?

Our Health Care Group investigates congressional efforts to require new transparency disclosures to the IRS from private equity firms invested in health care…more

Health Care Providers, IRS, Private Equity, Private Equity Firms, Reporting Requirements

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Sloane Kyrazis

Patent Case Summaries | Week Ending March 21, 2025

AMP Plus, Inc. v. DMF, Inc., No. 2023-1997 (Fed. Cir. (PTAB) Mar. 19, 2025). Opinion by Reyna, joined by Lourie and Bryson. DMF owns a patent directed to a compact recessed lighting system that can be installed in a standard…more

Appeals, Claim Construction, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Infringement

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Joshua Labat

Pushing Beyond the Limit: Examining the Scope of Subpoenas Issued During Unclaimed Property Audits

A Delaware court quashed a subpoena aimed at an unclaimed property holder, but the victory may be short-lived. Our Unclaimed Property Team explores the latest court decision addressing a subpoena for records dating back to the…more

Audits, Subpoenas, Unclaimed Property

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Lisa Lanham

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Megan Lau

Investment Management, Trading & Markets – Private Funds & Secondaries Bulletin – Q3 2022

Welcome to Alston & Bird’s quarterly update. In this issue, we share our key takeaways from our symposium on the rise of the GP-led market and single-asset deals. INSIGHT: GP-LED MARKET AND SINGLE-ASSET DEALS - This…more

Financial Services Industry, Fund Managers, Investment Adviser, Investment Management, Private Funds

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John Evan Laughter

Delaware Legislators Swiftly Enact Proposed Changes to Corporate Code

Our Securities Litigation and Securities Groups discuss the final version of Delaware’s SB 21 that brings the most impactful changes to Delaware corporate law in decades…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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Carissa Lavin

Exploring the Dismissals of the Facebook and NVIDIA Appeals

Our Securities Litigation Group unpacks the U.S. Supreme Court’s recent dismissal of appeals in two securities class actions…more

Appeals, Class Action, Dismissals, Facebook, NVIDIA

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Matthew Lawson

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

See all updates »

Edward Leaf

Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Brian Lebowitz

Finally! Final Regulations Published for Section 965 Transition Tax

At long last, we have the first set of final regulations for the Tax Cuts and Jobs Act. Our International Tax Group celebrates with a look at how the Treasury and IRS have clarified Section 965 and why taxpayers may need to act…more

Controlled Foreign Corporations, Federal Taxes, Foreign Corporations, Income Taxes, IRS

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Boong-Kyu B.K. Lee

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

See all updates »

Branson Lee

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Brian Lee

Potential Medicare Physician Fee Schedule Reform in the Last Weeks of the 118th Congress

A flurry of bills to reform the Medicare Physician Fee Schedule (PFS) faces the lame duck Congress. Our Health Care Group investigates how those reforms could take shape and which, if any, could find their way through the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Lame Duck Session, Legislative Agendas

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Michael Lee

European High Yield: Green Bonds and Sustainability-Linked Bonds

The ESG bond market is growing by leaps and bounds, buoyed partly by the COVID-19 pandemic. Our Finance Group takes a look at some recent green and sustainability-linked bond offerings in the sub-investment-grade market and…more

Corporate Governance, Environmental Social & Governance (ESG), EU, European Central Bank, Green Bonds

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Noah LeGrand

Sustainability Spotlight | Q4 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Corporate Governance, Energy Projects, Enforcement Actions, Environmental Social & Governance (ESG), Fossil Fuel

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Emily Leiter

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive…more

Affirmative Action, Civil Rights Act, Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ)

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John Lesko

Key Points for DHS Playbook for Public Sector GenAI Deployment

On January 7, 2025, the Department of Homeland Security released its first “Playbook for Public Sector Generative Artificial Intelligence Deployment (“Playbook”) to serve as a comprehensive guide for DHS and other public sector…more

Artificial Intelligence, Compliance, Data Privacy, Data Protection, Data Security

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Jason Levine

The East Coast Pipeline Shutdown and Price Gouging

Price gouging is back in the news, this time as Americans rush to buy gasoline after a major East Coast pipeline is temporarily shut down. Our Antitrust Team provides lessons for how companies can handle price gouging, from…more

Essential Goods, Oil & Gas, Pipelines, Price Gouging, Ransomware

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Tiffany Li Qu

2024 Year in Review: Legislative Developments Impacting Gift Card Programs

Our Unclaimed Property and State & Local Tax teams review the state legislation that impacted businesses’ gift card programs in 2024. Notably, Idaho now expressly exempts gift cards that do not expire or impose fees but…more

Financial Instruments, Fraud Prevention, New Legislation, Regulatory Reform, Regulatory Requirements

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Joe Liebeschuetz Ph.D.

UP and UPC: Changes in European Patent Procedures

This year, patent holders will have a new path to validate (or litigate) their patents in Europe – the unitary patent and Unified Patent Court. Our Intellectual Property Group examines the new mechanism taking shape in nearly…more

EU, Patent Litigation, Patents, Unified Patent Court

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Andrew Liebler

Summary of Changes from DoD CMMC Proposed Rule to Final Rule

The CMMC program is designed to ensure that federal contract information (“FCI”) and Controlled Unclassified Information (“CUI”) are sufficiently protected by government contractors. For example, the CMMC program requires that…more

Compliance, Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Defense Contracts, Defense Sector

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Andrew Ligotti

Patent Case Summaries | Week Ending January 17, 2025

Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., No. 2023-2346 (Fed. Cir. (PTAB) Jan. 14, 2025). Opinion by Prost, joined by Lourie and Stark…more

Claim Construction, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Invalidity

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Taylor Lin

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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Antone Little

Debtholders Are Not Entitled to Keep $500 Million Mistakes

Our Finance and Financial Services Litigation Groups examine why the Second Circuit vacated the district court’s ruling that Revlon’s creditors could keep a mistakenly sent $500 million payment…more

Citibank, Creditors, Debtors, Financial Services Industry, Wire Transfers

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Clay Littlefield

Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

See all updates »

Katrina Llanes

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

See all updates »

Debra Lofano

Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

See all updates »

Aldys London

Federal Banking Agencies Announce Intent to Rescind 2023 Community Reinvestment Act Final Rule and Return to Prior Framework

What Happened? The Federal Deposit Insurance Corporation (“FDIC”), Board of Governors of the Federal Reserve System (“Federal Reserve”) and the Office of the Comptroller of the Currency (“OCC”), (collectively, “federal banking…more

Banks, Community Reinvestment Act, FDIC, Federal Reserve, Final Rules

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Robert Long

Financial Services & Products / Securities Litigation Advisory: Trends in Enforcement and Recommendations on Protecting Financial Institutions

Directors and officers (D&O) insurance liability coverage terms continue to evolve in ways that can be important to directors and officers when lawsuits or investigations against them arise. In his 2022 speech “Reining in Repeat…more

Consumer Financial Protection Bureau (CFPB), Corporate Officers, D&O Insurance, Dodd-Frank, Insurance Industry

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Alexander Lorenzo

Debtholders Are Not Entitled to Keep $500 Million Mistakes

Our Finance and Financial Services Litigation Groups examine why the Second Circuit vacated the district court’s ruling that Revlon’s creditors could keep a mistakenly sent $500 million payment…more

Citibank, Creditors, Debtors, Financial Services Industry, Wire Transfers

See all updates »

Rachel Lowe

Ninth Circuit Addresses Personal Jurisdiction Based on E-Commerce Data Collection in En Banc Decision

A recent decision by the Ninth Circuit Court of Appeals in Briskin v. Shopify, Inc., No. 22-15815, could impact the scope of personal jurisdiction over e-commerce and other entities that utilize cookies to collect personal…more

Appeals, California, Class Action, Cookies, Data Collection

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Jane Lucas

Look Ahead to the Week of April 7: Will the House Pass the Senate Budget Resolution?

Both chambers are in session this week. Last week, President Trump announced larger-than-anticipated tariffs, including a 10% “baseline” tariff on goods imported from all countries and “discounted reciprocal” tariffs on…more

Budget Reconciliation, Canada, China, Federal Budget, International Trade

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Katie Jo Luningham

Lessons Higher Education Can Learn from Recent First Amendment Litigation

Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students…more

Colleges, Diversity, Educational Institutions, First Amendment, Free Speech

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Maryann Luongo

Pushing Beyond the Limit: Examining the Scope of Subpoenas Issued During Unclaimed Property Audits

A Delaware court quashed a subpoena aimed at an unclaimed property holder, but the victory may be short-lived. Our Unclaimed Property Team explores the latest court decision addressing a subpoena for records dating back to the…more

Audits, Subpoenas, Unclaimed Property

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Bryan Lutz

A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia

A victory for insurers in Georgia’s Supreme Court clarifies state law on liability for failing to settle a claim. Our Insurance Litigation & Regulatory Team offers three key holdings that will limit an insurer’s potential…more

Bad Faith, GA Supreme Court, Insurance Claims, Insurance Industry, Insurance Litigation

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William Macurda

A Big Win for Servicers, Trustees, and Certificate Administrators Safeguarding Their Right to Indemnification from a CMBS Trust

The Commercial Mortgage Alert article “Master Servicer Wins Clawback Case” covered a summary judgment ruling in two related Minnesota trust instruction proceedings that have broad implications for the CMBS industry. Our…more

Asset Management, Commercial Mortgages, Loan Servicer, Trustees, Trusts

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J.P. Mahoney

FDIC, OCC, and DOJ Update Guidance on Bank Merger Evaluations

Last week, each of the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), and the Department of Justice Antitrust Division (DOJ) revised how they will review bank mergers. Our…more

Bank Merger Act, Banking Sector, Banks, Department of Justice (DOJ), FDIC

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Daniella Main

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Matthew Mamak

SEC Cracks Down on Individuals and Entities for Failure to Timely File Beneficial Ownership and Insider Trading Reports

Our Securities Group weighs in on the settlement by the Securities and Exchange Commission with 23 separate entities and individuals for alleged violations involving the failure to timely report ownership information…more

Beneficial Owner, Business Entities, Business Ownership, Enforcement Actions, Reporting Requirements

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Brandy Manning

Is “Into the Pipeline” the Equivalent of a Wellhead Valuation? Not So Fast, Says Texas Supreme Court

Our Oil & Gas Team parses a ruling from Texas that reminds courts to look at the entire contract, not just a favorite word or phrase. The parties disagreed about where along the pipeline royalty valuation should occur. The Texas…more

Contract Terms, Mineral Leases, Oil & Gas, Oil Wells, Pipelines

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Monica Manning

Patent Case Summaries - November 2021 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Nicholas Marais

Patent Case Summaries | Week Ending February 14, 2025

Kroy IP Holdings, LLC v. Groupon, Inc., No. 2023-1359 (Fed. Cir. (D. Del.) Feb. 10, 2025). Opinion by Reyna, joined by Prost and Taranto. Kroy sued Groupon for patent infringement, asserting thirteen claims. Groupon responded…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Invalidity, Patent Litigation

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Christopher Marquardt

Noncompete Clauses Get a Reprieve from FTC Ban: What’s Next?

As expected, a Texas federal court blocked the Federal Trade Commission’s rule banning noncompete clauses. Our Labor & Employment and Antitrust Groups break down the court’s reasoning and look ahead to what might come next…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Anne Martin

Structured Finance Spectrum - Summer 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures…more

Asset Management, Blockchain, Capital Markets, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Ryan Martin-Patterson

Payments Docket – December 2024

The latest edition of the Payments Docket, our roundup of key litigation and enforcement involving the payments industry, features why the CFPB’s open banking rule is under fire, a convenience fee that steals your lunch money,…more

Banking Sector, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC)

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Rinaldo Martinez

New York Overhauls Mortgage Loan Servicer Business Conduct Regulations

New York’s amended mortgage loan servicer regulations are a substantial departure from previous versions and could go beyond federal rules. Our Financial Services & Products Group delves into technicalities and ramifications of…more

Consumer Financial Protection Bureau (CFPB), Foreclosure, Mortgage Lenders, Mortgage Servicers, Mortgages

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Alexandra Marzelli

Cosmetics Update: FDA Publishes Draft Guidance on Cosmetic Product Facility Registration and Listing

Our FDA and Food & Beverage teams outline key requirements of the Modernization of Cosmetics Regulation Act (MoCRA) and provide key takeaways from the Food and Drug Administration’s new draft guidance on facility registration…more

Cosmetics, Disclosure Requirements, Distributors, Food and Drug Administration (FDA), Manufacturers

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W. Clay Massey

EPA Finalizes Amendments to Air Toxics Standards for Ethylene Oxide Commercial Sterilizers

Our Environment, Land Use & Natural Resources Group reviews the Environmental Protection Agency’s announcement of final amendments to the air toxics standards for ethylene oxide (EtO) commercial sterilizers…more

Air Pollution, Compliance, Environmental Protection Agency (EPA), Final Rules, Food and Drug Administration (FDA)

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Bhanu Mathur

SEC Cracks Down on Individuals and Entities for Failure to Timely File Beneficial Ownership and Insider Trading Reports

Our Securities Group weighs in on the settlement by the Securities and Exchange Commission with 23 separate entities and individuals for alleged violations involving the failure to timely report ownership information…more

Beneficial Owner, Business Entities, Business Ownership, Enforcement Actions, Reporting Requirements

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Dawnmarie Matlock

HHS Final Rule Brings Sweeping, Complex Changes for Substance Use Records

A new HHS Final Rule overhauls the federal Part 2 regulations on the confidentiality of substance use disorder (SUD) records. Our Heath Care Health Care and Privacy, Cyber & Data Strategy Groups unpack how the changes will…more

Breach Notification Rule, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HITECH Act

See all updates »

Briana Matusovsky

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Kristine McAlister Brown

NYDFS Finalizes Second Amendment to Its Cybersecurity Regulation

Our Privacy, Cyber & Data Strategy and Privacy & Cybersecurity Litigation teams examine the New York Department of Financial Services’ finalized Second Amendment to its Cybersecurity Regulation…more

Compliance, Cybersecurity, Financial Institutions, Financial Services Industry, Notice Requirements

See all updates »

Terence McAllister

IRS Releases New Section 83(b) Election Form

Our Federal Tax Group explains the new standardized Form 15620 that taxpayers can use when receiving property that is subject to a “substantial risk of forfeiture.”…more

Capital Gains, Income Taxes, Internal Revenue Code (IRC), IRC Section 83(b), IRS

See all updates »

James McCabe

Hunstein: The Eleventh Circuit Cavalry Arrives

Third time’s the charm? Our Financial Services Litigation and Financial Services & Products Groups take stock of the Eleventh Circuit’s surprise decision to rehear Hunstein en banc, throwing hundreds of Fair Debt Collection…more

Debt Collection, Debt Collectors, En Banc Review, FDCPA, Financial Services Industry

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Chandler McCrary Ray

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

See all updates »

M. Madison McCraw

Patent Case Summaries - March 2022 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

International Trade Commission (ITC), Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Emily McGowan

Certification: A New Yates Memo Requirement?

On February 4, the Wall Street Journal reported that the DOJ’s Fraud Section will now require companies to certify that they have “fully disclosed all information about individuals involved in wrongdoing before finalizing a…more

Certifications, Cooperation, Corporate Officers, Department of Justice (DOJ), Yates Memorandum

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Matthew McGuire

Supreme Court Hears the CFPB Declare Itself Unconstitutional

Our Financial Services Litigation Team dives into the oral argument before the U.S. Supreme Court that could decide the fate of the Consumer Financial Protection Bureau…more

Civil Investigation Demand, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Oral Argument, SCOTUS

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Patrick McKee

Recent Amendments to the Delaware Code Expand Personal Liability Protections to Corporate Officers

Our Securities and Securities Litigation Groups suggest that Delaware companies consider updates to corporate charters following a change in Delaware law allowing companies to exculpate officers…more

Board of Directors, Corporate Charters, Corporate Governance, Delaware, Delaware General Corporation Law

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Peter McKee Jr.

Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our…more

Consumer Financial Protection Bureau (CFPB), Debtors, Financial Services Industry, FIRREA, Foreclosure

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Tyler McKendrick

Patent Case Summaries | Week Ending February 16, 2024

Promptu Systems Corp. v. Comcast Corp., et al., No. 2022-1939 (Fed. Cir. (E.D. Pa.) Feb. 16, 2024). Opinion by Taranto, joined by Moore and Prost. Promptu sued Comcast for infringing three patents directed to speech-recognition…more

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

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Joseph McKernan

Structured Finance Spectrum - Summer 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures…more

Asset Management, Blockchain, Capital Markets, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Hannah McLean

Biden Administration Seeking Big Changes to “Made in America” Requirements

On January 25, 2021, President Biden signed an Executive Order, titled “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers,” aimed at strengthening domestic manufacturing and increasing…more

Biden Administration, Buy America, Buy American Act, Executive Orders, Federal Acquisition Regulations (FAR)

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Teri Lynn McMahon

Privacy & Data Security Advisory: It’s Not Just Europe: Why 2016 Cloud Vendor Management Programs Should Address Evolving Global Privacy and Cybersecurity Risks

2015 has seen landmark changes in privacy and cybersecurity laws and regulatory best practices. These developments have had a direct impact on cloud vendors. For example, evolving judicial and regulatory interpretations of…more

Cloud Computing, Cybersecurity, Data Privacy, EU, International Data Transfers

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Camille Smith McMakin

CEQ Scraps NEPA Regulations, Paves Way for Shake-Up in Environmental Law

Our Environment, Land Use & Natural Resources Group breaks down the Interim Final Rule and guidance issued by the White House Council on Environmental Quality (CEQ) on February 19, 2025…more

CEQ, Environmental Justice, Environmental Policies, Executive Orders, Final Rules

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Monique Mead

Patent Case Summaries - April 2022 #3

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Claim Construction, Patent Infringement, Patent Litigation, Patents, Precedential Opinion

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David Meadows

Payments Docket - May 2023

The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, crypto going bankrupt, and banks are paying for…more

Banking Sector, Banks, Class Action, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Kaylan Meaza

Payments Docket – December 2024

The latest edition of the Payments Docket, our roundup of key litigation and enforcement involving the payments industry, features why the CFPB’s open banking rule is under fire, a convenience fee that steals your lunch money,…more

Banking Sector, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC)

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Julie Mediamolle

SEC Cracks Down on Individuals and Entities for Failure to Timely File Beneficial Ownership and Insider Trading Reports

Our Securities Group weighs in on the settlement by the Securities and Exchange Commission with 23 separate entities and individuals for alleged violations involving the failure to timely report ownership information…more

Beneficial Owner, Business Entities, Business Ownership, Enforcement Actions, Reporting Requirements

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Ashley Menser

Finally! Final Regulations Published for Section 965 Transition Tax

At long last, we have the first set of final regulations for the Tax Cuts and Jobs Act. Our International Tax Group celebrates with a look at how the Treasury and IRS have clarified Section 965 and why taxpayers may need to act…more

Controlled Foreign Corporations, Federal Taxes, Foreign Corporations, Income Taxes, IRS

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Samuel Merritt

Patent Case Summaries - September 2021 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Ethan Millar

Pushing Beyond the Limit: Examining the Scope of Subpoenas Issued During Unclaimed Property Audits

A Delaware court quashed a subpoena aimed at an unclaimed property holder, but the victory may be short-lived. Our Unclaimed Property Team explores the latest court decision addressing a subpoena for records dating back to the…more

Audits, Subpoenas, Unclaimed Property

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Ashley Miller

Cybersecurity Controls: What Do Regulators Expect Nowadays?

Our Privacy, Cyber & Data Strategy Team highlights the increasingly specific cybersecurity controls identified by regulators, explains why these enhanced cybersecurity controls have become the focus of regulators, and shares…more

Cybersecurity, Data Security, Employee Training, Enforcement Actions, Multi-Factor Authentication

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B. Parker Miller

FTC and DOJ Host First Public Meeting of the Strike Force on Unfair and Illegal Pricing

At its first public meeting, the federal interagency Strike Force on Unfair and Illegal Pricing signaled a priority of lowering U.S. retail prices. Our Antitrust Team highlights what businesses should know going forward…more

Competition, Consumer Financial Protection Bureau (CFPB), Department of Health and Human Services (HHS), Department of Justice (DOJ), Department of Transportation (DOT)

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Sara Miller

Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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Wade Pearson Miller

New Initiatives for the New Year: Highlights of the OIG’s 2017 Work Plan

On November 10, 2016, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) issued its 2017 Work Plan. The 2017 Work Plan outlines the areas of special concern to the OIG and describes…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Fiscal Year, Medicaid

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Steven Mindy

Health Plan Impact of HHS’s Proposed HIPAA Security Rule Update

Our Employee Benefits & Executive Compensation Group highlights the HIPAA Security Rule’s proposed new compliance requirements for health plans, plan sponsors, and their business associates…more

Business Associates, Business Associates Agreement (BAA), Data Privacy, Data Security, Department of Health and Human Services (HHS)

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Kevin Minoli

Sustainability Spotlight | Q4 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Corporate Governance, Energy Projects, Enforcement Actions, Environmental Social & Governance (ESG), Fossil Fuel

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M. Brent Modak

What to Expect from Georgia’s New Tort Reform Law

Our Industrials & Manufacturing and Products Liability Groups break down how Georgia’s new law alters the tort landscape…more

Attorney's Fees, Bifurcation, Damages, Georgia, Jury Trial

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Sofia Molodanof

OIG Adds New Teeth to the Information Blocking Rule

Our Health Care Group shares what you need to know about how the Department of Health and Human Services implemented civil monetary penalties and enforcement authority for information blocking…more

Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions, Health Information Technologies, Information Blocking Rules

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Adam Monich

IntegraMed and Assignability of Management Services Agreements in Bankruptcy

Our Finance and Financial Restructuring & Reorganization Groups discuss how a recent ruling in the Chapter 7 bankruptcy of a health care management services organization could affect the availability of credit, valuations, and…more

Bankruptcy Court, Chapter 7, Lenders, Private Equity

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Paul Monnin

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive…more

Affirmative Action, Civil Rights Act, Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ)

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Charles More

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Charles Morgan

Certain FFCRA Paid Sick Leave Regulations Struck Down by New York Federal Court

A federal judge has thrown a wrench into the Department of Labor’s implementation of a key component of the government’s response to the coronavirus pandemic. Our Labor & Employment Group examines how the court struck down four…more

Coronavirus/COVID-19, Department of Labor (DOL), EPSLA, Families First Coronavirus Response Act (FFCRA), Health Care Providers

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Omar Morquecho

How Will Supreme Court’s New Decision on Personal Jurisdiction Impact Manufacturers?

Defendants and lower courts hoping for clarity about personal jurisdiction were disappointed by the U.S. Supreme Court last month. Our Products Liability and Litigation Groups examine a new decision whose ambiguity could invite…more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Bandemer, Ford Motor Co. v Montana Eighth Judicial District Court

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Paul Morris

Across the Horizon: Growing Class Action Risks in the UK and EU

Class actions aren’t just for U.S. courts anymore. Our Litigation Group explores the potential for transatlantic class action liability and the growth of collective redress throughout the UK and EU…more

Class Action, Collective Actions, EU, Jurisdiction, UK

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Michael Mortorano

Additional GSA Webinar Guidance for Section 889 Part B Implementation Delayed to September 10, 2020

The Alston & Bird Government Contracts team has been closely following developments in the implementation of Section 889 of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”), and particularly Section 889 Part B,…more

Department of Defense (DOD), Federal Acquisition Regulations (FAR), General Services Administration (GSA), NDAA

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Adria Moshe

Virginia Amends Data Breach Notification Law

Virginia amended the state’s data breach notification law, effective July 1, 2017, to expand notification requirements for employers and payroll service providers to data breaches that involve “unauthorized access and…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Notification Requirements

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Andrew Mueller

The FTC Takes Aim at Deceptive AI Claims

Our Consumer Protection/FTC Team investigates a slew of Federal Trade Commission enforcement actions against companies using allegedly deceptive artificial intelligence (AI) claims…more

Artificial Intelligence, Enforcement Actions, Enforcement Priorities, Federal Trade Commission (FTC), Machine Learning

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Jens-Olrik Murach

Foreign Direct Investment Screening in Germany in 2024: Key Facts & Figures

Our European Antitrust Team provides insights into German foreign direct investment (FDI) control in 2024…more

Acquisitions, Antitrust Provisions, Competition, EU, Foreign Direct Investment

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Oyinkan Muraina

Navigating AI-Related Disclosure Challenges: Securities Filing, SEC Enforcement, and Shareholder Litigation Trends

Companies’ accelerating reliance on artificial intelligence (AI) means heightened Securities and Exchange Commission (SEC) and shareholder plaintiff scrutiny. Our Securities Litigation Group underscores what companies need to…more

Artificial Intelligence, Broker-Dealer, Corporate Governance, Disclosure Requirements, Financial Services Industry

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Elizabeth Murphy

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Amy Mushahwar

FTC Approves New Data Breach Notification Requirement for Nonbanking Financial Institutions

With an amendment to its Safeguards Rule, the Federal Trade Commission has joined other federal agencies regulating cybersecurity breaches. Our Privacy, Cyber & Data Strategy Team analyzes how the amendment will affect…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, Federal Trade Commission (FTC)

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C. Jordan Myers

Retail: What's in Store - February 2019

Payments Developments in 2018 and Outlook for 2019 - The cost of accepting payments is one of the most significant expenses faced by most retailers, and managing those costs is an ongoing struggle. The year 2018 saw significant…more

Arbitration, Cannabidiol (CBD) oil, Counterfeiting, Credit Card Surcharges, Cyber Threats

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Charles Naggar

Patent Case Summaries - July 2020 #4

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Seol Namgoong

CISA Releases the AI Cybersecurity Collaboration Playbook to Strengthen AI-related Cybersecurity Information Sharing and Collaboration

On January 14, 2025, the Cybersecurity and Infrastructure Security Agency (CISA) released the AI Cybersecurity Collaboration Playbook (the “Playbook”) to provide guidance to organizations within the AI community (including AI…more

Artificial Intelligence, Cyber Threats, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Security

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Joseph Natt

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Wim Nauwelaerts

Belgian Data Protection Authority Issues Updated Guidance on Direct Marketing Rules

On March 10, 2025, the Belgian Data Protection Authority (BDPA) updated its 2020 guidance on the processing of personal data for direct marketing purposes (see the updated guidance here in French and in Dutch)…more

Compliance, Consent, Consumer Privacy Rights, Data Privacy, Data Protection

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Grace Nelmes

California Legislature Introduces Two Bills Regulating Private Equity in Health Care

Our Health Care Group breaks down two California bills (SB 351 and AB 1415) that would regulate private equity’s and hedge funds’ roles in managing health care and dental practices…more

Business Entities, California, Dental Practice, Health Care Providers, Healthcare

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Matthew Newman

Class Action & MDL Roundup 2022 Q3 – Directing Physical Loss and Damage

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2022. In this edition, all dog stairs go to heaven, the Third Circuit resets Article III standing, and…more

401k, Antitrust Litigation, Class Action, Class Certification, Class Members

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Michael Newton

Food & Beverage Digest – December 2023: Only the Finest of Preservatives

In the December edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, states get in on the class action, protein can’t pack a…more

Advertising, Baby Products, Beverage Manufacturers, Class Action, Food Labeling

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Aileen Ng

FSOC Approves Analytic Framework for Financial Stability Risks and Guidance on Nonbank Financial Company Designations

A&B Abstract: On November 3, 2023 the Financial Stability Oversight Council (hereinafter “FSOC” or “Council”) unanimously approved final versions of: (1) the new Analytic Framework for Financial Stability Risk Identification,…more

Banking Regulators, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, Financial Institutions, Financial Services Industry

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Erik Nielsen

Incomplete Cybersecurity Compliance Disclosures May Support Fraud Claim Under the False Claims Act, Federal Court Holds

At the heels of a recent Civil Cyber-Fraud Initiative related to cybersecurity practices and the False Claims Act (FCA), a cybersecurity-related FCA case has survived a motion for summary judgment, teeing up a trial to determine…more

Compliance, Cyber Crimes, Cybersecurity, Data Protection, Data Security

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Anna Nolan

Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Meaghan Nowell

Is “Into the Pipeline” the Equivalent of a Wellhead Valuation? Not So Fast, Says Texas Supreme Court

Our Oil & Gas Team parses a ruling from Texas that reminds courts to look at the entire contract, not just a favorite word or phrase. The parties disagreed about where along the pipeline royalty valuation should occur. The Texas…more

Contract Terms, Mineral Leases, Oil & Gas, Oil Wells, Pipelines

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Scott O'Brien

Enter the Matrix: CFTC’s New Framework for Self-Reporting, Cooperation, and Remediation

Our White Collar, Government & Internal Investigations Group analyzes new enforcement guidance from the Commodity Futures Trading Commission (CFTC) that aims to incentivize self-reporting of potential violations…more

CFTC, Civil Monetary Penalty, Compliance, Corporate Governance, Corporate Misconduct

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Fiona O'Carroll

PFAS Primer Quarterly Update: 2023 Q4 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more…more

CERCLA, Contaminated Properties, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Sarah O'Donohue

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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John O'Hara

BIS Update Wrap: Lutnick Signals Dramatic Increase in Export Enforcement

After three days of informational sessions on multiple regulatory and compliance topics, the Bureau of Industry and Security (“BIS”) wrapped up its annual update conference this week in Washington D.C. Secretary of Commerce…more

Bureau of Industry and Security (BIS), Due Diligence, Enforcement Actions, Export Administration Regulations (EAR), Export Controls

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Hyun Jai Oh

FTC Publishes Amendments to COPPA Rule

On April 22, 2025, the Federal Trade Commission (FTC) published the finalized amendments (Amendments) to the Children’s Online Privacy Protection Rule (COPPA Rule) that would impose additional restrictions on website and online…more

Biometric Information, COPPA, Corporate Counsel, Data Privacy, Data Security

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Kendra Õiglane

President Trump’s Executive Orders on the Environment

Our Environment, Land Use & Natural Resources Group rounds up President Trump’s initial volley of Executive Orders focusing on the environment and energy…more

Climate Change, Energy Policy, Energy Sector, Environmental Policies, Executive Orders

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Arabella Okwara

Trump Administration’s Indirect Cost Guidance’s Impact on NIH and Other Grant Recipients

Our Government Contracts Group examines how companies can prepare for the Trump Administration’s Rate Change Notice despite the uncertainty of the temporary restraining order that put it on hold…more

Breach of Contract, Federal Contractors, Federal Funding, Federal Grants, Government Agencies

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Stephen Ornstein

Governor Moore Signs Legislation Exempting ‘Passive Trusts’ from Licensure in Maryland

Our Financial Services Group reviews the Maryland Secondary Market Stability Act, which overrides the Office of Financial Regulation’s requirement that passive trusts holding Maryland loans in residential mortgage-backed…more

Financial Regulatory Reform, Financial Services Industry, Loans, Maryland, Mortgage Lenders

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Kezia Osunsade

Structured Finance Spectrum - Summer 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures…more

Asset Management, Blockchain, Capital Markets, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Jason Outlaw

Sustainability Spotlight | Q4 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Corporate Governance, Energy Projects, Enforcement Actions, Environmental Social & Governance (ESG), Fossil Fuel

See all updates »

Kaitlin Owen

New Law Limits Damages Plaintiffs Can Seek Under Illinois Biometric Information Privacy Act

A new Illinois law limits the damages plaintiffs can seek under the state’s Biometric Information Privacy Act (BIPA). Our Labor & Employment Group explores the change’s impact on employers…more

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

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Janelle Owusu

The (Bay) State of the Model Money Transmission Modernization Act

Massachusetts has joined the growing list of states that have at least partially adopted the Model Money Transmission Modernization Act. Our Financial Services Group examines the model act, how the Bay State has adopted it, and…more

Anti-Money Laundering, Financial Services Industry, FinTech, Licenses, Money Transmitter

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Elise Paeffgen

Sustainability Spotlight | Q4 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Corporate Governance, Energy Projects, Enforcement Actions, Environmental Social & Governance (ESG), Fossil Fuel

See all updates »

James Paluskiewicz

Potential Medicare Physician Fee Schedule Reform in the Last Weeks of the 118th Congress

A flurry of bills to reform the Medicare Physician Fee Schedule (PFS) faces the lame duck Congress. Our Health Care Group investigates how those reforms could take shape and which, if any, could find their way through the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Lame Duck Session, Legislative Agendas

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Noël Para

Utilization of Electronic Signatures and Records: What You Need to Know

With so many people working from home and the many government-mandated stay-at-home orders during the coronavirus pandemic, it is difficult – if not impossible – to bring people together for an in-person signature. Our Finance…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Electronic Records, Remote Working

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Jonathan Parente

Class Action Roundup: Spring 2016

Welcome to the second 2016 edition of Class Action Roundup! The first quarter of the year witnessed a few key Supreme Court decisions, even with the passing of Justice Scalia, and several settlement cases decided. The issue of…more

Anti-Competitive, Antitrust Litigation, Bank of America, Class Action, Class Certification

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Michael Parisi

IntegraMed and Assignability of Management Services Agreements in Bankruptcy

Our Finance and Financial Restructuring & Reorganization Groups discuss how a recent ruling in the Chapter 7 bankruptcy of a health care management services organization could affect the availability of credit, valuations, and…more

Bankruptcy Court, Chapter 7, Lenders, Private Equity

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Michael Park

CMS Announces New Repayment Terms for Medicare Accelerated and Advance Payment Program Loans

Our Health Care Group details how changes by the Centers for Medicare & Medicaid Services to the AAP loan program delays repayment obligations for all health care providers and suppliers that received AAP loans during the…more

Advanced Payment Program, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Financial Distress

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Samuel Park

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Thomas Parker II

Patent Case Summaries - October 2020 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Generic Drugs, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Bruce Pasfield

EPA Risk Management Program (RMP) Facility Safety Rule Delayed Until Feb. 2019

The effective date of EPA’s Risk Management Program (RMP) Facility Safety Rule has been delayed from June 19, 2017 to February 19, 2019. EPA issued a Final Rule on June 9 explaining that the 20-month delay will “allow EPA to…more

Chemicals, Environmental Protection Agency (EPA), Risk Management

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Apoorva Patel

Recourse Under International Law for Companies Impacted by the Red Sea Attacks and Other Recent Events in Yemen

Our International Arbitration Team breaks down the legal implications of the Houthi attacks on commercial shipping through the Red Sea near Yemen…more

Arbitration, Corporate Counsel, Dispute Resolution, International Arbitration, Maritime Transport

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Devaki Patel

FDA Resolves Semaglutide Shortage: Next Steps for Community Pharmacies, Telehealth Companies, and Other Providers

Now that the shortage of semaglutide injection products has been resolved, the Food and Drug Administration (FDA) will restrict third parties from compounding the drug. Our FDA/Food, Drug & Device and Health Care Groups have…more

Enforcement Actions, Food and Drug Administration (FDA), Health Care Providers, Health Insurance, Life Sciences

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Shaleen Patel

Patent Case Summaries | Week Ending June 21, 2024

Beteiro, LLC v. DraftKings Inc., et al., Nos. 2022-2275, -2277, -2278, -2279, -2281, -2283 (Fed. Cir. (D.N.J.) June 21, 2024). Opinion by Stark, joined by Dyk and Prost. Beteiro owns four related patents directed to devices and…more

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

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Krishna Pathak

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

See all updates »

Chaka Patterson

Collaborating Effectively Within Your Organization During Internal Investigations

Our White Collar, Government & Internal Investigations Team offers effective and actionable best practices for companies to follow in conducting their internal investigations…more

Attorney-Client Privilege, Compliance, Confidential Information, Corporate Culture, Corporate Misconduct

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Catherine Payne

CPSC Recall Snapshot: Senate Commerce Committee Finds “Inappropriate Deference to Industry”

Welcome to the December edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has come under scrutiny this year by some who feel it did not appropriately handle complaints about certain consumer products, prompting an…more

Consumer Product Safety Commission (CPSC), Manufacturers, Product Defects, Product Recalls, Retailers

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Amber Pelot

The Far Unlit Unknown—The IRS Seeks to Define “Political Subdivision”

On February 23, 2016, the Internal Revenue Service (IRS) released proposed regulations providing guidance on the definition of a “political subdivision” under the tax-exempt bond rules. A public hearing is scheduled for June 6,…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Tax-Exempt Bonds

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Kimberly Kiefer Peretti

2025 State Cybersecurity Legislation Focuses on Financial Services

Eight years ago, on March 1, 2017, the New York Department of Financial Services enacted its landmark cybersecurity regulation covering financial services companies, 23 NYCRR Part 500, known as “Part 500.” Part 500 was the first…more

Consumer Lenders, Cybersecurity, Data Breach, Data Security, Financial Institutions

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Wade Perrin

Patent Case Summaries | Week Ending January 10, 2025

Novartis Pharmaceuticals Corp. v. Torrent Pharma Inc., et al., Nos. 2023-2218, -2220, -2221 (Fed. Cir. (D. Del.) Jan. 10, 2025). Opinion by Lourie, joined by Prost and Reyna. The FDA approved a New Drug Application from Novartis…more

Appeals, Claim Construction, FDA Approval, Intellectual Property Litigation, Patent Infringement

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Cara Peterman

Sustainability Spotlight | Q4 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Corporate Governance, Energy Projects, Enforcement Actions, Environmental Social & Governance (ESG), Fossil Fuel

See all updates »

Andrew Petersen

Structured Finance Spectrum – Winter 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the shifting single-family rental landscape, what’s next for EDGAR, and Basel…more

Basel III, Beneficial Owner, Compliance, Consumer Financial Protection Bureau (CFPB), Corporate Transparency Act

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Alexandra Peurach

Payments Docket – December 2024

The latest edition of the Payments Docket, our roundup of key litigation and enforcement involving the payments industry, features why the CFPB’s open banking rule is under fire, a convenience fee that steals your lunch money,…more

Banking Sector, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC)

See all updates »

Robert Phillips Jr.

An Update on the California Consumer Privacy Act and Its Private Right of Action

Though California’s landmark Consumer Privacy Act passed this summer, industry groups and the state’s own attorney general are working to make changes before it can become effective…more

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

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Ryan Philp

Delaware Legislators Swiftly Enact Proposed Changes to Corporate Code

Our Securities Litigation and Securities Groups discuss the final version of Delaware’s SB 21 that brings the most impactful changes to Delaware corporate law in decades…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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Jennifer Pike

New York Passes Health Privacy Law – Your Questions Answered

The New York State legislature passed the Health Information Privacy Act (“NYHIPA”) on January 22, 2025, marking the second state to introduce a comprehensive consumer health data law. If passed, the NYHIPA imposes more…more

Consumer Privacy Rights, Data Privacy, Data Protection, Electronic Protected Health Information (ePHI), Health Insurance Portability and Accountability Act (HIPAA)

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Stuart Plunkett

NCAA in Foul Trouble After Supreme Court Favors Student-Athletes

Wondering what antitrust treatment college sports leagues should receive? There’s a Supreme Court ruling for that. Our Antitrust Team breaks down the Court’s NCAA v. Alston decision and considers its conclusions and…more

College Athletes, Colleges, Compensation, Name and Likeness, NCAA

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Robert Poole II

FTC Enforces New “Made in USA” Labeling Rule for First Time

Our Consumer Protection/FTC Team reviews the Federal Trade Commission’s Made in USA Labeling Rule and the lessons companies can learn from the remedies the FTC sought in its first enforcement action of the rule…more

Advertising, Enforcement Actions, False Advertising, Federal Trade Commission (FTC), Made in the USA

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Edward Poplawski

Intellectual Property Litigation Newsletter | April 2025

Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that written description is required for a preamble, labor or…more

Claim Construction, Intellectual Property Litigation, Inventors, Patent Invalidity, Patent Litigation

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Jason Popp

False Claims Act FY 2024 Update: Increase in Overall Recoveries, Decrease in Whistleblower Awards – Constitutional Questions Abound in FY 2025

Our False Claims Act Team highlights key FCA enforcement trends in 2024, including the continued focus on health care fraud by the Department of Justice (DOJ)…more

Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors, Healthcare Fraud

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Earl Porter, III

How Is COBRA Affected by the COVID-19 Outbreak Period?

The COVID-19 National Emergency hasn’t ended yet, so how do plan sponsors account for certain employee benefit plan time periods lingering since early 2020 due to the Outbreak Period prescribed by the Departments of Treasury and…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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Alice Portnoy

Belgian Data Protection Authority Issues Updated Guidance on Direct Marketing Rules

On March 10, 2025, the Belgian Data Protection Authority (BDPA) updated its 2020 guidance on the processing of personal data for direct marketing purposes (see the updated guidance here in French and in Dutch)…more

Compliance, Consent, Consumer Privacy Rights, Data Privacy, Data Protection

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Tiffany Powers

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Michelle Prendergast

Class Action & MDL Roundup – Q1 2022

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2022. In this edition, COVID cases are still endemic for insurance companies, kids’ contracts are voidable…more

Biometric Information, Class Action, Class Certification, Class Members, Corporate Counsel

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Michael Press

New U.S. Sanctions, Export Controls, and Tariffs Against Russia Mark the One-Year Anniversary of the Russian Invasion of Ukraine

One year later, Russia’s war against Ukraine shows no signs of abating. Our International Trade & Regulatory Group breaks down the latest U.S. sanctions further restraining Russia’s ability to do business with the rest of the…more

Economic Sanctions, Export Controls, Exports, Imports, Russia

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Alan Pryor

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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T.C. Spencer Pryor

FTC at Full Strength Again

Our Consumer Protection/FTC Team examines what the Federal Trade Commission may prioritize now that Chair Lina Khan has her Democratic majority in place…more

Data Privacy, Data Security, Federal Trade Commission (FTC)

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Lucas Queiroz Pires

New U.S. Sanctions, Export Controls, and Tariffs Against Russia Mark the One-Year Anniversary of the Russian Invasion of Ukraine

One year later, Russia’s war against Ukraine shows no signs of abating. Our International Trade & Regulatory Group breaks down the latest U.S. sanctions further restraining Russia’s ability to do business with the rest of the…more

Economic Sanctions, Export Controls, Exports, Imports, Russia

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Melissa Quintana

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Courtney Quirós

Financial Services & Products / Securities Litigation Advisory: Trends in Enforcement and Recommendations on Protecting Financial Institutions

Directors and officers (D&O) insurance liability coverage terms continue to evolve in ways that can be important to directors and officers when lawsuits or investigations against them arise. In his 2022 speech “Reining in Repeat…more

Consumer Financial Protection Bureau (CFPB), Corporate Officers, D&O Insurance, Dodd-Frank, Insurance Industry

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Lydia Rachianioti

EU and UK Strike Deal on Cooperation in Competition Investigations

Our Antitrust Team discusses the intricacies of the upcoming competition cooperation agreement (CCA) between the European Union and UK that will allow better coordination of enforcement of competition laws in parallel…more

Antitrust Provisions, Competition, Competition Authorities, Enforcement Actions, EU

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Alexandra Rajic

In Response to Covid-19, New York Delays and California Does Not Delay Cybersecurity and Privacy Enforcement

CCPA Enforcement Will Not Be Delayed - According to a report from the International Association of Privacy Professionals, the California Attorney General has confirmed that enforcement of the California Consumer Privacy Act…more

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

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Kristi Ramsay

Class Action & MDL Roundup – Q4 2021

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2021. In this edition, the Seventh Circuit shorts out an FCRA suit, a plaintiff just … gives up, and…more

Arbitration, Class Action, Class Certification, Cryptocurrency, Fair Credit Reporting Act (FCRA)

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Caroline Rawls Strumph

False Claims Act FY 2024 Update: Increase in Overall Recoveries, Decrease in Whistleblower Awards – Constitutional Questions Abound in FY 2025

Our False Claims Act Team highlights key FCA enforcement trends in 2024, including the continued focus on health care fraud by the Department of Justice (DOJ)…more

Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA), Federal Contractors, Healthcare Fraud

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J. Mark Ray

Health Care Week in Review: Record-Breaking Marketplace Enrollments and Reproductive Healthcare Actions

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and…more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Food and Drug Administration (FDA)

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Mark Rayder

Potential Medicare Physician Fee Schedule Reform in the Last Weeks of the 118th Congress

A flurry of bills to reform the Medicare Physician Fee Schedule (PFS) faces the lame duck Congress. Our Health Care Group investigates how those reforms could take shape and which, if any, could find their way through the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Lame Duck Session, Legislative Agendas

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Daniel Reach

IRS Releases New Section 83(b) Election Form

Our Federal Tax Group explains the new standardized Form 15620 that taxpayers can use when receiving property that is subject to a “substantial risk of forfeiture.”…more

Capital Gains, Income Taxes, Internal Revenue Code (IRC), IRC Section 83(b), IRS

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John Redding

CFPB Issues Bulletin About Auto Repossession, Congressional Republicans Respond

A&B Abstract: The Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) recently released a Bulletin addressing the repossession of vehicles and alerting market participants to what it views as those market participants’…more

Automotive Loans, CFPB Bulletins, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Motor Vehicles

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Emily Redmerski

Structured Finance Spectrum - July 2019

It’s hot out there and the market’s even hotter! Cool off with the latest issue of the Structured Finance Spectrum, our newsletter featuring what’s new and newsworthy in structured finance. …more

Financial Institutions, Libor, Mortgage Lenders, Mortgage Servicers, Mortgages

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Gavin Reinke

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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William Repko III

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Noelle Reyes

NIST Cybersecurity Framework 2.0 Prioritizes Governance and Flexibility

Earlier this year, the National Institute of Standards and Technology (NIST) issued an update to its Cybersecurity Framework (CSF) with the release of version 2.0, the first update since April 2018 (version 1.1). While the core…more

Cyber Attacks, Cyber Threats, Cybersecurity, Cybersecurity Framework, Data Protection

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Henry Reynolds

Patent Case Summaries | Week Ending April 18, 2025

Recentive Analytics, Inc. v. Fox Corp., et al., No. 2023-2437 (Fed. Cir. (D. Del.) Apr. 18, 2025). Opinion by Dyk, joined by Prost and Goldberg (sitting by designation). Recentive sued Fox for infringing four patents that claim…more

Appeals, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Machine Learning

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Andrew Rice

Last Minute Biden Cybersecurity and Artificial Intelligence Executive Orders Survive Initial Trump Revocations

In the final week of the Biden Administration’s term in office, former President Biden issued two high profile executive orders that could have significant ramifications for the cybersecurity and technology industries. The…more

Artificial Intelligence, Biden Administration, Cybersecurity, Data Security, Department of Defense (DOD)

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Joshua Rice

Patent Case Summaries - December 2022 #1

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Tania Rice

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Emma Rigby

A New UK Tax Regime for Asset Holding Companies

Look out, Luxembourg – the UK is on the verge of a set of preferential tax treatments sure to attract asset holding companies. Our Finance Group highlights what it means for the UK investment funds industry and real estate…more

Corporate Taxes, Holding Companies, Investment Funds, Taxation, UK

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Christopher Riley

Payments Docket – December 2024

The latest edition of the Payments Docket, our roundup of key litigation and enforcement involving the payments industry, features why the CFPB’s open banking rule is under fire, a convenience fee that steals your lunch money,…more

Banking Sector, Buy Now Pay Later (BNPL), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC)

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Mary Riolo

Patent Case Summaries | Week Ending March 7, 2025

Apple Inc., et al. v. Gesture Technology Partners, LLC, Nos. 2023-1475, -1533 (Fed. Cir. (PTAB) Mar. 4, 2025). Opinion by Prost, joined by Moore and Stoll…more

Appeals, Final Written Decisions, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness

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Heather Ripley

Transition Tax Goes to the Supreme Court

The Supreme Court recently granted certiorari in the case Moore v. United States to review a Ninth Circuit Court of Appeals decision affirming application of the “transition tax” under Section 965, enacted as part of the Tax…more

Foreign Corporations, Internal Revenue Code (IRC), Tax Cuts and Jobs Act, Transition Tax

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Grecia Rivas

Affiliation and Control Under SBA

The Paycheck Protection Loan program created by the CARES Act thrust the U.S. Small Business Administration’s complicated size standards into the spotlight for many companies that never before waded into those muddy waters…more

CARES Act, Office of Hearings and Appeals (OHA), Paycheck Protection Program (PPP), SBA

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Hanna Robbins

The First Circuit Has Held That the “But-For” Causation Standard Is Appropriate for Anti-Kickback Statute–Based False Claims Act Allegations

Our Health Care Group discusses a First Circuit case holding that could have a significant impact in establishing “but-for” causation as the majority standard…more

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

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Andrew Roberts

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Rachel Robson

President Trump’s Executive Orders on the Environment

Our Environment, Land Use & Natural Resources Group rounds up President Trump’s initial volley of Executive Orders focusing on the environment and energy…more

Climate Change, Energy Policy, Energy Sector, Environmental Policies, Executive Orders

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Stuart Rogers

Recent Amendments to the Delaware Code Expand Personal Liability Protections to Corporate Officers

Our Securities and Securities Litigation Groups suggest that Delaware companies consider updates to corporate charters following a change in Delaware law allowing companies to exculpate officers…more

Board of Directors, Corporate Charters, Corporate Governance, Delaware, Delaware General Corporation Law

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Samuel Roh

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Bruce Rose

Supreme Court Holds Patent Owners Can Recover Lost Foreign Profits

Our Intellectual Property Group reviews the Supreme Court’s narrow decision ending the nearly decade-long saga of whether manufacturing parts in the U.S. and assembling them overseas can bring recovery of lost profits for the…more

35 U.S.C. § 271(f)(2), 35 U.S.C. § 284, Appeals, Damages, Domestic Injury

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Jody Rosen

A Practical Guide to the SEC’s Private Fund Adviser Rules: Commentary and Industry Insight

In August 2023, the U.S. Securities and Exchange Commission adopted new rules and amendments to rules under the Investment Advisers Act of 1940, as amended, affecting registered and unregistered advisers to private funds. We…more

Asset Management, Audits, Compliance, Final Rules, Financial Services Industry

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Jason Rosenberg

Supreme Court Holds Copyright Holders Can Recover Damages Beyond Three-Year Statute of Limitations

Our Intellectual Property Litigation Group breaks down the U.S. Supreme Court’s Copyright Act ruling that allows plaintiffs to recover damages for infringements that occurred far in the past…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

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Jeffrey Rosenfeld

What Does California Drip-Pricing Law Mean for Retailers?

Our Class Action and State & Local Tax teams answer the questions California’s SB 478 raises about how sellers can present prices to consumers. Advertising, displaying, or offering a price that does not include all “mandatory…more

Advertising, California, CLRA, Compliance, Fees

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Ken Rothenberg

Broadly Syndicated Loans Are Not Securities

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term…more

Distressed Debt, Financial Services Industry, Investors, Loan Documentation, Loans

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Jason Rottner

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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G. Christian Roux

Trump’s Proposed Infrastructure Plan: Is It Much More Than It Seems?

President Trump released his long-awaited infrastructure plan last week, and like most things that come out of the White House, it was overshadowed by the partisan politics that dominate our government. The plan has been decried…more

Federal Funding, Infrastructure, Infrastructure Financing, Public Private Partnerships (P3s), TIFIA

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Katherine Rubschlager

Patent Case Summaries | Week Ending February 7, 2025

HD Silicon Solutions LLC v. Microchip Technology, Inc., No. 2023-1397 (Fed. Cir. (PTAB) Feb. 6, 2025). Opinion by Lourie, joined by Stoll and Cunningham…more

Biotechnology, Claim Construction, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC)

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Jon Ruiss Jr.

Structured Finance Spectrum - Summer 2024

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features the new UK securitization regime, eHELOCs, and climate risk disclosures…more

Asset Management, Blockchain, Capital Markets, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Monica Laredo Ruiz

Patent Case Summaries - June 2021 #2

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Trial and Appeal Board, Patent-Eligible Subject Matter, Patents

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Vickie Chung Rusek

EPA Finalizes Sweeping New Safety Standards and Public Disclosure Requirements for Chemical Accidents

Our Environment, Land Use & Natural Resources Group examines the Safer Communities by Chemical Accident Prevention Rule’s stringent requirements for accident prevention, response, and public disclosure of information…more

Accident Reports, Clean Air Act, Department of Labor (DOL), Final Rules, Hazardous Substances

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David Rusk

LMA Updates Secondary Bank Debt Standard Terms & Conditions to Include EU Bail-In Provisions

Our Distressed Debt & Claims Trading Team discusses how the updates to the Loan Market Association’s Terms and Conditions incorporate European bail-in rules after Brexit. In conjunction with Brexit becoming effective on January…more

Banking Sector, Debt, EU, Loan Market Association, UK Brexit

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Gina Russoniello

A Practical Guide to the SEC’s Private Fund Adviser Rules: Commentary and Industry Insight

In August 2023, the U.S. Securities and Exchange Commission adopted new rules and amendments to rules under the Investment Advisers Act of 1940, as amended, affecting registered and unregistered advisers to private funds. We…more

Asset Management, Audits, Compliance, Final Rules, Financial Services Industry

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Ellie Saathoff

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Hillary Sanborn

Sustainability Spotlight | Q4 2024

Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This…more

Corporate Governance, Energy Projects, Enforcement Actions, Environmental Social & Governance (ESG), Fossil Fuel

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Melissa Sanchez Malpass

DEI in Lending: Are Special Purpose Credit Programs About to DIE?

For the last several years, federal agencies, including the Consumer Financial Protection Bureau (“CFPB”), have been strongly encouraging financial institutions to implement and offer targeted credit assistance to historically…more

Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), ECOA, Executive Orders

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Nadya Sand

Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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Karen Sanzaro

State AGs and Other Stakeholders Weigh In On Proposed COPPA Rule Update

The Federal Trade Commission (FTC) received over 270 comments to its notice of proposed rulemaking (NPRM) for the amendments to the Children’s Online Privacy Protection Rule (COPPA Rule) during the public comment period that…more

Biometric Information, California Privacy Protection Agency (CPPA), COPPA, Data Collection, Federal Trade Commission (FTC)

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Holly Hawkins Saporito

Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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Anna Saraie

Pre-Hire Personality Tests Set Legal Challenges for Employers

Alston & Bird’s Anna Saraie and Martha Doty analyze pre-hire personality testing, including the legal and practical considerations for employers incorporating such testing into their application processes. Whether employees are…more

Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Employer Liability Issues, Employment Discrimination

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Patrick Sargent

New SEC Rule 192: Prohibition Against Conflicts of Interest in Certain Securitizations

Our Finance Group summarizes the Securities and Exchange Commission’s finalized Rule 192 that prohibits conflicts of interest among participants in asset-backed securitizations. - The Dodd–Frank Act prohibits conflicts of…more

Asset-Backed Securities, Conflicts of Interest, Dodd-Frank, Proposed Rules, Regulatory Agenda

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Tamar Sarjveladze

Recourse Under International Law for Companies Impacted by the Red Sea Attacks and Other Recent Events in Yemen

Our International Arbitration Team breaks down the legal implications of the Houthi attacks on commercial shipping through the Red Sea near Yemen…more

Arbitration, Corporate Counsel, Dispute Resolution, International Arbitration, Maritime Transport

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Theodore Sawicki

A New Class Action Theory for Breach of Fiduciary Duty by Brokers Recommending Variable Annuities Is Being Advanced, But Should Not Survive

Our Securities Litigation Group explains how the novel theory from the plaintiffs’ bar to bring a breach of fiduciary duty class action could foreshadow an increase in financial firms’ litigation risk…more

Breach of Duty, Broker-Dealer, Class Action, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Marc Scheineson

Food and Drug Amendments of 2022 (PDUFA VII)

Our FDA and Health Care Policy teams discuss how sponsors and manufacturers can prepare for legislative and regulatory changes that could come from the final Food and Drug Amendments (PDUFA VII) and what companies can do today…more

Food and Drug Administration (FDA), Inspections, Life Sciences, Manufacturers, Medical Devices

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Stephen Schilling Ph.D.

UP and UPC: Changes in European Patent Procedures

This year, patent holders will have a new path to validate (or litigate) their patents in Europe – the unitary patent and Unified Patent Court. Our Intellectual Property Group examines the new mechanism taking shape in nearly…more

EU, Patent Litigation, Patents, Unified Patent Court

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Joanna Schorr

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Class Certification

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Theodore Schroeder

Look Ahead to the Week of March 4: The State of the Union and Government Spending

Look Ahead to the Week of March 4: The State of the Union and Government Spending - Both the Senate and House are in session. This week, Congress will attempt to pass the first tranche of government spending bills after…more

Biden Administration, Cybersecurity, Department of Agriculture, Department of Homeland Security (DHS), Department of Transportation (DOT)

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Eileen Scofield

Court Reinstates TPS for Venezuelans During Pendency of Court Proceedings

Our Immigration Team explores a federal court order that halts the Trump Administration’s move to end temporary protected status (TPS) for Venezuelans in the United States…more

Appeals, Biden Administration, Department of Homeland Security (DHS), Filing Deadlines, Immigration Procedures

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Margaret Ward Scott

Crystal Ball Gazing for the Federal Estate and Gift Tax After 2020 – Should I Act Now?

Death and taxes may be certainties, but the fate of the estate and gift tax after this election is far from it. Our Wealth Planning Team asks the questions that need asking to help you decide how to plan for the future…more

Estate Tax, Gift Tax, Tax Cuts and Jobs Act, Tax Planning, Wealth Management

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Sherry Scrivens

Expanding U.S. Prosecutors’ Anti-Corruption Toolkit: FEPA Is Signed into Law

Signed into law on December 22, 2023, the Foreign Extortion Prevention Act (FEPA) signals a further focus by the U.S. government on anti-corruption enforcement. Our White Collar, Government & Internal Investigations Team…more

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

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Timothy Selby

SEC Cements Expectations for Investment Advisers’ and Investment Companies’ Cyber Preparedness and Disclosure

Our Privacy, Cyber & Data Strategy and Investment Management, Trading & Markets Teams review the Securities and Exchange Commission’s potentially transformative proposed rules that would require registered investment advisers,…more

Comment Period, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Investment Adviser

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Bobbi Jo Shannon

White House Releases Annexes to Reciprocal Tariff Order

Following President Trump’s April 2 press conference and Executive Order imposing additional baseline or reciprocal tariffs on products from all countries, the White House has released Annex I’s list of country-specific…more

Canada, Economic Sanctions, Executive Orders, International Trade, Mexico

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Leigh Shapiro

Class Action & MDL Roundup 2024 Q2 – We Are Administratively Feasible

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2024. In this edition, there can be only one claim form for many, broiler chickens are coming home to roost,…more

Baby Products, Class Action, Class Certification, Class Members, Competition

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Jessica Sharron

Has the Countdown Clock to Eliminate the Federal Small Business Set-Aside and Subcontracting Programs Started?

Our Government Contracts Group discusses what small and large businesses can do to prepare for the potential elimination of federal set-aside and subcontractor preference programs under the Small Business Act (SBA)…more

Discrimination, Diversity and Inclusion Standards (D&I), Executive Orders, Federal Contractors, SBA

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Alex Shattock

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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Emily Shaw

CMS Issues Guidance After Supreme Court Greenlights CMS Health Care Facility Vaccine Mandate, Blocks OSHA Vaccine-or-Test Mandate

In the wake of the Supreme Court’s mixed ruling on federal vaccination mandates, the Centers for Medicare & Medicaid Services has released three separate guidances for three groups of states. Our Labor & Employment and Health…more

Americans with Disabilities Act (ADA), Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Compliance, Compliance Dates

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H. Thomas Shaw

Class Action & MDL Roundup – Summer 2020

Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2020. In this edition, the Judicial Panel on Multidistrict Litigation (JPML) weighed in on several…more

Arbitration, Class Action, Class Certification, Class Members, Coronavirus/COVID-19

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Sierra Shear

Navigating AI-Related Disclosure Challenges: Securities Filing, SEC Enforcement, and Shareholder Litigation Trends

Companies’ accelerating reliance on artificial intelligence (AI) means heightened Securities and Exchange Commission (SEC) and shareholder plaintiff scrutiny. Our Securities Litigation Group underscores what companies need to…more

Artificial Intelligence, Broker-Dealer, Corporate Governance, Disclosure Requirements, Financial Services Industry

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Frank Sheeder

DOJ to Dismiss False Claims Act Lawsuit After Supreme Court Review

An amicus brief in an FCA suit indicates that the government is serious about applying the Granston Memo and invoking its statutory authority to dismiss cases. Our White Collar, Government & Internal Investigations and Health…more

Amicus Briefs, Certiorari, Department of Justice (DOJ), Dismissals, False Claims Act (FCA)

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Oliver Sherman

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal…more

Advertising, Antitrust Litigation, Banks, Biometric Information, Class Action

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Hilla Shimshoni

COVID-19 Impacts on Statutes of Limitations

The wheels of justice haven’t quite ground to a halt, but states are governing their speed while the courts are closed during the coronavirus pandemic. Our Commercial Litigation Team examines how individual states are treating…more

Coronavirus/COVID-19, Judicial Proceedings, Statute of Limitations, Tolling

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Jason Sigalos

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Jeremy Silverman

Alston & Bird 2018 GovCon Briefing and CLE: Washington, D.C.

On October 24, the Government Contracts team at Alston & Bird hosted its inaugural briefing in Washington, D.C. discussing the latest developments and industry updates in the government contracts space. Presenters included Jeff…more

Bid Protests, COFC, Contract Disputes Act, Department of Defense (DOD), Federal Acquisition Regulations (FAR)

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Dorian Simmons

State Regulators Form Privacy Law Implementation and Enforcement Group

Eight state regulators have established a coalition called the Consortium of Privacy Regulators to collaborate on the implementation and enforcement of their privacy laws. According to announcements from the California Privacy…more

California, California Privacy Protection Agency (CPPA), Data Brokers, Enforcement, Enforcement Actions

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Laura Simmons

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Blake Simon

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Richard Simonds Jr.

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Stephen Simrill

“No One Wants to Be Second”: The DOJ’s New Corporate Whistleblower Awards Pilot Program

The DOJ’s much-anticipated corporate whistleblower program is here, making multimillion-dollar financial awards available to eligible individuals who report corporate misconduct. There’s lots in it to digest, and our White…more

Compliance, Corporate Crimes, Corporate Misconduct, Criminal Investigations, Department of Justice (DOJ)

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Abigail Sisson

Delaware Legislators Swiftly Enact Proposed Changes to Corporate Code

Our Securities Litigation and Securities Groups discuss the final version of Delaware’s SB 21 that brings the most impactful changes to Delaware corporate law in decades…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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Bryan Skelton Ph.D.

New Initiatives Benefiting Small Businesses at the U.S. Patent and Trademark Office

Our Intellectual Property Group reviews how a summer rule change from the Small Business Administration dovetails with the newly enacted Unleashing American Innovators Act…more

Corporate Counsel, SBA, Small Business, USPTO

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Samantha Skolnick

Has the Countdown Clock to Eliminate the Federal Small Business Set-Aside and Subcontracting Programs Started?

Our Government Contracts Group discusses what small and large businesses can do to prepare for the potential elimination of federal set-aside and subcontractor preference programs under the Small Business Act (SBA)…more

Discrimination, Diversity and Inclusion Standards (D&I), Executive Orders, Federal Contractors, SBA

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Richard Slowinski

IRS’s Advance Pricing and Mutual Agreement Program Rebounds in 2023: What Is APMA’s Long Game?

APMA set a record for executed advance pricing agreements (APAs), but high processing times and a hefty pending APA inventory continued to challenge APMA in 2023. Our Federal & International Tax Group evaluates trends gleaned…more

Advanced Pricing Agreements, Annual Reports, APMA, IRS, New Guidance

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Bria Smith

Changes to Employer Reporting Requirements Under the ACA

Our Employee Benefits & Executive Compensation Group highlights changes that will make it less burdensome in 2025 for plan sponsors to file Forms 1095-B and 1095-C under the Affordable Care Act…more

Affordable Care Act, Benefit Plan Sponsors, Compensation & Benefits, Employee Benefits, Employer Group Health Plans

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Carolyn Smith

How Is COBRA Affected by the COVID-19 Outbreak Period?

The COVID-19 National Emergency hasn’t ended yet, so how do plan sponsors account for certain employee benefit plan time periods lingering since early 2020 due to the Outbreak Period prescribed by the Departments of Treasury and…more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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Dakota Sneed

Do You Need to Send an Annual Notice to Plan Participants?

If so, you may need to do so by December 1, 2024. Our Employee Benefits & Executive Compensation Group reviews the multiple year-end notices that defined contribution plans must issue to participants…more

401k, Annual Notices, Benefit Plan Sponsors, Compensation & Benefits, Deadlines

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John Snyder

FTC Advances Significant Changes to Premerger Notification Process: Change of Administration Adds New Uncertainty

At long last, the Federal Trade Commission has approved a final rule to expand the pre-merger filling requirements under the Hart-Scott-Rodino (HSR) Act. Our Antitrust and Mergers & Acquisitions teams weigh in…more

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

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Jason Solomon

Debtholders Are Not Entitled to Keep $500 Million Mistakes

Our Finance and Financial Services Litigation Groups examine why the Second Circuit vacated the district court’s ruling that Revlon’s creditors could keep a mistakenly sent $500 million payment…more

Citibank, Creditors, Debtors, Financial Services Industry, Wire Transfers

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Miranda Sooter

Patent Case Summaries | Week Ending April 4, 2025

In re: Forest, No. 2023-1178 (Fed. Cir. (PTAB) Apr. 3, 2025). Opinion by Chen, joined by Taranto and Schall. In 2016, an inventor filed a patent application that claimed priority to an application filed in 1995. The Patent…more

Intellectual Property Protection, Judicial Authority, Obviousness, Patent Applications, Patent Litigation

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Heidi Sorensen

CMS Reverses Course on Medicare Overpayment Rule

The Centers for Medicare & Medicaid Services has proposed to redefine what it means to “identify” a Medicare overpayment. The proposal would remove the requirement that providers, suppliers, managed care organizations, and plan…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Medicare

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Ross Speier

CSBS Releases Cybersecurity Programs to Help Nonbank Financial Services Institutions Improve Cybersecurity Posture

On August 9, 2022, the Conference of State Bank Supervisors (CSBS) released two cybersecurity tools for nonbank financial services institutions to help prepare for state cybersecurity exams and, ultimately, improve cybersecurity…more

CSBS, Cybersecurity, Financial Institutions, Financial Services Industry, NYDFS

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James Spencer

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Angela Spivey

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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Bill Springer

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Brandon Springer

Coronavirus Flash Update - May 2020 #12

Alston & Bird’s Coronavirus Flash provides updates on policy and regulatory actions under consideration across many important industries being monitored by our teams. Links to key government and legal resources are provided…more

CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Food and Drug Administration (FDA)

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Diane Stanfield

Protecting Recoveries in a Pandemic: What Creditors Can Do Right Now

Use this time to prepare. Our Financial Restructuring & Reorganization Group provides proactive steps creditors can take now to prepare for whatever comes after the coronavirus pandemic subsides…more

Borrowers, Coronavirus/COVID-19, Creditors, Debt Collection

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Clifford Stanford

CFPB Finalizes Open Banking Rule on Consumer Financial Data Rights

Our Financial Services Group unpacks the Consumer Financial Protection Bureau’s final rule on consumer financial data rights under Section 1033 of the Dodd–Frank Act…more

Banking Sector, Banks, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Depository Institutions

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Garrett Stanton

PFAS Primer Quarterly Update: 2023 Q4 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS. This quarter, the OMB reviews RCRA and CERCLA PFAS rules, Washington State wants more…more

CERCLA, Contaminated Properties, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Killian Steer

Patent Case Summaries | Week Ending March 28, 2025

Wash World Inc. v. Belanger Inc., No. 2023-1841 (Fed. Cir. (E.D. Wis.) Mar. 24, 2025). Opinion by Stark, joined by Lourie and Prost. Belanger sued Wash World for infringement of a patent related to a spray type car wash…more

Appeals, Claim Construction, Damages, Obviousness, Patent Infringement

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Bria Stephens

Class Action & MDL Roundup – Fall 2021

In the fall edition of the Class Action & MDL Roundup, covering notable class actions from the third quarter of 2021, a marriage nearly tears apart a certified class, insurers are vaccinated against more COVID-19 suits, and…more

Class Action, Class Certification, Class Members, Coronavirus/COVID-19, Corporate Counsel

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M. Scott Stevens

Patent Case Summaries | Week Ending May 3, 2024

Intellectual Tech LLC v. Zebra Technologies Corp., No. 2022-2207 (Fed. Cir. (W.D. Tex.) May 1, 2024). Opinion by Prost, joined by Taranto and Hughes. Intellectual Tech (IT) sued Zebra for patent infringement. Zebra moved to…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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David Stewart

Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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Albert Stieglitz, Jr.

FinCEN Issues Geographic Targeting Order for U.S. Southwestern Border

Our Financial Services and White Collar, Government & Internal Investigations Groups unpack the Financial Crimes Enforcement Network’s new geographic targeting order aimed at combatting money laundering and other illegal…more

Anti-Money Laundering, Bank Secrecy Act, Compliance, Financial Services Industry, FinCEN

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Robert Stone

Health Care Week in Review | President Trump Announces Actions to Lower Drug Prices; Trump Administration Initiates Section 232 Investigation on Pharmaceuticals

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Health Care Providers

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Troy Stram

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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Ellie Studdard

Class Action & MDL Roundup 2023 Q1 – We Don’t Discount Confidentiality

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2023. In this edition, in pork we antitrust, paid time off is not pay, and if it’s free, it won’t cost you…more

Antitrust Litigation, Arbitration Agreements, Class Action, Class Certification, Class Members

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Darlena Subashi

Patent Case Summaries | Week Ending April 12, 2024

Salix Pharmaceuticals, Ltd., et al. v. Norwich Pharmaceuticals Inc., Nos. 2022-2153, 2023-1952 (Fed. Cir. (D. Del.) Apr. 11, 2024). Opinion by Lourie, joined by Chen. Opinion dissenting-in-part by Cunningham…more

Abbreviated New Drug Application (ANDA), Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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William Sugden

To Delete or Not to Delete: Can 23andMe Really Sell Genetic Data Via Bankruptcy?

On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people. This has led to…more

23andMe, Bankruptcy Code, Chapter 11, Consumer Privacy Rights, Data Privacy

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Sean Sullivan

FDA Resolves Semaglutide Shortage: Next Steps for Community Pharmacies, Telehealth Companies, and Other Providers

Now that the shortage of semaglutide injection products has been resolved, the Food and Drug Administration (FDA) will restrict third parties from compounding the drug. Our FDA/Food, Drug & Device and Health Care Groups have…more

Enforcement Actions, Food and Drug Administration (FDA), Health Care Providers, Health Insurance, Life Sciences

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James Sullivan Jr.

Investment Management, Trading & Markets Advisory: Annual CPO or CTA Exemption or Exclusion Affirmations Due by February 29, 2016; Filings Now Accepted

Any firm that is currently claiming certain exemptions or exclusions from registration with the Commodity Futures Trading Commission (CFTC) as a commodity pool operator (CPO) or commodity trading advisor (CTA) is required to…more

CFTC, Commodity Trading Advisors (CTAs), CPOs, Exemptions, NFA

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Andrew Sumner

Delaware Legislators Swiftly Enact Proposed Changes to Corporate Code

Our Securities Litigation and Securities Groups discuss the final version of Delaware’s SB 21 that brings the most impactful changes to Delaware corporate law in decades…more

Board of Directors, Controlling Stockholders, Corporate Governance, Delaware, Delaware General Corporation Law

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Mitra Surrell

Investment Management, Trading & Markets Advisory: Annual CPO or CTA Exemption or Exclusion Affirmations Due by February 29, 2016; Filings Now Accepted

Any firm that is currently claiming certain exemptions or exclusions from registration with the Commodity Futures Trading Commission (CFTC) as a commodity pool operator (CPO) or commodity trading advisor (CTA) is required to…more

CFTC, Commodity Trading Advisors (CTAs), CPOs, Exemptions, NFA

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Christian Sweeney

Supreme Court Wrestles with Scope of Attorney-Client Privilege

A&B Abstract: On Monday, January 9, 2023, the United States Supreme Court heard argument in a case with potentially major implications for companies and individuals alike…more

Attorney-Client Privilege, Confidential Communications, Privileged Communication, SCOTUS

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Peter Swire

CBDF Research Fellow Theodore Christakis Publishes Study on Cross-Border Data Transfers and the EU’s “Zero Risk” Approach

Theodore Christakis, Professor of International Law at the University Grenoble Alpes and Senior Fellow and Director of Research for Europe at the Cross-Border Data Forum, has published a new comprehensive analysis on…more

Cross-Border Transactions, Data Protection, Data Transfers, EU, General Data Protection Regulation (GDPR)

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Doug Taber

Structured Finance Spectrum – January 2021

Moving on from 2020 and building up for 2021. Read our Structured Finance Spectrum, covering safe harbors & remedies, CLOs & QMs, and passive & ESG investing, among other hot-topic issues in the structured finance markets in the…more

Bankruptcy Code, Debt Collection, Debtors, Environmental Social & Governance (ESG), Financial Institutions

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Edward Tanenbaum

Supreme Court Holding Adds Complexity to Estate Planning

Keeping it in the family just got more complicated. Our Tax Group studies a Supreme Court decision that left a family with an unexpected estate tax liability related to a share redemption agreement…more

C-Corporation, Connelly v United States, Estate Planning, Estate Tax, Fair Market Value

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Lance Taubin

Cybersecurity Controls: What Do Regulators Expect Nowadays?

Our Privacy, Cyber & Data Strategy Team highlights the increasingly specific cybersecurity controls identified by regulators, explains why these enhanced cybersecurity controls have become the focus of regulators, and shares…more

Cybersecurity, Data Security, Employee Training, Enforcement Actions, Multi-Factor Authentication

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Phillip Taylor

Structured Finance Spectrum - Summer 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class…more

Banking Sector, Bankruptcy Court, Banks, Borrowers, Consumer Financial Products

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Tamara Tenney

States May Be Looking to Balance Budgets on the Backs of Medicaid Health Plan Reserves

As state governments look for ways to cover their budgetary shortfalls, Medicaid managed care organizations (MCOs) are an attractive target for cash-strapped states because many MCOs have accumulated “Medicaid savings” through…more

Centers for Medicare & Medicaid Services (CMS), GAO, MCOs, Medicaid, OIG

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David Teske

New National Cybersecurity Strategy Seeks to Hold Technology Companies Accountable

Our Intellectual Property Group discusses the potential regulatory implications of the Biden Administration’s National Cybersecurity Strategy and the important open questions that remain…more

Biden Administration, Cybersecurity, Data Protection, Data Security, Popular

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Alexandra Theofanis

Land Use Matters February 2025 | CEQA Appellate Decisions & Other Legal Developments

Los Angeles County - Executive Order Streamlines Path to Rebuild Homes, Businesses, and Communities Destroyed by Los Angeles Firestorms - In response to the multiple firestorms in Los Angeles County that started on January 7,…more

Appeals, California, CARB, CEQA, Coastal Real Estate

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Michael Thimmig

Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our…more

Consumer Financial Protection Bureau (CFPB), Debtors, Financial Services Industry, FIRREA, Foreclosure

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Ty Thomas

Patent Case Summaries | Week Ending October 18, 2024

UTTO Inc. v. Metrotech Corp., No. 2023-1435 (Fed. Cir. (N.D. Cal.) Oct. 18, 2024). Opinion by Taranto, joined by Prost and Hughes. UTTO owns a patent directed to detecting and identifying underground utility lines, which the…more

Claim Construction, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Allison Thompson

Class Action Roundup: Spring 2016

Welcome to the second 2016 edition of Class Action Roundup! The first quarter of the year witnessed a few key Supreme Court decisions, even with the passing of Justice Scalia, and several settlement cases decided. The issue of…more

Anti-Competitive, Antitrust Litigation, Bank of America, Class Action, Class Certification

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Chris Thomson

38 Attorneys General Ask SCOTUS to Determine the CFPB’s Fate

A&B Abstract: In November, the Consumer Financial Protection Bureau (“CFPB”) filed a petition for a writ of certiorari in connection with the Fifth Circuit’s recent decision in Community Financial, which held that the CFPB’s…more

Amicus Briefs, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Petition for Writ of Certiorari, SCOTUS

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Glenn Thomson

The Far Unlit Unknown—The IRS Seeks to Define “Political Subdivision”

On February 23, 2016, the Internal Revenue Service (IRS) released proposed regulations providing guidance on the definition of a “political subdivision” under the tax-exempt bond rules. A public hearing is scheduled for June 6,…more

Internal Revenue Code (IRC), IRS, Proposed Regulation, Tax-Exempt Bonds

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Rosemarie Thurston

Deadline for Reg BI and Form CRS Compliance Remains on Track

Our Financial Services & Products Group reports on the Securities and Exchange Commission’s decision not to grant an extension for complying with Regulation Best Interest and Form CRS despite the coronavirus pandemic. -…more

Deadlines, Filing Deadlines, Form CRS, Regulation BI, Securities and Exchange Commission (SEC)

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Lauren Timmons

Mark This Down – May 2020

Welcome to the latest edition of Mark This Down, a collection of articles highlighting some of the hottest stories in the world of trademarks. In this edition, we cover how Brexit will affect your UK trademarks, who got lucky…more

Copyright, Copyright Infringement, Trademark Infringement, Trademark Litigation, Trademark Registration

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Christopher TL Douglas

PTAB Overhaul Coming? SCOTUS Speaks in Arthrex

The U.S. Supreme Court preserved inter partes review proceedings before the Patent Trial and Appeal Board by bringing the USPTO director into the mix. Our Intellectual Property Group examines the decision, its impact on current…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Executive Branch, Executive Powers

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Keri Tonn

HHS-OIG Publishes Resource on Compliance Program Effectiveness

On March 27, 2017, the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) announced a 52-page resource guide, Measuring Compliance Program Effectiveness: A Resource Guide, aimed at helping…more

Department of Health and Human Services (HHS), Health Care Providers, OIG

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Luke Trompeter

The Longer Term Does Arrive over Time—Financial Services Regulators and Investors Gearing Up for Climate Change Reforms

Swans can be white or black or … green? Our Financial Services & Products and Securities Groups consider climate change and environmental, social, and governance (ESG) expectations for financial services firms and highlight five…more

Banking Regulators, Banks, CFTC, Climate Change, Environmental Social & Governance (ESG)

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Kristen Truver

Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our…more

Consumer Financial Protection Bureau (CFPB), Debtors, Financial Services Industry, FIRREA, Foreclosure

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Timothy Trysla

Health Care Week in Review | President Trump Announces Actions to Lower Drug Prices; Trump Administration Initiates Section 232 Investigation on Pharmaceuticals

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Health Care Providers

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Andrew Tuck

Insurance Insights for the Cold, Dark Winter Nights

Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s…more

Business Interruption, California, Class Action, Class Certification, Coronavirus/COVID-19

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Shawna Tunnell

IRS Provides Partnerships a Mechanism to Claim Benefit of Retroactive CARES Act Provisions

Our Federal Tax Group explains new IRS relief that permits partnerships to file amended returns for their 2018 and 2019 taxable years to claim the benefit of retroactive provisions in the Coronavirus Aid, Relief, and Economic…more

CARES Act, IRS, Revenue Procedures

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Jaime Turcios Zacarias

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Matthew Turk

Patent Case Summaries | Week Ending January 12, 2024

Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., Nos. 2022-1410, -1554 (Fed. Cir. (PTAB) Jan. 9, 2024). Opinion by Taranto, joined by Prost and Hughes. PacBio filed two petitions for IPR, each seeking…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Yin Tydir

CPPA Opens Formal Public Comment Period for CCPA Proposed Regulations

On November 22, 2024, the California Privacy Protection Agency (the “CPPA”) issued a Notice of Proposed Rulemaking and opened the formal comment period for its proposed regulations on updates to existing California Consumer…more

California Privacy Protection Agency (CPPA), Cybersecurity, NPRM, Proposed Regulation, Public Comment

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Nathan Tyre

FDIC Proposes Rule to Establish Custodial Account Recordkeeping Requirements

Our Financial Services Team studies the Federal Deposit Insurance Corporation’s plans to require insured depository institutions (IDIs) to keep specific records so that they know the actual owner of deposits placed by fintechs…more

Beneficial Owner, Deposit Accounts, FDIC, Financial Services Industry, FinTech

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Rebecca Valentino

SEC Cracks Down on Individuals and Entities for Failure to Timely File Beneficial Ownership and Insider Trading Reports

Our Securities Group weighs in on the settlement by the Securities and Exchange Commission with 23 separate entities and individuals for alleged violations involving the failure to timely report ownership information…more

Beneficial Owner, Business Entities, Business Ownership, Enforcement Actions, Reporting Requirements

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Yung Shin Van Der Sype

EDPB Issues Draft Guidelines on the Calculation of Administrative Fines

On May 16, 2022, the European Data Protection Board (‘EDPB’) published draft regulatory guidelines (‘draft guidance’) on the calculation of administrative fines for infringements of the EU General Data Protection Regulation…more

Administrative Fines, Data Breach, Data Privacy, Data Protection, EU

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Caitlin Van Hoy

Class Action & MDL Roundup – Fall 2019

Welcome back to the Class Action & MDL Roundup! Our fall edition covers notable class actions from the third quarter of 2019. The circuit courts were busy with class actions in the third quarter. Appellate judges were able to…more

Apple, Class Action, Class Certification, Corporate Counsel, Decertification

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Samantha Van Winter

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Heeth Varnedoe

Food & Beverage Digest – Spring 2024: Juicier Than Ever

In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real cheese…more

Beverage Manufacturers, Class Action, Dietary Supplements, False Advertising, Food and Drug Administration (FDA)

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David Venderbush

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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Santi Villar

Declassified Intelligence Community Letters Highlight Importance of Monitoring Outbound Data Flows

On January 25, 2024, Senator Ron Wyden (D-OR) released documents that confirm U.S. intelligence agencies are purchasing location and other sensitive personal information from data brokers without the consent of the data…more

Data Brokers, Federal Trade Commission (FTC), Location Data, National Security, National Security Agency (NSA)

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James Vincequerra

Structured Finance Spectrum - February 2019

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our…more

Consumer Financial Protection Bureau (CFPB), Debtors, Financial Services Industry, FIRREA, Foreclosure

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Anna von Spakovsky

To Delete or Not to Delete: Can 23andMe Really Sell Genetic Data Via Bankruptcy?

On March 23, 2025, 23andMe Holding Co. (“23andMe”) filed for bankruptcy in the Eastern District of Missouri, potentially setting in motion the sale of genetic data collected from more than 15 million people. This has led to…more

23andMe, Bankruptcy Code, Chapter 11, Consumer Privacy Rights, Data Privacy

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Shannon Vreeland

EPA Seeks Input on Launch of New Label Program for Low Embodied Carbon Construction Materials – More Than $2 Billion in Federal Spending at Stake

Our Environmental, Social & Governance (ESG), Government Contracts, and Construction groups examine the Environmental Protection Agency’s latest labeling program to help the federal government reach its goal of net-zero…more

Carbon Emissions, Environmental Protection Agency (EPA), Environmental Social & Governance (ESG), Global Warming, Inflation Reduction Act (IRA)

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Tyler Wagner

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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Amanda Waide

Class Action & MDL Roundup 2022 Q2: Directing physical loss and damage

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2022. In this edition, fail-safe classes fail, consumers smoke a motion to dismiss, and you can’t bring it…more

Antitrust Litigation, Class Action, Class Certification, Class Members, Data Breach

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Jason Waite

Importers Challenge Reciprocal Tariffs in Court of International Trade

Monday, a group of five plaintiffs filed an action in the Court of International Trade (“CIT”) asking the court to enjoin and declare illegal the reciprocal tariffs imposed under Executive Order 14257 (April 2, 2025) and…more

Constitutional Challenges, Court of International Trade, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)

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Elizabeth Walker

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Kyle Wallace

Class Action & MDL Roundup – Summer 2020

Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2020. In this edition, the Judicial Panel on Multidistrict Litigation (JPML) weighed in on several…more

Arbitration, Class Action, Class Certification, Class Members, Coronavirus/COVID-19

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Jacob Walpert

Structured Finance Spectrum – January 2020

New year … new market? Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. …more

Bankruptcy Code, Consumer Financial Protection Bureau (CFPB), Debtors, Fintech Charter, Leveraged Buyout

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Courtney Walter

Opportunity for Comment: H-2a Wage Methodology Notice of Proposed Rulemaking

What will the Department of Labor’s new proposal changing the methodology used to set the adverse effect wage rate in the H-2A visa program mean to agricultural employers? Members of our Agricultural Legislative & Public Policy…more

Agricultural Workers, Department of Labor (DOL), Foreign Workers, H-2A, NPRM

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Jenny Jieru Wang

Patent Case Summaries - June 2023 #3

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Patent Litigation, Patent Trial and Appeal Board, Patents, Post-Grant Review

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Andrea Warren

Land Use Matters: December 2021

Los Angeles Department of City Planning - New City Planning Application Fees Take Effect on December 27, 2021 - In the fall, the Los Angeles City Council approved a comprehensive update to the Department of City Planning’s…more

California, CEQA, City Planning Departments, Community Development, Environmental Impact Report (EIR)

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Austin Weatherly

Supreme Court Holds Copyright Holders Can Recover Damages Beyond Three-Year Statute of Limitations

Our Intellectual Property Litigation Group breaks down the U.S. Supreme Court’s Copyright Act ruling that allows plaintiffs to recover damages for infringements that occurred far in the past…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

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Nicole Weeks

Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action

On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its…more

Class Action, Data Collection, Web Tracking, Website Owner Liability, Websites

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Kenneth Weigel

Congressional Compromise Means Importers Should Start Preparing for New Xinjiang Forced Labor Legislation

Congress announced a compromise on the Uyghur Forced Labor Prevention Act this week, and the House passed the bill last night. Our International Trade & Regulatory Group details the bill’s enforcement strategy requirements and…more

China, Customs and Border Protection, Enforcement Actions, Forced Labor, Importers

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Nanci Weissgold

DEI in Lending: Are Special Purpose Credit Programs About to DIE?

For the last several years, federal agencies, including the Consumer Financial Protection Bureau (“CFPB”), have been strongly encouraging financial institutions to implement and offer targeted credit assistance to historically…more

Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), ECOA, Executive Orders

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John Weitnauer

Bankruptcy & Financial Restructuring Advisory: Delaware District Court Affirms Bankruptcy Court’s Ruling Allowing Debtor to Sidestep a “Make-Whole” Payment

The U.S. District Court for the District of Delaware recently affirmed the bankruptcy court’s ruling in the Energy Future Intermediate Holding (EFIH) case finding that the debtor was not required to pay a $431 million…more

Acceleration, Bonds, Commercial Bankruptcy, Debtors, Make-Whole Premium

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Matthew Welch

Patent Case Summaries | Week Ending June 28, 2024

Amarin Pharma, Inc., et al. v. Hikma Pharmaceuticals USA Inc., et al., No. 2023-1169 (Fed. Cir. (D. Del.) June 25, 2024). Opinion by Lourie, joined by Moore and Albright (sitting by designation). Amarin markets and sells…more

Abbreviated New Drug Application (ANDA), Food and Drug Administration (FDA), Generic Drugs, Intellectual Property Protection, Life Sciences

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Amanda Newton Wellen

For Your Consumption – March 2025: Always Reading the Tea Leaves

In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal…more

Advertising, Agribusiness, Beverage Manufacturers, Class Action, Consumer Protection Laws

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David Wender

Bankruptcy Court Finds Federal Judgment Rate Applies to Postpetition Interest

Our Financial Restructuring & Reorganization Group analyzes a federal bankruptcy court ruling that sides with PG&E over noteholders in a dispute worth more than $500 million in potential interest payments. …more

Bankruptcy Code, Chapter 11, Creditors, PG&E

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Kerry Wenzel

SEC Cracks Down on Individuals and Entities for Failure to Timely File Beneficial Ownership and Insider Trading Reports

Our Securities Group weighs in on the settlement by the Securities and Exchange Commission with 23 separate entities and individuals for alleged violations involving the failure to timely report ownership information…more

Beneficial Owner, Business Entities, Business Ownership, Enforcement Actions, Reporting Requirements

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Matthew Wickersham

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Kaelyne Yumul Wietelman

Class Action & MDL Roundup – Summer 2020

Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2020. In this edition, the Judicial Panel on Multidistrict Litigation (JPML) weighed in on several…more

Arbitration, Class Action, Class Certification, Class Members, Coronavirus/COVID-19

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Christopher Williams

The Race is On: DOJ's Criminal Division the Latest to Offer Non-Prosecution Deals to Whistleblowers

Our White Collar, Government & Internal Investigations Group investigates the latest federal whistleblower program, which offers individuals yet another avenue to report corporate misconduct…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Fraud

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Geoffrey Williams

Bankruptcy Court Finds Federal Judgment Rate Applies to Postpetition Interest

Our Financial Restructuring & Reorganization Group analyzes a federal bankruptcy court ruling that sides with PG&E over noteholders in a dispute worth more than $500 million in potential interest payments. …more

Bankruptcy Code, Chapter 11, Creditors, PG&E

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Peter Williams

Structured Finance Spectrum – February 2022

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features analysis of how the market continues to swipe left on LIBOR but isn’t ready to…more

Collateralized Loan Obligations, Commercial Leases, Corporate Finance, Financial Institutions, FinTech

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Valarie Williams

Below-Cost Pricing Can Cost You

Raising your prices too high during an emergency can get you in trouble – but so can dropping them too low once the emergency is over. Our Antitrust Team highlights a pair of court cases featuring state laws prohibiting…more

Below-Cost Pricing, Competition, Gas Stations, Retailers, Small Business

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E. Miller Williams, Jr.

Diving into IRS’s Annual Report on Advance Pricing Agreements: Can APMA Overcome Its Sisyphean Task?

Despite adding personnel and making a concerted effort to speed up the advance pricing agreement process, the Advance Pricing and Mutual Agreement Program (APMA) faces challenges with the mounting demand. Our International Tax…more

Advance Pricing Agreements, Advance Pricing Arrangement Program, Annual Reports, Coronavirus/COVID-19, IRS

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R. Mark Williamson

Supreme Court Holding Adds Complexity to Estate Planning

Keeping it in the family just got more complicated. Our Tax Group studies a Supreme Court decision that left a family with an unexpected estate tax liability related to a share redemption agreement…more

C-Corporation, Connelly v United States, Estate Planning, Estate Tax, Fair Market Value

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Richard Willis

UK Treasury Moves Forward with Plans to Regulate Stablecoins for Payments

Our Financial Services & Products London Team examines the UK’s foray into the regulation of cryptoassets in its effort to be ‘a global hub’ for crypto-companies…more

Cryptoassets, Distributed Ledger Technology (DLT), Financial Conduct Authority (FCA), Financial Markets, Financial Transactions

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J. Eric Wise

Structured Finance Spectrum – February 2023

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal of…more

Appraisal, Asset Management, Banking Sector, Bias, Blockchain

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David Wohlstadter

New York Appellate Court Upholds Plain Meaning of Reserve Provision in CMBS Loan Agreement

On October 24, 2017, a New York appeals court unanimously affirmed dismissal of a CMBS borrower’s lawsuit concerning the interpretation of a reserve provision in a commercial loan agreement. The dispute concerned the…more

Borrowers, CMBS, Lenders, Loan Agreements

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Benjamin Wolf

Commerce Seeks Comments on Section 232 Pharmaceutical Investigation

Yesterday, April 16, 2025, the Bureau of Industry and Security (BIS), a bureau within the U.S. Department of Commerce, published a “Notice of Request for Public Comments on Section 232 National Security Investigation of Imports…more

Bureau of Industry and Security (BIS), Drug Pricing, Imports, National Security, Pharmaceutical Industry

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Seaira Wolf

Structured Finance Spectrum – January 2021

Moving on from 2020 and building up for 2021. Read our Structured Finance Spectrum, covering safe harbors & remedies, CLOs & QMs, and passive & ESG investing, among other hot-topic issues in the structured finance markets in the…more

Bankruptcy Code, Debt Collection, Debtors, Environmental Social & Governance (ESG), Financial Institutions

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Jong Ho "Philip" Won, Ph.D.

Addressing Data Integrity Challenges in Medical Device Submissions

The Food and Drug Administration’s (FDA) recent rejection of all study data from Mid-Link Testing highlights the importance of using reliable, valid data for medical device premarket submissions. Our FDA/Food, Drug & Device Team…more

Audits, Compliance, Data Integrity, Food and Drug Administration (FDA), Healthcare

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Kelsey Wong

California Supreme Court Upholds Worker-Friendly Evidentiary Standard for Whistleblower Retaliation Suits

Our Labor & Employment Group reviews a California Supreme Court decision that makes it more difficult for employers to dispose of whistleblower retaliation claims. The case centers on the proper method for presenting and…more

CA Supreme Court, Discrimination, Evidentiary Standards, McDonnell Douglas Formula, Retaliation

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Henry Woods

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS…more

CERCLA, Contamination, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Kyle Woods

Department of Labor’s Temporary Policy Allows Voluntary Escheatment of Certain Retirement Benefits

In this article, the authors delve into the Department of Labor’s temporary ERISA enforcement policy for unclaimed retirement benefit payments of $1,000 or less. The Department of Labor (DOL) has announced a temporary…more

401k, Beneficiaries, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Ian Wright

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive…more

Affirmative Action, Civil Rights Act, Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ)

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Karlee Wroblewski

Patent Case Summaries | Week Ending March 7, 2025

Apple Inc., et al. v. Gesture Technology Partners, LLC, Nos. 2023-1475, -1533 (Fed. Cir. (PTAB) Mar. 4, 2025). Opinion by Prost, joined by Moore and Stoll…more

Appeals, Final Written Decisions, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness

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Matthew Wrysinski

Federal Reserve Revises Main Street Lending Program, Adds Third Option

Two loan options in the Main Street Lending Program simply weren’t enough to meet the purpose of the CARES Act, so the Fed created a third. Our Finance Group charts a course through all three and explains how the Fed has…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Lending Programs, Relief Measures

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Heather Wyckoff

Structured Finance Spectrum – Winter 2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project…more

Asset Management, Business Development Companies, Capital Investments, Capital Markets, Consumer Financial Products

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Eric Xie

“Reciprocal Tariffs” Have Landed

On April 2, 2025, the proclaimed tariff “Liberation Day,” President Trump announced his “reciprocal tariffs” actions from the Rose Garden at the White House. Invoking his authority under the International Emergency Economic…more

Canada, Economic Sanctions, Executive Orders, Imports, International Emergency Economic Powers Act (IEEPA)

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Marilyn Yager

Coronavirus Flash Update: August 2020 #3

This is the final regular edition of Alston & Bird’s Coronavirus Flash Update, the 47th. UPDATED 9:00 AM ET ON MONDAY, AUGUST 17, 2020 - The Latest News - U.S. COVID-19 cases exceed 5,374,002 and 168,690 U.S. deaths. (Source:…more

CARES Act, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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Chunlian Yang

Commerce Seeks Comments on Section 232 Investigation of Semiconductors

The Department of Commerce’s Bureau of Industry and Security (“BIS”) has initiated a Section 232 investigation of imports of semiconductors and semiconductor manufacturing equipment. According to the Federal Register notice…more

Bureau of Industry and Security (BIS), Comment Period, Executive Orders, Imports, National Security

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Zimu Yang

FDA Extends Pause on Non-mission-critical Domestic Surveillance inspections to February 4 – Medical Products Supply Chain Week in Review

In this week’s issue, OSHA withdrew its emergency temporary standard (ETS), which required a mandatory vaccination policy for large private employers with an exception for employers that adopt a policy requiring mandatory…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Cybersecurity, Department of Health and Human Services (HHS)

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Alexander Yanos

Recourse Under International Law for Companies Impacted by the Red Sea Attacks and Other Recent Events in Yemen

Our International Arbitration Team breaks down the legal implications of the Houthi attacks on commercial shipping through the Red Sea near Yemen…more

Arbitration, Corporate Counsel, Dispute Resolution, International Arbitration, Maritime Transport

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Joseph Yesutis

New York Appeals Court Rules Daily Fantasy Sports Is Unconstitutional Gambling

A 2018 U.S. Supreme Court ruling opened the door to sports wagering, but individual state constitutions have created a patchwork of state gaming laws…more

Fantasy Sports, Gambling, Sports Betting, Sports Gambling

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Joon Yoo

Transition Tax Goes to the Supreme Court

The Supreme Court recently granted certiorari in the case Moore v. United States to review a Ninth Circuit Court of Appeals decision affirming application of the “transition tax” under Section 965, enacted as part of the Tax…more

Foreign Corporations, Internal Revenue Code (IRC), Tax Cuts and Jobs Act, Transition Tax

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Deborah Yoon Jones

NCAA President Proposes New Model for College Athletics

The rise of superconferences may not be the only sea change in Division I college athletics. Our Education Team tackles the NCAA president’s attempt to address how schools cater to their student-athletes’ ability to cash in on…more

College Athletes, Colleges, NCAA, Student Athletes, Universities

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Morey Barnes Yost

Consumer Finance State Roundup

The latest edition of the Consumer Finance State Roundup highlights recently enacted measures of potential interest from three states: Arkansas: House Bill 1184, which we expect to take effect on or about August 8, amends the…more

Consumer Financial Products, Consumer Protection Laws, Lenders, Mortgage Lenders, Mortgages

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Jacob Young

Patent Case Summaries - March 2023 #2

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Trial and Appeal Board, Patents

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Nick Young

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new evidence,…more

Advertising, Appeals, Class Action, Class Certification, Class Members

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Ashley Yull

FDA Seeks to Reform Approach to Regulation of Ingredients Used in Animal Food

With the memorandum of understanding between the Food and Drug Administration (FDA) and the Association of Animal Feed Control Officials (AAFCO) set to expire, the FDA is proposing an alternative path to market for the…more

Agribusiness, Agricultural Sector, Animal Food, Food and Drug Administration (FDA), Memorandum of Understanding

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Krupa Zachariah

FDA Proposes to Overhaul Labeling Requirements for Approved or Conditionally Approved New Animal Drugs

Nearly five decades after the FDA last reorganized animal drug labeling regulations, the agency has released a proposal to revise the requirements for the content and format of labeling for approved or conditionally approved new…more

Animal Drugs, Animal Health, Biologics, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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John Zarrilli

The Jury Is Out No More: Supreme Court Curbs SEC’s In-House Authority, with Implications for Other Agencies

The U.S. Supreme Court’s Jarkesy decision dealt a blow to the Securities and Exchange Commission’s (SEC) in-house adjudication system. Our team analyzes the decision and its potential impact on other federal agencies…more

Administrative Authority, Administrative Proceedings, Jury Trial, SCOTUS, SEC v Jarkesy

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Qingyin Zhao

California Attorney General Launches CCPA Investigative Sweep for Employers

On July 14, 2023, California Attorney General Rob Bonta launched investigations into large California employers regarding their compliance with the California Consumer Privacy Act (the “CCPA”) as it relates to their processing…more

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

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Kalina Zhong

PFAS Primer Quarterly Update: 2024 Q1 – Setting the PFAS Standard

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA proposes rules for RCRA, more states seek to ban PFAS in products, and science may…more

Contamination, Disclosure Requirements, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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