Author Info for Vedder Price

Krishna Akarapu

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

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Jeremy Alexander

New Oregon Law Imposes Significant Corporate Practice of Medicine Restrictions

On June 9, 2025, Oregon Governor Tina Kotek signed into law Senate Bill 951 (the “2025 Act”). Unlike California’s AB 3129, which was vetoed by California Governor Gavin Newsom in September 2024, the passage of the 2025 Act is…more

Acquisitions, Contract Terms, Corporate Practice of Medicine, Health Care Providers, New Legislation

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Rouzbeh Alipour

IRS Targets High-Income Non-Filers

High-income non-filers are being contacted by the Internal Revenue Service (“IRS”) about their tax noncompliance. The IRS announced on February 29, 2024 a new enforcement campaign focused on taxpayers at the high-end of the…more

Income Taxes, IRS, Tax Liability, Tax Planning, Tax Returns

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Daniel Alonso

DOJ Issues New FCPA Enforcement Guidelines

On June 9, 2025, the U.S. Department of Justice (DOJ) released a memorandum establishing long-awaited guidance for the investigation and enforcement of the Foreign Corrupt Practices Act (FCPA). The guidance was a direct result…more

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

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Samuel Alsip

SEC Division of Corporation Finance Staff Issues Guidance on Crypto Assets

As previously summarized here, since SEC Commissioner Mark T. Uyeda was named Acting Chairman on January 21, 2025, the SEC has significantly shifted its approach to cryptocurrency regulation and enforcement actions, including…more

Cryptoassets, Cryptocurrency, Digital Assets, Disclosure Requirements, New Guidance

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Nicholas Anaclerio

New Illinois Legislation to Make Using Temporary Labor Costlier and More Complicated

On Friday, June 16, 2023, the Illinois House sent H.B. 2862 to Governor J. B. Pritzker for signature. Significantly, this bill (which is introduced as an amendment to the Acupuncture Practice Act) effectuates material changes…more

Employer Liability Issues, Staffing Agencies, State Labor Laws, Temporary Employees

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Jeffrey Ansley

“Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime”: DOJ Announces Criminal Investigation and Enforcement Priorities

On May 12, 2025, Matthew Galeotti, Head of the Criminal Division of the Department of Justice (“DOJ”), published a memorandum outlining the DOJ’s current investigation and enforcement priorities for prosecuting corporate and…more

Anti-Money Laundering, Corporate Crimes, Criminal Investigations, Department of Justice (DOJ), Enforcement Priorities

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Niovi Antoniou

Global Transportation Finance Newsletter December 2023

GIFT City: A Gift for Aircraft Lessors? Gujarat International Finance Tec-City (GIFT City) was established in 2007 as India’s first operational smart city and an emerging global financial and IT services hub located in…more

Aircraft, Aircraft Financing, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

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James Arpaia

Regulation Best Interest Update OCIE Risk Alert on Initial Examinations

On April 7, 2020, the Securities and Exchange Commission’s (the “SEC” or the “Staff”) Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert1 to provide broker-dealers and their associated persons…more

Broker-Dealer, Compliance, Conflicts of Interest, Coronavirus/COVID-19, Disclosure

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Anthony Ashley

FTC Rule Banning Non-Competes Held to Be Unlawful Agency Action and Set Aside

Judge Ada E. Brown of the Northern District of Texas this afternoon granted summary judgment in favor of Ryan, LLC and the plaintiff-intervenors in the case of Ryan, LLC v. Federal Trade Commission challenging the FTC’s ban on…more

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

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Christopher Barrett

Illinois General Assembly Passes Bill to Require Annual Reporting of Board Diversity Information - Bill intended to provide data to support future policy changes to address underrepresentation of women and minorities on public company boards.

On Saturday, June 1, 2019, The Illinois General Assembly passed a bill (the “Diversity Disclosure Bill”) requiring most publicly held companies organized or headquartered in Illinois to include detailed demographic diversity…more

Board of Directors, Corporate Governance, Diversity, Gender Equity, Investment Funds

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Marguerite Bateman

Board Oversight in the Age of COVID-19: Part Six

Part 6 of a weekly series detailing approaches that independent board members are utilizing to address coronavirus-related matters and highlighting emerging issues. Part 1, Part 2, Part 3, Part 4 and Part 5 of the series may be…more

Board Meetings, Business Continuity Plans, Business Valuations, Funding, Virtual Meetings

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Elizabeth Baxter

FINRA Publishes 2025 Regulatory Oversight Report

On January 28, 2025, FINRA published its annual regulatory oversight report for 2025 (Report), which highlights observations and findings from FINRA’s oversight programs. The Report covers 24 topics, and for each topic it…more

Cybersecurity, Data Protection, Disclosure Requirements, Financial Industry Regulatory Authority (FINRA), Financial Services Industry

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Steven Berger

Highlights from 2024 ALI-CLE Accountants’ Liability Conference

The annual ALI-CLE Accountants’ Liability Conference occurred in Washington, D.C. on May 16 and 17, 2024 and was co-hosted by Junaid A. Zubairi, Chair of Vedder Price’s Government Investigations and White Collar Defense group,…more

Accountants, Auditors, Audits, PCAOB, Securities and Exchange Commission (SEC)

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Adam Beringer

The COVID-19 10-Point Aircraft Lessor Checklist

At this time, the full effects and repercussions of the COVID-19 outbreak are uncertain. However, one thing that is certain is that leasing companies are receiving, and will continue to receive, requests from lessees across the…more

Aircraft Financing, Coronavirus/COVID-19, Financial Leasing Agreements

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Amy Bess

CARES Act Payroll Tax Credits, Unemployment Benefits Enhancements, and Lending Programs Impact Compensation, Furlough, and Layoff Strategies

The Coronavirus Aid, Relief, and Economic Security Act, commonly known as the CARES Act (the “Act”), enacted March 27, 2020, contains several interrelated elements that employers should consider when making decisions about…more

CARES Act, Furloughs, Layoffs, Lending Programs, Paycheck Protection Program (PPP)

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Nitya Bhardwaj

Changed Focus of FCPA Actions Under Trump Executive Order

On February 5, 2025, newly appointed U.S. Attorney General Pam Bondi issued a memorandum titled “Total Elimination of Cartels and Transnational Criminal Organizations” (the February 5 Memorandum), which outlined a broad policy…more

Anti-Corruption, Compliance, Corruption, Criminal Prosecution, Department of Justice (DOJ)

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Helen Biggin

Success for aircraft lessors in Russian aircraft lessor policy claims

Background - The English Commercial Court has handed down a highly anticipated judgment in a multi billion-dollar insurance claim arising out of the failure of various Russian airlines to return leased aircraft to lessors…more

Aviation Industry, Commercial Litigation, Contract Disputes, Dispute Resolution, Insurance Claims

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John Blatchford

Business Considerations: CARES Act Corporate Governance, Compensation and Employee-Related Obligations

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act or CARES Act (the “Act”). Subtitle A of Title IV of the Act, the “Coronavirus Economic Stabilization Act of 2020, creates a…more

Aviation Industry, Business Closures, Business Interruption, Business Losses, Business Taxes

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Eugene Boyle

Acting NLRB General Counsel Pulls Back Memoranda

On February 3, 2025, President Trump appointed William B. Cowen as Acting General Counsel for the National Labor Relations Board (NLRB). Cowen has previously served in a variety of roles throughout the agency, including most…more

Biden Administration, Enforcement, Labor Reform, NLRA, NLRB

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John Bradley

Global Transportation Finance Newsletter | April 2025

1. Remember Basic Import Rules when Calculating Tariffs 3. Taking Off: Financing the eVTOL Revolution 5. Court Decides Lessee’s Failure to Engage Won’t Fly 7. In Discussion with Molly McCafferty 9. The Mouse That Roared:…more

Aviation Industry, China, Electric Vehicles, Exports, Financing

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Courtney Brown

Highlights from 2024 ALI-CLE Accountants’ Liability Conference

The annual ALI-CLE Accountants’ Liability Conference occurred in Washington, D.C. on May 16 and 17, 2024 and was co-hosted by Junaid A. Zubairi, Chair of Vedder Price’s Government Investigations and White Collar Defense group,…more

Accountants, Auditors, Audits, PCAOB, Securities and Exchange Commission (SEC)

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Angelo Bufalino

Supreme Court Rules That "Generic.com" Trademarks Are Eligible for Federal Registration

In its recent decision in USPTO v. Booking.com, the U.S. Supreme Court declined to adopt a sweeping rule that would automatically render “generic.com” marks unregistrable. This opens the door for future applicants to apply for…more

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

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John Burke

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

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Kelly Buroker

Recent Court of Federal Claims Decision Invoking Loper Bright Demonstrates Agency Discretion is Not Boundless

Practitioners and government contractors are well aware that federal agencies are afforded a great deal of discretion in making procurement-related decisions. A recent decision from the U.S. Court of Federal Claims (COFC), The…more

Bid Protests, Chevron Deference, Court of Federal Claims, Federal Acquisition Regulations (FAR), General Services Administration (GSA)

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Justine Chilvers

Buyer Beware: Court Upholds Punitive Damages Waiver in Case Alleging Fraud for "New" Aircraft Sale

In a recent decision, the Texas Supreme Court upheld a contractual waiver of punitive damages despite a finding of fraud by the seller in the sale of a supposedly new aircraft that instead contained used and repaired engines…more

Aircraft, Aircraft Sales, Breach of Contract, Contract Disputes, Contract Terms

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Marie Christiansen

Highlights from SEC Speaks 2024: Chair/Commissioner Remarks and Litigation and Enforcement Trends

The U.S. Securities and Exchange Commission (the “SEC”) held its annual SEC Speaks conference—after a hiatus in 2023—on April 3 and 4, 2024 in Washington, D.C. The conference featured remarks from Chair Gary Gensler,…more

Disclosure Requirements, Enforcement Actions, Investors, Publicly-Traded Companies, Securities and Exchange Commission (SEC)

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Thomas Cimino Jr.

Delaware Supreme Court Upholds Federal Forum Provisions in Corporate Charters for Section 11 Claims as “Intra-Corporate Affairs”

Last week, in a unanimous reversal of the state’s Chancery Court, the Delaware Supreme Court upheld the validity of federal-forum provisions found in the charters of three Delaware-incorporated companies (Blue Apron Inc., Roku,…more

Forum, Securities Act of 1933, Shareholders

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Bryan Clark

Is California cooling to privacy law run amok?

California is a bellwether for privacy laws, which is why we’ve been watching carefully as recent events suggest that business-friendly interests may be gaining a foothold in what has historically been one of the most…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Data Collection, Data Privacy, Privacy Laws

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Christopher Collins

New Law Requires Greater Chicago Metropolitan Area Employers to Provide Pre-Tax Transit Benefits

Starting January 1, 2024, a new Illinois law will require employers in the greater Chicago metropolitan area with 50 or more covered employees within one mile of a fixed-route public transit service to provide their full-time…more

Covered Employees, Covered Employer, Employer Liability Issues, Public Transit, Public Transportation

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Brooke Conner

“Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime”: DOJ Announces Criminal Investigation and Enforcement Priorities

On May 12, 2025, Matthew Galeotti, Head of the Criminal Division of the Department of Justice (“DOJ”), published a memorandum outlining the DOJ’s current investigation and enforcement priorities for prosecuting corporate and…more

Anti-Money Laundering, Corporate Crimes, Criminal Investigations, Department of Justice (DOJ), Enforcement Priorities

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Brent Connor

Global Transportation Finance Newsletter | April 2025

1. Remember Basic Import Rules when Calculating Tariffs 3. Taking Off: Financing the eVTOL Revolution 5. Court Decides Lessee’s Failure to Engage Won’t Fly 7. In Discussion with Molly McCafferty 9. The Mouse That Roared:…more

Aviation Industry, China, Electric Vehicles, Exports, Financing

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Michael Considine

President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful…more

Civil Rights Act, Constitutional Challenges, Department of Justice (DOJ), Disparate Impact, Employment Discrimination

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Fernanda Contreras

Seventh Circuit Allows Recovery of Back Pay in ADA Case Absent Proof of Disability

In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding that…more

Americans with Disabilities Act (ADA), Appeals, Back Pay, Corporate Counsel, Disability Discrimination

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Rachel Copenhaver

“Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime”: DOJ Announces Criminal Investigation and Enforcement Priorities

On May 12, 2025, Matthew Galeotti, Head of the Criminal Division of the Department of Justice (“DOJ”), published a memorandum outlining the DOJ’s current investigation and enforcement priorities for prosecuting corporate and…more

Anti-Money Laundering, Corporate Crimes, Criminal Investigations, Department of Justice (DOJ), Enforcement Priorities

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Daniel Cunix

Guaranty Enforcement in a Time of Rent Deferrals and Other Economic Accommodations

Due to the ongoing COVID-19 pandemic, lessees and lessors across many industries are attempting to ease economic tensions by agreeing to certain accommodations in respect of lessees’ obligations. In the aviation industry, this…more

Aircraft Financing, Aircraft Sales, Aviation Industry, Coronavirus/COVID-19, Economic Sanctions

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Allison Czerniak

DOL Proposes Rule That Will Raise the Minimum Salary Threshold for Overtime Eligibility under the FLSA

On August 30, 2023, the U.S. Department of Labor (“DOL”) issued a new proposed rule pursuant to which certain workers who are otherwise exempt will be eligible for overtime pay if they do not receive an annual salary or total…more

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

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Samuel Deau

Government Agencies to Continue Pursuing Core Enforcement Initiatives and Other Highlights from the ABA 40th Annual National Institute on White Collar Crime

The American Bar Association held its 40th Annual National Institute on White Collar Crime conference on March 5, 6, and 7, 2025, in Miami, Florida. The conference featured robust panel discussions with the federal and state…more

American Bar Association (ABA), Cybersecurity, Department of Justice (DOJ), Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

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Sara DeBlaze

USCIS Announces Cap H-1B Registration Dates & Changes to Program

It is that time of year again! The registration window for the fiscal year 2026 cap H-1B season will open at noon Eastern on March 7, 2025, and run through noon Eastern on March 24, 2025. During the registration period,…more

Fees, Foreign Nationals, Foreign Workers, H-1B, Immigration Procedures

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Thomas Dee

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

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Peyton Demith

Acting NLRB General Counsel Pulls Back Memoranda

On February 3, 2025, President Trump appointed William B. Cowen as Acting General Counsel for the National Labor Relations Board (NLRB). Cowen has previously served in a variety of roles throughout the agency, including most…more

Biden Administration, Enforcement, Labor Reform, NLRA, NLRB

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Thomas Desmond

Business Considerations: CARES Act Corporate Governance, Compensation and Employee-Related Obligations

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act or CARES Act (the “Act”). Subtitle A of Title IV of the Act, the “Coronavirus Economic Stabilization Act of 2020, creates a…more

Aviation Industry, Business Closures, Business Interruption, Business Losses, Business Taxes

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Katherine Devlin

DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

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Mark Ditto

Guaranty Enforcement in a Time of Rent Deferrals and Other Economic Accommodations

Due to the ongoing COVID-19 pandemic, lessees and lessors across many industries are attempting to ease economic tensions by agreeing to certain accommodations in respect of lessees’ obligations. In the aviation industry, this…more

Aircraft Financing, Aircraft Sales, Aviation Industry, Coronavirus/COVID-19, Economic Sanctions

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Mary Donohue

Federal Regulators Issue Updated Guidance on Liquidity Risks and Contingency Planning

On July 28, 2023, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the National Credit Union Administration (the “NCUA”) and the Office of the Comptroller…more

Banking Sector, Banks, Contingency Plans, Federal Reserve

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Tamara Droubi

Government Agencies to Continue Pursuing Core Enforcement Initiatives and Other Highlights from the ABA 40th Annual National Institute on White Collar Crime

The American Bar Association held its 40th Annual National Institute on White Collar Crime conference on March 5, 6, and 7, 2025, in Miami, Florida. The conference featured robust panel discussions with the federal and state…more

American Bar Association (ABA), Cybersecurity, Department of Justice (DOJ), Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

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Joshua Dunn

Highlights from 2019 ALI-CLE Accountants’ Liability Program

Junaid A. Zubairi, Chair of Vedder Price’s Government Enforcement and Special Investigations group, served as co-chair of the 2019 ALI-CLE Accountants’ Liability program on October 17 and 18, 2019 in Washington, DC. The program…more

Audits, Chief Compliance Officers, Enforcement Actions, Enforcement Statistics, FASB

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Jennifer Durham King

An Offer You Can’t Refuse: The FTC’s New “Click-to-Cancel” Rule

On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a seller to interpret a customer’s silence or…more

Automatic Renewals, Consumer Contracts, Contract Terms, Corporate Counsel, Disclosure Requirements

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Deborah Bielicke Eades

Second Circuit Affirms Lower Court Decision Regarding Closed-End Fund Control Share Bylaw Provision

The U.S. Court of Appeals for the Second Circuit upheld a ruling of the U.S. District Court for the Southern District of New York that invalidates control share bylaw provisions adopted by certain closed-end funds organized as…more

Bylaws, Corporate Governance, Securities and Exchange Commission (SEC), Shareholders

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Devin Eager

FDIC Withdraws Proposed Rules Related to Change in Bank Control Act and Other Matters

On March 3, 2025, the Federal Deposit Insurance Corporation (FDIC) withdrew three proposed rules, including its July 2024 proposed amendments to regulations under the Change in Bank Control Act of 1978 (CBCA) that would have…more

Acquisitions, Banking Sector, FDIC, Federal Reserve, Investment Funds

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Rachel Easton

The King’s Speech: Labour’s plans for employment law reforms in the UK

On 17 July 2024, the King delivered his speech at the State Opening of Parliament and the new UK Labour Government’s legislative programme for the year ahead were unveiled…more

Employer Liability Issues, Hiring & Firing, International Labor Laws, UK, Wage and Hour

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Jonathan Edgelow

EU General Data Protection Regulation: A Summary for Non-EU Businesses

The EU’s General Data Protection Regulation (679/2016/EU), the GDPR, comes into force across the EU on 25 May 2018. As it is being made by regulation the GDPR, unlike the existing Data Protection Directive (implemented into the…more

Consent, Data Breach, Data Processors, Data Protection Officers (DPOs), Enforcement Actions

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Ben El-Gamal

Court Decides Lessees Failure to Engage Wont Fly

The High Court has delivered a decision in AWAS Netherlands A320-1 BV v Pacific Airlines Aviation Joint Stock Company in relation to an amount of lease rental and other damages Pacific Airlines (the Defendant) owed AWAS (the…more

Breach of Contract, Business Litigation, Commercial Litigation, Contract Disputes, Damages

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Andrew Falevich

Tax Reform’s Impact on Transportation Finance Transactions

New tax legislation was signed into law on December 22, 2017 (the Act). The Act lowers the corporate rate from a top graduated rate of 35 percent to a flat rate of 21 percent. Under the Act individuals and certain non-corporate…more

Alternative Minimum Tax, Bonus Depreciation, Business Income, Business Taxes, Corporate Taxes

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Jason Faust

Recent Guidance Regarding Employee Benefit Plans

There has been a recent flurry of regulatory guidance issued affecting employee benefit plans. Most of the guidance addresses challenges specifically created by the COVID-19 pandemic, while other guidance is applicable…more

Cafeteria Plans, COBRA, Deadlines, Department of Labor (DOL), Employee Benefits

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Andrew Figueroa

“Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime”: DOJ Announces Criminal Investigation and Enforcement Priorities

On May 12, 2025, Matthew Galeotti, Head of the Criminal Division of the Department of Justice (“DOJ”), published a memorandum outlining the DOJ’s current investigation and enforcement priorities for prosecuting corporate and…more

Anti-Money Laundering, Corporate Crimes, Criminal Investigations, Department of Justice (DOJ), Enforcement Priorities

See all updates »

James Garvey

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

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John Geager

Global Transportation Finance Newsletter December 2023

GIFT City: A Gift for Aircraft Lessors? Gujarat International Finance Tec-City (GIFT City) was established in 2007 as India’s first operational smart city and an emerging global financial and IT services hub located in…more

Aircraft, Aircraft Financing, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

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Cameron Gee

COVID-19 and MAC in Financing Agreements

The MAC provision - A material adverse change (“MAC”) provision (depending on where or how it is used) typically references a material adverse change in the business, assets, properties, liabilities, operations, condition or…more

Affirmative Defenses, Borrowers, Burden of Proof, Contract Terms, Coronavirus/COVID-19

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Tom Geraghty

IRS Extends Transitional Relief for Digital Asset Broker Reporting and Backup Withholding

On June 12, 2025, the Internal Revenue Service (IRS) released Notice 2025-33 which extends for an additional calendar year the transitional relief initially provided in Notice 2024-56 to brokers required to report digital asset…more

Cryptocurrency, Digital Assets, Filing Requirements, Financial Institutions, Internal Revenue Code (IRC)

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Bill Gibson

LIBOR Benchmark Replacement – “it’s time to get off the SOFR” – an overview of the impact of LIBOR transition on aircraft financing and leasing transactions

It’s time to face up to the fact that financial market participants will soon no longer be able to rely on LIBOR. No one can claim that this comes as a surprise. In 2014, in response to concerns about the reliability and…more

Aircraft, Aircraft Sales, Alternative Reference Rates Committee (ARRC), Benchmarks, Best Practices

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Adam Goldman

SEC Staff No-Action Letter Allows Issuers to Rely on High Minimum Investment Amounts to Verify Purchasers in Rule 506(c) Offerings

On March 12, 2025, the staff of the Securities and Exchange Commission (“SEC”) issued no-action guidance providing that certain minimum investment amounts, along with certain written representations from the purchaser, could…more

Accredited Investors, Investment Funds, Investors, New Guidance, No-Action Letters

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Hope Goldstein

Unionization Upon Demand:NLRB Announces Most Significant Change to Labor Law in 50 Years

Today, in perhaps the most significant change in federal labor law in more than 50 years, the National Labor Relations Board (“NLRB” or “Board”) announced a new framework that determines when employers are required to recognize…more

Employer Liability Issues, Federal Labor Laws, NLRB, Unions

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Arianna Goodman

“Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime”: DOJ Announces Criminal Investigation and Enforcement Priorities

On May 12, 2025, Matthew Galeotti, Head of the Criminal Division of the Department of Justice (“DOJ”), published a memorandum outlining the DOJ’s current investigation and enforcement priorities for prosecuting corporate and…more

Anti-Money Laundering, Corporate Crimes, Criminal Investigations, Department of Justice (DOJ), Enforcement Priorities

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Jack Goold

Global Transportation Finance Newsletter: December 2024

Court Cautious on Sanctions and Letters of Credit - The Court of Appeal has delivered a decision in Celestial Aviation Services Ltd. v. UniCredit Bank GmbH, London Branch1 in relation to whether UniCredit could withhold…more

Aviation Industry, Banking Sector, Economic Sanctions, Financial Institutions, Offshore Wind

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Joshua Grant

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

See all updates »

Steven Green

Global Transportation Finance Newsletter: April 2024

Drafters beware! No assignment clauses vs transfers by operation of law - In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd1 , the Court of Appeal found that the transfer of rights to an insurer by operation of…more

Appeals, Aviation Industry, Contract Disputes, Contract Drafting, Contract Terms

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Heidemarie Gregoriev

SEC Proposes Significant Form and Rule Amendments for the Registration of Index-Linked Annuities

On September 29, 2023, the SEC proposed significant form and rule amendments to establish a tailored registration form for index-linked annuities, as directed by Congress under the Registered Index-Linked Annuities Act of 2022…more

Annuities, Proposed Amendments, Securities Act of 1933, Securities and Exchange Commission (SEC)

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Edward Gross

Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors

After many years of congressional stalemates, the long awaited five-year reauthorization for the Federal Aviation Administration (the FAA) became federal law when signed by President Trump on October 5, 2018 (the Reauthorization…more

Aircraft Financing, Aircraft Sales, Federal Aviation Administration (FAA), Investors, Lenders

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John Guyette

Florida's CHOICE Act Gives Employers Much To Consider In Reshaping Their Restrictive Covenant Agreements

Set to take effect on July 1, 2025, the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the “Act”) allows covered non-compete and garden leave agreements to extend…more

Employee Rights, Employment Contract, Employment Policies, Florida, Highly Compensated Employees

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Elizabeth Hall

President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful…more

Civil Rights Act, Constitutional Challenges, Department of Justice (DOJ), Disparate Impact, Employment Discrimination

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Thomas Hancuch

DOL Clarifies that Leave Taken Under State Paid Family Leave Programs May Run Concurrently with FMLA Leave

On January 14, 2025, the U.S. Department of Labor (DOL) issued an opinion letter (FMLA2025-01-A) clarifying when an employer may count an employee’s leave taken under a state paid family leave program against that employee’s…more

Department of Labor (DOL), Employee Benefits, Employee Rights, Employment Policies, Family and Medical Leave Act (FMLA)

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Marylyn Harrell

Second Circuit Affirms Lower Court Decision Regarding Closed-End Fund Control Share Bylaw Provision

The U.S. Court of Appeals for the Second Circuit upheld a ruling of the U.S. District Court for the Southern District of New York that invalidates control share bylaw provisions adopted by certain closed-end funds organized as…more

Bylaws, Corporate Governance, Securities and Exchange Commission (SEC), Shareholders

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Zackary Harris

New York State 2025 Budget Includes Limitation on Damages in Frequency-of-Pay Cases

On May 9, 2025, New York Governor Kathy Hochul signed Senate Bill S3006C into law which concerns New York State’s education, labor, housing, and family assistance budget for the 2025-2026 fiscal year. This budget, among many…more

Employee Rights, Employer Liability Issues, Employment Litigation, Labor Reform, Liquidated Damages

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Ryan Hedges

Government Agencies to Continue Pursuing Core Enforcement Initiatives and Other Highlights from the ABA 40th Annual National Institute on White Collar Crime

The American Bar Association held its 40th Annual National Institute on White Collar Crime conference on March 5, 6, and 7, 2025, in Miami, Florida. The conference featured robust panel discussions with the federal and state…more

American Bar Association (ABA), Cybersecurity, Department of Justice (DOJ), Enforcement Actions, Foreign Corrupt Practices Act (FCPA)

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Brett Heinrich

USEPA’s Temporary Policy Suspending Enforcement Terminates August 31, 2020

On June 29, 2020, USEPA issued a memorandum on a termination addendum to the COVID-19 temporary enforcement policy. USEPA has selected August 31, 2020, as the termination date for the temporary enforcement policy, as it…more

Coronavirus/COVID-19, Enforcement, Environmental Protection Agency (EPA), New Guidance, State and Local Government

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Ellen Hemminger

DOL Clarifies that Leave Taken Under State Paid Family Leave Programs May Run Concurrently with FMLA Leave

On January 14, 2025, the U.S. Department of Labor (DOL) issued an opinion letter (FMLA2025-01-A) clarifying when an employer may count an employee’s leave taken under a state paid family leave program against that employee’s…more

Department of Labor (DOL), Employee Benefits, Employee Rights, Employment Policies, Family and Medical Leave Act (FMLA)

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David Hernandez

Global Transportation Finance Newsletter | April 2025

1. Remember Basic Import Rules when Calculating Tariffs 3. Taking Off: Financing the eVTOL Revolution 5. Court Decides Lessee’s Failure to Engage Won’t Fly 7. In Discussion with Molly McCafferty 9. The Mouse That Roared:…more

Aviation Industry, China, Electric Vehicles, Exports, Financing

See all updates »

Tyler Hoge

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

See all updates »

Eleanor Hudson Callaway

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Eric Hyla

SEC Enforcement Highlights for Fiscal Year 2024

On November 22, 2024, the Securities and Exchange Commission (the “SEC” or “Commission”) announced its enforcement results for the fiscal year (“FY”) 2024. Though the SEC filed only 583 total enforcement actions in FY 2024—a…more

Disgorgement, Enforcement Actions, Investment Adviser, Investors, Securities and Exchange Commission (SEC)

See all updates »

John Imhof Jr.

USTR Proposes Actions Pursuant to Section 301 Investigation Against Chinese-Built Ships

The United States is no longer the global power in shipbuilding that it once was, but under the Trump Administration, this may change, and for the better, at least perhaps as far as U.S. shipbuilding is concerned…more

China, Economic Sanctions, Imports, Maritime Transport, Popular

See all updates »

Nusra Ismail

SEC v. Jarkesy: A Divided Supreme Court Holds That the SEC Cannot Seek Civil Penalties through an Administrative Proceeding

On June 27, 2024, the United States Supreme Court (the “Court”) affirmed the Fifth Circuit’s ruling in SEC v. Jarkesy and held that a defendant facing civil penalties in a securities fraud claim brought by the Securities and…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Enforcement Actions

See all updates »

Daniel Jackson

An Offer You Can’t Refuse: The FTC’s New “Click-to-Cancel” Rule

On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a seller to interpret a customer’s silence or…more

Automatic Renewals, Consumer Contracts, Contract Terms, Corporate Counsel, Disclosure Requirements

See all updates »

Megan Jones

IRS Extends Transitional Relief for Digital Asset Broker Reporting and Backup Withholding

On June 12, 2025, the Internal Revenue Service (IRS) released Notice 2025-33 which extends for an additional calendar year the transitional relief initially provided in Notice 2024-56 to brokers required to report digital asset…more

Cryptocurrency, Digital Assets, Filing Requirements, Financial Institutions, Internal Revenue Code (IRC)

See all updates »

Kate Jungers

Cybersecurity Sheriffs Continue to Multiply and Crack Down – New SEC Rule Amps Up Public Company Pressure

Last week, a sharply divided U.S. Securities and Exchange Commission (“SEC”) significantly increased reporting requirements on public companies by adopting a Cybersecurity Risk Management, Strategy, Governance, and Incident…more

Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Final Rules, Form 8-K

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Grant Kaiser

IRS Targets High-Income Non-Filers

High-income non-filers are being contacted by the Internal Revenue Service (“IRS”) about their tax noncompliance. The IRS announced on February 29, 2024 a new enforcement campaign focused on taxpayers at the high-end of the…more

Income Taxes, IRS, Tax Liability, Tax Planning, Tax Returns

See all updates »

David Kane

The Federal Reserve Provides Liquidity to Banks Participating in the Paycheck Protection Program

On April 9, 2020, the Board of Governors of the Federal Reserve System (the “Federal Reserve”) issued guidance for banks that wish to participate in the Federal Reserve’s Paycheck Protection Program Lending Facility (the “PPPL…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Interim Rule, Paycheck Protection Program (PPP)

See all updates »

James Kane

Federal Regulators Issue Updated Guidance on Liquidity Risks and Contingency Planning

On July 28, 2023, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the National Credit Union Administration (the “NCUA”) and the Office of the Comptroller…more

Banking Sector, Banks, Contingency Plans, Federal Reserve

See all updates »

Jaime Lynn Ke'alohilani Rosenberg

USTR Proposes Actions Pursuant to Section 301 Investigation Against Chinese-Built Ships

The United States is no longer the global power in shipbuilding that it once was, but under the Trump Administration, this may change, and for the better, at least perhaps as far as U.S. shipbuilding is concerned…more

China, Economic Sanctions, Imports, Maritime Transport, Popular

See all updates »

Ariel Kelly

U.S. Department of Labor Announces Relaunch & Expansion of Its Opinion Letter Program

On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through…more

Biden Administration, Corporate Counsel, Department of Labor (DOL), Employee Rights, Employer Responsibilities

See all updates »

James Kilner

LIBOR Benchmark Replacement – “it’s time to get off the SOFR” – an overview of the impact of LIBOR transition on aircraft financing and leasing transactions

It’s time to face up to the fact that financial market participants will soon no longer be able to rely on LIBOR. No one can claim that this comes as a surprise. In 2014, in response to concerns about the reliability and…more

Aircraft, Aircraft Sales, Alternative Reference Rates Committee (ARRC), Benchmarks, Best Practices

See all updates »

Ji Woon Kim

Global Transportation Finance Newsletter - June 2017

So, what is LIBOR? LIBOR—the London Interbank Offered Rate—is one of the most ubiquitous benchmarks for determining short-term interest rates in bank (and other) lending. LIBOR rates are short-term fixed rates quoted for…more

Banking Sector, Benchmarks, Chapter 11, Commercial Bankruptcy, Contract Terms

See all updates »

Blaine Kimrey

New Jersey SLAPPs Back: New Jersey Court of Appeals Eradicates Anti-SLAPP Loophole

On May 29, 2025, the New Jersey Court of Appeals reversed dismissal in Satz v. Starr, No. A-2785-23, 2025 WL 1522032 (N.J. Super. Ct. App. Div. May 29, 2025), holding that the plaintiff’s voluntary dismissal of his claims did…more

Anti-SLAPP, Appeals, Attorney's Fees, First Amendment, Free Speech

See all updates »

Frederic Knape

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Joseph Kye

Earnouts Back on the Rise in M&A Transactions: What Purchasers, Sellers and Lenders Need to Know

The pace of earnouts accelerates in M&A transactions whenever market conditions create a value gap between seller price expectations and buyer confidence levels. Earnouts are most common when the volume of merger and…more

Acquisitions, Buyers, Earn-Outs, Lenders, Mergers

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Jordan Labkon

ICAO CORSIA Update: Compliance Complexities Under ICAO’s New Carbon Offsetting Scheme

Airlines and airline associations have broadly welcomed ICAO’s new carbon offsetting scheme, scheduled to commence on January 1, 2019. However, the scheme’s Standards and Recommended Practices (the SARPs) impose an immediate…more

Aircraft Financing, Airlines, Carbon Emissions, Carbon Offset and Reduction Scheme for International Aviation (CORSIA), EU

See all updates »

Julie Langdon

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

See all updates »

Matthew Larvick

Key Tax Provisions Affecting Businesses Contained in the CARES Act

The economic aid and recovery bill that has been the subject of heated debate within Congress and much coverage in the news media was signed into law by President Trump on March 27, 2020. The new law, known as the “Coronavirus…more

Alternative Minimum Tax, Business Losses, CARES Act, Charitable Donations, Coronavirus/COVID-19

See all updates »

Brian Ledebuhr

California Bill Aims to Expand Debt Collection Protections to Commercial Debts

On September 24, 2024, Governor Gavin Newsom signed into law California Senate Bill 1286 (“SB 1286”). SB 1286 will extend existing consumer debt collection protections in California to small businesses and to the collection…more

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

See all updates »

Randall Lending

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Amy Lewis

IRS Says Forgiven PPP Loans Result in Loss of Deductions; Congress May Change That Result

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, was signed into law by President Trump on March 27, 2020. One of the key economic aid provisions for businesses contained in the Act was the Paycheck…more

CARES Act, Internal Revenue Code (IRC), IRS, Loan Forgiveness, Paycheck Protection Program (PPP)

See all updates »

Olivia Liska

SEC Revokes Enforcement Division's Formal Investigation Authority

On March 10, 2025, the SEC voted along party lines to amend SEC regulations in order to rescind the SEC’s delegation of authority to the Director of the Division of Enforcement to issue formal orders of investigation. The SEC…more

Enforcement Actions, Enforcement Priorities, Final Rules, Government Agencies, Regulatory Authority

See all updates »

James Looby

U.S. Department of Labor Announces Relaunch & Expansion of Its Opinion Letter Program

On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through…more

Biden Administration, Corporate Counsel, Department of Labor (DOL), Employee Rights, Employer Responsibilities

See all updates »

Jeffrey Lowry

The United States Court of Federal Claims Issues Favorable Ruling on "Other Transaction" Authority Jurisdiction

On February 24, 2025, Judge Armando Bonilla of the United States Court of Federal Claims (COFC) issued a decision holding that the COFC is the “de facto” forum for protests challenging agency actions in connection with their…more

Bid Protests, Court of Federal Claims, Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Kimberley Lunetta

Florida's CHOICE Act Gives Employers Much To Consider In Reshaping Their Restrictive Covenant Agreements

Set to take effect on July 1, 2025, the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the “Act”) allows covered non-compete and garden leave agreements to extend…more

Employee Rights, Employment Contract, Employment Policies, Florida, Highly Compensated Employees

See all updates »

Kevin MacLeod

Can Airlines Seek Relief under EETC Financing?

Due to the ongoing COVID-19 pandemic and the resulting economic malaise, lenders and investors are seeing a flood of requests from borrowers and issuers for relief on debt service payments. For private financings where there is…more

Aircraft Financing, Aircraft Sales, Aviation Industry, Bankruptcy Code, Coronavirus/COVID-19

See all updates »

Alexander Madias

IRS Extends Transitional Relief for Digital Asset Broker Reporting and Backup Withholding

On June 12, 2025, the Internal Revenue Service (IRS) released Notice 2025-33 which extends for an additional calendar year the transitional relief initially provided in Notice 2024-56 to brokers required to report digital asset…more

Cryptocurrency, Digital Assets, Filing Requirements, Financial Institutions, Internal Revenue Code (IRC)

See all updates »

Monika Malek

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

See all updates »

Joseph Mannon

SEC Staff No-Action Letter Allows Issuers to Rely on High Minimum Investment Amounts to Verify Purchasers in Rule 506(c) Offerings

On March 12, 2025, the staff of the Securities and Exchange Commission (“SEC”) issued no-action guidance providing that certain minimum investment amounts, along with certain written representations from the purchaser, could…more

Accredited Investors, Investment Funds, Investors, New Guidance, No-Action Letters

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Anne Marshall, Ph.D.

Global Transportation Finance Newsletter: September 2024

SAF: Understanding Lifecycle Emissions - The Executive Summary to the International Air Transport Association’s (IATA) Net Zero Roadmaps1 acknowledges that aviation is “one of the hardest sectors to decarbonize” but notes…more

Aviation Industry, Climate Change, Department of Transportation (DOT), Greenhouse Gas Emissions, Net Zero

See all updates »

John Marten

SEC Adopts Amendments to Fund Names Rule, Broadening the Scope of Funds that Must Comply

On September 20, 2023, the SEC adopted amendments to the investment company names rule, Rule 35d-1 under the Investment Company Act of 1940. According to SEC estimates, the amendments will bring approximately 2,200 funds that…more

Amended Rules, Disclosure Requirements, Investment Company Act of 1940, Securities and Exchange Commission (SEC)

See all updates »

Jonathan Maude

The King’s Speech: Labour’s plans for employment law reforms in the UK

On 17 July 2024, the King delivered his speech at the State Opening of Parliament and the new UK Labour Government’s legislative programme for the year ahead were unveiled…more

Employer Liability Issues, Hiring & Firing, International Labor Laws, UK, Wage and Hour

See all updates »

Brian McCalmon

FTC Chair Issues Statement on Merger Remedies

In an eight-page Statement joined by the two other sitting Commissioners, FTC Chair Andrew Ferguson on May 30, 2025 explained his reasoning for accepting a divestiture remedy proposed by Synopsis, Inc. and Ansys, Inc. to resolve…more

Antitrust Litigation, Antitrust Provisions, Biden Administration, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Cody McDavis

Taking Off: Financing the eVTOL Revolution

Imagine waking up in a peaceful, spacious community free from traffic and congestion, yet commuting quickly and comfortably into the bustling city center or directly to the airport within minutes. Picture military operations…more

Aviation Industry, Electric Vehicles, Financing, Government Agencies, Infrastructure

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Daniel McKay, II

An Offer You Can’t Refuse: The FTC’s New “Click-to-Cancel” Rule

On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a seller to interpret a customer’s silence or…more

Automatic Renewals, Consumer Contracts, Contract Terms, Corporate Counsel, Disclosure Requirements

See all updates »

Shalyn McKitt

HHS Final Rule Imposes New Civil Money Penalties for Information Blocking

On June 27, 2023, the Department of Health and Human Services (HHS), Office of Inspector General (OIG), posted a final rule on its website that amends the civil money penalty (CMP) regulations under the Information Blocking…more

Civil Monetary Penalty, Department of Health and Human Services (HHS), Final Rules, Health Care Providers

See all updates »

Dana Mehlman

Global Transportation Finance Newsletter: December 2024

Court Cautious on Sanctions and Letters of Credit - The Court of Appeal has delivered a decision in Celestial Aviation Services Ltd. v. UniCredit Bank GmbH, London Branch1 in relation to whether UniCredit could withhold…more

Aviation Industry, Banking Sector, Economic Sanctions, Financial Institutions, Offshore Wind

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Gaby Mercurio

NLRB to Start Scrutinizing Employer Policies More Closely

On August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) rejected an employer-friendly standard in favor of a modified and significantly less employer-friendly standard when evaluating whether a workplace…more

Employer Liability Issues, Employment Policies, NLRA, NLRB

See all updates »

Kelly Miller

An Offer You Can’t Refuse: The FTC’s New “Click-to-Cancel” Rule

On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a seller to interpret a customer’s silence or…more

Automatic Renewals, Consumer Contracts, Contract Terms, Corporate Counsel, Disclosure Requirements

See all updates »

Maureen Miller

SEC Updates Investment Company Act Exemptive Order in Response to COVID-19

On March 25, 2020, the Securities and Exchange Commission (“SEC”) issued an exemptive order (the "Order") superceding its March 13, 2020 exemptive order, which provided relief from certain provisions of the Investment Company…more

Coronavirus/COVID-19, Exemptive Orders, Form N-CEN, Form N-PORT, Investment Company Act of 1940

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Sudip Mitra

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

See all updates »

James Morrissey

An Offer You Can’t Refuse: The FTC’s New “Click-to-Cancel” Rule

On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a seller to interpret a customer’s silence or…more

Automatic Renewals, Consumer Contracts, Contract Terms, Corporate Counsel, Disclosure Requirements

See all updates »

Philip Mowery

Cunningham v. Cornell University

On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion on the requirements for plaintiffs to survive a motion to dismiss regarding an allegation that plan fiduciaries engaged in a prohibited transaction under the…more

Appeals, Benefit Plan Sponsors, Employee Retirement Income Security Act (ERISA), ERISA Litigation, Fiduciary Duty

See all updates »

Hoyoon Nam

In Discussion with Molly McCafferty

Evolving risks associated with global shipping, driven by geopolitical tensions, piracy, cybersecurity attacks, environmental regulations and climate change, are significantly influencing ship finance transactions, risk…more

Climate Change, Cybersecurity, Financial Markets, Geopolitical Risks, Insurance Industry

See all updates »

Esha Nath

Global Transportation Finance Newsletter December 2023

GIFT City: A Gift for Aircraft Lessors? Gujarat International Finance Tec-City (GIFT City) was established in 2007 as India’s first operational smart city and an emerging global financial and IT services hub located in…more

Aircraft, Aircraft Financing, Carbon Emissions, Climate Change, Greenhouse Gas Emissions

See all updates »

Michael Nemeroff

FTC Publishes Final Revisions to HSR Rules: A New Era of Regulatory Burden

On October 10, 2024, the Federal Trade Commission (“FTC”) released final revisions of the rules that govern filings under the Hart-Scott-Rodino (“HSR”) Antitrust Improvements Act of 1976, as amended (the “Final Rules”). The…more

Disclosure Requirements, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Letters of Intent, Popular

See all updates »

Joshua Nichols

DOJ Declinations under FCPA Corporate Enforcement Policy

The Department of Justice’s (“DOJ”) policy regarding corporate enforcement of the Foreign Corrupt Practices Act (“FCPA”) has evolved in meaningful ways since 2016. While the policy developments themselves have been frequently…more

Corporate Counsel, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP), Foreign Corrupt Practices Act (FCPA)

See all updates »

Cathy Gonzales O'Kelly

Board Oversight in the Age of COVID-19: Part Six

Part 6 of a weekly series detailing approaches that independent board members are utilizing to address coronavirus-related matters and highlighting emerging issues. Part 1, Part 2, Part 3, Part 4 and Part 5 of the series may be…more

Board Meetings, Business Continuity Plans, Business Valuations, Funding, Virtual Meetings

See all updates »

Michelle Olson

New Requirements for Employee Personnel Record Review Now in Effect in Illinois

The new year brought new requirements under the Illinois Personnel Record Review Act (“IPRRA”), 820 ILCS 40/1 et seq., that expand the types of personnel documents that employees can inspect and require employers to obtain a…more

Data Privacy, Employee Benefits, Employee Privacy Rights, Employment Policies, Health Insurance Portability and Accountability Act (HIPAA)

See all updates »

Joshua Orewiler

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Cara Ottenweller

DOL's Final Rule to Increase Salary Thresholds for Overtime Exemptions

After much anticipation, the U.S. Department of Labor (DOL) unveiled its Final Rule on April 23, 2024, increasing the salary that an employee must earn in order to qualify for the executive, administrative, professional and…more

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

See all updates »

Jeanah Park

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Nicholas Pascal

HMRC's slice of Italian restaurant's restructuring plan is big enough, finds English court

Summary - On 5 July 2023 the English High Court handed down its judgment to In the matter of Prezzo Investco Limited and In the matter of the Companies Act 2006 [2023] EWHC 1679 (Ch), another case (hot on the heels of The…more

HMRC, Restructuring, Tax Authority, Tax Liability, UK

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John Pearson

Global Transportation Finance Newsletter: September 2024

SAF: Understanding Lifecycle Emissions - The Executive Summary to the International Air Transport Association’s (IATA) Net Zero Roadmaps1 acknowledges that aviation is “one of the hardest sectors to decarbonize” but notes…more

Aviation Industry, Climate Change, Department of Transportation (DOT), Greenhouse Gas Emissions, Net Zero

See all updates »

Elisa Cardano Perez

SEC Grants One-Year Exemption from New Short Sale Reporting Requirements

On February 7, 2025, the SEC issued a one-year exemption from compliance with new Rule 13f‑2 under the Securities Exchange Act of 1934 and related reporting on new Form SHO. The SEC adopted Rule 13f-2 and the Form SHO reporting…more

Exemptions, Filing Requirements, Final Rules, Fund Managers, Investment

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Thomas Petrides

New California Labor and Employment Laws for 2025

Every new year brings yuletide greetings, holiday festivities and, as sure as taxes, new California employment laws passed by the California Legislature and approved by the Governor. A brief summary of the most significant of…more

California, Employer Liability Issues, Paid Leave, Popular, Private Attorneys General Act (PAGA)

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Marianna Politis

EEOC Technical Guidance Warns Against DEI-Related Discrimination at Work

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance guidance documents (found here and here) focused on educating “the public about how well-established civil rights rules…more

Anti-Discrimination Policies, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies

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Nicholas Portillo

President Trump Issues Executive Action Directing the Repeal of Unlawful Regulations

On April 9, 2025, President Trump issued a presidential memorandum (the order) directing the heads of all Federal agencies to identify unlawful or potentially unlawful regulations that clearly exceed the agency’s statutory…more

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

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Ryan Probasco

Illinois Governor Expected to Sign Pay Transparency Bill into Law

Illinois is expected to join a number of other states, including California, Colorado and Washington, in requiring the disclosure of salary information in job postings. House Bill 3129 amends the Illinois Equal Pay Act (IEPA),…more

Employer Liability Issues, Equal Pay, Pay Transparency, State Labor Laws, Wage and Hour

See all updates »

Mark Quade

SEC Division of Corporation Finance Staff Issues Guidance on Crypto Assets

As previously summarized here, since SEC Commissioner Mark T. Uyeda was named Acting Chairman on January 21, 2025, the SEC has significantly shifted its approach to cryptocurrency regulation and enforcement actions, including…more

Cryptoassets, Cryptocurrency, Digital Assets, Disclosure Requirements, New Guidance

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Michael Quinn

DOJ Announces New Programs, Continued Focus on Corporate Conduct & Other Highlights from the ABA 39th Annual National Institute on White Collar Crime

Fireside Chat with Attorney General Merrick Garland - A highlight of the conference was a fireside chat with Attorney General Merrick Garland. AG Garland first discussed the important lead the United States has with…more

Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Popular

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Amal Rafiq

Just Dropped: IRS Provides Relief on Roth Contributions for HCEs

In late 2022, Congress passed the SECURE Act 2.0, which, along with other items, introduced a new rule requiring that catch-up contributions made by highly compensated employees be made on a Roth after-tax basis only. Less than…more

Employee Benefits, Highly Compensated Employees, IRS, Retirement Plan, SECURE Act

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Elvira Razzano

Tariffs and Commercial Contracts: When Is Nonperformance Excused, and When Is It a Breach?

In recent weeks, the Trump Administration has imposed sweeping tariffs on U.S. trading partners, based on the country from which the goods are exported and the type of goods imported. For parties to commercial contracts for the…more

Breach of Contract, Contract Disputes, Contract Terms, International Trade, Tariffs

See all updates »

Jason Reese

FTC Publishes Final Revisions to HSR Rules: A New Era of Regulatory Burden

On October 10, 2024, the Federal Trade Commission (“FTC”) released final revisions of the rules that govern filings under the Hart-Scott-Rodino (“HSR”) Antitrust Improvements Act of 1976, as amended (the “Final Rules”). The…more

Disclosure Requirements, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Letters of Intent, Popular

See all updates »

Jonathon Reinisch

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Robert Rigg

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

See all updates »

Simone Riley

The GATS (Global Aircraft Trading System) Out of the Bag

With the COVID-19 pandemic changing the way we live, shop and work, as of June 1, 2020, the Global Aviation Trading System (“GATS”) aims to bring into the 21st century the way we trade and finance aircraft equipment. GATS is a…more

Aircraft, Aircraft Financing, GATS, Insurance Certificates, Lessor

See all updates »

Gregory Ripple

Reminder: Approaching Deadline to Post Last Year’s Work-Related Injuries and Illnesses

As we discussed in a previous post (linked here), many employers have recordkeeping and other annual compliance obligations under Occupational Health and Safety Administration (OSHA) regulations. Employers have a February 1,…more

Department of Labor (DOL), OSHA, Workplace Injury, Workplace Safety

See all updates »

Christopher Rodenbaugh

An Offer You Can’t Refuse: The FTC’s New “Click-to-Cancel” Rule

On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a seller to interpret a customer’s silence or…more

Automatic Renewals, Consumer Contracts, Contract Terms, Corporate Counsel, Disclosure Requirements

See all updates »

Bruce Rosenblum

Board Oversight in the Age of COVID-19: Part Six

Part 6 of a weekly series detailing approaches that independent board members are utilizing to address coronavirus-related matters and highlighting emerging issues. Part 1, Part 2, Part 3, Part 4 and Part 5 of the series may be…more

Board Meetings, Business Continuity Plans, Business Valuations, Funding, Virtual Meetings

See all updates »

David Rownd

Tariffs and Commercial Contracts: When Is Nonperformance Excused, and When Is It a Breach?

In recent weeks, the Trump Administration has imposed sweeping tariffs on U.S. trading partners, based on the country from which the goods are exported and the type of goods imported. For parties to commercial contracts for the…more

Breach of Contract, Contract Disputes, Contract Terms, International Trade, Tariffs

See all updates »

Cheryl Sabnis

The FTC Adopts Final Rule Banning Employee Non-Compete Agreements

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to adopt a Final Rule banning virtually all non-compete agreements between employers and employees. The Final Rule will not go into effect until 120…more

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

See all updates »

Osaama Saifi

New York City's New AI Bias Law

As artificial intelligence (“AI”) tools like ChatGPT, Bing and Baird become more popular, legislation addressing such technology is inevitable. New York City has implemented the first law in the United States that regulates AI…more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Employer Liability Issues, Hiring & Firing

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Keeley Sawyer

Illinois Supreme Court: Increased Risk of Harm Arising from a Data Breach Is Insufficient to Confer Standing

On January 24, 2025, the Illinois Supreme Court ruled in Petta v. Christie Business Holding Co., P.C., 2025 IL 130337, that a patient who alleged an increased risk of harm arising from a data breach at a medical clinic did not…more

Class Action, Consumer Privacy Rights, Cybersecurity, Data Breach, Data Privacy

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Erica Schuman

TCPA Turnstile: Scoping out the TCPA – 2023 Midyear Update (TCPA Case Update Vol. 18)

Just over halfway through 2023, nationwide TCPA jurisprudence is focused on further delineating the scope of the TCPA. As the dust settles from earlier battles over defining ATDS requirements, the cases from this year are…more

ATDS, Auto-Dialed Calls, Class Action, Robocalling, TCPA

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Adam Schwartz

“Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime”: DOJ Announces Criminal Investigation and Enforcement Priorities

On May 12, 2025, Matthew Galeotti, Head of the Criminal Division of the Department of Justice (“DOJ”), published a memorandum outlining the DOJ’s current investigation and enforcement priorities for prosecuting corporate and…more

Anti-Money Laundering, Corporate Crimes, Criminal Investigations, Department of Justice (DOJ), Enforcement Priorities

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Nathaniel Segal

SEC Division of Corporation Finance Staff Issues Guidance on Crypto Assets

As previously summarized here, since SEC Commissioner Mark T. Uyeda was named Acting Chairman on January 21, 2025, the SEC has significantly shifted its approach to cryptocurrency regulation and enforcement actions, including…more

Cryptoassets, Cryptocurrency, Digital Assets, Disclosure Requirements, New Guidance

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Jeremy Senderowicz

SEC Approves Exchange Listings for Spot Ether ETPs

On May 23, 2024, the SEC approved exchange rule changes that will allow the listing and trading of a number of spot Ether exchange-traded products (ETPs). Ether is the second-largest cryptocurrency by market capitalization after…more

Cryptocurrency, Exchange-Traded Products, Securities and Exchange Commission (SEC)

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Christopher Setteducati

COVID-19 and MAC in Financing Agreements

The MAC provision - A material adverse change (“MAC”) provision (depending on where or how it is used) typically references a material adverse change in the business, assets, properties, liabilities, operations, condition or…more

Affirmative Defenses, Borrowers, Burden of Proof, Contract Terms, Coronavirus/COVID-19

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Laure Sguario

SEC Staff No-Action Letter Allows Issuers to Rely on High Minimum Investment Amounts to Verify Purchasers in Rule 506(c) Offerings

On March 12, 2025, the staff of the Securities and Exchange Commission (“SEC”) issued no-action guidance providing that certain minimum investment amounts, along with certain written representations from the purchaser, could…more

Accredited Investors, Investment Funds, Investors, New Guidance, No-Action Letters

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Daniel Sherlock

IRS Says Forgiven PPP Loans Result in Loss of Deductions; Congress May Change That Result

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, was signed into law by President Trump on March 27, 2020. One of the key economic aid provisions for businesses contained in the Act was the Paycheck…more

CARES Act, Internal Revenue Code (IRC), IRS, Loan Forgiveness, Paycheck Protection Program (PPP)

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Daniel Shulman

Review of Trademark Portfolios Necessary in Light of Recent Decision Confirming Narrowness of “Zone of Expansion” Doctrine

The U.S. Court of Appeals for the Federal Circuit last week issued an opinion that explained an often misunderstood doctrine in trademark law -- the "zone of expansion."…more

Appeals, Intellectual Property Protection, IP Portfolio, Trademark Litigation, Trademark Registration

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Jordan Sigale

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

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Sheryl Skibbe

Will PAGA Be Reformed?

The California Private Attorneys General Act (“PAGA”) is set to undergo a significant overhaul, the first since its enactment nearly two decades ago. On June 18, 2024, Governor Gavin Newsom announced that an agreement was…more

Arbitration, Employer Liability Issues, Employment Litigation, Private Attorneys General Act (PAGA)

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Jason Sobelman

“Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime”: DOJ Announces Criminal Investigation and Enforcement Priorities

On May 12, 2025, Matthew Galeotti, Head of the Criminal Division of the Department of Justice (“DOJ”), published a memorandum outlining the DOJ’s current investigation and enforcement priorities for prosecuting corporate and…more

Anti-Money Laundering, Corporate Crimes, Criminal Investigations, Department of Justice (DOJ), Enforcement Priorities

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David Soden

SEC Staff No-Action Letter Allows Issuers to Rely on High Minimum Investment Amounts to Verify Purchasers in Rule 506(c) Offerings

On March 12, 2025, the staff of the Securities and Exchange Commission (“SEC”) issued no-action guidance providing that certain minimum investment amounts, along with certain written representations from the purchaser, could…more

Accredited Investors, Investment Funds, Investors, New Guidance, No-Action Letters

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Patrick Spangler

NEW UPDATES: Conducting Layoffs and Furloughs Resulting From COVID-19 Business Impact

As a result of the coronavirus pandemic, many employers are being forced to make tough workforce decisions to deal with the significant economic impact and uncertainty. Below, we have compiled a list of some of the most common…more

Coronavirus/COVID-19, Employee Benefits, Furloughs, Layoffs, WARN Act

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Kenneth Sparks

Acting NLRB General Counsel Pulls Back Memoranda

On February 3, 2025, President Trump appointed William B. Cowen as Acting General Counsel for the National Labor Relations Board (NLRB). Cowen has previously served in a variety of roles throughout the agency, including most…more

Biden Administration, Enforcement, Labor Reform, NLRA, NLRB

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Daniel Stander

The King’s Speech: Labour’s plans for employment law reforms in the UK

On 17 July 2024, the King delivered his speech at the State Opening of Parliament and the new UK Labour Government’s legislative programme for the year ahead were unveiled…more

Employer Liability Issues, Hiring & Firing, International Labor Laws, UK, Wage and Hour

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Kelly Starr

Just Dropped: IRS Provides Relief on Roth Contributions for HCEs

In late 2022, Congress passed the SECURE Act 2.0, which, along with other items, introduced a new rule requiring that catch-up contributions made by highly compensated employees be made on a Roth after-tax basis only. Less than…more

Employee Benefits, Highly Compensated Employees, IRS, Retirement Plan, SECURE Act

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Joseph Strubbe

BIPA ALERT: An Opening of the Litigation Floodgates?

No Actual Harm Necessary to Assert Biometric Privacy Claims in Illinois - On January 25th, the Illinois Supreme Court held that an individual does not need to allege actual harm in order to seek liquidated damages and…more

Biometric Information, Biometric Information Privacy Act, Data Breach, Data Collection, Data Privacy

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Raviv Surpin

The GATS (Global Aircraft Trading System) Out of the Bag

With the COVID-19 pandemic changing the way we live, shop and work, as of June 1, 2020, the Global Aviation Trading System (“GATS”) aims to bring into the 21st century the way we trade and finance aircraft equipment. GATS is a…more

Aircraft, Aircraft Financing, GATS, Insurance Certificates, Lessor

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Mark Svalina

The Trump Administration’s Reshaping of Digital Asset Policy

Since assuming office on January 20, 2025, President Trump’s Administration, together with various federal agencies and Congress, have initiated several actions that have the potential to reshape the digital asset industry…more

Cryptocurrency, Department of Justice (DOJ), Digital Assets, Executive Orders, Regulatory Reform

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Andrew Sylora

New Oregon Law Imposes Significant Corporate Practice of Medicine Restrictions

On June 9, 2025, Oregon Governor Tina Kotek signed into law Senate Bill 951 (the “2025 Act”). Unlike California’s AB 3129, which was vetoed by California Governor Gavin Newsom in September 2024, the passage of the 2025 Act is…more

Acquisitions, Contract Terms, Corporate Practice of Medicine, Health Care Providers, New Legislation

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Venu Talanki

Update 4.0 to Main Street Lending Program

On June 8, 2020, the Federal Reserve Bank of Boston released updated Frequently Asked Questions (FAQs) and Term Sheets with respect to the Main Street Lending Program. Subsequently, on June 11, 2020, the Federal Reserve Bank of…more

Federal Reserve, Guidance Update, Main Street Expanded Loan Facility, Main Street Lending Programs, Main Street New Loan Facility

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Fernando Tamayo

DOJ Issues New FCPA Enforcement Guidelines

On June 9, 2025, the U.S. Department of Justice (DOJ) released a memorandum establishing long-awaited guidance for the investigation and enforcement of the Foreign Corrupt Practices Act (FCPA). The guidance was a direct result…more

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

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Joel Thielen

The Corporate Transparency Act December 2023 Update

The Corporate Transparency Act (“CTA” or the “Act”) comes into effect on January 1, 2024. Enacted by Congress as part of the Anti-Money Laundering Act of 2020, the CTA requires certain entities, domestic and foreign, to report…more

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

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Jacob Tiedt

SEC Division of Corporation Finance Staff Issues Guidance on Crypto Assets

As previously summarized here, since SEC Commissioner Mark T. Uyeda was named Acting Chairman on January 21, 2025, the SEC has significantly shifted its approach to cryptocurrency regulation and enforcement actions, including…more

Cryptoassets, Cryptocurrency, Digital Assets, Disclosure Requirements, New Guidance

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Richard Tilghman IV

Illinois Supreme Court: Increased Risk of Harm Arising from a Data Breach Is Insufficient to Confer Standing

On January 24, 2025, the Illinois Supreme Court ruled in Petta v. Christie Business Holding Co., P.C., 2025 IL 130337, that a patient who alleged an increased risk of harm arising from a data breach at a medical clinic did not…more

Class Action, Consumer Privacy Rights, Cybersecurity, Data Breach, Data Privacy

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Carissa Townsend

Supreme Court Rules that Cases Subject to Arbitration Must Be Stayed

On May 16, 2024, the U.S. Supreme Court unanimously held that lawsuits involving an arbitrable dispute must be stayed upon the request of a party. Rather than dismiss the case, section 3 of the Federal Arbitration Act (the…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, SCOTUS, Section 3

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Rachel Trouba

Highlights from 2024 ALI-CLE Accountants’ Liability Conference

The annual ALI-CLE Accountants’ Liability Conference occurred in Washington, D.C. on May 16 and 17, 2024 and was co-hosted by Junaid A. Zubairi, Chair of Vedder Price’s Government Investigations and White Collar Defense group,…more

Accountants, Auditors, Audits, PCAOB, Securities and Exchange Commission (SEC)

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Michael Turgeon

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice for…more

Amazon, Artificial Intelligence, Continuing Legal Education, Copyright, Copyright Infringement

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Madeline Tzall

SCOTUS Catapults Class Arbitration Onto the Endangered Species List

On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data…more

Ambiguous, Appeals, Arbitration, Arbitration Agreements, Class Arbitration

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Olivia Ustupski

Cunningham v. Cornell University

On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion on the requirements for plaintiffs to survive a motion to dismiss regarding an allegation that plan fiduciaries engaged in a prohibited transaction under the…more

Appeals, Benefit Plan Sponsors, Employee Retirement Income Security Act (ERISA), ERISA Litigation, Fiduciary Duty

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Kimberly Karcewski Vargo

Board Oversight in the Age of COVID-19: Part Six

Part 6 of a weekly series detailing approaches that independent board members are utilizing to address coronavirus-related matters and highlighting emerging issues. Part 1, Part 2, Part 3, Part 4 and Part 5 of the series may be…more

Board Meetings, Business Continuity Plans, Business Valuations, Funding, Virtual Meetings

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Cody Vitello

SEC Staff No-Action Letter Allows Issuers to Rely on High Minimum Investment Amounts to Verify Purchasers in Rule 506(c) Offerings

On March 12, 2025, the staff of the Securities and Exchange Commission (“SEC”) issued no-action guidance providing that certain minimum investment amounts, along with certain written representations from the purchaser, could…more

Accredited Investors, Investment Funds, Investors, New Guidance, No-Action Letters

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Jeff VonDruska

SEC Staff No-Action Letter Allows Issuers to Rely on High Minimum Investment Amounts to Verify Purchasers in Rule 506(c) Offerings

On March 12, 2025, the staff of the Securities and Exchange Commission (“SEC”) issued no-action guidance providing that certain minimum investment amounts, along with certain written representations from the purchaser, could…more

Accredited Investors, Investment Funds, Investors, New Guidance, No-Action Letters

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Michael Wahlander

Ringing in the New California Laws

With the holiday season in full swing and 2024 rapidly approaching, we thought now would be a good time to remind employers of the “gifts” given to them by the California Legislature in 2023 that become effective in 2024. This…more

Drug Testing, Employer Liability Issues, Minimum Wage, Non-Compete Agreements, Paid Leave

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Lyndsey Wajert

NetChoice Succeeds in Striking Down Utah Social Media Law Under First Amendment

A federal court last week sustained a First Amendment challenge to a Utah law aimed at addressing the use of social media platforms by minors, holding that the law’s proponents failed to demonstrate that the law served a…more

First Amendment, Moody v NetChoice LLC, Online Platforms, Social Media, Social Networks

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Peter Walrod

Will PAGA Be Reformed?

The California Private Attorneys General Act (“PAGA”) is set to undergo a significant overhaul, the first since its enactment nearly two decades ago. On June 18, 2024, Governor Gavin Newsom announced that an agreement was…more

Arbitration, Employer Liability Issues, Employment Litigation, Private Attorneys General Act (PAGA)

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Charlie Wang

L.A. County Board of Supervisors Passes Fair Chance Ordinance

The Los Angeles County Board of Supervisors recently passed the Fair Chance Ordinance for Employers (“Ordinance”), L.A. Cnty. Code § 8.300 et seq., in an effort to ensure “individuals with criminal records have fair and…more

Criminal Background Checks, Criminal Records, Employer Liability Issues, Fair Chance Act, Hiring & Firing

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Zachary Watters

Seventh Circuit Follows Illinois Supreme Court Precedent And Finds BIPA Claims Timely

In a ruling that maintains the status quo created by the Illinois Supreme Court’s holding in Cothron v. White Castle System, Inc., 2023 IL 128004, the Seventh Circuit recently affirmed the trial court’s ruling that certain of…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Fingerprints

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Alex Weinstein

President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful…more

Civil Rights Act, Constitutional Challenges, Department of Justice (DOJ), Disparate Impact, Employment Discrimination

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Brian Wendt

Embraer v. Dougherty Air Trustee: Avoiding Foot Faults in Your Residual Value Guarantee Contract

In the early 1990s, airlines primarily relied on two types of aircraft to transport their passengers: (1) small turboprops and (2) single-aisle 100-seat jets. Seeking to exploit a potential gap in the market, Bombardier and…more

Aircraft, Aircraft Equipment, Aircraft Financing, Aircraft Sales, Aviation Industry

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Christina West

SEC Extends Compliance Dates for Names Rule Amendments

On March 14, 2025, the SEC announced a six-month extension of the compliance dates for its previously adopted amendments to Rule 35d-1 under the Investment Company Act of 1940 (known as the Names Rule). The compliance date is…more

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

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Jonathan Wexler

New York State 2025 Budget Includes Limitation on Damages in Frequency-of-Pay Cases

On May 9, 2025, New York Governor Kathy Hochul signed Senate Bill S3006C into law which concerns New York State’s education, labor, housing, and family assistance budget for the 2025-2026 fiscal year. This budget, among many…more

Employee Rights, Employer Liability Issues, Employment Litigation, Labor Reform, Liquidated Damages

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Jake Wiesen

SEC Division of Corporation Finance Staff Issues Guidance on Crypto Assets

As previously summarized here, since SEC Commissioner Mark T. Uyeda was named Acting Chairman on January 21, 2025, the SEC has significantly shifted its approach to cryptocurrency regulation and enforcement actions, including…more

Cryptoassets, Cryptocurrency, Digital Assets, Disclosure Requirements, New Guidance

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Kwashay Wilkerson

SEC Settles Charges Against Advisers for Alleged False and Misleading Statements About Their Use of Artificial Intelligence

On March 18, 2024, the SEC announced that it had settled charges against two investment advisers for allegedly making false and misleading statements about their use of artificial intelligence (AI) in providing advisory…more

Artificial Intelligence, False Statements, Investment Adviser, Misleading Statements, Securities and Exchange Commission (SEC)

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Benjamin Williams

The Corporate Transparency Act December 2023 Update

The Corporate Transparency Act (“CTA” or the “Act”) comes into effect on January 1, 2024. Enacted by Congress as part of the Anti-Money Laundering Act of 2020, the CTA requires certain entities, domestic and foreign, to report…more

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

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Samuel Wilson

HMRC's slice of Italian restaurant's restructuring plan is big enough, finds English court

Summary - On 5 July 2023 the English High Court handed down its judgment to In the matter of Prezzo Investco Limited and In the matter of the Companies Act 2006 [2023] EWHC 1679 (Ch), another case (hot on the heels of The…more

HMRC, Restructuring, Tax Authority, Tax Liability, UK

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Nicole Wing

The Seventh Circuit Addresses the Use of Utility Patents as Evidence of Functionality of Trade Dress

On June 12, 2019, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 U.S. App. LEXIS 17555 (7th Cir. June 12, 2019). The case, led by Vedder Price Shareholder…more

Design Patent, Evidence, Federal Rules of Evidence, Functionality, Intellectual Property Protection

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Ari Wininger

New California Labor and Employment Laws for 2025

Every new year brings yuletide greetings, holiday festivities and, as sure as taxes, new California employment laws passed by the California Legislature and approved by the Governor. A brief summary of the most significant of…more

California, Employer Liability Issues, Paid Leave, Popular, Private Attorneys General Act (PAGA)

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Trevor Wood

HMRC's slice of Italian restaurant's restructuring plan is big enough, finds English court

Summary - On 5 July 2023 the English High Court handed down its judgment to In the matter of Prezzo Investco Limited and In the matter of the Companies Act 2006 [2023] EWHC 1679 (Ch), another case (hot on the heels of The…more

HMRC, Restructuring, Tax Authority, Tax Liability, UK

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Henrietta Worthington

Global Transportation Finance Newsletter: September 2024

SAF: Understanding Lifecycle Emissions - The Executive Summary to the International Air Transport Association’s (IATA) Net Zero Roadmaps1 acknowledges that aviation is “one of the hardest sectors to decarbonize” but notes…more

Aviation Industry, Climate Change, Department of Transportation (DOT), Greenhouse Gas Emissions, Net Zero

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Gregory Wrobel

FTC Publishes Final Revisions to HSR Rules: A New Era of Regulatory Burden

On October 10, 2024, the Federal Trade Commission (“FTC”) released final revisions of the rules that govern filings under the Hart-Scott-Rodino (“HSR”) Antitrust Improvements Act of 1976, as amended (the “Final Rules”). The…more

Disclosure Requirements, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Letters of Intent, Popular

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Sarah Yeow

Global Transportation Finance Newsletter: September 2024

SAF: Understanding Lifecycle Emissions - The Executive Summary to the International Air Transport Association’s (IATA) Net Zero Roadmaps1 acknowledges that aviation is “one of the hardest sectors to decarbonize” but notes…more

Aviation Industry, Climate Change, Department of Transportation (DOT), Greenhouse Gas Emissions, Net Zero

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Austin Young

Earnouts Back on the Rise in M&A Transactions: What Purchasers, Sellers and Lenders Need to Know

The pace of earnouts accelerates in M&A transactions whenever market conditions create a value gap between seller price expectations and buyer confidence levels. Earnouts are most common when the volume of merger and…more

Acquisitions, Buyers, Earn-Outs, Lenders, Mergers

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Hannah Yozzo

New Jersey SLAPPs Back: New Jersey Court of Appeals Eradicates Anti-SLAPP Loophole

On May 29, 2025, the New Jersey Court of Appeals reversed dismissal in Satz v. Starr, No. A-2785-23, 2025 WL 1522032 (N.J. Super. Ct. App. Div. May 29, 2025), holding that the plaintiff’s voluntary dismissal of his claims did…more

Anti-SLAPP, Appeals, Attorney's Fees, First Amendment, Free Speech

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Candice Zee

Recent Litigation in California Challenges New Captive Audience Meeting Bill

On December 31, 2024, the California Chamber of Commerce and California Restaurant Association (CRA) filed a complaint in federal court seeking to enjoin enforcement of Senate Bill (S.B.) 399, signed into law by Governor Gavin…more

California, Employee Rights, Employment Litigation, Free Speech, NLRB

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Nicholas Zlevor

An Offer You Can’t Refuse: The FTC’s New “Click-to-Cancel” Rule

On January 14, 2025, the first part of the Federal Trade Commission’s (“FTC”) update to the Negative Option Rule went into effect. Negative options are contract terms that allow a seller to interpret a customer’s silence or…more

Automatic Renewals, Consumer Contracts, Contract Terms, Corporate Counsel, Disclosure Requirements

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Junaid Zubairi

“Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime”: DOJ Announces Criminal Investigation and Enforcement Priorities

On May 12, 2025, Matthew Galeotti, Head of the Criminal Division of the Department of Justice (“DOJ”), published a memorandum outlining the DOJ’s current investigation and enforcement priorities for prosecuting corporate and…more

Anti-Money Laundering, Corporate Crimes, Criminal Investigations, Department of Justice (DOJ), Enforcement Priorities

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