Venable LLP

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600 Massachusetts Ave NW,
Washington, DC 20001, United States
Phone: (202) 344-4000
Fax: (202) 344-8300
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
  • Maryland
  • New York
  • Virginia
Number of Attorneys
800+ Attorneys

February 29 Deadlines for Group Health Plans

February 29 brings two annual deadlines for employers that sponsor a group health plan for their employees. Medicare Part D—Creditable Coverage Disclosure to CMS - An employer with a group health plan that provides…more

Centers for Medicare & Medicaid Services (CMS), Compensation & Benefits, Department of Health and Human Services (HHS), Employer Group Health Plans, Health Insurance Portability and Accountability Act (HIPAA)

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NEPA Amendments: Highlights and Practical Implications

The Fiscal Responsibility Act of 2023 most notably raised the debt ceiling. But the legislation also made substantive changes to the National Environmental Policy Act (NEPA), with an eye toward simplifying and streamlining…more

CEQ, CEQA, Deadlines, Debt Ceiling, Environmental Assessments

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Washington's My Health My Data Act - Are You Prepared?

Washington's My Health My Data Act (MHMDA) goes into effect on March 31, 2024, for most entities subject to the law. The MHMDA imposes new notice and consent requirements for the processing of "consumer health data," with…more

Compliance, Consumer Privacy Rights, Data Privacy, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

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Regulations Implementing California's Charitable Fundraising Platform Law Finalized: Significant Compliance Changes Lie Ahead

California has approved final regulations (Final Regulations) to implement Assembly Bill 488 (AB 488), which was signed into law in October 2021. The law amended The Supervision of Trustees and Fundraisers for Charitable…more

Amended Legislation, Charitable Donations, Charitable Organizations, Compliance, Contests & Promotions

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Virginia Supreme Court Strikes Down Fairfax County Zoning Ordinance Amendment

Last Thursday, the Supreme Court of Virginia, in Berry v. Board of Supervisors, struck down the Fairfax County Zoning Ordinance Amendment, familiarly known as zMod, which had been in effect since July 1, 2021…more

FOIA, Local Ordinance, Open Meetings Act, VA Supreme Court, Virtual Meetings

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Separation of Church and Cubicle: Supreme Court Considers Increasing Burden on Employers

How far must employers go to accommodate their employees' sincerely held religious beliefs? Last month, the Supreme Court heard oral argument in Groff v. DeJoy, a case that asks the Justices to answer this very question—and…more

Americans with Disabilities Act (ADA), De Minimus Doctrine, Employment Policies, Groff v DeJoy, Oral Argument

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Proxy Materials and Annual Meetings under Maryland Law - 2024

As we enter the 2024 proxy season, we are providing our annual memorandum to call your attention to certain matters of Maryland law, some new and some continuing, relating to proxy materials and annual meetings about which we…more

Annual Meeting, Corporate Governance, Proxy Materials, Proxy Season, Proxy Statements

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NYC DOT Adopts New Rules for Outdoor Dining

Effective March 3, 2024, the New York City Department of Transportation (NYC DOT) adopted new rules for the City's permanent outdoor dining program, Dining Out NYC. Spanning approximately 30 pages, the new rules replace the…more

City of New York, Coronavirus/COVID-19, Department of Transportation (DOT), Hospitality Industry, Restaurant Industry

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Vanessa Bryant v. County of Los Angeles, et al.

More than two years have passed since the tragic helicopter crash that killed basketball player Kobe Bryant, his daughter Gianna Bryant, and all others on board the January 26, 2020 flight. Since that time, several cases related…more

Discovery, Doctor-Patient Privilege, Emotional Injury Claims, PHI, Proximate Cause

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What the Bleep!?: NLRB Makes it More Difficult to Discipline Employee Outbursts

On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the…more

Discipline, Employee Misconduct, Employee Rights, Hiring & Firing, NLRB

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Estrada v. Royalty Carpet Mills, Inc. - California Supreme Court Clarifies Trial Courts' Power to Manage PAGA Claims

On January 18, 2024, the California Supreme Court issued its long-awaited opinion in Jorge Luis Estrada et al. v. Royalty Carpet Mills, Inc., resolving a court of appeal split between the Second District (Wesson v. Staples the…more

CA Supreme Court, Class Action, Dismissal With Prejudice, Employer Liability Issues, Judicial Authority

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CFPB Homes in on Mortgage "Junk Fees"

Recent releases from the Consumer Financial Protection Bureau (CFPB) show that the mortgage industry is in the crosshairs of the CFPB's campaign against so-called junk fees. Earlier this year, the CFPB indicated its interest in…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Financial Services Industry

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Reminder: California’s Valentine’s Day Deadline to Notify Employees if They Have Void Noncompetes Is Tomorrow (Feb 14)

California has long prohibited post-employment noncompetes, subject to certain narrow exceptions. Recently, it added some teeth to that prohibition in the form of a requirement for employers to notify California employees who…more

Former Employee, Non-Compete Agreements, Notice Requirements, Statutory Deadlines, Void and Unenforceable

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What Every Company Should Know about Child and Teen Privacy in 2024

Federal and state regulators have previously prioritized minors’ online privacy regulation, and this trend is poised to continue in 2024. Chief among these laws is the federal Children’s Online Privacy Protection Act (COPPA),…more

Consent, COPPA, Data Collection, Data Privacy, Enforcement Actions

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SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

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NYC DOT Adopts New Rules for Outdoor Dining

Effective March 3, 2024, the New York City Department of Transportation (NYC DOT) adopted new rules for the City's permanent outdoor dining program, Dining Out NYC. Spanning approximately 30 pages, the new rules replace the…more

City of New York, Coronavirus/COVID-19, Department of Transportation (DOT), Hospitality Industry, Restaurant Industry

See all updates »

[Ongoing Program] Life Sciences Series - Current Trends in ANDA Litigation - October 31st, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Abbreviated New Drug Application (ANDA), Hatch-Waxman, Inducement, Intellectual Property Litigation, Intellectual Property Protection

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Embedded Instagram Content Passes the Server Test, According to Ninth Circuit

On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram…more

Amazon, Class Action, Copyright Infringement, Copyright Litigation, Copyright Ownership

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[Webinar] Nonprofit Organization Data Privacy and Security - March 16th, 12:30 pm - 1:30 pm ET

The regulatory landscape governing how your nonprofit must protect its data and what it needs to do in the event of a breach is constantly shifting. With new privacy laws in multiple states—including most notably Colorado—and…more

Best Practices, Charitable Organizations, Cybersecurity, Data Breach, Data Privacy

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CFPB Proposes “Larger Participant” Rule to Supervise GeneralUse Digital Consumer Payment Applications

The Consumer Financial Protection Bureau (CFPB) has proposed a rule to define a market for general-use digital consumer payment applications. Larger participants in this market would be subject to CFPB supervision and…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Digital Assets, Digital Wallets, Financial Services Industry

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USPTO Rejects "Contingent" Terminal Disclaimer

On January 18, 2024, the USPTO rejected a "contingent" terminal disclaimer filed by Acadia Pharmaceuticals Inc. (Acadia) for a patent it owns that is being challenged in a pending litigation as invalid for obviousness-type…more

Abbreviated New Drug Application (ANDA), Obviousness, Obviousness-Type Double Patenting (ODP), Orange Book, Patent Litigation

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Evaluating the Cybersecurity Risk of Your Mailing and Publishing Partners

Cybersecurity is a growing concern for all nonprofit organizations, especially those that store, process, and transmit sensitive data. While it is common to think of the cyber issue as relevant to digital communications and…more

Confidential Information, Cybersecurity, Data Protection, Data-Sharing, Donors

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Let's Chat: Influencers and Brands Testing the Waters of Generative AI Must Navigate Data Privacy and FTC Issues

Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way…more

Artificial Intelligence, Brand, Competition, Data Privacy, Federal Trade Commission (FTC)

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CFPB Homes in on Mortgage "Junk Fees"

Recent releases from the Consumer Financial Protection Bureau (CFPB) show that the mortgage industry is in the crosshairs of the CFPB's campaign against so-called junk fees. Earlier this year, the CFPB indicated its interest in…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Financial Services Industry

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Education Roundup: Challenges to DEI Efforts Continue in the Wake of Students For Fair Admissions

Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision (Decision)…more

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

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What Every Company Should Know about Child and Teen Privacy in 2024

Federal and state regulators have previously prioritized minors’ online privacy regulation, and this trend is poised to continue in 2024. Chief among these laws is the federal Children’s Online Privacy Protection Act (COPPA),…more

Consent, COPPA, Data Collection, Data Privacy, Enforcement Actions

See all updates »

NLRB Allows Unions to Represent Workers Without a Formal Vote

On August 25, 2023, the National Labor Relations Board (NLRB or the Board) decided that employers must either recognize a new union or promptly file for an election when a union asks for recognition based on a majority of…more

Bargaining Units, Collective Bargaining, Employee Rights, Labor Regulations, Labor Relations

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How the White House's New "Guidebook" Can Help Make Sense of Infrastructure Funding

In Washington, Congress has not reached the consensus needed for passage of the Build Back Better legislation; however, that has not stopped rollout of the programs and initial funding included in the Bipartisan Infrastructure…more

Biden Administration, Highways, Infrastructure, Infrastructure Financing, Infrastructure Investment and Jobs Act (IIJA)

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Ninth Circuit Rules That TCPA Aggregated Statutory Damages Might Be Unconstitutionally Punitive

​​​​​​​For those embroiled in Telephone Consumer Protection Act (TCPA) class action litigation, the sum of the damages may not necessarily equal the whole. In Wakefield v. ViSalus, Inc., the plaintiff and certified nationwide…more

Calculation of Damages, Class Action, Corporate Counsel, Due Process, Fifth Amendment

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Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct Competition Even Without a Non-compete

The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the same…more

Breach of Duty, Competition, Confidential Information, Duty of Loyalty, Federal Contractors

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Is Your Business Ready for the Corporate Transparency Act?

Beginning January 1, 2024, the Corporate Transparency Act (CTA) will take effect and impose an obligation on many U.S. entities (and foreign entities doing business in the United States), unless exempted, to report to the…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN

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Addressing Pipeline and Other Supply Chain Issues During the Transition to Cleaner Aviation Fuel

As industries move toward cleaner energy sources, crucial sectors of the economy—notably aviation—cannot realistically be powered with electricity and must be powered by cleaner physical fuels, such as sustainable aviation fuel…more

Aviation Industry, FERC, Fossil Fuel, Pipelines, Supply Chain

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The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - March 2024

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous vehicles, smart infrastructure, emerging…more

Artificial Intelligence, Biden Administration, Charging Stations, Connected Cars, Critical Infrastructure Sectors

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The FDIC's Tougher Policy on Mergers - Why It Matters for Banks and Fintechs

The FDIC proposed revisions last month to its existing policy on how it evaluates merger transactions that require the FDIC's approval under the Bank Merger Act (BMA)…more

Bank Merger Act, Banking Sector, Banks, Covered Transactions, FDIC

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New York Implements a New Surcharge Law: What the Changes Mean for Shoppers and Businesses

On February 11, 2024, a new law went into effect in New York, establishing important limits and rules for surcharging. Enacted in December 2023, the new statute has a price disclosure component, detailing how surcharge prices…more

Constitutional Challenges, Consumer Financial Products, Credit Card Surcharges, Credit Cards, Disclosure Requirements

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Preparing for the EU Cyber Resilience Act

The European Union (EU) is poised to enact the Cyber Resilience Act (CRA), a comprehensive cybersecurity regulation with major implications for software and connected device manufacturers in the United States and globally…more

Compliance, Cyber Incident Reporting, Cybersecurity, Effective Date, Electronic Devices

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Estrada v. Royalty Carpet Mills, Inc. - California Supreme Court Clarifies Trial Courts' Power to Manage PAGA Claims

On January 18, 2024, the California Supreme Court issued its long-awaited opinion in Jorge Luis Estrada et al. v. Royalty Carpet Mills, Inc., resolving a court of appeal split between the Second District (Wesson v. Staples the…more

CA Supreme Court, Class Action, Dismissal With Prejudice, Employer Liability Issues, Judicial Authority

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Eleventh Circuit Affirms MTV Floribama Shore Does Not Infringe Flora-Bama Trademark

The United States Court of Appeals for the Eleventh Circuit recently affirmed dismissal of a trademark infringement lawsuit against the producers of MTV Floribama Shore in MGFB Properties, Inc. v. Viacom Inc., 54 F.4th 670 (11th…more

Appeals, Artistic Works, First Amendment, Lanham Act, MTV

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Yes, Contractors and Providers, What You Think Matters - U.S. Supreme Court Unanimously Holds That Defendants' Subjective Beliefs Must be Considered in False Claims Act Cases

On June 1, 2023, the U.S. Supreme Court issued a unanimous opinion in United States ex rel. Schutte v. SuperValu Inc. reversing a pair of False Claims Act (FCA) cases on review from the Seventh Circuit Court of Appeals. In what…more

Drug Pricing, False Claims Act (FCA), Fraud, Medicaid, Medicare

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Treasury Doubles Up Enforcement Efforts Against Noncompliant Crypto Platforms

​​​​​​​The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) and Office of Foreign Assets Control (OFAC) announced yesterday that they had reached settlements for over $24 million and $29 million,…more

Bank Secrecy Act, BSA/AML, Compliance, Crypto Exchanges, Cryptocurrency

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Save a Life at Work with Naloxone Training

Don't wait until an employee or customer overdoses on opioids at your business to consider implementing a workplace naloxone program. Naloxone is a life-saving opioid overdose treatment that is administered as a nasal spray and…more

Good Samaritans, Safety Precautions, Training

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WAVe Presents: A Conversation with Mary Ann Sieghart, Author of The Authority Gap

As part of our Women's History Month celebrations, Venable partner and WAVe chair Jen Bruton hosted a conversation with journalist and author Mary Ann Sieghart to discuss her bestselling book, The Authority Gap: Why Women Are…more

Bias, Gender Discrimination, Gender Equity, Gender-Based Pay Discrimination, Women in the Law

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On April 1, 2024, California's New Office of Health Care Affordability Will Begin Pre-Closing Regulatory Reviews of Certain Health Care Transactions

On June 30, 2022, California Governor Gavin Newsom signed SB-184 into law, which, among other things, created a new Office of Health Care Affordability (OHCA) within the CA Department of Health Care Access and Information. …more

Administrative Agencies, Duty of Oversight, Governor Newsom, Health Care Providers, Healthcare Costs

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How the White House's New "Guidebook" Can Help Make Sense of Infrastructure Funding

In Washington, Congress has not reached the consensus needed for passage of the Build Back Better legislation; however, that has not stopped rollout of the programs and initial funding included in the Bipartisan Infrastructure…more

Biden Administration, Highways, Infrastructure, Infrastructure Financing, Infrastructure Investment and Jobs Act (IIJA)

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Everybody Hurts: Rethinking the Material Harm Requirement in Employment Discrimination Claims

The Supreme Court recently heard the case of Muldrow v. City of St. Louis, a decision that could expand the scope of Title VII’s discrimination protections. With this case, the Court could expose all of an organization’s…more

Adverse Employment Action, Civil Rights Act, Employer Liability Issues, Employment Litigation, Muldrow v City of St Louis

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Generative AI - Copyright Overview - Part 2

As discussed in part 1 of this two-part series, generative artificial intelligence (AI) is a technology poised to disrupt how artwork is created, software is developed, and text is written. The technological advancements in this…more

Art, Artificial Intelligence, Authorship, Copyright, Copyright Office

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Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes - Potential for Abuse at the ITC

The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long…more

Article I, Copyright, Domestic Corporations, Forum Selection, Infringement

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SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

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Maryland Tax Updates - January 2024

Tax Court Modifies Rushmore Method for Hotel Valuation. The Maryland Tax Court recently modified the traditional Rushmore income approach used to determine the fair market value (FMV) of the real estate component of a hotel…more

Advertising, Comptroller, Deed of Trust, Digital Media, Fair Market Value

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SCOTUS Holds Highly Compensated Daily-Rate Employees May Be Entitled to Overtime

On February 22, 2023, the Supreme Court clarified the requirements for highly compensated employees to be considered executives exempt from overtime pay under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions Group…more

Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984

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Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes - Potential for Abuse at the ITC

The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long…more

Article I, Copyright, Domestic Corporations, Forum Selection, Infringement

See all updates »

Cryptocurrencies, NFTs, and State Tax - There's Lots That We Don't Know Yet

Every so often something new and different comes along in the world of state and local tax that does not fit within the existing conceptual frameworks and rules. For example, the delivery of digital books and other digital media…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Marketplace

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“Free” Must Mean Free? FTC Seeks to Enjoin Intuit from Advertising TurboTax as a “Free” Service

At the peak of tax-filing season, when millions of consumers are still considering their method of filing, the Federal Trade Commission has set its sights on Intuit, Inc., one of the largest online tax-filing services. On…more

Advertising, E-Filing, Enforcement Actions, Federal Trade Commission (FTC), Fees

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Proposed Regulations Change PFIC Elections for Partnerships

On January 24, 2022, the IRS issued proposed regulations that impact certain elections available to U.S. taxpayers with respect to their indirect interests in passive foreign investment companies (PFICs). Pursuant to the…more

Controlled Foreign Corporations, IRS, Partnerships, Passive Foreign Investment Company, Proposed Regulation

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The FTC Brings More Light to Dark Patterns in New Staff Report

​​​​​​​By a unanimous 5-0 vote, the Federal Trade Commission last week released a staff report that sheds light on the agency’s enforcement positions and priorities regarding digital “dark patterns,” which the FTC defines as…more

Advertising, Corporate Counsel, Enforcement Priorities, Federal Trade Commission (FTC), Information Reports

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California Supreme Court Clarifies What Qualifies as Hours Worked

Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees…more

Apple, CA Supreme Court, Class Action, Control Test, Employer Liability Issues

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New Carrot, New Stick: Commerce Encourages Voluntary Self-Disclosures and Disclosures on Others for Potential Export Control Violations

On April 18, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) issued a policy memorandum clarifying the Office of Export Enforcement’s (OEE) policies encouraging both Voluntary Self-Disclosures (VSDs)…more

Bureau of Industry and Security (BIS), Civil Monetary Penalty, Enforcement, Enforcement Actions, Entity List

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Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

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PTAB Proposes Rules Governing Director Review of PTAB Decisions

On April 16, 2024, the PTAB proposed new rules (“proposed rules”) governing the Director Review process, which would remain consistent with the Interim review process currently in place, and codify those procedures…more

Administrative Proceedings, Administrative Review, America Invents Act, Comment Period, Directors

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Should I Register My Entity to Do Business in a State? Supreme Court Case Reminds Us of the Scope of Considerations

Clients frequently ask whether a business entity needs to register to do business in a particular state with which the entity has begun to have some degree of ongoing contact. In responding we typically consider the state's…more

Business Formation, Business Taxes, Corporate Governance, Doing Business, Due Process

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Green Book Proposals Related to Estate and Gift Tax

On March 28, the Biden administration released its budget recommendations for fiscal year 2023 (which begins this October 1). The budget calls for nearly $5.8 trillion in spending during the upcoming fiscal year, offset by $4.6…more

Biden Administration, Electronic Filing, Estate Tax, Federal Budget, Gift Tax

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Nonresident Owners Selling a Business with California Contacts? Be Wary of Selling Through a Conduit Holding Entity

Clients frequently come to us while in the process of selling interests in California-based businesses. Clients who are not residents of California typically expect that they will not be subject to California income tax on the…more

Administrative Hearings, Corporate Restructuring, Franchise Tax Board, Income Taxes, Internal Revenue Code (IRC)

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New York State Freelance Isn't Free Act

Vetoed in 2022, subsequently signed into law by Governor Kathy Hochul last year, and rolled out with a delay, New York State's Freelance Isn't Free Act (FIFA) finally goes into effect on August 28, 2024. The legislation is…more

Employer Liability Issues, Employer Responsibilities, Freelance Isn't Free Act (FIFA), Freelance Workers, Gig Economy

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CFPB Homes in on Mortgage "Junk Fees"

Recent releases from the Consumer Financial Protection Bureau (CFPB) show that the mortgage industry is in the crosshairs of the CFPB's campaign against so-called junk fees. Earlier this year, the CFPB indicated its interest in…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Financial Services Industry

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What's Old Is New Again: Department of Labor Issues Final Rule Returning to Totality-of-Circumstances Test to Determine Independent Contractor Status

Earlier this month, the U.S. Department of Labor (DOL) published a final rule on how employers should properly determine whether a worker is to be classified as an employee or an independent contractor under the Fair Labor…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Medical Device Update: FDA Publishes Three New Guidance Documents for the 510(k) Premarket Notification Program

The latest efforts by the U.S. Food and Drug Administration (FDA) to modernize regulation of the 510(k) program come in the form of a trio of new draft guidance documents regarding its Premarket Notification program for medical…more

Clinical Evaluations, Comment Period, Food and Drug Administration (FDA), Life Sciences, Medical Devices

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Federal Efforts to Incentivize States to Promulgate False Claims Statutes

The federal False Claims Act (FCA) is widely regarded as a powerful tool to punish fraud against the federal government. Since 1986, the federal government has recovered more than $75 billion from FCA settlements and…more

Anti-Retaliation Provisions, Civil Monetary Penalty, Deficit Reduction, Department of Health and Human Services (HHS), Enforcement Authority

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Surviving an FTC Investigation: An Excerpt from the Advertising Law Tool Kit

If your advertising or marketing practices have triggered a Federal Trade Commission (FTC) investigation and you have received a civil investigative demand (CID) (i.e., administrative subpoena) or access letter, what’s next?…more

Advertising, Best Practices, Civil Investigation Demand, Federal Trade Commission (FTC), FTC Act

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Federal Circuit Panel Hears Oral Arguments in In re Cellect, LLC to determine the Fate of Patent Term Adjustments

On June 9, 2023, the Federal Circuit—presided over by Judges Lourie, Dyk, and Reyna—held oral arguments in In re Cellect, LLC. The case that many clients, especially the biotechnology and pharmaceutical companies, have been…more

Obviousness, Obviousness-Type Double Patenting (ODP), Oral Argument, Patent Litigation, Patent Term Adjustment

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Looming CTA Disclosure Requirements and Healthcare Providers

The Federal Corporate Transparency Act (the CTA), 31 U.S.C. §5336, will soon require certain entities to disclose to the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN) certain pieces of identifying information…more

Anti-Money Laundering, Beneficial Owner, Centers for Medicare & Medicaid Services (CMS), Corporate Transparency Act, Covered Entities

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Highlights of the 2023 NAAG/NASCO Annual Conference

The National Association of Attorneys General (NAAG), in conjunction with the National Association of State Charity Officials (NASCO), hosted its annual conference to discuss the state of charities and a variety of issues…more

Corporate Governance, Enforcement, Enforcement Actions, Enforcement Priorities, Nonprofits

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Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Office, Copyright Ownership

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Navigating the Corporate Transparency Act

Federal law will soon require for the first time that certain companies disclose personally identifiable information about themselves and their beneficial owners and company applicants to U.S. Treasury’s Financial Crimes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

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CFIUS Proposes Increased Penalties for Noncompliance and Updated Mitigation and Enforcement Rules

As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement and…more

Administrative Procedure, CFIUS, Civil Monetary Penalty, Comment Period, Compliance

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Navigating the Corporate Transparency Act

Federal law will soon require for the first time that certain companies disclose personally identifiable information about themselves and their beneficial owners and company applicants to U.S. Treasury’s Financial Crimes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

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Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

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November 2023 Government Contracts Roundup

As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid…more

Bid Protests, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors

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New Federal Law Aims to Identify and Prevent or Mitigate Organizational Conflicts of Interest in Federal Contracting

In the midst of the year-end legislative push, Congress last week passed S. 3905, the "Preventing Organizational Conflicts of Interest in Federal Acquisition Act." This "good government" law requires the Federal Acquisition…more

Conflicts of Interest, Congressional Oversight, Federal Acquisition Regulations (FAR), Federal Contractors, Food and Drug Administration (FDA)

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New USPTO Guidelines: After the Supreme Court's Amgen Decision, In re Wands Factors Remain Applicable Enablement Framework

On January 10, 2024, the United States Patent and Trademark Office (USPTO) issued "Guidelines for Assessing Enablement in Utility Applications and Patents in View of the U.S. Supreme Court Decision in Amgen Inc. et al. v. Sanofi…more

Amgen v Sanofi, Enablement Inquiries, Intellectual Property Protection, New Guidance, Patent Litigation

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Sackett v. EPA: What's Next for Clean Water Act Jurisdiction?

Clean Water Act practitioners have spent the past 50 years learning how to identify a wetland or water body that qualifies for federal jurisdiction—and the past 17 parsing the phrase "significant nexus." The upshot was that…more

Clean Water Act, Corporate Counsel, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

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Do You Own Your Social Media Account? Minding Your Intellectual Property Rights

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick…more

Electronic Records, Influencers, Ownership of Works, Personal Property, Social Media

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New Rules Governing Non-Competes and Overtime Compensation

Federal agencies have been busy bees this spring, releasing multiple rules that will have a serious impact on employers’ labor and employment practices. This alert provides a high-level summary of some major updates from the…more

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

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Federal Efforts to Incentivize States to Promulgate False Claims Statutes

The federal False Claims Act (FCA) is widely regarded as a powerful tool to punish fraud against the federal government. Since 1986, the federal government has recovered more than $75 billion from FCA settlements and…more

Anti-Retaliation Provisions, Civil Monetary Penalty, Deficit Reduction, Department of Health and Human Services (HHS), Enforcement Authority

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Data Restrictions in the 21st Century Peace through Strength Act

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act…more

Biden Administration, China, Data Brokers, Data Protection, Department of Justice (DOJ)

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Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct Competition Even Without a Non-compete

The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the same…more

Breach of Duty, Competition, Confidential Information, Duty of Loyalty, Federal Contractors

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CFIUS Proposes Increased Penalties for Noncompliance and Updated Mitigation and Enforcement Rules

As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement and…more

Administrative Procedure, CFIUS, Civil Monetary Penalty, Comment Period, Compliance

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Let's Chat: Influencers and Brands Testing the Waters of Generative AI Must Navigate Data Privacy and FTC Issues

Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way…more

Artificial Intelligence, Brand, Competition, Data Privacy, Federal Trade Commission (FTC)

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Looming U.S. Government Shutdown Expected to Disrupt Trade Activity

As members of Congress continue to negotiate government spending levels allotted for the next fiscal year, the United States is poised for its fourth partial government shutdown in the last decade—putting at risk the regular…more

Appropriations Bill, Bureau of Industry and Security (BIS), Census Bureau, Customs and Border Protection, Department of Transportation (DOT)

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Part 1: Cooperation in Government Investigations and Voluntary Self-Disclosure: What to Expect After DOJ’s Latest Guidance

​​​​​​​On September 15, Deputy Attorney General Lisa Monaco issued a department-wide memorandum containing revisions to the Justice Department’s (DOJ) corporate criminal enforcement policies (“the Memorandum”), including…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Enforcement

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Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

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Annual Stockholders Meeting: Preparation Guide

We often assist clients with preparation for annual meetings of stockholders. A variety of materials provide guidance on the major components of an annual meeting, such as proxy statement disclosures and board approvals,…more

Annual Meeting, Corporate Governance, Publicly-Traded Companies, Shareholder Meetings

See all updates »

Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

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Looming CTA Disclosure Requirements and Healthcare Providers

The Federal Corporate Transparency Act (the CTA), 31 U.S.C. §5336, will soon require certain entities to disclose to the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN) certain pieces of identifying information…more

Anti-Money Laundering, Beneficial Owner, Centers for Medicare & Medicaid Services (CMS), Corporate Transparency Act, Covered Entities

See all updates »

New York Commercial Financing Disclosure Requirements

Providers of commercial financing that are subject to the New York State Commercial Finance Disclosure Law (CFDL) must provide disclosures to potential recipients of commercial financing at the time a specific offer of financing…more

Commercial Loans, Disclosure Requirements, Financing, Lenders, NYDFS

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FCC Continues to Support the Burgeoning “New Space” Industry

The Federal Communications Commission (FCC) continues to make changes to communications policy to support the U.S. space industry in the new year…more

Aerospace, Comment Period, FCC, NPRM, Outer Space

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Court of Chancery Provides Further Guidance on Advance Notice Bylaw Amendments Amidst a Proxy Contest

Hi In “a tale of wins and losses on both sides,” the Delaware Court of Chancery reiterated that advance notice bylaws adopted amid an approaching proxy contest are reviewed through the lens of enhanced judicial scrutiny to…more

Board of Directors, Breach of Duty, Bylaws, Corporate Governance, Delaware General Corporation Law

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FTC Strikes Down Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule that…more

Biden Administration, Chamber of Commerce, Employer Liability Issues, Employment Contract, Exemptions

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Supreme Court to Hear Case That Could Overrule Chevron and Curtail Administrative Agencies' Ability to Regulate Broadly

The U.S. Supreme Court on Monday agreed to review Loper Bright Enterprises v. Raimondo, a direct challenge to Chevron deference. A decision in the case could either overrule Chevron altogether, or alternatively narrow the…more

Administrative Agencies, Administrative Authority, Chevron Deference, Rulemaking Process, SCOTUS

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FTC Strikes Down Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule that…more

Biden Administration, Chamber of Commerce, Employer Liability Issues, Employment Contract, Exemptions

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Proposed Regulations Change PFIC Elections for Partnerships

On January 24, 2022, the IRS issued proposed regulations that impact certain elections available to U.S. taxpayers with respect to their indirect interests in passive foreign investment companies (PFICs). Pursuant to the…more

Controlled Foreign Corporations, IRS, Partnerships, Passive Foreign Investment Company, Proposed Regulation

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AB 2011 and SB 6 Take Effect in Effort to Boost Residential Development on Commercial Sites

In 2022, the California Legislature passed The Affordable Housing and High Road Jobs Act of 2022, known as Assembly Bill (AB) 2011 and the Middle Class Housing Act of 2022, known as Senate Bill (SB) 6. The two pieces of…more

Affordable Housing, Commercial Property Owners, Effective Date, Housing Developers, Housing Market

See all updates »

Addressing Pipeline and Other Supply Chain Issues During the Transition to Cleaner Aviation Fuel

As industries move toward cleaner energy sources, crucial sectors of the economy—notably aviation—cannot realistically be powered with electricity and must be powered by cleaner physical fuels, such as sustainable aviation fuel…more

Aviation Industry, FERC, Fossil Fuel, Pipelines, Supply Chain

See all updates »

Earnouts and Their Tax Treatment

As buyers and sellers engage in negotiations for the sale of a business, often there may be disagreements as to the value and expected growth of that business. One party might currently value the business higher than the other…more

Business Assets, Business Valuations, Buyers, Buying a Business, Capital Gains

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Shutdown Watch: Congress Returns with Full Agenda, Funding Deadline Looming

After a lengthy state/district work period in August, the U.S. Senate will return this week, followed by the U.S. House of Representatives next week. In the immediate term, the two chambers must reach agreement on funding the…more

Appropriations Bill, Biden Administration, Congressional Intent, Continuing Resolution, Federal Budget

See all updates »

Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for…more

Burden of Proof, Copyright, Copyright Infringement, Copyright Litigation, Evidence

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Future-Proofing: The Top Five Things to Know Before Launching a Digital Brand, Product, or Service

New and emerging digital economies have created a unique set of challenges for today’s entrepreneurs, particularly when it comes to the early stages of brand development and brand launch strategy. From protecting your…more

Artificial Intelligence, Authorship, Copyright, Cybersecurity, Entertainment Industry

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Maryland Tax Updates - January 2024

Tax Court Modifies Rushmore Method for Hotel Valuation. The Maryland Tax Court recently modified the traditional Rushmore income approach used to determine the fair market value (FMV) of the real estate component of a hotel…more

Advertising, Comptroller, Deed of Trust, Digital Media, Fair Market Value

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Regulations Implementing California's Charitable Fundraising Platform Law Finalized: Significant Compliance Changes Lie Ahead

California has approved final regulations (Final Regulations) to implement Assembly Bill 488 (AB 488), which was signed into law in October 2021. The law amended The Supervision of Trustees and Fundraisers for Charitable…more

Amended Legislation, Charitable Donations, Charitable Organizations, Compliance, Contests & Promotions

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Incomplete Gift Non-Grantor Trusts Created by California Residents May Be Subject to California State Income Tax Beginning in 2023

Under California Governor Gavin Newsom's proposed 2023-2024 state budget, released on January 10, 2023, the income of an incomplete gift non-grantor trust (ING Trust) may now be subject to California income tax, effective on…more

Franchise Tax Board, Governor Newsom, Income Taxes, Nongrantor Trusts, Residency Status

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Court of Chancery Provides Further Guidance on Advance Notice Bylaw Amendments Amidst a Proxy Contest

Hi In “a tale of wins and losses on both sides,” the Delaware Court of Chancery reiterated that advance notice bylaws adopted amid an approaching proxy contest are reviewed through the lens of enhanced judicial scrutiny to…more

Board of Directors, Breach of Duty, Bylaws, Corporate Governance, Delaware General Corporation Law

See all updates »

Navigating the Corporate Transparency Act

Federal law will soon require for the first time that certain companies disclose personally identifiable information about themselves and their beneficial owners and company applicants to U.S. Treasury’s Financial Crimes…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Deadlines

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Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in Size-Protest-Turned-False-Claims-Act Case

On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA)…more

Bid Protests, False Claims Act (FCA), Federal Contractors, Federal Procurement Systems, Gross Receipts

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Incomplete Gift Non-Grantor Trusts Created by California Residents May Be Subject to California State Income Tax Beginning in 2023

Under California Governor Gavin Newsom's proposed 2023-2024 state budget, released on January 10, 2023, the income of an incomplete gift non-grantor trust (ING Trust) may now be subject to California income tax, effective on…more

Franchise Tax Board, Governor Newsom, Income Taxes, Nongrantor Trusts, Residency Status

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The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next round…more

303 Creative LLC v Elenis, Acheson Hotels LLC v Laufer, Affirmative Action, Americans with Disabilities Act (ADA), Chevron Deference

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CFPB Officially Adds UDAAP to Its Anti-Discrimination Tool Kit

The CFPB intends to use its authority under the Consumer Financial Protection Act to identify, prohibit, and prosecute discrimination as a UDAAP - an "unfair" act or practice in any financial services category, whether it be…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), ECOA, Financial Services Industry, UDAAP

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New York's Non-Competition Agreement Ban Is (Almost) Here: Key Questions Employers Should Consider Now Before the Ban Takes Effect

Last month, New York's legislature passed a bill that, if enacted, will substantially prohibit employers from entering into non-competition agreements with their employees. Governor Kathy Hochul is expected to eventually sign…more

Contract Terms, Covered Employees, Employment Contract, Exceptions, Non-Compete Agreements

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Annual Stockholders Meeting: Preparation Guide

We often assist clients with preparation for annual meetings of stockholders. A variety of materials provide guidance on the major components of an annual meeting, such as proxy statement disclosures and board approvals,…more

Annual Meeting, Corporate Governance, Publicly-Traded Companies, Shareholder Meetings

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CFPB Homes in on Mortgage "Junk Fees"

Recent releases from the Consumer Financial Protection Bureau (CFPB) show that the mortgage industry is in the crosshairs of the CFPB's campaign against so-called junk fees. Earlier this year, the CFPB indicated its interest in…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Financial Services Industry

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DOJ Announces Pilot Program for Individual Voluntary Self-Disclosures

On April 15, 2024, the Department of Justice (DOJ) criminal division announced a new pilot program designed to reward individuals with non-prosecution agreements (NPAs) who voluntarily self-disclose "actionable, original…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs

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[Ongoing Program] Life Sciences Series - Current Trends in ANDA Litigation - October 31st, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Abbreviated New Drug Application (ANDA), Hatch-Waxman, Inducement, Intellectual Property Litigation, Intellectual Property Protection

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Artificial Intelligence in the Workplace: Use Policies

Artificial intelligence (AI) technology has presented numerous ways to perform tasks more efficiently, including in the workplace. But as AI in the workplace grows, so do potential legal risks for an organization…more

Artificial Intelligence, Confidential Information, Employment Policies, Enforcement, Intellectual Property Protection

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Are Loans Securities? The United States Court of Appeals for the Second Circuit Responds in Kirschner v. JP Morgan Chase Bank, N.A.

On August 24, 2023, the United States Court of Appeals for the Second Circuit (the "Court") upheld the District Court's ruling in Kirschner v. JPMorgan Chase Bank, N.A. that notes issued as part of a refinancing transaction…more

Bankruptcy Code, Banks, Chapter 11, Commercial Bankruptcy, Commercial Loans

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CIRCIA: Cyber Incident Reporting for Practically Everyone?

A sweeping array of businesses are another step closer to requirements to report cybersecurity incidents and ransomware payments to the federal government. On April 4, 2024, the U.S. Department of Homeland Security's (DHS)…more

Covered Entities, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA)

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Incomplete Gift Non-Grantor Trusts Created by California Residents May Be Subject to California State Income Tax Beginning in 2023

Under California Governor Gavin Newsom's proposed 2023-2024 state budget, released on January 10, 2023, the income of an incomplete gift non-grantor trust (ING Trust) may now be subject to California income tax, effective on…more

Franchise Tax Board, Governor Newsom, Income Taxes, Nongrantor Trusts, Residency Status

See all updates »

DOJ Announces Corporate Criminal Self-Disclosure Policy for All U.S. Attorneys' Offices

On Wednesday February 22, 2023, the Department of Justice (DOJ) announced a voluntary corporate self-disclosure policy for all U.S. Attorneys' Offices, effective immediately. The policy adopts a uniform standard for companies…more

Cooperation, Corporate Misconduct, Department of Justice (DOJ), Foreign Corrupt Practices Act (FCPA), Healthcare Fraud

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Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for…more

Burden of Proof, Copyright, Copyright Infringement, Copyright Litigation, Evidence

See all updates »

FCC and FTC to Cooperate in Enforcing Reinstated Net Neutrality Rules

The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The agencies…more

Broadband, Communications Act of 1934, FCC, Federal Trade Commission (FTC), Internet Service Providers (ISPs)

See all updates »

NYC DOT Adopts New Rules for Outdoor Dining

Effective March 3, 2024, the New York City Department of Transportation (NYC DOT) adopted new rules for the City's permanent outdoor dining program, Dining Out NYC. Spanning approximately 30 pages, the new rules replace the…more

City of New York, Coronavirus/COVID-19, Department of Transportation (DOT), Hospitality Industry, Restaurant Industry

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[Webinar] Post Mid-Year Government Contracts Round-Up: Compliance – Highlights from the First Part of 2022 - August 16th, 2:00 pm - 3:00 pm ET

Thus far in 2022, the Biden administration has focused on a number of key areas as they relate to government contractors. Join attorneys from Venable's Government Contracts Group for a discussion of key developments in…more

Biden Administration, Compliance, Cybersecurity, Enforcement, Federal Contractors

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Staying Compliant - Avoiding Wage Theft in New York

In October 2023, we wrote an alert detailing an amendment to New York's Penal Code that added wage theft as a means of committing criminal larceny. This amendment, along with the creation of a specialized Worker Protection Unit…more

Employer Liability Issues, Hospitality Industry, Labor Law Violations, New York, State Labor Laws

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FCC and FTC to Cooperate in Enforcing Reinstated Net Neutrality Rules

The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The agencies…more

Broadband, Communications Act of 1934, FCC, Federal Trade Commission (FTC), Internet Service Providers (ISPs)

See all updates »

New Rules Governing Non-Competes and Overtime Compensation

Federal agencies have been busy bees this spring, releasing multiple rules that will have a serious impact on employers’ labor and employment practices. This alert provides a high-level summary of some major updates from the…more

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

See all updates »

[Webinar] CFPB Weighs in on Data Security; Will Firms with Poor Security Be in the Crosshairs? - October 14th, 1:00 pm - 2:00 pm ET

In the late summer, the Consumer Financial Protection Bureau (CFPB) issued a circular that concluded in no uncertain terms that insufficient data protection or information security could be considered an unfair practice under…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Information, Cybersecurity, Data Collection

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Title IX and Tax-Exempt Status: Fourth Circuit Holds That 501(c)(3) Status Is Not Federal Financial Assistance

In 2022, and as previously discussed here, two separate federal district courts each held that an independent school's status as a 501(c)(3) tax-exempt organization is considered a school's receipt of federal financial…more

501(c)(3), Compliance, Federal Funding, Internal Revenue Code (IRC), Private Schools

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Federal Contractors and Subcontractors May Want to Double-Check the Liability Caps in Their Agreements After This Court Decision

When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such…more

Breach of Contract, Construction Contracts, Contract Drafting, Contract Terms, Counterclaims

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Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

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SEC v. Govil: Circuit Split Creates Uncertainty - and Opportunity - for Defendants in Enforcement Actions

In SEC v. Govil, No. 22-1658, 2023 WL 7137291 (2d Cir. Oct. 31, 2023), the United States Court of Appeals for the Second Circuit made clear that, in the Second Circuit, the disgorgement remedy available to the SEC pursuant to…more

Corporate Counsel, Disgorgement, Enforcement Actions, Fraud, Remedies

See all updates »

Navigating SEC Cybersecurity Disclosure Guidance for Public Companies

This week the SEC’s Division of Corporation Finance released compliance and disclosure interpretations (C&DIs) pertaining to the latest cybersecurity disclosure requirements. The C&DIs provide guidance on when public companies…more

C&DIs, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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ELVIS Adds (His) Voice to the Protection of Artists Against AI-Generated Deepfakes

In an effort to provide its musical artists some protection from AI-generated deepfakes of their voices, the state of Tennessee recently enacted ELVIS seeking a cure. Specifically, Tennessee passed the Ensuring Likeness, Voice…more

Artificial Intelligence, Artists, Deep Fake, Entertainment Industry, Machine Learning

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Sharing of Addiction Treatment Records Gets Biden HHS Overhaul

After a nearly two-year delay, the U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights, promulgated a Final Rule…more

Department of Health and Human Services (HHS), Drug & Alcohol Abuse, Final Rules, Health Care Providers, Information Sharing

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DOJ Announces Pilot Program for Individual Voluntary Self-Disclosures

On April 15, 2024, the Department of Justice (DOJ) criminal division announced a new pilot program designed to reward individuals with non-prosecution agreements (NPAs) who voluntarily self-disclose "actionable, original…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs

See all updates »

Proxy Materials and Annual Meetings under Maryland Law - 2024

As we enter the 2024 proxy season, we are providing our annual memorandum to call your attention to certain matters of Maryland law, some new and some continuing, relating to proxy materials and annual meetings about which we…more

Annual Meeting, Corporate Governance, Proxy Materials, Proxy Season, Proxy Statements

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[Ongoing Program] Life Sciences Series - Closing the Gender Gap - October 3rd, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

C-Suite Executives, Diversity, Employee Retention, Gender Equity, Leadership

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AB 2011 and SB 6 Take Effect in Effort to Boost Residential Development on Commercial Sites

In 2022, the California Legislature passed The Affordable Housing and High Road Jobs Act of 2022, known as Assembly Bill (AB) 2011 and the Middle Class Housing Act of 2022, known as Senate Bill (SB) 6. The two pieces of…more

Affordable Housing, Commercial Property Owners, Effective Date, Housing Developers, Housing Market

See all updates »

[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the…more

Advertising, Advertising Substantiation, Artificial Intelligence, Automatic Renewals, Best Practices

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Data Restrictions in the 21st Century Peace through Strength Act

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act…more

Biden Administration, China, Data Brokers, Data Protection, Department of Justice (DOJ)

See all updates »

SEC v. Govil: Circuit Split Creates Uncertainty - and Opportunity - for Defendants in Enforcement Actions

In SEC v. Govil, No. 22-1658, 2023 WL 7137291 (2d Cir. Oct. 31, 2023), the United States Court of Appeals for the Second Circuit made clear that, in the Second Circuit, the disgorgement remedy available to the SEC pursuant to…more

Corporate Counsel, Disgorgement, Enforcement Actions, Fraud, Remedies

See all updates »

Expansive Accommodation Requirements under the Pregnant Workers Fairness Act Proposed Regulations

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023, and requires that employers with 15 or more employees provide reasonable accommodations to qualified employees and applicants with known limitations stemming…more

Americans with Disabilities Act (ADA), Duty to Accommodate, Employer Responsibilities, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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[Ongoing Program] Life Sciences Series - Product Liability Risk Management Strategies in the Pre and Early Litigation Time Frame - October 19th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Corporate Communications, Crisis Management, Life Sciences, Product Recalls, Risk Management

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First Verdict Under Illinois Biometric Information Privacy Act a Sign of Things to Come

A jury in the matter of Rogers v. BNSF Railway Co, Case No. 1:19-CV-03083 (N.D. Ill.) recently rendered the first verdict under Illinois' Biometric Information Privacy Act (BIPA). This class action matter involved the collection…more

Biometric Information, Biometric Information Privacy Act, Class Action, Commercial Truck Drivers, Data Collection

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Addressing Pipeline and Other Supply Chain Issues During the Transition to Cleaner Aviation Fuel

As industries move toward cleaner energy sources, crucial sectors of the economy—notably aviation—cannot realistically be powered with electricity and must be powered by cleaner physical fuels, such as sustainable aviation fuel…more

Aviation Industry, FERC, Fossil Fuel, Pipelines, Supply Chain

See all updates »

[Webinar] Post Mid-Year Government Contracts Round-Up: The Most Important Bid Protest Decisions of 2022 So Far - August 9th, 2:00 pm - 3:00 pm ET

The U.S. Government Accountability Office (GAO) and federal courts have addressed several important issues this year. Join attorneys from Venable's Government Contracts Group for an overview of the most important decisions in…more

Bid Protests, Bid Solicitation, Federal Contractors, GAO, Procurement Guidelines

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Fintechs, Novel Charters, and Fed Master Accounts - Of Elephants and Mouseholes

A U.S. District Court recently rejected arguments that banks and institutions with novel charters have a statutory right to obtain a Federal Reserve master account. Master accounts let institutions access key parts of the…more

Administrative Procedure Act, Banking Sector, Depository Institutions, Federal Reserve, Financial Institutions

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California Supreme Court Clarifies What Qualifies as Hours Worked

Is an employee compensable for time spent on waiting and exit searches as "hours worked," even after clocking out? Per the California Supreme Court, it depends on the level of the employer's control over its employees…more

Apple, CA Supreme Court, Class Action, Control Test, Employer Liability Issues

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"Yes in God's Back Yard" Legislation Is the Next Tool to Battle the Housing Crisis

On October 11, 2023, Governor Newsom signed SB 4, the Affordable Housing on Faith Lands Act (also known as "Yes in God's Back Yard" (YIGBY)), which promises to be one of the momentous housing bills of 2023. Sponsored by Senator…more

Affordable Housing, CEQA, Churches, Colleges, Governor Newsom

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Congressional, Executive, and Legal Developments for Government Contractors to Consider - January 2024

Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the…more

Bid Protests, Biden Administration, China, Conflicts of Interest, Cybersecurity Maturity Model Certification (CMMC)

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U.S. Trademark Applications Hit the Fast Track - At Least in Theory

​​​​​​​The United States Patent and Trademark Office (USPTO) recently enacted a rule change that will impact all trademark applications filed nationally in the United States (rather than through the Madrid Protocol). Effective…more

Deadlines, Electronic Filing, EU, Office Actions, Trademark Application

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Lies, Damned Lies, and AI: Lie-Detecting AI May Expose Employers to Liability

It's that time of year again—hiring season! And right on cue, your director of human resources has scheduled a meeting to pitch you a quick fix: artificial intelligence (AI)…more

Artificial Intelligence, Bias, Employee Polygraph Protection Act (EPPA), Employer Liability Issues, Employment Discrimination

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Good Faith Defense Precludes Final Pay and Wage Statement Penalties

The California Court of Appeal recently issued an opinion that brings good news to employers in connection with California's draconian penalties for late payment of final wages…more

Appeals, Defense Strategies, Employment Litigation, Good Faith, Hiring & Firing

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Data Restrictions in the 21st Century Peace through Strength Act

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act…more

Biden Administration, China, Data Brokers, Data Protection, Department of Justice (DOJ)

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Myths about Lobbying, Political Activity, and Tax-Exempt Status - Are You Limiting Opportunities to Advance Your Nonprofit Mission?

Many 501(c)(3) or 501(c)(6) organizations shy away from lobbying and election-related activities out of concern for their tax status. But by failing to employ lobbying and political tactics, nonprofit organizations and…more

501(c)(3), 501(c)(6), Lobbying, Nonprofits, Tax Exempt Entities

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City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

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National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice…more

CEQ, Congressional Review Act, Environmental Assessments, Environmental Impact Statements, Environmental Justice

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ESG at Home and Abroad: What You Need to Know

In a recent live event at our New York office, Venable partner Alex Koff led a panel discussion that explored domestic and international environmental, social, and governance (ESG) concerns…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), EU

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States Encouraged by CFPB to Enforce Federal Consumer Financial Law

The Consumer Financial Protection Bureau ("the Bureau" or CFPB) released an Interpretive Rule - which is exempt from notice-and-comment requirements of the Administrative Procedure Act - that sets out its view on the power of…more

Administrative Procedure Act, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Enforcement Authority, Interpretive Rule

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New Nursing Home Transparency Rules and Their Impact on Real Estate Owners

There has been increasing government interest in obtaining ownership information with respect to the class of commercial real estate comprising nursing facilities. Specifically, the government is focused on nursing home…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Commercial Leases, Commercial Property Owners, Leases

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DAO or Dare: The Implications of Sarcuni v. bZx DAO for DAO Member Liability

The blockchain community has debated for years whether Decentralized Autonomous Organizations (DAOs) can or should be analogized to a corporate form and whether they operate to insulate DAO members from legal liabilities. Some…more

Blockchain, Data Breach, Data Security, Decentralized Autonomous Organization (DAO), General Partnerships

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Los Angeles Bans Political Contributions by Developers and Property Owners

A new law took effect in the city of Los Angeles on June 8 that prohibits developers, property owners, and their respective principals from making local political contributions while certain planning applications are pending…more

Building Permits, Commercial Property Owners, Construction Project, Ethics, Local Ordinance

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[Webinar] Your Legal Guide to NFTs, the Metaverse, and Web3 - June 14th - 16th, 1:00 pm - 2:00 pm ET

Non-fungible tokens (NFTs), the metaverse, and Web3 bring with them a host of new legal challenges in such areas as IP, securities law, tax, and advertising. As NFTs revolutionize the digital landscape and global economy, it is…more

Advertising, Best Practices, Blockchain, Brand, Charitable Sales Promotion

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Florida Court Dismisses Telemarketing Claims for Failure to Plead Injury; Defendant Appeals to Eleventh Circuit

Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III. In December,…more

Appeals, Article III, Dismissals, Failure To State A Claim, Injury-in-Fact

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Officer Exculpation - Delaware and Maryland

Effective August 1, 2022, Delaware amended its General Corporation Law (the "DGCL") to permit the certificate of incorporation of a Delaware corporation to provide for exculpation of officers from liability to the corporation or…more

Articles of Incorporation, Board of Directors, Breach of Duty, Corporate Officers, Delaware General Corporation Law

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Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

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Medical Device Update: FDA Publishes Three New Guidance Documents for the 510(k) Premarket Notification Program

The latest efforts by the U.S. Food and Drug Administration (FDA) to modernize regulation of the 510(k) program come in the form of a trio of new draft guidance documents regarding its Premarket Notification program for medical…more

Clinical Evaluations, Comment Period, Food and Drug Administration (FDA), Life Sciences, Medical Devices

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Copyright Office Issues Pro-Accessibility Final Rules for Initial Stages of Copyright Claims Board Proceedings

Following multiple extensions of the notice and comment period for the establishment of the Copyright Claims Board under the CASE Act, the Copyright Office has published its highly anticipated final rule for the initiation of…more

Administrative Review Board, Copyright, Copyright Office, Dispute Resolution, Notice and Comment

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California Issues Changes to Regulations for Charitable Fundraising Platforms and Platform Charities, Delaying Implementation to 2024

On November 21, 2022, the California Department of Justice (the "Department") published a notice delaying implementation of highly anticipated fundraising regulations applicable to nonprofits and businesses. The notice of…more

Amended Regulation, Charitable Donations, Comment Period, Department of Justice (DOJ), Digital Platforms

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Good Governance and the Role of an Independent School Trustee

Ensuring that an independent school’s board of trustees operates in a manner that is consistent with the fundamental principles of good governance is essential to the overall health of the school. After all, the board is the…more

Board of Trustees, Duty of Care, Duty of Loyalty, Educational Institutions, Fiduciary Duty

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FCC Planning New Rules to Streamline Satellites and Earth Station Applications

At the tail end of 2022, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposals to streamline the processing of satellite and Earth station applications under…more

Applications, Comment Period, FCC, NPRM, Satellites

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CRD's New Pay Data Reporting Requirements

California law requires private employers of 100 or more employees or remote workers hired through labor contractors to annually report pay, demographic, and other workplace data to California's Civil Rights Department (CRD). On…more

Annual Reports, Compliance, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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DOJ Announces Pilot Program for Individual Voluntary Self-Disclosures

On April 15, 2024, the Department of Justice (DOJ) criminal division announced a new pilot program designed to reward individuals with non-prosecution agreements (NPAs) who voluntarily self-disclose "actionable, original…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs

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CRD's New Pay Data Reporting Requirements

California law requires private employers of 100 or more employees or remote workers hired through labor contractors to annually report pay, demographic, and other workplace data to California's Civil Rights Department (CRD). On…more

Annual Reports, Compliance, EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Two Northern Virginia Counties Are Tightening Their Data Center Regulations

Fauquier County and Fairfax County are tightening zoning regulations for data center developments. In March, the Fauquier County Board of Supervisors approved zoning changes for the Vint Hill area's Planned Commercial…more

City Planning Departments, Construction Project, Land Developers, Land Use Restrictions, Real Estate Development

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PBGC Issues Final Rules Regarding Special Financial Assistance Program: What Contributing Employers Should Know

On July 6, the Pension Benefit Guaranty Corporation (PBGC) issued the Final Rules (Final Rules) implementing the Special Financial Assistance Program (SFA) enacted by Congress as part of the American Rescue Plan Act of 2021…more

American Rescue Plan Act of 2021, Employee Benefits, Interim Final Rules (IFR), Multiple Employer Plan (MEP), PBGC

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SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

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Alabama Federal District Court Declares CTA Unconstitutional: Here's What You Need to Know

The Corporate Transparency Act (CTA), which became effective on January 1, 2024, was enacted to combat the use of shell companies by those seeking to evade anti-money laundering laws and economic sanctions…more

Anti-Money Laundering, Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges

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Future-Proofing: The Top Five Things to Know Before Launching a Digital Brand, Product, or Service

New and emerging digital economies have created a unique set of challenges for today’s entrepreneurs, particularly when it comes to the early stages of brand development and brand launch strategy. From protecting your…more

Artificial Intelligence, Authorship, Copyright, Cybersecurity, Entertainment Industry

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SEC v. Govil: Circuit Split Creates Uncertainty - and Opportunity - for Defendants in Enforcement Actions

In SEC v. Govil, No. 22-1658, 2023 WL 7137291 (2d Cir. Oct. 31, 2023), the United States Court of Appeals for the Second Circuit made clear that, in the Second Circuit, the disgorgement remedy available to the SEC pursuant to…more

Corporate Counsel, Disgorgement, Enforcement Actions, Fraud, Remedies

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PHMSA Announces Beginning of Discussion on Hydrogen and Carbon Dioxide Pipeline Safety

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently announced that it will hold several days of informational meetings to address topics important to carbon dioxide and hydrogen pipeline developers and…more

Carbon Emissions, FERC, Hydropower, Oil & Gas, PHMSA

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National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice…more

CEQ, Congressional Review Act, Environmental Assessments, Environmental Impact Statements, Environmental Justice

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A Proposed New Regulatory Environment for Medicare Hospice Providers: Application of the 36-Month Rule, Increasing Enrollment Screening Processes, Informal Dispute Resolution, and Special Focus Designations

On July 10, 2023, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule (Proposed Rule) that would (i) include hospices in the 36-month rule ownership transfer restrictions that currently exist for home…more

Accreditation, Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Dispute Resolution, Elder Abuse

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Social Media, Influencers, and Endorsements: An Excerpt from the Advertising Law Tool Kit

Advertisers increasingly view social media as an opportunity to have influencers speak positively about their products and services. The Federal Trade Commission (FTC) has made it clear, however, that the rules regarding…more

Advertising, Endorsements, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Influencers

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Highlights of the 2023 NAAG/NASCO Annual Conference

The National Association of Attorneys General (NAAG), in conjunction with the National Association of State Charity Officials (NASCO), hosted its annual conference to discuss the state of charities and a variety of issues…more

Corporate Governance, Enforcement, Enforcement Actions, Enforcement Priorities, Nonprofits

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FTC Set to Reshape HSR Premerger Notification Process

Merger control in the United States is on the cusp of significant change as the Federal Trade Commission, in collaboration with the Department of Justice, prepares to finalize a proposed rule—first announced in June—that will…more

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

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[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the…more

Advertising, Advertising Substantiation, Artificial Intelligence, Automatic Renewals, Best Practices

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Proxy Materials and Annual Meetings under Maryland Law - 2024

As we enter the 2024 proxy season, we are providing our annual memorandum to call your attention to certain matters of Maryland law, some new and some continuing, relating to proxy materials and annual meetings about which we…more

Annual Meeting, Corporate Governance, Proxy Materials, Proxy Season, Proxy Statements

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Title IX and Tax-Exempt Status: Fourth Circuit Holds That 501(c)(3) Status Is Not Federal Financial Assistance

In 2022, and as previously discussed here, two separate federal district courts each held that an independent school's status as a 501(c)(3) tax-exempt organization is considered a school's receipt of federal financial…more

501(c)(3), Compliance, Federal Funding, Internal Revenue Code (IRC), Private Schools

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FTC Strikes Down Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule that…more

Biden Administration, Chamber of Commerce, Employer Liability Issues, Employment Contract, Exemptions

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Reminder: California’s Valentine’s Day Deadline to Notify Employees if They Have Void Noncompetes Is Tomorrow (Feb 14)

California has long prohibited post-employment noncompetes, subject to certain narrow exceptions. Recently, it added some teeth to that prohibition in the form of a requirement for employers to notify California employees who…more

Former Employee, Non-Compete Agreements, Notice Requirements, Statutory Deadlines, Void and Unenforceable

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Are Your Nonprofit’s Remote Member Meetings Still Legal?

For obvious reasons, 2020 paved the way for nonprofit organizations to hold member meetings remotely, many for the first time. While some associations and other nonprofit organizations have chosen to stick with the flexibility…more

501(c)(3), Board Meetings, Charitable Organizations, Coronavirus/COVID-19, Emergency Management Plans

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Want to Describe Your Products as Vegan? Here's What You Need to Do

The terms vegetarian and vegan are becoming more common. Initially, how to be a practicing vegetarian or vegan was the focus. Now, these terms are used to describe not only a lifestyle, but foods, cosmetics, and clothing…more

Advertising, False Advertising, Food Recalls, Product Labels, Regulatory Requirements

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U.S. Trademark Applications Hit the Fast Track - At Least in Theory

​​​​​​​The United States Patent and Trademark Office (USPTO) recently enacted a rule change that will impact all trademark applications filed nationally in the United States (rather than through the Madrid Protocol). Effective…more

Deadlines, Electronic Filing, EU, Office Actions, Trademark Application

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New York's LLC Transparency Act: Privacy Still Prevails

On December 23, 2024, New York Governor Kathy Hochul signed the LLC Transparency Act (LLCTA) into law, but not without a considerable compromise relative to its original form..…more

Beneficial Owner, Corporate Transparency Act, Financial Regulatory Reform, FinCEN, Limited Liability Company (LLC)

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The New CMMC Rule: FAQs for Federal Contractors and Subcontractors

The Department of Defense (DoD) delivered its proposed Cybersecurity Maturity Model Certification Program rule (CMMC) the day after Christmas this year, including several related guidance documents (listed here). The proposed…more

Certification Requirements, Comment Period, Controlled Unclassified Information (CUI), Corporate Counsel, Cybersecurity

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Sharing of Addiction Treatment Records Gets Biden HHS Overhaul

After a nearly two-year delay, the U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights, promulgated a Final Rule…more

Department of Health and Human Services (HHS), Drug & Alcohol Abuse, Final Rules, Health Care Providers, Information Sharing

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Businesses Affected by COVID-19 in 2020 or 2021 Can Still Claim Tax Credits

While many businesses have already taken advantage of the opportunities available to them under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and subsequent COVID‑19 relief legislation, there are still…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Relief Measures, Small Business

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CFIUS Proposes Increased Penalties for Noncompliance and Updated Mitigation and Enforcement Rules

As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement and…more

Administrative Procedure, CFIUS, Civil Monetary Penalty, Comment Period, Compliance

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Federal Maritime Commission Publishes New Rules for Demurrage and Detention Billing

Common carriers and marine terminal operators must start reviewing their current demurrage and detention billing process to ensure that their business practices fully comply with a new final rule issued by the Federal Maritime…more

Common Carriers, Effective Date, Federal Maritime Commission, Final Rules, New Regulations

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New Law Sets Maximum Construction Contract Retainage at 5% in New York

On November 17, 2023, Governor Kathy Hochul signed a bill into law amending Sections 756-a and 756-c of the New York State Prompt Payment Act (N.Y. Gen. Bus. Law §756 (McKinney 2009)) governing restrictions on retainage and…more

Amended Legislation, Construction Contracts, Construction Industry, Contract Terms, General Contractors

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[Webinar] From Clear and Conspicuous to Unavoidable? The FTC’s Updated Endorsement and Testimonial Guides - August 2nd, 2:00 pm - 3:30 pm ET

Join us on August 2, 2023 for a webinar highlighting the key changes and revisions to the Federal Trade Commission's Endorsements and Testimonial Guides (Guides) and a discussion of the Commission's new proposed trade…more

Advertising, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Influencers, Likes

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Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes - Potential for Abuse at the ITC

The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long…more

Article I, Copyright, Domestic Corporations, Forum Selection, Infringement

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Congressional, Executive, and Legal Developments for Government Contractors to Consider - March 2023

Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. …more

Biden Administration, Clean Energy, Data Breach, Department of Defense (DOD), Department of Veterans Affairs

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Navigating the Future: Medicare Advantage Plan Rules on the Use of Artificial Intelligence

The use of technology in healthcare services and payment for healthcare is evolving at an unprecedented pace, reshaping how medical services are delivered, managed, and paid for. The use of artificial intelligence systems (AI),…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Bias, Centers for Medicare & Medicaid Services (CMS)

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The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - March 2024

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous vehicles, smart infrastructure, emerging…more

Artificial Intelligence, Biden Administration, Charging Stations, Connected Cars, Critical Infrastructure Sectors

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Education Roundup: Challenges to DEI Efforts Continue in the Wake of Students For Fair Admissions

Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision (Decision)…more

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

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Ad Law Tool Kit Show – Episode 1 – Product Safety and Recalls

Listen to a clip from Episode 1 of our new podcast, the Ad Law Tool Kit Show. In this episode, partners Melissa Steinman and Erin Maus talk to host Len Gordon about product safety and recalls. Check out the episode…more

Advertising, False Advertising, Marketing, Product Defects, Product Recalls

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Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or…more

All Sums Rule, Bodily Injury, Damages, Duty to Defend, Insurance Claims

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Website Accessibility: An Excerpt from the Advertising Law Tool Kit

Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites?…more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, Defense Strategies, Internet Retailers, Nexus

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Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the…more

Bid Protests, Court of Federal Claims, Federal Contractors, GAO, General Solicitation

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Congressional, Executive, and Legal Developments for Government Contractors to Consider - January 2024

Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the…more

Bid Protests, Biden Administration, China, Conflicts of Interest, Cybersecurity Maturity Model Certification (CMMC)

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FEC Allows Nonfederal Committee to Coordinate Paid Canvassing Efforts with Federal Candidates

The Federal Election Commission has issued an advisory opinion making it much easier for federal candidates to offload their paid canvassing programs onto state PACs, nonprofits, and super PACs…more

Advisory Opinions, Federal Election Commission (FEC), Nonprofits, PACs, Payment-In-Kind

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CFPB Homes in on Mortgage "Junk Fees"

Recent releases from the Consumer Financial Protection Bureau (CFPB) show that the mortgage industry is in the crosshairs of the CFPB's campaign against so-called junk fees. Earlier this year, the CFPB indicated its interest in…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Fees, Financial Services Industry

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Online Fraud Aimed at Independent School Business Offices: Business Email Compromise

Independent school business officers are tasked with a wide range of responsibilities, including payroll, accounting, accounts payable, investments, and facility security. Unfortunately, many independent schools are unprepared…more

Cyber Threats, Email, Fraud, Phishing Scams, Private Schools

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New Nursing Home Transparency Rules and Their Impact on Real Estate Owners

There has been increasing government interest in obtaining ownership information with respect to the class of commercial real estate comprising nursing facilities. Specifically, the government is focused on nursing home…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Commercial Leases, Commercial Property Owners, Leases

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Not So Fast: FTC Letter Rebukes Direct Selling Self-Regulatory Council Guidance

Historically, the Federal Trade Commission (FTC) has touted self-regulation as integral to consumer protection. This has included encouraging industries to work with the Better Business Bureau (BBB) in developing a…more

Advertising, Better Business Bureau, Consumer Protection Laws, Federal Trade Commission (FTC), Marketing

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FOIL Law Simplified

Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its state-based…more

Administrative Procedure, FOIA, Open Records, Public Access Laws, Public Entities

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Oops they did it again - SEC brings Crypto Anti Touting Action against another celebrity - this time Kim Kardashian

The SEC has rung the bell again on a celebrity touting a crypto token offering without adequate disclosure of a paid role. On October 3, 2022, the Securities and Exchange Commission released its order instituting cease and…more

Celebrities, Celebrity Endorsements, Cryptocurrency, Disgorgement, Enforcement Actions

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Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations

Listen to Episode 11 of our podcast, the Ad Law Tool Kit Show. In this episode, former Venable partner Alexandra Megaris talks to host Len Gordon about state attorney general investigations. Check out the episode…more

Advertising, Corporate Counsel, False Advertising, Investigations, Marketing

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[Ongoing Program] Life Sciences Series - Closing the Gender Gap - October 3rd, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

C-Suite Executives, Diversity, Employee Retention, Gender Equity, Leadership

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Ten Legislative and Policy Trends for Licensing Boards and Associations to Watch in 2022

In state capitals across the country, a new year signals the start of a new legislative session. And this opens the door to new rules affecting state regulatory and occupational licensing boards and the practitioners they…more

Antitrust Division, Antitrust Provisions, Biden Administration, Coronavirus/COVID-19, Diversity and Inclusion Standards (D&I)

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New State Data Privacy Laws in 2024

U.S. privacy laws continue to develop in the new year, as several jurisdictions have enacted and updated privacy legislation. There are now 15 states with comprehensive data privacy laws: California, Colorado, Connecticut,…more

Data Privacy, Effective Date, Privacy Laws, State Privacy Laws

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Class Voting Distinctions between Maryland and Delaware

The Supreme Court of Delaware recently issued a decision upholding long-standing precedent regarding Delaware’s class vote requirement. The case, In re Fox Corporation/Snap Inc. Section 242 Litigation, concerned amendments to a…more

Articles of Incorporation, Corporate Governance, Delaware General Corporation Law, Duty of Care, General Corporation Law

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Staying Compliant - Avoiding Wage Theft in New York

In October 2023, we wrote an alert detailing an amendment to New York's Penal Code that added wage theft as a means of committing criminal larceny. This amendment, along with the creation of a specialized Worker Protection Unit…more

Employer Liability Issues, Hospitality Industry, Labor Law Violations, New York, State Labor Laws

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New U.S. Sanctions Target Russia's Industrial Base, Additional Financial Institutions, and Technology Suppliers

Since the outset of the Russian aggression in Ukraine, the Biden administration has issued incremental sanctions targeting various sectors of the Russian economy, aimed at curbing Russia's ability to wage war against Ukraine…more

Australia, Biden Administration, Construction Industry, Defense Sector, Economic Sanctions

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Truth Remains an Absolute Defense Against Defamation Claims

​​​​​​​A Michigan State Court recently dismissed claims against Euclid Media Group, the parent company to several media properties, including Deadline Detroit, Inc. (“Deadline”), for publishing articles about a Plaintiff’s…more

Affirmative Defenses, Defamation, First Amendment, Intentional Infliction of Emotional Distress, Libel

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U.S. Government Cracks Down on the Use of Third-Party Intermediaries for Russia Sanctions and Export Controls Evasion as War Against Ukraine Reaches One-Year Mark

As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia and…more

Biden Administration, Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls

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Washington's My Health My Data Act - Are You Prepared?

Washington's My Health My Data Act (MHMDA) goes into effect on March 31, 2024, for most entities subject to the law. The MHMDA imposes new notice and consent requirements for the processing of "consumer health data," with…more

Compliance, Consumer Privacy Rights, Data Privacy, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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"Good Talk" - Strategic Legal Communications for Employers in the Wake of a Crisis

In the wake of any crisis, stress and tensions run high. As a result, employers may be inclined to communicate prematurely, over- or under-communicate, or otherwise communicate without thinking about the potential legal…more

Best Practices, Crisis Management, Employer Liability Issues, Internal Communications, Workplace Communication

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The Future of PAGA Claims in California

PAGA litigation has burdened California employers for almost two decades. Since PAGA's passage into law, the number of filed PAGA actions has continued to increase…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues, Employment Litigation

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Nonresident Owners Selling a Business with California Contacts? Be Wary of Selling Through a Conduit Holding Entity

Clients frequently come to us while in the process of selling interests in California-based businesses. Clients who are not residents of California typically expect that they will not be subject to California income tax on the…more

Administrative Hearings, Corporate Restructuring, Franchise Tax Board, Income Taxes, Internal Revenue Code (IRC)

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Telemarketing Trial: Defendant Sweeps All Six Claims Against the FTC and Pennsylvania AG

It’s not often we see defendants win a resounding victory against the Federal Trade Commission (FTC) and/or state attorneys general, especially after trial. But a recent opinion out of the Eastern District of Pennsylvania…more

Consent, Consumer Protection Laws, Federal Trade Commission (FTC), Misrepresentation, State Attorneys General

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[Ongoing Program] Life Sciences Series - Current Trends in Life Sciences and Healthcare Enforcement: Understanding and Anticipating Federal and state investigations and Enforcement Actions - October 26th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Enforcement Actions, False Claims Act (FCA), Health Care Providers, Health Care Violations, Healthcare Fraud

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Considerations for Handling AI Licensing and Related Data in Tech Contracts: A Customer’s Perspective

Artificial intelligence (AI) tools continue to proliferate, with many aiming to automate processes and increase productivity. But customers of these tools or customers of vendors who use them must understand what’s going on…more

Artificial Intelligence, Compliance, Contract Terms, Data Privacy, Innovative Technology

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New York AG Proposes New Price Gouging Rules

Earlier this month, New York Attorney General Letitia James issued a Notice of Proposed Rulemaking aimed at setting greater guardrails against price increases during emergencies. The action comes exactly one year after James…more

Advanced Notice of Proposed Rulemaking (ANPRM), Comment Period, Coronavirus/COVID-19, Goods or Services, Price Gouging

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Myths about Lobbying, Political Activity, and Tax-Exempt Status - Are You Limiting Opportunities to Advance Your Nonprofit Mission?

Many 501(c)(3) or 501(c)(6) organizations shy away from lobbying and election-related activities out of concern for their tax status. But by failing to employ lobbying and political tactics, nonprofit organizations and…more

501(c)(3), 501(c)(6), Lobbying, Nonprofits, Tax Exempt Entities

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DOJ Announces Pilot Program for Individual Voluntary Self-Disclosures

On April 15, 2024, the Department of Justice (DOJ) criminal division announced a new pilot program designed to reward individuals with non-prosecution agreements (NPAs) who voluntarily self-disclose "actionable, original…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs

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ChatGPT and the Rise of Generative Artificial Intelligence Spark Debate on Copyright Protections of AI-Generated Works

The recent explosion in popularity of generative artificial intelligence (AI), such as ChatGPT, has sparked a legal debate over whether the works created by this technology should be afforded copyright protections. Despite that…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

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Event in Review: IP and Brand Protection in the Metaverse

In a recent event hosted by Lexology, Venable partners Justin Pierce, Calvin Nelson, and Marci Ballard discussed how various entities are seeking to prepare for a future of immersive, interactive, and engaging metaverse…more

Copyright, Design Patent, Intellectual Property Protection, Metaverse, Patents

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ELVIS Adds (His) Voice to the Protection of Artists Against AI-Generated Deepfakes

In an effort to provide its musical artists some protection from AI-generated deepfakes of their voices, the state of Tennessee recently enacted ELVIS seeking a cure. Specifically, Tennessee passed the Ensuring Likeness, Voice…more

Artificial Intelligence, Artists, Deep Fake, Entertainment Industry, Machine Learning

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City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

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[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the…more

Advertising, Advertising Substantiation, Artificial Intelligence, Automatic Renewals, Best Practices

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Navigating the Evolving Landscape of Digital Assets: Insights from the Benzinga Future of Digital Assets Conference

We recently had the opportunity to attend and participate in the Benzinga Future of Digital Assets conference. This event, a significant gathering in the world of cryptocurrencies and blockchain technology, attracted a diverse…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Assets

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[Webinar] CFPB Weighs in on Data Security; Will Firms with Poor Security Be in the Crosshairs? - October 14th, 1:00 pm - 2:00 pm ET

In the late summer, the Consumer Financial Protection Bureau (CFPB) issued a circular that concluded in no uncertain terms that insufficient data protection or information security could be considered an unfair practice under…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Information, Cybersecurity, Data Collection

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New Jersey Overhauls Pay-to-Play and Other Campaign Finance Laws

New Jersey has overhauled its pay-to-play and campaign finance laws, dramatically changing the rules for government contractors, nonprofits, and individual donors. The passage of the Elections Transparency Act has been…more

Campaign Contributions, Campaign Finance Reform, Contribution Limits, Disclosure Requirements, Nonprofits

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NYC DOT Adopts New Rules for Outdoor Dining

Effective March 3, 2024, the New York City Department of Transportation (NYC DOT) adopted new rules for the City's permanent outdoor dining program, Dining Out NYC. Spanning approximately 30 pages, the new rules replace the…more

City of New York, Coronavirus/COVID-19, Department of Transportation (DOT), Hospitality Industry, Restaurant Industry

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Navigating the Evolving Landscape of Digital Assets: Insights from the Benzinga Future of Digital Assets Conference

We recently had the opportunity to attend and participate in the Benzinga Future of Digital Assets conference. This event, a significant gathering in the world of cryptocurrencies and blockchain technology, attracted a diverse…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Assets

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Senators Target Patent Continuations and "Patent Thickets," Especially for Pharmaceuticals

In a letter dated June 8, 2022 to Kathi Vidal, director of the USPTO, a group of senators led by Patrick Leahy voiced concern over filings of multiple continuation applications, which, according to the letter, result in the…more

NPRM, Patent Applications, Patents, Public Comment, USPTO

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New Jersey Overhauls Pay-to-Play and Other Campaign Finance Laws

New Jersey has overhauled its pay-to-play and campaign finance laws, dramatically changing the rules for government contractors, nonprofits, and individual donors. The passage of the Elections Transparency Act has been…more

Campaign Contributions, Campaign Finance Reform, Contribution Limits, Disclosure Requirements, Nonprofits

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SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

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The AI-Assisted Invention

Generative artificial intelligence (AI) is quickly becoming a major force in the world of technology, with its ability to create new content and even replicate the styles of individual humans, including as a tool used by…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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New York State Freelance Isn't Free Act

Vetoed in 2022, subsequently signed into law by Governor Kathy Hochul last year, and rolled out with a delay, New York State's Freelance Isn't Free Act (FIFA) finally goes into effect on August 28, 2024. The legislation is…more

Employer Liability Issues, Employer Responsibilities, Freelance Isn't Free Act (FIFA), Freelance Workers, Gig Economy

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An Update to "Made in USA" for Federally Procured Products and FTC's "Made in USA"

Recent trends indicate that consumers and the U.S. government are paying more attention to where products are sourced from. The Biden administration, for example, has made efforts to raise federal procurement standards for…more

Biden Administration, Federal Contractors, Federal Trade Commission (FTC), Made in the USA, OMB

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December 1 Deadline Nears for Adoption of Clawback Policies

Companies that are listed on the Nasdaq Stock Market or the New York Stock Exchange are required to adopt a clawback policy that provides for the recovery from any current or former executive officers of incentive-based…more

C-Suite Executives, Clawbacks, Compliance, Compliance Dates, Corporate Counsel

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Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising

As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike to…more

Advertising, Artificial Intelligence, Biden Administration, Executive Orders, False Advertising

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A Guide to Supporting the 2024 Presidential Nominating Conventions: From Hosting Events to Writing a Check

As summer draws near, the tempo of the planning and fundraising for the DNC and RNC national party presidential nominating conventions is increasing. After the challenges and disruptions of the COVID-19 pandemic in 2020, both…more

Gifts, Political Campaigns, Political Candidates, Political Contributions, Presidential Elections

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Are Loans Securities? The United States Court of Appeals for the Second Circuit Responds in Kirschner v. JP Morgan Chase Bank, N.A.

On August 24, 2023, the United States Court of Appeals for the Second Circuit (the "Court") upheld the District Court's ruling in Kirschner v. JPMorgan Chase Bank, N.A. that notes issued as part of a refinancing transaction…more

Bankruptcy Code, Banks, Chapter 11, Commercial Bankruptcy, Commercial Loans

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SEC Adopts Amendments to Rule 10b5-1 and Related Disclosure Requirements

On December 14, 2022, the SEC adopted amendments to Rule 10b5-1 as well as related new disclosure requirements for companies. In addition, Forms 4 and 5 are amended to require the identification of transactions made pursuant to…more

10b5-1 Plans, Amended Rules, Disclosure Requirements, Publicly-Traded Companies, Required Forms

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Title IX and Tax-Exempt Status: Fourth Circuit Holds That 501(c)(3) Status Is Not Federal Financial Assistance

In 2022, and as previously discussed here, two separate federal district courts each held that an independent school's status as a 501(c)(3) tax-exempt organization is considered a school's receipt of federal financial…more

501(c)(3), Compliance, Federal Funding, Internal Revenue Code (IRC), Private Schools

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New York Attorney General Secures $2.6 Million from Fareportal for Deceptive Marketing Tactics

Last week, New York Attorney General Letitia James announced that online travel agency Fareportal Inc., which operates several travel-related websites and mobile platforms, including CheapOair.com and OneTravel.com, will pay…more

Assurance of Discontinuation (AOD), Enforcement Actions, False Advertising, Federal Trade Commission (FTC), Marketing

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Federal Contractors and Subcontractors May Want to Double-Check the Liability Caps in Their Agreements After This Court Decision

When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such…more

Breach of Contract, Construction Contracts, Contract Drafting, Contract Terms, Counterclaims

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UK Signs Singapore Convention on International Mediation Settlement Agreements

In a move that reflects the ongoing intention of the United Kingdom's Government to strengthen the country's status as a hub for commercial dispute resolution, the UK signed the United Nations Convention on International…more

Arbitration, Dispute Resolution, International Arbitration, International Litigation, Mediation

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Defense Costs for Long-Tail Claims: Making the Most of Your Insurance Coverage

Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or…more

All Sums Rule, Bodily Injury, Damages, Duty to Defend, Insurance Claims

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Construction Industry Concerns Resulting from Dangerous Air Infiltrating into New York Region

The New York region has experienced some of the worst air quality in the world as a result of the recent Canadian wildfires that continue to rage out of control, something weather forecasters believe will become more common as a…more

Air Pollution, Air Quality Standards, Canada, Construction Contracts, Construction Industry

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U.S. Government Cracks Down on the Use of Third-Party Intermediaries for Russia Sanctions and Export Controls Evasion as War Against Ukraine Reaches One-Year Mark

As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia and…more

Biden Administration, Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls

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Freight Forwarders and Common Carriers: As You Look Ahead to 2024, Do You "Know Your Cargo"?

As federal regulators have recently made clear, steamship lines, non-vessel-operating common carriers, indirect air carriers, freight forwarders, and others involved in the global movement of cargo must ensure that their current…more

Air Cargo, Air Carriers, Bureau of Industry and Security (BIS), China, Common Carriers

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New Law Sets Maximum Construction Contract Retainage at 5% in New York

On November 17, 2023, Governor Kathy Hochul signed a bill into law amending Sections 756-a and 756-c of the New York State Prompt Payment Act (N.Y. Gen. Bus. Law §756 (McKinney 2009)) governing restrictions on retainage and…more

Amended Legislation, Construction Contracts, Construction Industry, Contract Terms, General Contractors

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Copyright Counseling and Protection: An Excerpt from the Advertising Law Tool Kit

A properly maintained copyright portfolio is essential to any successful brand owner. Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components, mobile…more

Advertising, Best Practices, Brand, Copyright, Copyright Office

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EEOC Finalizes Expansive Accommodation Requirements under the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023 and requires that employers with 15 or more employees provide reasonable accommodations to qualified employees and applicants with known limitations stemming…more

Americans with Disabilities Act (ADA), Employee Rights, Equal Employment Opportunity Commission (EEOC), Essential Functions, Federal Labor Laws

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Why the CFPB’s Preferencing and Steering Practices Circular Should Scare Lead Generators and Consumer Financial Services Providers

If you’ve been focused on only the high-level statements from the CFPB, you might already expect Rohit Chopra to fashion himself and the agency as “pro-consumer.” Consistent with that approach, the agency just signaled its…more

Abusive Acts, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC)

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Addressing Pipeline and Other Supply Chain Issues During the Transition to Cleaner Aviation Fuel

As industries move toward cleaner energy sources, crucial sectors of the economy—notably aviation—cannot realistically be powered with electricity and must be powered by cleaner physical fuels, such as sustainable aviation fuel…more

Aviation Industry, FERC, Fossil Fuel, Pipelines, Supply Chain

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[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the…more

Advertising, Advertising Substantiation, Artificial Intelligence, Automatic Renewals, Best Practices

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FCC Fines Major Wireless Carriers $200 Million for Sharing Customer Geolocation Data

Early this week, the Federal Communications Commission (FCC) announced it had fined the largest U.S. wireless carriers for sharing access to customers’ geolocation information without consent and without taking reasonable…more

Communications Act of 1934, Consent, Customer Proprietary Network Information (CPNI), Data-Sharing, Enforcement Actions

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U.S. Trademark Applications Hit the Fast Track - At Least in Theory

​​​​​​​The United States Patent and Trademark Office (USPTO) recently enacted a rule change that will impact all trademark applications filed nationally in the United States (rather than through the Madrid Protocol). Effective…more

Deadlines, Electronic Filing, EU, Office Actions, Trademark Application

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Congressional, Executive, and Legal Developments for Government Contractors to Consider - February 2023

In January, the OMB implemented the following new policies designed to strengthen the federal contracting system. On January 10, 2023, the OMB issued a memorandum on the subject of Strengthening Support for Federal Contract…more

Bid Protests, Biden Administration, Certification Requirements, Controlled Unclassified Information (CUI), Court of Federal Claims

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New State Data Privacy Laws in 2024

U.S. privacy laws continue to develop in the new year, as several jurisdictions have enacted and updated privacy legislation. There are now 15 states with comprehensive data privacy laws: California, Colorado, Connecticut,…more

Data Privacy, Effective Date, Privacy Laws, State Privacy Laws

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ESG at Home and Abroad: What You Need to Know

In a recent live event at our New York office, Venable partner Alex Koff led a panel discussion that explored domestic and international environmental, social, and governance (ESG) concerns…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), EU

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SEC Climate Disclosure Rule

The Securities and Exchange Commission today adopted a slimmed-down final version of its rule to enhance and standardize climate-related disclosures by public companies and in public offerings. The vote to adopt the rule, which…more

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

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November 2023 Government Contracts Roundup

As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid…more

Bid Protests, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors

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Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

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Website Accessibility: An Excerpt from the Advertising Law Tool Kit

Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites?…more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, Defense Strategies, Internet Retailers, Nexus

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February 29 Deadlines for Group Health Plans

February 29 brings two annual deadlines for employers that sponsor a group health plan for their employees. Medicare Part D—Creditable Coverage Disclosure to CMS - An employer with a group health plan that provides…more

Centers for Medicare & Medicaid Services (CMS), Compensation & Benefits, Department of Health and Human Services (HHS), Employer Group Health Plans, Health Insurance Portability and Accountability Act (HIPAA)

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Want to Describe Your Products as Vegan? Here's What You Need to Do

The terms vegetarian and vegan are becoming more common. Initially, how to be a practicing vegetarian or vegan was the focus. Now, these terms are used to describe not only a lifestyle, but foods, cosmetics, and clothing…more

Advertising, False Advertising, Food Recalls, Product Labels, Regulatory Requirements

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AB 2011 and SB 6 Take Effect in Effort to Boost Residential Development on Commercial Sites

In 2022, the California Legislature passed The Affordable Housing and High Road Jobs Act of 2022, known as Assembly Bill (AB) 2011 and the Middle Class Housing Act of 2022, known as Senate Bill (SB) 6. The two pieces of…more

Affordable Housing, Commercial Property Owners, Effective Date, Housing Developers, Housing Market

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The Fall 2023 Unified Agenda - Implications for 2024

On December 6, the Biden administration released its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. A unified agenda is issued in the spring and fall each year; it outlines federal agencies' areas of focus…more

Affordable Care Act, Biden Administration, Children's Health Insurance Program (CHIP), Congressional Review Act, Final Rules

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USPTO Rejects "Contingent" Terminal Disclaimer

On January 18, 2024, the USPTO rejected a "contingent" terminal disclaimer filed by Acadia Pharmaceuticals Inc. (Acadia) for a patent it owns that is being challenged in a pending litigation as invalid for obviousness-type…more

Abbreviated New Drug Application (ANDA), Obviousness, Obviousness-Type Double Patenting (ODP), Orange Book, Patent Litigation

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Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of the…more

Artificial Intelligence, Coronavirus/COVID-19, Electronic Monitoring, Employee Monitoring, Employee Tracking

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[Ongoing Program] Life Sciences Series - Managing High-Stakes Mass Tort MDLs: Updates and Challenges from the Front Lines - October 10th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Health Care Providers, Life Sciences, Mass Tort Litigation, Multidistrict Litigation, Webinars

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Supreme Court of Maryland Overrules Prior Distinction Between Director’s Managerial and Non-Managerial Duties and Reaffirms That the MGCL Is the “Sole Source” of Director Duties

In one of the most significant Maryland corporate law cases in several years, involving an inter-generational family contest between (a) a 28% stockholder and former director and employee (“Mekhaya”) and (b) the corporation and…more

Board of Directors, Business Judgment Rule, Derivative Suit, Duties & Responsibilities, Fiduciary Duty

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Event in Review: Why Can They Say That, but I Can’t? How to Challenge Your Competitors’ Advertising While Avoiding Being Targeted

Losing market share to a competitor touting its superiority makes your job harder and is frustrating, particularly when those claims are unsubstantiated or deceptive. You may want to counter your competitor’s claims with…more

Advertising, Business Strategies, False Advertising, Marketing, NAD

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Event in Review: Why Can They Say That, but I Can’t? How to Challenge Your Competitors’ Advertising While Avoiding Being Targeted

Losing market share to a competitor touting its superiority makes your job harder and is frustrating, particularly when those claims are unsubstantiated or deceptive. You may want to counter your competitor’s claims with…more

Advertising, Business Strategies, False Advertising, Marketing, NAD

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What Companies Regulated by the FDA Need to Know About the Consumer Product Safety Commission

The U.S. Consumer Product Safety Commission (CPSC) is an independent federal agency that regulates the manufacture, distribution, and sale of consumer products in the United States. Specifically, the Commission is tasked with…more

Consumer Product Companies, Consumer Product Safety Commission (CPSC), Enforcement Authority, Manufacturers, Product Packaging

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Top 5 Trademark Licensing Considerations for NextGen Technology

Currently, brand owners are at a crossroads—should they dip their toes into new web3 mediums and opportunities, or should they guard against potential pitfalls in this new space? While there is no one-size-fits-all answer for…more

Contract Terms, Corporate Branding, Emerging Technologies, IP License, Risk Management

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FEC Allows Nonfederal Committee to Coordinate Paid Canvassing Efforts with Federal Candidates

The Federal Election Commission has issued an advisory opinion making it much easier for federal candidates to offload their paid canvassing programs onto state PACs, nonprofits, and super PACs…more

Advisory Opinions, Federal Election Commission (FEC), Nonprofits, PACs, Payment-In-Kind

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[Ongoing Program] Life Sciences Series - IP Issues in Business Transactions - October 5th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Business Assets, Intellectual Property Protection, IP Portfolio, Life Sciences, Monetization

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New FCC Robocall Rules for Nonprofit and Political Calls Begin July 20, 2023

Effective July 20, 2023, nonprofit organizations and others making non-commercial calls using an artificial or prerecorded voice (known as robocalls) to residential lines may make no more than three such calls to a particular…more

Auto-Dialed Calls, Disclosure Requirements, FCC, Fundraisers, New Rules

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Navigating the Evolving Landscape of Digital Assets: Insights from the Benzinga Future of Digital Assets Conference

We recently had the opportunity to attend and participate in the Benzinga Future of Digital Assets conference. This event, a significant gathering in the world of cryptocurrencies and blockchain technology, attracted a diverse…more

Bitcoin, Bitcoin Mining, Blockchain, Cryptocurrency, Digital Assets

See all updates »

[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the…more

Advertising, Advertising Substantiation, Artificial Intelligence, Automatic Renewals, Best Practices

See all updates »

[Webinar] Emerging Trend: Building Performance Standards in the U.S. - April 11th, 12:00 pm - 1:00 pm ET

Building Energy Performance Standards (BEPS) are energy performance requirements that existing buildings must meet over time. This is a tool to decarbonize buildings through reduced energy use and emissions. These programs…more

Biden Administration, Carbon Emissions, Commercial Property Owners, Energy Sector, Multi-Family Development

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Earnouts and Their Tax Treatment

As buyers and sellers engage in negotiations for the sale of a business, often there may be disagreements as to the value and expected growth of that business. One party might currently value the business higher than the other…more

Business Assets, Business Valuations, Buyers, Buying a Business, Capital Gains

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New York’s New Privacy Protections for Employees’ Social Media Accounts - What Employers Should Do Now to Prepare

“Follow me on Instagram, will you?” That may seem like a harmless question to a colleague, but starting soon, New York will ban most employer inquiries regarding an employee’s personal social media account…more

Electronic Communications, Electronic Devices, Employee Privacy Rights, Employer Liability Issues, Mobile Devices

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City of LA New Transfer Tax

In the November 2022 election, the voters of the City of Los Angeles passed Los Angeles Measure ULA (United to House LA). Measure ULA—which will go into effect on April 1, 2023—establishes and funds programs for the purposes of…more

Affordable Housing, Funding, Homeless Issues, Municipalities, New Legislation

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CIRCIA: Cyber Incident Reporting for Practically Everyone?

A sweeping array of businesses are another step closer to requirements to report cybersecurity incidents and ransomware payments to the federal government. On April 4, 2024, the U.S. Department of Homeland Security's (DHS)…more

Covered Entities, Critical Infrastructure Sectors, Cyber Attacks, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA)

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Online Fraud Aimed at Independent School Business Offices: Business Email Compromise

Independent school business officers are tasked with a wide range of responsibilities, including payroll, accounting, accounts payable, investments, and facility security. Unfortunately, many independent schools are unprepared…more

Cyber Threats, Email, Fraud, Phishing Scams, Private Schools

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PTAB Proposes Rules Governing Director Review of PTAB Decisions

On April 16, 2024, the PTAB proposed new rules (“proposed rules”) governing the Director Review process, which would remain consistent with the Interim review process currently in place, and codify those procedures…more

Administrative Proceedings, Administrative Review, America Invents Act, Comment Period, Directors

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[Ongoing Program] Life Sciences Series - IPRs, PGRs, and the BPCIA - October 17th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Biologics, BPCIA, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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California Issues Changes to Regulations for Charitable Fundraising Platforms and Platform Charities, Delaying Implementation to 2024

On November 21, 2022, the California Department of Justice (the "Department") published a notice delaying implementation of highly anticipated fundraising regulations applicable to nonprofits and businesses. The notice of…more

Amended Regulation, Charitable Donations, Comment Period, Department of Justice (DOJ), Digital Platforms

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SEC Climate Disclosure Rule

The Securities and Exchange Commission today adopted a slimmed-down final version of its rule to enhance and standardize climate-related disclosures by public companies and in public offerings. The vote to adopt the rule, which…more

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

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[Ongoing Program] Life Sciences Series - Legal Developments in Artificial Intelligence: The Intersection of Generative Artificial Intelligence, Intellectual Property, and Privacy Law - October 12th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Artificial Intelligence, Authorship, Best Practices, Copyright, Intellectual Property Litigation

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U.S. Government Cracks Down on the Use of Third-Party Intermediaries for Russia Sanctions and Export Controls Evasion as War Against Ukraine Reaches One-Year Mark

As we pass the one-year anniversary of Russia's invasion of Ukraine, the U.S. government has launched an interagency initiative to crack down on evasion and violations of U.S. sanctions and export controls targeting Russia and…more

Biden Administration, Bureau of Industry and Security (BIS), Economic Sanctions, Export Administration Regulations (EAR), Export Controls

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ISS and Glass Lewis Release Proxy Voting Policy Changes for 2024

On December 19, 2023, Institutional Shareholder Services Inc. (“ISS”) released its updates to its Proxy Voting Guidelines. Somewhat unusually, ISS made only one change to its voting recommendation policies for U.S. public…more

Board of Directors, Climate Action Plan, Climate Change, Corporate Governance, Cyber Attacks

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Alabama Federal District Court Declares CTA Unconstitutional: Here's What You Need to Know

The Corporate Transparency Act (CTA), which became effective on January 1, 2024, was enacted to combat the use of shell companies by those seeking to evade anti-money laundering laws and economic sanctions…more

Anti-Money Laundering, Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges

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New Nursing Home Transparency Rules and Their Impact on Real Estate Owners

There has been increasing government interest in obtaining ownership information with respect to the class of commercial real estate comprising nursing facilities. Specifically, the government is focused on nursing home…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Commercial Leases, Commercial Property Owners, Leases

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How Did We Arrive at the Debt Ceiling Standoff, and Where Do Government Contractors Go From Here?

The United States is facing yet another standoff over its congressionally set debt limit. In addition to causing widespread economic harm, Congress's failure to raise the debt limit, also known as the debt ceiling, could…more

Biden Administration, Debt Ceiling, Federal Budget, Federal Contractors, Federal Funding

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Data Restrictions in the 21st Century Peace through Strength Act

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act…more

Biden Administration, China, Data Brokers, Data Protection, Department of Justice (DOJ)

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EEOC Issues First Guidance on Algorithm-Driven Employment Decisions

The last several years have seen algorithm-driven technologies like artificial intelligence (AI) and other algorithmic or automated decision-making systems proliferate throughout nearly every industry, from managing the supply…more

Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Best Practices, Disability Discrimination

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Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics listed…more

Advertising, Billing Errors, Class Action, Consumer Protection Laws, Contests & Promotions

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Top 5 Trademark Licensing Considerations for NextGen Technology

Currently, brand owners are at a crossroads—should they dip their toes into new web3 mediums and opportunities, or should they guard against potential pitfalls in this new space? While there is no one-size-fits-all answer for…more

Contract Terms, Corporate Branding, Emerging Technologies, IP License, Risk Management

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National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice…more

CEQ, Congressional Review Act, Environmental Assessments, Environmental Impact Statements, Environmental Justice

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2024 SEC Division of Examinations Priorities Summary

The SEC’s Division of Examinations got a head start this fiscal year, announcing its 2024 Examination Priorities (2024 Priorities) at the beginning of the fiscal year for the first time. This novel approach likely signifies the…more

Broker-Dealer, Compliance, Conflicts of Interest, Investment Adviser, Market Participants

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New Requirements for Healthcare Entity Transactions Signed into Law in New York State Budget

New York recently joined a growing number of states enacting legislation that increases oversight of certain healthcare transactions. Article 45-A of the 2024 Executive Budget is titled "Disclosure of Material Transactions" and…more

ACOs, Acquisitions, Certificate of Need, Corporate Sales Transactions, Disclosure Requirements

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[Ongoing Program] Life Sciences Series - IP Issues in Business Transactions - October 5th, 1:00 pm - 2:00 pm ET

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our seasoned…more

Business Assets, Intellectual Property Protection, IP Portfolio, Life Sciences, Monetization

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Navigating SEC Cybersecurity Disclosure Guidance for Public Companies

This week the SEC’s Division of Corporation Finance released compliance and disclosure interpretations (C&DIs) pertaining to the latest cybersecurity disclosure requirements. The C&DIs provide guidance on when public companies…more

C&DIs, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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New York Court Denies Dietary Supplement Trade Association's Motion for a Preliminary Injunction - The New State Law Is in Effect

As we have previously discussed, a new law from New York State will require companies selling dietary supplements for weight loss or muscle building to pay close attention to consumers' age. This law went into effect on Monday,…more

Dietary Supplements, Manufacturers, Minors, New Legislation, Trade Associations

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SEC Clarifies Proxy Rules of the Road

On November 17, 2023, the Division of Corporation Finance of the Securities and Exchange Commission ("SEC") issued new and revised proxy-related compliance and disclosure interpretations ("CDIs") that provide guidance on the…more

C&DIs, Corporate Governance, Disclosure Requirements, New Guidance, Proxy Season

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FCC and FTC to Cooperate in Enforcing Reinstated Net Neutrality Rules

The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) agreed this week to cooperate and coordinate consumer protection efforts in enforcing the FCC’s reinstated “net neutrality” rules. The agencies…more

Broadband, Communications Act of 1934, FCC, Federal Trade Commission (FTC), Internet Service Providers (ISPs)

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Nonprofits Managing Risk for Youth Programs: Ten Key Compliance Strategies

Many nonprofit organizations, such as summer camps, schools, sports leagues, membership associations, religious organizations, childcare centers, and youth clubs for various hobbies, regularly host programs involving…more

Bylaws, Charitable Organizations, Child Abuse, Code of Conduct, Employee Handbooks

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Data Restrictions in the 21st Century Peace through Strength Act

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act…more

Biden Administration, China, Data Brokers, Data Protection, Department of Justice (DOJ)

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Game Changer: NLRB Rules College Basketball Players Are Employees and Can Unionize

For years now, the tide of college athletics has been shifting toward student-athlete representation and empowerment. Now, in what might become a landmark decision, a regional director for the National Labor Relations Board…more

Basketball, College Athletes, Colleges, Employee Definition, NLRA

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CFIUS Proposes Increased Penalties for Noncompliance and Updated Mitigation and Enforcement Rules

As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement and…more

Administrative Procedure, CFIUS, Civil Monetary Penalty, Comment Period, Compliance

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SEC v. Govil: Circuit Split Creates Uncertainty - and Opportunity - for Defendants in Enforcement Actions

In SEC v. Govil, No. 22-1658, 2023 WL 7137291 (2d Cir. Oct. 31, 2023), the United States Court of Appeals for the Second Circuit made clear that, in the Second Circuit, the disgorgement remedy available to the SEC pursuant to…more

Corporate Counsel, Disgorgement, Enforcement Actions, Fraud, Remedies

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EEOC Finalizes Expansive Accommodation Requirements under the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023 and requires that employers with 15 or more employees provide reasonable accommodations to qualified employees and applicants with known limitations stemming…more

Americans with Disabilities Act (ADA), Employee Rights, Equal Employment Opportunity Commission (EEOC), Essential Functions, Federal Labor Laws

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December 1 Deadline Nears for Adoption of Clawback Policies

Companies that are listed on the Nasdaq Stock Market or the New York Stock Exchange are required to adopt a clawback policy that provides for the recovery from any current or former executive officers of incentive-based…more

C-Suite Executives, Clawbacks, Compliance, Compliance Dates, Corporate Counsel

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CFIUS Proposes Increased Penalties for Noncompliance and Updated Mitigation and Enforcement Rules

As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement and…more

Administrative Procedure, CFIUS, Civil Monetary Penalty, Comment Period, Compliance

See all updates »

The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - March 2024

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous vehicles, smart infrastructure, emerging…more

Artificial Intelligence, Biden Administration, Charging Stations, Connected Cars, Critical Infrastructure Sectors

See all updates »

DOJ Announces Pilot Program for Individual Voluntary Self-Disclosures

On April 15, 2024, the Department of Justice (DOJ) criminal division announced a new pilot program designed to reward individuals with non-prosecution agreements (NPAs) who voluntarily self-disclose "actionable, original…more

Compliance, Cooperation, Corporate Misconduct, Department of Justice (DOJ), Federal Pilot Programs

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Navigating the Future: Medicare Advantage Plan Rules on the Use of Artificial Intelligence

The use of technology in healthcare services and payment for healthcare is evolving at an unprecedented pace, reshaping how medical services are delivered, managed, and paid for. The use of artificial intelligence systems (AI),…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Bias, Centers for Medicare & Medicaid Services (CMS)

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Title IX and Tax-Exempt Status: Fourth Circuit Holds That 501(c)(3) Status Is Not Federal Financial Assistance

In 2022, and as previously discussed here, two separate federal district courts each held that an independent school's status as a 501(c)(3) tax-exempt organization is considered a school's receipt of federal financial…more

501(c)(3), Compliance, Federal Funding, Internal Revenue Code (IRC), Private Schools

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The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - March 2024

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous vehicles, smart infrastructure, emerging…more

Artificial Intelligence, Biden Administration, Charging Stations, Connected Cars, Critical Infrastructure Sectors

See all updates »

Tennessee Out Front: Enacting Protections Against AI Misuse in the Music Industry

Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial…more

Artificial Intelligence, Artists, Deep Fake, Entertainment Industry, First Amendment

See all updates »

What Every Company Should Know about Child and Teen Privacy in 2024

Federal and state regulators have previously prioritized minors’ online privacy regulation, and this trend is poised to continue in 2024. Chief among these laws is the federal Children’s Online Privacy Protection Act (COPPA),…more

Consent, COPPA, Data Collection, Data Privacy, Enforcement Actions

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SBA Plan to Open 7(a) Loan Program to Fintechs Moves Closer to Public Release

Non-depository financial institutions - including fintechs and other alternative lenders - may be able to apply for new Small Business Lending Company (SBLC) licenses to participate in the Small Business Administration (SBA)…more

FinTech, Lenders, Licenses, Non-Depository Institutions, Proposed Rules

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February 29 Deadlines for Group Health Plans

February 29 brings two annual deadlines for employers that sponsor a group health plan for their employees. Medicare Part D—Creditable Coverage Disclosure to CMS - An employer with a group health plan that provides…more

Centers for Medicare & Medicaid Services (CMS), Compensation & Benefits, Department of Health and Human Services (HHS), Employer Group Health Plans, Health Insurance Portability and Accountability Act (HIPAA)

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The OSHA Inspector Is Here, and He’s Not Alone

Fast forward: It’s June 1, 2024, and you’ve just received a call from one of your Safety Managers. He tells you that a Compliance Safety and Health Officer (CSHO) has arrived at the workplace and wants to conduct an inspection…more

Department of Labor (DOL), Good Cause, Inspections, OSHA, Safety Inspections

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Federal Trade Commission and U.S. Department of Health and Human Services Issue Warnings Related to Use of "Online Tracking Technologies"

The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and telehealth…more

Advertising, Breach Notification Rule, Business Associates, Consumer Privacy Rights, Data Privacy

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[Webinar] Your Legal Guide to NFTs, the Metaverse, and Web3 - June 14th - 16th, 1:00 pm - 2:00 pm ET

Non-fungible tokens (NFTs), the metaverse, and Web3 bring with them a host of new legal challenges in such areas as IP, securities law, tax, and advertising. As NFTs revolutionize the digital landscape and global economy, it is…more

Advertising, Best Practices, Blockchain, Brand, Charitable Sales Promotion

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Sum, Substance, and Social Justice: Civil Rights Litigation During the Past 125 Years and the Impact on our Present and Future

As part of our Black History Month celebrations, Venable partner Craig Thompson delivered a fascinating lecture about civil rights litigation going back more than 100 years. Among the cases Craig discussed were Supreme Court…more

Black Lives Matter, Civil Rights Act, Equal Protection, Legal History, Race Discrimination

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SCOTUS Rules for Landowner in Fifth Amendment Takings Clause Case

In a unanimous decision, the Supreme Court of the United States (SCOTUS) held that the Fifth Amendment's Takings Clause does not distinguish between legislative and administrative land‑use permit conditions. Building permit…more

Building Permits, Constitutional Challenges, Construction Project, Fifth Amendment, George Sheetz v County of El Dorado

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When Mental Health and Performance Management Collide

Lisa, one of your team’s sales representatives, has been a consistent performer during her first year with the company. She has proven herself to be detail oriented, personable with clients, and willing to assist her team to…more

Americans with Disabilities Act (ADA), Disciplinary Proceedings, Employer Liability Issues, Employment Policies, Mental Health

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Telemarketing and Texting: An Excerpt from the Advertising Law Tool Kit

Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and…more

Advertising, FCC, Federal Trade Commission (FTC), TCPA, Telemarketing

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Private Placement Life Insurance as a Tool to Mitigate Taxes Despite Market Volatility and Global Uncertainty

Despite recent volatility in the U.S. stock market, the rising costs of inflation, and the Russian invasion of Ukraine, there are still ways to control the taxes you pay on your investments and the taxes that your family will…more

Financial Planning, Private Placement Life Insurance, Tax Planning, Wealth Management

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The Pandemic Forced the Cancellation of Your Nonprofit's Event - Now What?

​​​​​​​The COVID-19 pandemic caused many nonprofits to postpone or cancel conferences, conventions, trade shows, and other events. This has often meant working with nonprofit organization members and attendees to coordinate…more

Coronavirus/COVID-19, Escheat, Event Cancellation, Events, Fundraisers

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Webinar in Review: Election Year Considerations for Nonprofits - What Your Organization Needs to Know

Many nonprofit organizations will look to engage in various forms of political activity during the upcoming 2022 midterm elections. Understanding how to participate while complying with federal and state laws and regulations…more

501(c)(4), 501(c)(6), Charitable Organizations, Citizens United, Compliance

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[Webinar] Preparing Your Company for Unpredictable, Inconsistent, and Volatile IP Disputes - April 27th, 1:00 pm - 2:30 pm ET

Join Venable for this session covering the landscape of IP disputes that has changed markedly over the past 10 years. Coupled with the volume of litigated IP disputes and the massive investment in patent litigation, companies…more

Intellectual Property Litigation, Intellectual Property Protection, Lobbying, Patent Infringement, Patent Litigation

See all updates »

The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - March 2024

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous vehicles, smart infrastructure, emerging…more

Artificial Intelligence, Biden Administration, Charging Stations, Connected Cars, Critical Infrastructure Sectors

See all updates »

SEC Climate Disclosure Rule

The Securities and Exchange Commission today adopted a slimmed-down final version of its rule to enhance and standardize climate-related disclosures by public companies and in public offerings. The vote to adopt the rule, which…more

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

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Diversity, Equity, and Inclusion Speaker Series

With the legal landscape for LGBTQ+ individuals rapidly shifting across the country, partner and chair of LGBTQ @ Venable, Colin Vandell, hosted a discussion to assess some of the welcome, and not so welcome, developments. The…more

Anti-Discrimination Policies, Department of Health and Human Services (HHS), Diversity and Inclusion Standards (D&I), Gender Identity, Human Rights

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Regulations Implementing California's Charitable Fundraising Platform Law Finalized: Significant Compliance Changes Lie Ahead

California has approved final regulations (Final Regulations) to implement Assembly Bill 488 (AB 488), which was signed into law in October 2021. The law amended The Supervision of Trustees and Fundraisers for Charitable…more

Amended Legislation, Charitable Donations, Charitable Organizations, Compliance, Contests & Promotions

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Tuna Price-Fixing Summary Judgment Decision Is a Warning to Private Equity

A private equity firm and its investment advisor are facing trial over claims they participated in a price-fixing conspiracy for canned tuna carried out at their portfolio company, Bumble Bee tuna. The judge overseeing the…more

Antitrust Conspiracies, Antitrust Provisions, Antitrust Violations, Case Consolidation, Due Diligence

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New Oklahoma Telephone Solicitation Act Is Not OK - But It Does Contain an Important Exemption

Late last week, Oklahoma Governor Kevin Stitt signed the state’s Telephone Solicitation Act of 2022 (OTSA) into law. A couple of months ago, as the legislation was working its way through the Oklahoma state legislature, we…more

Auto-Dialed Calls, Governor Stitt, New Legislation, TCPA, Telemarketing

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What Is Concerted Activity? The NLRA Again Alters the Parameters of Concerted Activity, Creating Uncertainty for Employers

Employers are confronting yet another expansion of what constitutes protected employee concerted activity under Section 7 of the National Labor Relations Act (NLRA). As employers well know, Section 7 guarantees employees "the…more

Legal History, NLRA, NLRB, Protected Concerted Activity, Section 7

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National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice…more

CEQ, Congressional Review Act, Environmental Assessments, Environmental Impact Statements, Environmental Justice

See all updates »

Permitting Bill Would Impose Regulatory Burdens and Economic Disruption on Hydrogen Infrastructure Owners

​​​​​​​Senator Manchin recently released the text of his much anticipated and controversial bill aimed at reforming the federal permitting process, particularly for energy infrastructure (the "Energy Independence and Security…more

Continuing Resolution, Critical Infrastructure Sectors, Energy Projects, Energy Sector, Energy Storage

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[Webinar] Grant Agreements: What to Include and What to Look Out For - January 26th, 12:30 pm - 1:30 pm ET

As charitable grant making becomes more sophisticated and program oriented, granting organizations are employing increasingly complex and comprehensive grant agreements. In addition to standard terms describing grant amounts and…more

Charitable Organizations, Contract Formation, Donors, Grants, Indemnification Clauses

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FCC Adopts Video Service All-In Pricing Rules

On March 14, the Federal Communications Commission (FCC) adopted new rules that require cable television operators and satellite video providers to specify the aggregate monthly all-in price for video programming services on…more

Advertising, Cable Television Providers, Competition, Compliance, Compliance Dates

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New Law Sets Maximum Construction Contract Retainage at 5% in New York

On November 17, 2023, Governor Kathy Hochul signed a bill into law amending Sections 756-a and 756-c of the New York State Prompt Payment Act (N.Y. Gen. Bus. Law §756 (McKinney 2009)) governing restrictions on retainage and…more

Amended Legislation, Construction Contracts, Construction Industry, Contract Terms, General Contractors

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Artificial Intelligence Patent Trends

The rapid advancement of artificial intelligence (AI) is revolutionizing industries across the globe and transforming the way we live and work. As AI continues to grow in popularity, a fascinating trend is emerging in parallel:…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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The FDIC's Tougher Policy on Mergers - Why It Matters for Banks and Fintechs

The FDIC proposed revisions last month to its existing policy on how it evaluates merger transactions that require the FDIC's approval under the Bank Merger Act (BMA)…more

Bank Merger Act, Banking Sector, Banks, Covered Transactions, FDIC

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The Power of Customer Calls: Maryland Supreme Court Upholds Public Service Commission's Interpretation of the Maryland Telephone Solicitations Act

Last month, the Supreme Court of Maryland delivered a pivotal ruling defining the scope of the Maryland Telephone Solicitations Act (MTSA), holding that the act extended to inbound calls initiated by consumers who engaged with…more

Administrative Law Judge (ALJ), Public Service Commissions, Regulatory Authority, State and Local Government, Telemarketing

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National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice…more

CEQ, Congressional Review Act, Environmental Assessments, Environmental Impact Statements, Environmental Justice

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ELVIS Adds (His) Voice to the Protection of Artists Against AI-Generated Deepfakes

In an effort to provide its musical artists some protection from AI-generated deepfakes of their voices, the state of Tennessee recently enacted ELVIS seeking a cure. Specifically, Tennessee passed the Ensuring Likeness, Voice…more

Artificial Intelligence, Artists, Deep Fake, Entertainment Industry, Machine Learning

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[Webinar] The Ins & Outs of Understanding Data Rights in Advertising Agreements - November 3rd, 2:00 pm - 3:00 pm ET

With the now ubiquitous use of data in advertising, it’s more important than ever to understand data as a business asset and how it can be claimed, protected, and managed. Join us for our November Advertising Law webinar…more

Advertising, Data Management, Data Rights, Intellectual Property Protection, License Agreements

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Two Northern Virginia Counties Are Tightening Their Data Center Regulations

Fauquier County and Fairfax County are tightening zoning regulations for data center developments. In March, the Fauquier County Board of Supervisors approved zoning changes for the Vint Hill area's Planned Commercial…more

City Planning Departments, Construction Project, Land Developers, Land Use Restrictions, Real Estate Development

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New York Attorney General Says JBS Net Zero Claims Are Greenwashing

Last week, New York Attorney General Letitia James filed a lawsuit against the world’s largest beef producer JBS USA Food Company and JBS USA Food Company Holdings (JBS Group). The lawsuit challenges the company’s claim that it…more

Advertising, Audits, Civil Monetary Penalty, Climate Change, Disgorgement

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SECURE 2.0 Roth Catch-up Requirement Delayed until January 1, 2026

On August 25, 2023, the IRS issued guidance delaying until January 1, 2026 the SECURE 2.0 requirement that any age 50 catch-up contributions by an employee with prior-year compensation over $145,000 be made on a Roth basis,…more

Benefit Plan Sponsors, Employee Contributions, Individual Retirement Account (IRA), New Guidance, Retirement Plan

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The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - March 2024

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous vehicles, smart infrastructure, emerging…more

Artificial Intelligence, Biden Administration, Charging Stations, Connected Cars, Critical Infrastructure Sectors

See all updates »

SCOTUS Rules for Landowner in Fifth Amendment Takings Clause Case

In a unanimous decision, the Supreme Court of the United States (SCOTUS) held that the Fifth Amendment's Takings Clause does not distinguish between legislative and administrative land‑use permit conditions. Building permit…more

Building Permits, Constitutional Challenges, Construction Project, Fifth Amendment, George Sheetz v County of El Dorado

See all updates »

Bank Provider of BaaS Dinged by OCC; Blueprint for Fintech Partnerships?

​​​​​​​A recent action by the Office of the Comptroller of the Currency (OCC) highlights how banks need to ensure that they have robust compliance programs for managing risks posed by their banking as a service (BaaS)…more

Banks, BSA/AML, Compliance, Customer Due Diligence (CDD), Enforcement Actions

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Venable Celebrates National Hydrogen and Fuel Cell Day After a Banner Year for the Element and the Firm

​​​​​​​This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy…more

Clean Energy, Climate Change, Congressional Committees, Energy & Climate Debates, Energy Projects

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The On-Ramp: An Autonomous, Connected, and Electric Mobility Newsletter - March 2024

Welcome to The On-Ramp, the newsletter published by Venable's Autonomous and Connected Mobility Team. The On-Ramp explores legal and policy developments in the world of autonomous vehicles, smart infrastructure, emerging…more

Artificial Intelligence, Biden Administration, Charging Stations, Connected Cars, Critical Infrastructure Sectors

See all updates »

CFPB Updates the Supervisory Appeals Process

The Consumer Financial Protection Bureau (CFPB) released a procedural rule updating its supervisory process for institutions seeking to appeal a compliance rating or an adverse finding. Although the appeals process remains…more

Administrative Appeals, Administrative Procedure, Banking Sector, Board of Directors, Consumer Financial Protection Bureau (CFPB)

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Supreme Court Affirms Lack of Enablement in Amgen v. Sanofi Antibody Patent Dispute

Earlier today, the Supreme Court issued a unanimous decision in Amgen v. Sanofi, construing the statutory enablement requirement. The case concerns antibodies that help reduce levels of LDL cholesterol…more

Amgen, Enablement Inquiries, Patent Litigation, Patents, Pharmaceutical Industry

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Copyright Office Issues Pro-Accessibility Final Rules for Initial Stages of Copyright Claims Board Proceedings

Following multiple extensions of the notice and comment period for the establishment of the Copyright Claims Board under the CASE Act, the Copyright Office has published its highly anticipated final rule for the initiation of…more

Administrative Review Board, Copyright, Copyright Office, Dispute Resolution, Notice and Comment

See all updates »

Tennessee Out Front: Enacting Protections Against AI Misuse in the Music Industry

Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial…more

Artificial Intelligence, Artists, Deep Fake, Entertainment Industry, First Amendment

See all updates »

[Webinar] Preparing Your Company for Unpredictable, Inconsistent, and Volatile IP Disputes - April 27th, 1:00 pm - 2:30 pm ET

Join Venable for this session covering the landscape of IP disputes that has changed markedly over the past 10 years. Coupled with the volume of litigated IP disputes and the massive investment in patent litigation, companies…more

Intellectual Property Litigation, Intellectual Property Protection, Lobbying, Patent Infringement, Patent Litigation

See all updates »

Want to Describe Your Products as Vegan? Here's What You Need to Do

The terms vegetarian and vegan are becoming more common. Initially, how to be a practicing vegetarian or vegan was the focus. Now, these terms are used to describe not only a lifestyle, but foods, cosmetics, and clothing…more

Advertising, False Advertising, Food Recalls, Product Labels, Regulatory Requirements

See all updates »

SCOTUS Rules for Landowner in Fifth Amendment Takings Clause Case

In a unanimous decision, the Supreme Court of the United States (SCOTUS) held that the Fifth Amendment's Takings Clause does not distinguish between legislative and administrative land‑use permit conditions. Building permit…more

Building Permits, Constitutional Challenges, Construction Project, Fifth Amendment, George Sheetz v County of El Dorado

See all updates »

IRS Takes Skeptical View of NIL Collectives

In a recent memorandum issued by the Office of Chief Counsel, the Internal Revenue Service (IRS) concluded that many "NIL Collectives" may not qualify as tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986,…more

501(c)(3), Colleges, Fundraisers, Internal Revenue Code (IRC), IRS

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Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website's Use of Free of Charge Photo

On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of reasons…more

Appeals, Copyright, Copyright Litigation, Corporate Counsel, Fair Use

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Key Copyright Issues for Independent Schools

Through our work with independent schools, we have seen numerous schools grapple with a variety of copyright issues including disputes over ownership of work created by teachers, unauthorized use of music or videos, and the…more

Artificial Intelligence, Copyright, Creative Commons License, Digital Media, Educational Institutions

See all updates »

Do You Own Your Social Media Account? Minding Your Intellectual Property Rights

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick…more

Electronic Records, Influencers, Ownership of Works, Personal Property, Social Media

See all updates »

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  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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