On August 24, 2023, the National Labor Relations Board (the “Board”) issued a final rule amending the federal regulations that govern representation election procedures, according to an update by Littler. The 2023 final rule is the latest action in a series of changes that the Board has made over the years, alternately shortening or lengthening…
The U.S Securities and Exchange Commission (SEC) has recently announced one of its largest whistleblower award payouts in history. The program saw over $104 million granted to seven whistleblowers following a successful SEC enforcement action. This is the fourth-most considerable reward offered in the history of the SEC’s whistleblower program. More details can be found…
On August 29, 2023, Sovos Compliance, LLC, a third-party service provider, filed a notice of data breach with the California Attorney General on behalf of RoundPoint Mortgage Servicing, LLC. This data breach incident allowed unauthorized parties access to RoundPoint Mortgage customers’ sensitive information. The data breach resulted from an observable security lapse in the MOVEit…
The patent industry faces a concerning divide between early- and late-career practitioners, raising questions about its future sustainability. Challenges ahead for law firms include not just recruitment, but the adaptation to a shifting revenue landscape. Amidst these rising concerns, there’s one technological solution that’s seen by many as a potential lifeline – generative AI. According…
In a significant development on August 22, 2023, the United States made its first-ever request for the formation of a panel under the United States-Mexico-Canada Agreement’s (USMCA) facility-specific Rapid Response Labor Mechanism (RRM). This development is noteworthy as this is the first RRM labor proceeding to move forward to a dispute panel. Partaking in this…
On August 4, John Eastman, previously counsel for the president, attempted to invoke his Fifth Amendment rights in a bid to postpone attorney discipline proceedings, which were being brought against him in California. Eastman’s argument was that he would be unable to defend himself without potentially incriminating himself in a possible criminal prosecution in Fulton…
Despite the lack of immediate federal legislation addressing the regulation of AI, it is apparent that US federal agencies, including the Federal Trade Commission (FTC), are underscoring the need for regulated entities to ensure that AI utilization complies with existing laws and regulations. This message is being conveyed through different measures, with the FTC ensuring…
In light of a recent U.S. Supreme Court decision surrounding affirmative action use in higher education admissions, it seems employers may need to re-evaluate their diversity policies. The case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, ruled against the use of affirmative action in admissions processes within higher education institutions….
In an era of escalating cybersecurity threats, the retail industry is also facing the consequences of data breaches. Most recently, fashion retail giant F21 OpCo LLC also known as Forever 21, reported a significant leakage of personal data, affecting more than 539,000 individuals. The breach was reported to the Attorney General of Maine on August…
As we approach the statistical peak of the Atlantic Basin hurricane season, it becomes imperative for corporations, especially those in hurricane-prone areas, to enforce vigilant measures and reassess their preparedness plans. Drawing lessons from past experiences, such as the devastating impacts of Hurricane Katrina and Ida, there stands a marked importance to incorporate resilience in…
For the general counsel of companies exploring the realm of artificial intelligence (AI), navigating the tangle of innovation and risk can be a remarkably full-time endeavor. This conundrum has seen increased attention since major language model tools were revealed to the public in the last months of the previous year. Anthropic AI, an AI-focused startup…
In a recent series of events, we’ve seen significant developments concerning Tornado Cash, a cryptocurrency coin mixing service. Previously unheard of in the world of cryptocurrency, two concurrent events – a civil case verdict and subsequent criminal charges – are serving as a stark reminder of the reach of legal authorities in this arena. On…
In a recent decision impacting corporate legal departments and law firms managing large-scale litigation, the Seventh Circuit has ordered a lower court to reconsider the sum of $57.4 million awarded in attorney fees. This significant ruling stems from a case related to alleged price-fixing activities in the broiler chicken market. The pivotal plaintiff involves Tyson…
In a move that captures the attention of international corporations and law firms, the United States’ Food and Drug Administration (FDA) postponed the enforcement date for organizations to conform with the Drug Supply Chain Security Act (DSCSA). Originally slated for November 27, 2023, the enforcement deadline affects drug and device manufacturers, wholesale distributors, dispensers, and…
In a significant ruling that may inspire fierce debates about the nature of authorship in the age of artificial intelligence (AI), the US District Court for the District of Columbia held on August 18, 2023, that works generated completely by AI systems lack eligibility for US copyright protection. This is a clear finding that the…
In what could be an influential move for the corporate legal industry, Georgia has enacted its own Commercial Financing Disclosure Law, otherwise known as the CFDL, on a par with established laws in the states of California, Florida and New York. The Georgia CFDL is specifically applicable to covered “Commercial Financing Transactions”. Strikingly, Georgia’s new…
The California Privacy Protection Agency (CPPA) has recently laid forth its plans for a meeting scheduled for September 8, during which, a preliminary draft of the Cybersecurity Audit Regulation and a draft Risk Assessment Regulation will be presented. While the introduction of the formal rulemaking process is yet to commence, the current drafts are set…
The National Institutes of Health (NIH) is spearheading efforts in precision medicine research, building upon their commitment to advance understanding and treatment of diseases through personalized therapies. Central to these efforts are the intricacies of somatic mosaicisms, post-conception changes to cellular DNA that result in genetic variance among cells within an organism. A nuanced understanding…
Two estate and trust attorneys based in Long Island have consented to return $510,000 as a part of a legal settlement with the New York Attorney General’s Office. This restitution followed allegations that the lawyers had improperly used funds from a deceased client that were initially marked for charitable donation. The attorneys were alleged to…
In the realm of corporate law, Limited Liability Companies (LLCs) operating in Delaware face a unique challenge: how to safeguard themselves from the misuse of their records, particularly by their members or managers, as highlighted by legal advisors at Bodman. Given the sensitive nature of information in the LLC’s books and records encompassing financials, governance,…
The Israel Securities Authority (ISA) has recently revised a legislative proposal that addresses the application of securities laws to the rapidly evolving world of digital assets. In an attempt to bring clarification to this legal grey area, the newly proposed legislation aims to dictate how securities laws interact with various actions involving digital assets, while…
Southwest Airlines has claimed a judicial mandate that necessitates three of its senior attorneys to attend “religious liberty” training is in breach of its First Amendment right. The obligation comes following a lawsuit from a former flight attendant, who argued she was dismissed due to her anti-abortion standpoint. The judge’s order was issued against Southwest…
Recent amendments by the U.S. National Labor Relations Board (NLRB) indicate that significant changes are around the corner for the conduct of elections within organizations. These changes, which took effect August 24, 2023, are partly a reversal of several Trump-era rules and partly a re-implementation of rules dating back to the Obama administration. The crux…
In a recent development, the Occupational Safety and Health Administration (OSHA) publicized the results of a whistleblower investigation related to North Dakota Department of Environmental Quality (NDEQ). This investigation was initiated following OSHA’s allegation that NDEQ retaliated against a staff environmental scientist who reported safety concerns about a public water system – both to the…
The U.S. Occupational Safety and Health Administration (OSHA) has unveiled a proposed rule change that seeks to revert to an Obama-era policy concerning employee representatives during OSHA workplace inspections. As of August 29, 2023, the newly proposed rule would allow employees to select third-party representatives to accompany inspectors during OSHA walkaround inspections of their employer’s…