In an important recent development, a federal court has issued an order imposing an injunction that postpones the compliance dates for the Consumer Financial Protection Bureau’s (CFPB) final rule. This rule governs the collection of small business lending data under Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). This…
The Eastern District of Texas recently saw a significant legal decision that involves the No Surprises Act (NSA), with Judge Kernodle ruling in favor of providers in a recent litigation that saw an overturning of certain QPA rules. The ruling, made on August 24, 2023, vacated additional aspects of the NSA rulemaking and guidance. The…
The Internal Revenue Service (IRS) and the Department of the Treasury recently unveiled final regulations pertaining to the low-income community bonus credit, defined as the “Low-Income Community Bonus Credit Rules,” according to an announcement by Foley & Lardner LLP. These regulations stem from section 48(e) of the Internal Revenue Code of 1986 (the “Code”). Established…
The energy sector has been witnessing robust merger and acquisition (M&A) activities lately, with significant strides being made in the domains of sustainability and renewable energy. Sustainable business collaborations could dramatically shape the future landscape of the energy industry and pave the way forward for a greener, more sustainable planet. One prominent example is the…
The Garden State has recently taken significant steps towards regulating credit card surcharges. On August 18, 2023, New Jersey Governor Phil Murphy signed into law a notable bill imposing limits on the surcharges merchants may charge their customers for choosing the option of credit card payment for goods or services.JD Supra provides an in-depth analysis…
In an increasingly digital world, the intricate web of data governance continues to tighten, extending both domestically and internationally. As exemplified in 2023 DSIR recent revelations, there have been significant movements within the information governance space that warrant an in-depth analysis. Through an examination of these developments, potential inconsistencies in approach are highlighted, providing an…
In a recent report on real estate and construction, a number of significant developments have been highlighted that are shaping the sector. These include how advancements in AI technology are predicting home prices, the impact construction is having on the economy, and the potential for streamlined communications within the development industry. One notable area of…
Recent announcements highlight the steps taken by the Centers for Medicare & Medicaid Services (CMS) in the ongoing battle against drug price inflation. CMS has released the first batch of ten drugs, labelled as “Listed Drugs,” to be included in the Inflation Reduction Act’s Medicare Drug Price Negotiation Program, commonly known as the “Negotiation Program”….
When it comes to operating in the increasingly digitised legal world, a keystone skill that many legal professionals must master is writing an SEO (Search Engine Optimization) friendly blog post. Contrary to what many might assume, this is not as complex a task as it may initially seem. Let’s delve into ways in which law…
After many years of tepid expansion and false starts, the United States is beginning to realize its offshore wind potential. State policies have mostly driven the progress made so far, primarily incentivizing projects off the East Coast in the Atlantic Ocean. However, a noteworthy shift has occurred recently with the federal government announcing the inaugural…
An important development for environmental law professionals, the United States Environmental Protection Agency (EPA) and the United States Corps of Engineers have issued a pre-Federal Register publication final rule on August 29th revising the definition of ‘waters of the United States’ (‘WOTUS’) under the Clean Water Act. This rule is a response to the United…
In a recent development that may impact future interactions between artists and institutions, the US Court of Appeals for the Second Circuit has ruled that the Visual Artists Rights Act of 1990 (VARA) does not criminalize the covering of an artist’s mural, provided no damage is imposed upon the artwork. The preceding verdict was announced…
In a significant move, the U.S. Department of Health and Human Services (HHS) has officially recommended to the U.S. Drug Enforcement Agency (DEA) that marijuana be reclassified from Schedule I to Schedule III under federal law. The move follows a directive issued by President Biden last year to Secretary of Health and Human Services, Xavier…
On 24 August 2023, the English courts sanctioned a unique Part 26A Restructuring Plan for Esquire Retail Limited, which trades as Clintons. The restructuring plan involves distinctive treatment of business rates which stands as an unprecedented move in the industry. The decision from the English courts marked a crucial solution for the ailing greeting cards…
BJ’s Wholesale Club, a popular membership-only warehouse club chain operating in the US, has lost a preliminary bid to dismiss a potentially significant class-action lawsuit. The lawsuit, brought forth by Joe Alves, accuses BJ’s of employing a computer code known as Session Replay Code (SRC) to surreptitiously record consumer activity on the company’s website. The…
Concerns about potential risks to client confidentiality and privacy when using public artificial intelligence (AI) like ChatGPT led Australian law firm Allens to develop an alternative. Last year, the firm decided on a hands-on approach to understand generative AI better: to utilise it internally. Rather than resorting to public AI, Allens opted to create its…
In the realm of corporate law, protecting employee whistleblowers has become a highly significant issue, particularly in regions where such protections are still developing. Looking at the United Arab Emirates (UAE), for instance, some whistleblower protections have already been established, and more are in the pipeline. According to Ius Laboris, while the landscape of whistleblower…
Health Canada has recently published guidance distinguishing between advertising and non-advertising activities for health products. The newly released documents clarify the often ambiguous field of health product promotions, and could have a substantial impact on both marketing and legal departments of corporations operating in this sector. Promotional messages and activities regarding a health product, as…
In a novel enforcement movement against Non-Fungible Tokens (NFTs), the Securities and Exchange Commission (SEC) is gradually showing more interest in the otherwise hardly regulated field of digital assets. The action signifies a growing awareness of the need for regulatory oversight in this rapidly evolving sector. This development follows a cease-and-desist order, dated August 28,…
On August 29, the U.S. Environmental Protection Agency (EPA) announced a significant alteration to its definition of ‘waters of the United States’, a term that has long been a point of contention in environmental law and policy. This change was prompted by the Supreme Court’s ruling earlier this year in the case of Sackett v….
The U.S. Environmental Protection Agency (EPA) has recently published a letter in reply to a petition lodged by various environmental groups. The petition sought amendments to the Clean Water Act (CWA) regulations specifically for concentrated animal feeding operations (CAFOs). More details about the EPA’s response and the proposed amendments can be found in the petition….
On August 8, 2023, a significant ruling in the corporate legal sphere emerged when Judge Katharine H. Parker, hailing from the Southern District of New York (S.D.N.Y.) rejected the bid from Spectrum Dynamics Medical Limited (“Spectrum”) to drive the production of documents, which the firm insisted were exempt from the attorney-client privilege under the crime-fraud…
The realm of artificial intelligence (AI) continues to push boundaries, frequently prompting legal debates around issues such as ownership, copyrights, and intellectual property rights. A recent case speaks to this continuously evolving landscape. In this case, the US District Court for the District of Columbia ruled in line with the US Copyright Office’s denial of…
On August 30, 2023, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to revise the stipulated salary requirements under the Fair Labor Standards Act (FLSA). Aimed at updating salary and annual compensation requirements for certain employees, this proposal specifically targets those subject to executive, administrative or professional exemptions; categories commonly known…
In recent legal news, a contentious case involving Southwest Airlines has garnered attention, due to what some have labelled as alleged “disingenuous argumentation”. The case revolves around Southwest Airlines’ response to a court order demanding its key personnel take training classes from a group recognized by the Southern Poverty Law Center (SPLC) as a hate…