Changes are afoot regarding labor strategy under the Labor Government. The extent of the changes and their impacts remain uncertain for now. However, what’s clear is the government’s intent to promote permanent employment and use legislative power to curb the number of workers in other categories. The Labor Government is evidently shifting its strategy to…
In a significant legal development, the Western District of New York court has sided with the Consumer Financial Protection Bureau (CFPB), denying the defendants’ motions to dismiss a case alleging violations of both the Fair Debt Collections Practices Act (FDCPA) and the Consumer Financial Protection Act (CFPA). The case, initiated by the CFPB against debt…
In July 2023’s issue of McDermott’s Healthcare Regulatory Check-Up, significant regulatory activity is highlighted. Specifically, there are several recounted instances of criminal and civil enforcement actions falling under the purview of the False Claims Act (FCA) and the Anti-Kickback Statute (AKS). The FCA is a federal law that imposes liability on persons or companies who…
In a recent case, a Minnesota bankruptcy court made a significant ruling that is of particular consequence to legal professionals dealing with franchise law. The court granted Fantastic Sams, a well-known hair salon franchise, a preliminary injunction against a former franchisee. The plaintiff was operating four new hair salons, which the court found to be…
Identity verification procedures at the U.S. Patent and Trademark Office (USPTO) are reportedly due to expand in light of discoveries that attorney support staff accounts on USPTO.gov have been subject to fraudulent use by foreign agents. On Friday, the USPTO announced that all staff – both existing and new – who use these accounts will…
In a pivotal move on August 30, 2023, the Small Business Administration (SBA) responded to a legal demand crafted in the Ultima Services Corp. v. U.S. Dept. of Agriculture case. The SBA filed a Notice of Compliance, directly engaging the U.S. District Court for the Eastern District of Tennessee (Greenville Division) in the escalating legal…
In a significant update, Texas Medical Association and additional plaintiffs have taken action against the rules and regulations implementing the No Surprises Act (NSA) – termed TMA I, II, III, and IV. The legal disputes were filed in the US District Court for the Eastern District of Texas, Tyler Division. District Judge Jeremy Kernodle has…
As we near the close of 2023, digital asset transactions are under the microscope of regulation and control once again. On August 29, the Department of the Treasury and the Internal Revenue Service (“IRS”) made ripples in the cryptocurrency world by publishing proposed regulations related to tax reporting requirements on digital assets. The proposed regulations,…
North Carolina’s high court has partially revived a software developer’s suit, which alleges the developer was deceived into selling his technology to a pharmaceutical company. In the court’s latest ruling, it was found that there may have been a misinterpretation of portions of the purchase contract. Additionally, it appears that the developer was wrongly denied…
The complexities of managing international trade items, particularly within the realm of legal and business sectors, are notably extensive. One key component of the trade regulation landscape which professionals from multiple industries should be aware of is the ITAR, or International Traffic in Arms Regulations. Under ITAR, any individual or company situated in the United…
Adherence to compliance procedures in international trade relations is becoming increasingly critical for corporations, particularly in the current geopolitical context. Many companies have found it necessary to reassess their export control compliance procedures, especially with respect to nations such as Russia, China, and Venezuela, which have adversarial or strained relations with the United States. In…
Regulation within the pharmaceutical industry is adapting once more as illustrated by two new guidances released under the FDA Drug Supply Chain Security Act (DSCSA). The DSCSA was enacted in 2013 with the intention of tightening security measures among entities in the pharmaceutical supply chain. These measures aim to prevent counterfeit and illegitimate drugs from…
In addition to approving the long-term debt proposal, the Federal Deposit Insurance Corporation (“FDIC”) Board had a full docket this Tuesday. The announcement for the meeting specified a hefty agenda, outspreading rumors of significant activity within the legal sector. The board’s discussions and decisions during this meeting are particularly noteworthy considering its influence on major…
In light of the United States Department of Labor, Wage and Hour Division’s recent Notice of Proposed Rulemaking (NPRM), questions have arisen about the federal Fair Labor Standards Act’s (FLSA) regulations application to operations in Puerto Rico. The NPRM, released on August 30, 2023, proposes updates and revisions to the regulations under the FLSA regarding…
On September 1, 2023, Cognizant / TMG, a leading consulting firm, submitted a data breach notice to the Attorney General of Texas. This was following the discovery of unauthorized access to vital data held on the company’s network by unknown actors. A review into this breach revealed highly sensitive consumer information may have been exposed….
Extended Producer Responsibility (EPR) laws are increasingly capturing attention in the United States, particularly within the legal framework of individual states. Notably, they extend liability to producers for the entire lifecycle of a product, signifying a shift toward a more circular economy. This legal approach is already prevalent in Europe and Canada, but its adoption…
In recent legal news, a stem cell research startup backed by Gilead Sciences emerged victorious in a patent lawsuit. The case was brought forward by a rival entity backed by the Massachusetts Institute of Technology (MIT). The allegations proposed that one of the founders of the startup, who previously held the role of a consultant,…
The Department of Justice (DOJ) has entered into a settlement agreement with American Bank of Oklahoma (ABOK) over allegations of engaging in unlawful redlining in Tulsa, Oklahoma. The announcement of this settlement was made by the DOJ following an investigation into ABOK, which was initiated after the department received a referral from the Federal Deposit…
A patent attorney who was accused by Force MOS Technology Co. Ltd. of causing his client’s patents to expire by neglecting maintenance fees has managed to dispense with some claims. The claims dismissed were deemed to be duplicative of the legal malpractice allegation lodged by the company. US Magistrate Judge Susan Van Keulen of the…
The Canadian government is shifting its focus toward national security matters, demonstrating an enhanced scrutiny of foreign investment within the country. This change comes as part of its broader efforts to put out ‘national security fires,’ reflected in noticeable adjustments including name changes for related government departments. According to a recent article by Stikeman Elliott…
As pickleball, described as one of America’s fastest growing sports, continues to rise in popularity, many enthusiasts are starting to feel the pinch of a shortage in facilities for this trending game. Really avid players have now been considering applying their passion to practical application by opening their own pickleball facilities. However, in order to…
An unopposed emergency motion for leave to intervene has been recently submitted in the Texas lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB) final rule regarding small business lending. The motion was filed by XL Funding, LLC, doing business as Axle Funding, LLC (Axle) and by the Equipment Leasing and Finance Association (ELFA) – collectively…
On September 1, 2023, a notable data breach occurred at ACSO of Texas, L.P., trading as Advance America. The company filed a notice of data breach after realizing an unauthorized entity had gained access to confidential consumer information within its IT network. This breach impacted 278,491 Advance America customers in Texas, marking a significant violation…
Keeping up with the dynamic world of legal news can sometimes feel as challenging as trying to keep pace with pop-star phenomena such as the likes of Taylor Swift and Beyonce, who spent the bulk of the summer selling out stadium after stadium to adoring fans worldwide. Just as their enthralling performances are ensuring fans…
In a significant development, a federal court in Arizona has recently dismissed the “employer knowledge” argument for employers seeking to shirk accountability for unlawful wage practices under the Arizona Wage Act (AWA). In the case of Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the court ruled that the AWA does not…