In a move that speaks to the spirit of “Quality Over Quantity,” the Law Commission has proposed pivotal amendments to the English Arbitration Act. According to the Law Commission’s Final Report on the Arbitration Act 1996, the proposed changes, while modest in number, are significant and targeting at enhancing the efficiency, cost-effectiveness and reliability of…
In a recent development taking place on September 19, 2023, the U.S. Food and Drug Administration (commonly known as FDA or ‘the Agency’) issued a draft guidance, shedding light on its plans regarding Regulatory Considerations for Prescription Drug Use-Related Software (referred to as the ‘Guidance’). Critical to understanding the evolution of FDA’s approach towards digital…
In the world of corporate law, understanding the nuances of insurance coverage can prove critical, particularly when it pertains to environmental liabilities such as those arising from petroleum leakage from underground storage tanks. A recent case in this domain addressed by the United States District Court (M.D. Florida) illustrates the importance of timing in such…
The U.S. Citizenship and Immigration Services (USCIS) introduced a proposal on September 19, 2023, seeking amendments to the existing regulations ruling the roles of H-1B specialty occupation workers and students in possession of F-1 visas who are beneficiaries of the timely filed H-1B cap-subject petitions. The titled proposal, “Modernizing H-1B Requirements and Oversight and Providing…
The Third Circuit has declared its decision to not revive parts of the legal malpractice lawsuits aimed at Polsinelli PC by an online pharmacy. The court found that the law firm’s act of delegating substantial portions of the pharmacy and its former CEO’s defense to co-counsel at WilmerHale did not constitute a violation of the…
As legal professionals in an ever-evolving data-driven world, the need to stay informed of new laws and regulations pertaining to data protection is critically important. A law recently caught my attention, House Bill 1155, also known as the My Health My Data Act. Washington Governor Jay Inslee gave his endorsement to this bill and it…
Ensuring compliance with hiring practices and background screening rules has never been more crucial for employers, specifically within the confines of California’s latest legal landscape. With the ongoing spate of new regulations and rules being imposed by local, state, federal governments, it’s imperative for organizations to not only remain informed of these changes but also…
In light of its prospective initial public offering (IPO), Chinese-based fast fashion brand Shein is garnering media attention for various controversies currently plaguing the company. These alleged violations include copyright and trademark infringements, charges of human rights offenses via forced labor, along with concerns related to environmental and health risks. To date, Shein’s alleged infringements…
In an era where the spectrum of freedom of speech has narrowed down significantly, Texas surprisingly took a stance in favor of the First Amendment. Known harsher censorship and restrictions, both Texas and Florida have been widely criticized for their tight reins on the literary market, to the point that it harkens back to the…
In the upcoming year 2023, the international arbitration landscape predicts to be largely influenced by macroeconomic factors. The present inflationary pressures, complemented by price volatility, along with the employment of sanctions by governments worldwide due to Russia’s invasion of Ukraine, have imposed significant challenges for businesses globally. These circumstances are resulting in an increase of…
The United Kingdom’s Financial Conduct Authority (FCA) has recently shed light on its initiative to boost diversity and inclusion (D&I) within the financial services sector. The initiative, first published in a consultation paper on 25 September 2023, outlines proposed measures with the potential to make a significant impact on systematic practices within not only financial…
The U.S. Equal Employment Opportunity Commission (EEOC) has initiated legal proceedings against Blackwell Security Services, Inc, alleging religious discrimination towards a Muslim employee. As per the available details of the lawsuit, the staffing company, which services hotels and condominiums, is accused of refusing to accommodate an employee’s religious practices, effectively forcing him to make a…
In a recent turn of events, Community First Medical Center (CFMC) has sent data breach notification letters to 216k patients. The Chicago-based healthcare center had to take this measure after experiencing a significant data breach. On September 26, 2023, CFMC filed a notice of the data breach with the Attorney General of Maine. The data…
Keating Muething & Klekamp PLL have recently distributed their monthly update on significant Employee Retirement Income Security Act (ERISA) legal developments. The September Monthly Minute is directed to corporate legal professionals and covers three important areas: tobacco surcharge cases, gag clause attestation, and adjustments to the Affordable Care Act (ACA) affordability percentage. The Monthly Minute…
The 2023 Health Care Investors Conference recently concluded with noteworthy insights into funding and financing healthcare, specifically pointing to the current environment as the “toughest in 40 years”. This analysis was conducted by a panel of four experienced members during the event. Read about it here. The panelist consensus resonated with a sentiment of uncertainty…
In recent years, catastrophic weather phenomena like storms, tornadoes, rain, flooding, wildfires, and other natural disasters have grown exponentially in both frequency and intensity. Although they don’t actively discuss it, insurance carriers have started to react to this escalating trend which many attribute to global warming. Through coverage adjustments and underwriting reforms, the insurance market…
Within the dynamic realm of cybersecurity regulations, a significant development has been initiated in California. The California Privacy Protection Agency (CPPA), in its most recent meeting since July 2023, has introduced the first draft of cybersecurity audit and risk assessment regulations, warranting the attention of legal professionals and corporations alike. As discussed at the meeting…
The legal sector has long been trying to stay ahead of the technological curve, doing its utmost to incorporate and adapt to new technology innovations across the board. One of the recent developments that have been shaking up the legal landscape is the increased use of chat applications for corporate communication. Workers across various sectors…
In a crucial ruling on August 8, the United States Courts for the Ninth Circuit delineated two significant matters pertaining to damages under the False Claims Act (FCA) within the framework of government procurement. The ruling structures the potential penalties that government contractors could be subjected to. Notably, the ruling by the Ninth Circuit, reduces…
Two bills have recently been approved by the California State Senate and State Assembly, respectively known as Senate Bill 253 and Senate Bill 261. These proposed legal requirements target companies conducting business within California, which number in the thousands. Each of these companies could find themselves obligated to disclose their greenhouse gas (“GHG”) emissions and…
Notable developments in State and Local Taxes (SALT) rarely escape attention, especially when they impact businesses and taxpayers on a significant scale. The month of September 2023 was no exception, where certain substantial changes in this arena, spread across multiple jurisdictions, created quite a stir. In a recent coverage by JD Supra, entitled “SALT Select…
Employers are required to distribute annual Medicare Part D notifications by October 14, according to the Centers for Medicare & Medicaid Services (CMS). This requirement ensures that sponsors of group health plans convey to eligible individuals whether the employer’s prescription drug coverage adheres to CMS standards for creditable coverage. The fundamental purpose of these annual…
In the latest Healthcare Authority Newsletter underlined is the American Hospital Association’s (AHA) concern about proposed updates to the Federal Trade Commission’s pre-merger notification requirements. According to the AHA, the adjustments poised are “largely unnecessary” and encompass “a substantial burden” for successful antitrust scrutiny within hospital sector. The new stipulations, as presented by the Federal…
In recent legal news, a significant judgment in the High Court provides clarity regarding the “Distressed Disposal” provisions (DD Provisions) within LMA-based intercreditor agreements (ICA). Distressed Disposal Provisions, often prevalent in ICA, have been a point of contention among stakeholders, primarily because of their uncertain interpretations across various legal settings. However, this recent development, as…
On June 9, 2023, the Securities and Exchange Commission (SEC) approved the New York Stock Exchange’s (NYSE) and Nasdaq Stock Market’s (Nasdaq) proposed clawback listing standards. The amendments not only outlined the listing standards but also delayed the effective date of the rules to October 2, 2023. As per the newly approved standards, all listed…