The U.S. Equal Employment Opportunity Commission (EEOC) recently invited the public to provide feedback on its proposed “Enforcement Guidance on Harassment in the Workplace”. This development followed a majority vote within the EEOC. In an effort to display transparency and get public involvement, the EEOC’s notice of this proposed guidance and a concurrent request for…
In light of the potential government shutdown, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance has issued guidelines detailing its operations during such an event. The focus of the notice involves the acceleration of the effectiveness of the registration statement and associated subjects. The Division has emphasized its commitment to accelerating the effectiveness…
In a recent development in environmental law, several environmental organizations have petitioned the United States Environmental Protection Agency (EPA) in objection to the Title V Operating Permit for the Delaware City Refinery, Delaware. The petition, dubbed as “Petition to Object to the Title V Operating Permit for the Delaware City Refinery” was filed with the…
The U.S Securities and Exchange Commission (SEC) continues to vigilantly monitor compliance with filing requirements, as exemplified by recent actions related to late Section 13 and 16 filings. From incumbent corporations to new issuers, no entity is immune. This serves as a clear reminder that the SEC frequently scrutinizes late Form 4, 13G and others,…
In a notable turn of events, a three-judge panel for the U.S. Court of Appeals for the Third Circuit reversed a decision by the Environmental Protection Agency (EPA). The judges held that the Clean Air Act (CAA) prevents the EPA from enforcing the strict, Prevention of Significant Deterioration (PSD) permitting on facilities that are reactivating…
On September 15, 2023, Ultima Services (Ultima) ushered a substantial development in a suit of broad implications for participants of the Small Business Administration’s (SBA) 8(a) Business Development Program. Ultima filed a motion in the U.S. District Court for the Eastern District of Tennessee, seeking additional equitable relief in its ongoing legal challenge regarding the…
In recent months, a burgeoning trend has been spotted wherein substantial UK-based companies are venturing towards listings on US stock exchanges, such as the New York Stock Exchange (NYSE) and Nasdaq. This development, seemingly at the expense of the London Stock Exchange (LSE), potentially adds a new dimension to international capital markets. One of the…
The economic cycles of recent years have highlighted financial disparities between different practice areas, triggering discussions on partner compensation systems within law firms. This is being increasingly felt as partner pay surpasses $20 million at some firms, making way to a reinvigorated interest among firm leaders to compare their partner compensation methods against their peers….
In a regulatory update that deserves close attention, the Securities and Exchange Commission (SEC) recently settled an administrative proceeding, during which it argued that an employer acted in a way that could have discouraged potential whistleblowers. In the case at hand, the employer, as a part of a severance agreement, mandated its employees to confirm…
The renowned sentence from Supreme Court’s opinion in Marbury v. Madison, “It is emphatically the duty of the Judicial Department to say what the law is,” consigned to the Supreme Court the accountability of determining the constitutionality of statutes. This power bestowed to the Supreme Court starkly contrasts with that of other federal courts. Unlike…
As we approach another potential tipping point in American politics and economy, legal professionals would do well to prepare for the repercussions of a potential government shutdown. The likelihood of such an event tragically increases with tensions in Washington, and the potential consequences for federal contractors and grantees should not be downplayed. The question on…
Saskatchewan Premier Scott Moe recently affirmed his determination to bypass a court ruling through the utilization of the Canadian Charter of Rights and Freedoms‘ notwithstanding clause. The court injunction in question had temporarily suspended the province’s policy regarding the usage of preferred names and pronouns for students. The Parental Inclusion and Consent policy was introduced…
As legal professionals, staying ahead of latest regulations and policy shifts is crucial for our approach, strategy and compliance efforts. In line with this, there was a significant development on September 28, 2023, with the U.S. House Committee on Small Business Subcommittee on Rural Development, Energy, and Supply Chains conducting a hearing. The hearing was…
There has been a growing trend among investment advisers and broker-dealers to leverage predictive data analytics, artificial intelligence, and similar AI-like technologies in a bid to reap financial benefits and drive down costs. However, with the rise of these sophisticated technologies, concerns about their impact on investors have also emerged. Unlike other tech-focused sectors, investment…
In a notable move, the Federal Energy Regulatory Commission (FERC) selected the proposal of PJM Interconnection L.L.C.’s (“PJM”) despite certain exceptionalities. On September 21, 2023, the Commission gave partial approval to PJM’s proposed tariff revisions regarding the calculation of the Financial Transmission Right (“FTR”) credit requirement. The proposed revisions, among other aspects, involve the calculation…
It has recently come to light that the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”) has issued a friendly reminder for entities and individuals to submit their 2023 Annual Report of Blocked Property. Entities or persons who are subject to this reporting requirement must submit a comprehensive report of all blocked property…
The retaliation lawsuit against Attorney General Ken Paxton, led by four former senior aides who have since turned whistleblowers, has been reinstated by the Texas Supreme Court. This much-anticipated decision was taken following detailed deliberations within the State’s highest legal body. Without disclosing specifics of the reasons behind their suit against Paxton – likely due…
For legal professionals utilizing Windows Copilot, it’s imperative you pay close attention to a recent update issued by Microsoft. On September 26, 2023, a configuration update was released on Windows 11 version 22H2 (all editions), which includes changes of key interest to the area of data privacy and security. Windows Copilot, the tool designed by…
The D.C. Circuit Court has released a critical decision regarding issue class certification relative to damages claims, spotlighting the necessity for all stipulations of Rule 23 to be met. Often, the certification of damages claims is determined by whether individual issues precede common issues within the context of Federal Rule 23(b)(3). Class plaintiffs who confront…
In a rapidly digitizing world, investment in legal technology is on the rise, showing no signs of slowing down. The Association of Corporate Counsel’s (ACC) 2023 Legal Technology Report revealed that 78% of respondents classified legal technology as a “must-have”. A 2022 research study from Gartner also forecasted that by 2025, technology will account for…
In recent legal developments, a federal district court in Maryland has granted class certification in a case that saw borrowers filing legal action against their mortgage lender for alleged kickbacks from a title company. The objection claimed that these kickbacks were in clear violation of RESPA (Real Estate Settlement Procedures Act) and RICO (Racketeer Influenced…
The U.K.’s Prudential Regulation Authority (PRA) has recently announced its decision to shift the implementation schedule of the final Basel 3.1 policies. The institution now aims to enforce these final policies by 1st of July, 2025, which is six months later than the previously planned date. According to the announcement, the transitional period will also…
The relatively illiquid environment of the private equity market could be witnessing a sea change, thanks to the rising popularity of continuation funds and the rejuvenated private equity secondaries market. While the secondaries market was traditionally seen as a niche domain occupied by distressed sellers seeking exits from long-term, problematic positions, it has evolved into…
In what seems to be a shift from tradition, the well-established partner and associate lockstep compensation systems, in existence since the early 1900s, may need to be reassessed. Used extensively among old “White Shoe” law firms, the pay structure was designed to boost cooperation and collegiality among partners, and in time, associates as well. The…
In a recent move, the US Nuclear Regulatory Commission (NRC) indicated a renewed emphasis on reactor safety by means of significant alterations to its Safety Culture Inspection Program. The changes, as published by the Office of Nuclear Reactor Regulation (NRR), are anticipated to roll out towards the end of 2023. This development is of great…