After a decade of leadership, David Greenwald is set to retire from his position as Chair of Fried Frank. Greenwald’s tenure, beginning as a young attorney at the firm, witnessed a brief departure to Goldman Sachs only to conclude where it originated. His retirement is scheduled to take place in early 2024. Over his leadership…
For professionals navigating the ever-dynamic landscape of legal operations innovation, relief is on the horizon. A new podcast titled ‘UpLevel View’ is set to become a beacon for those who might be feeling overwhelmed by the pace and complexity inherent to this evolving sphere. On a monthly basis, listeners will be privy to exclusive interviews…
The Financial Conduct Authority (FCA) has outlined prerequisites for companies wishing to engage in “financial promotion” related to a “qualifying cryptoasset”. Beginning on October 8, these companies can only legally conduct such promotions if the communications are relayed by an authorised representative of either the FCA or Prudential Regulation Authority (PRA). This recent update highlights…
David Farkas, a previously employed senior corporate counsel at FirstEnergy, a major Ohio-based electrical utility, has filed a lawsuit alleging that he was dismissed as a result of his opposition to the company’s diversity, equity and inclusion (DEI) program, which he maintains is “unlawful”. According to the lawsuit, Farkas, a white male who began working…
Earlier this year, Governor Phil Murphy signed the Temporary Workers’ Bill of Rights (the “Act”) into law. This law, which promises to transform the working conditions for temporary employees across the state, has now been paired with proposed regulations from the New Jersey Department of Labor (“DOL”). These proposed regulations, which are currently under a…
As previously reported, the General Assembly of Maryland has been recognized for passing House Bill 209 (Chapter 560 of the Laws of Maryland 2023), which introduced pivotal amendments to the Maryland General Corporation Law (MGCL), the Maryland REIT Law (MRL), and the Maryland Statutory Trust Act (MSTA). Furthermore, certain amendments have also been made to…
In a recent audio discussion, Wiley’s cyber team has suggested potential solutions for improving cyber incident reporting, in the light of a new report by the Department of Homeland Security (DHS). The report, destined for Congress, addresses issues currently challenging the reporting of cyber incidents, notably the duplication of reporting regimes. At present, more than…
On September 11, 2023, a significant development unfolded in the finance world when the U.S. Securities and Exchange Commission (SEC) decide to settle proceedings against nine registered investment advisers. The investment advisers were charged due to accusations of misrepresenting hypothetical performance of advisory products. This is seen as part of a continuous Division of Enforcement…
In a recent ruling in the case Castello v. Ex’r of the Est. of Castello, a court’s summary judgment was overturned with a fact issue raised in regards to the testamentary capacity of the testator. This case came to light when a decedent died leaving a will that had designated his assets to his wife…
Given the recent remarks of Daniel W. Glad – Director of the Procurement Collusion Strike Force (“Strike Force”) for the Department of Justice’s (“DOJ”) Antitrust Division – it is clear that criminal antitrust is rapidly rising as a top enforcement priority. Speaking at the Virginia Bar Association’s Annual White-Collar Fall Forum on September 14, 2023,…
Calculating overtime pay according to the Fair Labor Standards Act (FLSA) often presents pitfall opportunities for employers, especially when it comes to the inclusion of non-discretionary income. This is a common error made by organizations which can lead to significant challenges. The FLSA is a cornerstone of labor law in the U.S, constructed to guarantee…
In a recent ruling that has drawn the attention of legal professionals across the globe, the Ninth Circuit proclaimed that some felony convictions for shipping misbranded drugs do not necessitate proof of scienter – that is, evidence that the defendant was cognizant of the fact that he or she was shipping misbranded drugs. Hence, no…
The recently published annual report of the European Supervisory Authorities (the “ESAs”) sheds light on the extent of voluntary disclosure of principal adverse impacts (“PAIs”) under the Sustainable Finance Disclosure Regulation (“SFDR”). The report followed a survey based on eleven probing questions about various aspects of PAIs under SFDR. This survey was sent out to…
The U.S. Supreme Court is set to make a key decision surrounding the Administrative Procedures Act’s (APA) statute of limitations in a recent case, Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The board is facing critique from Corner Post for a rule issued in 2011, which concerns certain fees for…
In a recent development, several organizations have found themselves facing fines from the Securities and Exchange Commission (SEC) for failing to provide Whistleblower Protections, as stipulated under Rule 21F-17 of the Securities Exchange Act of 1934. This rule, which was adopted under Dodd-Frank, serves to prohibit employers from taking any action that would impede an…
In an influential move within the legal landscape, the court’s expansive interpretation of the term “securities contracts” has broadened the reach of the Bankruptcy Code’s “safe harbor” provision significantly present under section 546(e). This section has consistently been a subject of controversy due to its role in preventing the avoidance of certain types of contractual…
The Equal Employment Opportunity Commission (EEOC) recently signaled an important update in its regulatory approach to combating workplace harassment. The EEOC published its draft enforcement guidance – the Proposed Enforcement Guidance on Harassment in the Workplace – putting forth its intended law interpretation and future enforcement priorities pertaining to harassment in the workplace. Significantly, if…
In an unexpected turn of events, Frederick Douglass Moorefield Jr., the Deputy Chief Information Officer for Command, Control, and Communications, for Office of the Secretary of Defense, has been charged with illegal animal fighting, according to a press release from the United States Attorney’s Office for the District of Maryland. Moorefield, it appears, had been…
As Diversity, Equity, and Inclusion (DEI) programs gain traction within big corporations and law firms, legal issues challenging these initiatives also mount. Recently, a critical move has risen in the legal horizon. The American Alliance for Equal Rights (Alliance) has rolled out lawsuits against two of the nation’s largest law firms. These two lawsuits argue…
Joseph Roberts, a law student at Golden Gate University, was recently arrested in connection to the horrifying murder of his fiancée, Rachel Elizabeth Imani Buckner, who was also a law student at the same institution. Buckner’s mutilated body was discovered on July 20th along a California beach, found inside a garbage bag without its head,…
Billable hours continue to serve as the crucial backbone of law firm profitability, yet many attorneys speak of their association with the concept in nuanced tones. They recognize it as necessary, yet its relentless pursuit can often create more harm than good. Interestingly, there’s a growing sentiment within the legal profession contending that there’s more…
In late August, the U.S. Department of Health and Human Services (HHS) signaled a major policy change regarding marijuana. HHS announced its recommendation to alter the classification of marijuana from a Schedule I to a Schedule III controlled substance, under the Controlled Substances Act. This development, of course, carries potential sweeping implications for the tax…
In a ruling that has the potential to reshape the landscape of mineral rights in Canada, the British Columbia Supreme Court has mandated the modernization of the province’s mineral claim system in a landmark case, Gitxaala v. British Columbia. The ruling dictates that the issuance of mineral claims within the province automatically triggers the Crown’s…
In the flux of post-pandemic market transformations, experts from Lowenstein Sandler LLP hosted a discussion with John Stolz, Chair of Lowenstein’s Real Estate practice, to share insights on the burgeoning developments within the real estate market. Here, you can find the full publication of their dialogue. Stolz explicates the current condition of the real estate…
Effective from January 1, 2024, the Corporate Transparency Act (“CTA”) mandates that most legal entities incorporated, organized, or registered to do business in a state are obligated to disclose significant information about its owners, officers, and controlling persons. This information will be given to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S….