In a recent development, the Departments of Health and Human Services, Labor, and the Treasury (the Departments) announced the Federal Independent Dispute Resolution (IDR) Process Administrative Fee and Certified IDR Entity Fee Ranges Proposed Rule (the Proposed Rule) on September 20, 2023. This proposal signals a significant change in fees related to the No Surprises…
In a significant legislative development, members of Congress have proposed the “Tobacco Tax Equity Act of 2023” (S.2929 and H.R.5715), a bill aiming to bring about a considerable increase in tobacco tax. The bill, introduced in both the U.S. Senate and House of Representatives, seeks to reshape the landscape of the tobacco industry, impacting businesses…
An ex-employee of Ohio’s state disability office fell short in an appeal to the U.S. Supreme Court, with the justices opting not to revisit the noted Alice and Mayo rulings on patent eligibility. This decision underscores the challenges of challenging these patent rulings, continuing a running trend with appeals related to Alice and Mayo cases….
On September 19, the Consumer Financial Protection Bureau (CFPB) issued a new directive, Circular 2023-03, which outlines the responsibilities of lenders when denying credit applications underwritten through artificial intelligence (AI) or complex credit models. This is part of CFPB’s effort to provide greater transparency in lending processes and enhance fairness in credit decisions. Notably, the…
In a significant development, Prospect Medical Holdings, Inc. recently reported a data breach affecting roughly 190,000 of its employees and dependents. An unauthorized party gained access to the company’s IT network, which lead to vulnerable and sensitive information being compromised. Information accessed during this breach includes personal details like names and social security numbers of…
As legal professionals navigate the evolving landscape of artificial intelligence (‘AI’), there is a growing need to stay abreast of the policy issues and practical implications AI is creating – implications that continue to garner increasing attention from the U.S. federal government. At JD Supra , they share updates regarding possible legislative, executive, and regulatory…
In the ever-evolving landscape of securities law, one emerging topic stirring discourse among legal practitioners concerns the concept of “tippee liability”. The question being raised is intriguing: can a tippee be held accountable for insider trading, even if the tipper is not found guilty of this offence? The issue is rooted in the broader, somewhat…
A recent legal development has captured the attention of environmental lawyers and corporate legal departments worldwide: the United States Environmental Protection Agency (EPA) announced on September 27th, that the United States Department of Justice filed a complaint in the United States District Court, situated in Brookland, New York. This complaint was lodged against the leading…
Environmental, Social, and Governance (ESG) issues, despite not being a new concept, have become increasingly significant in the contemporary business world. Legal professionals have an increasingly critical role to play in understanding and navigating the complexities of ESG. These issues inform the business practices from a perspective of risk management, regulatory compliance, reputation, opportunity, and…
The process of amending an operating agreement within a Limited Liability Company (LLC) often necessitates a great deal of care, particularly when unanimous consent is not achieved. This point is critical for legal professionals advising LLCs of various scales, from smaller, member-managed groups to larger, manager-managed corporations. According to a report by Farrell Fritz, P.C….
The United States Supreme Court has headed into yet another term, initiating their first oral argument over the interpretation of a seemingly simple word – “and”. The justices, including renowned textualists Justices Neil Gorsuch and Brett Kavanaugh, grapple with the interpretations, their different approaches starkly apparent. The debate, centered around the case Pulsifer v. U.S.,…
In the event of a governmental shutdown, as projected if Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, certain U.S. immigration processes and visa programs are expected to be disrupted, but not all of them. This scenario, set to commence on October 1, 2023, would see immigration agencies…
In an ongoing series of moves reflecting the ever-increasing importance of intellectual property (IP) law in the technology sector, pioneering law firm Perkins Coie has brought Jessica Kaiser, a former lead administrative patent judge at the United States Patent and Trademark Office (USPTO), into the fold. She most recently held a position as a partner…
In an eleventh hour effort before a projected government shutdown, the US Food and Drug Administration (FDA) laid out its plan for forging ahead with the regulation of laboratory-developed tests (LDTs). The FDA’s approach is notably straightforward: Labratories that develop LDTs for clinical use are considered manufacturers of in vitro diagnostic medical devices (IVDs) for…
In a recent episode of the EO Radio Show – Your Nonprofit Legal Resource, Cynthia Rowland dove into the intricacies of state registration for nonprofit corporations. As detailed in the episode, this was the sixth in a series of Quick Tip episodes with an aim at providing illumination on state specific regulations and requirements for…
In an ever-evolving digital world, artificial intelligence (AI) continues to penetrate new facets of professional practice. Tax enforcement, which by definition is data-intensive, appears to be no exception. One could say we are living in a burgeoning age of automated tax auditing, where AI is beckoning a revolution. In fact, the Internal Revenue Service (IRS)…
The Republic of the Marshall Islands recently made significant amendments to its maritime law and regulations, with Section 302 of the Maritime Act of the Marshall Islands (the “Maritime Act”) being among the sections revised. The alterations specifically target certain mortgage instruments. Those that stipulate they will only become valid and effective upon recording with…
Builders Mutual Insurance Company Inc, on September 29, 2023, had to file a notice of a data breach with the Attorney General of Maine following the discovery that their computer network had been accessed unwillingly by an unauthorized party. This was a concerning revelation of the violation of their security systems. According to JD Supra,…
When the Fifth Amendment to the US Constitution is discussed, it is often referred to in the context of criminal procedures. However, an understated aspect of this amendment, the takings clause, provides a crucial constitutional protection for property owners. This comes into effect when the government, for whatever purpose, infringes upon an individual’s property rights….
In the midst of the heated debate surrounding drug prices as part of the broader healthcare cost discourse, renowned patent experts are stepping up to defend the importance of patents in the face of criticism. A common perception, particularly over the past few years, aligns patents with the rising costs of medical drugs. This alleged…
In an effort to protect and uphold their diversity, equity, and inclusion (DEI) programs, large law firms (Biglaw) are embracing new guidance amid ongoing attacks on these initiatives. The New York State Bar Association task force, led by Julie Jones, chair of Ropes & Gray, has created a plan to assist these firms in safeguarding…
As the COVID-19 pandemic continues to influence global business, it is critical for international corporations and law firms to stay informed on the evolving immigration landscape. Information pertaining to the current status of global restrictions and closures are included in Seyfarth Shaw LLP’s most recent October 2023 Global Immigration Alert. While some country-specific COVID-19 related…
In a series of recent publications, the Financial Crimes Enforcement Network (“FinCEN”) has issued various publications relating to the Corporate Transparency Act (“CTA”). These pertain, amongst others, to a proposed extension of the filing deadline for certain reports of Beneficial Ownership Information (“BOI”); a proposed revision to the BOI reporting form; and expanded FAQs. FinCEN’s…
On September 27, 2023, the U.S Department of Homeland Security (DHS) took a significant step towards fostering stronger relations with Israel. The DHS announced the inclusion of Israel in the Visa Waiver Program (VWP), a development that will substantially simplify the processes Israeli citizens and nationals need to travel for tourism or business to the…
The ongoing debate regarding the Security and Exchange Commission’s (SEC) approach to digital asset enforcement is hitting a crescendo; characterized by some as overreach, others elucidate it as simply the application of existing laws. This conversation focuses essentially on non-fungible tokens (NFTs), where the SEC’s recent actions draw both criticism and support. The SEC has…