On September 21, 2023, the Federal Trade Commission (FTC) has officially announced an action against U.S. Anesthesia Partners, Inc. (USAP) and the private equity group Welsh, Carson, Anderson & Stowe (WCAS). The allegation is primarily focused on a series of relatively discreet acquisitions of anesthesia practices, which, in the FTC’s view, has allowed the defendants…
On August 7, 2023, a proposed amendment to the Federal Acquisition Regulation (FAR) was introduced with the aim of enforcing anti-trafficking reporting requirements on US-flag air carriers. This proposal was put forward by multiple US federal entities, namely the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration. If approved,…
The U.S. Equal Employment Opportunity Commission (EEOC) disclosed its draft enforcement guidance pertaining to workplace harassment on September 30, 2023, as highlighted by Stevens & Lee on JD Supra. This release comes six years following a previous attempt to revitalize the EEOC’s earlier guidance during former President Trump’s administration. The public is now invited to…
In a significant move for the legal landscape, the Delaware Court of Chancery has unveiled its first set of amendments as part of a long-term plan to modernize and update its rules. The amendments were issued on September 25, 2023, and formulate part of a strategy designed to bring the court’s procedures into the 21st…
In an evolving business landscape where non-compete agreements are increasingly restricted or even prohibited, corporations face a growing need to fortify their commitment to the preservation of their intellectual property (IP) and confidential information. This need becomes especially critical when employees transition to work for competitor entities, thereby necessitating advanced protective measures. As detailed by…
In the Autumn 2023 issue of The Employment Law Reporter, a variety of developments in employment law were discussed, providing corporate legal professionals with the latest insights into this critical field. One of the features of this issue recounts a recent decision by the U.S. Court of Appeals for the Second Circuit. This respected Federal…
Chicago’s legal scene is seeing a significant shift in staffing dynamics within the field of intellectual property (IP) and tech disputes. Bryan Cave Leighton Paisner LLP (BCLP) announced on October 2, 2023 that it has expanded its global IP and tech disputes practice team by welcoming a new partner formerly affiliated with Katten Muchin Rosenman…
The US Supreme Court recently made public its orders following its September ‘long conference’. At the conference, the court granted certiorari for 12 cases on Friday and a further two cases on Monday. These cases are set to be argued in the Winter term, either in January or February. All cases put forward in Friday’s…
On July 19, 2023, significant implications were made apparent on the U.S. Small Business Administration (SBA)’s 8(a) Business Development program. The U.S. District Court for the Eastern District of Tennessee in the Ultima Services Corp. v. U.S. Department of Agriculture case imposed an injunction on the SBA. It prevented the SBA from determining federal contractor…
With the impending deadline of September 30, 2023 for the U.S. Congress to decide on appropriations to fund the federal government, the legal community is alert to potential implications for antitrust enforcement. In particular, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have put forth contingency plans which detail the potential impact of…
In our conclusion to the three-part series discussing changes to U.S. immigration policies, today’s update focuses on the U.S. Immigration and Customs Enforcement (ICE) and their recent amendments in relation to Red Notices. The ICE issued new agency-wide guidelines on September 29, 2023, aiming to streamline how immigration officers handle cases where Red Notices and…
Recognizing the significant unemployment issues facing individuals who are blind or visually impaired in the United States, DirectEmployers Association recently sat down with representatives of Bosma Enterprises and its Visionary Opportunities Foundation to discuss the challenges facing this demographic and potential solutions. The discussion formed part of the DE Talk podcast and focused on providing…
In a recent ruling, the U.S. Supreme Court declined to consider the breadth of invalidity issues that can be brought up in court by patent challengers following an inter partes review. The ruling came in response to a case brought forward by Thryv, the operator of YellowPages.com. Thryv had argued that the Federal Circuit had…
In a move that continues to illustrate the dynamic nature of employment law, the New York Paid Family Leave (“Paid Family Leave”) program is set to experience further changes. Autumn ushers in more than a change in weather for employers with New York-based employees; it ensures that they must keep abreast of continual evolutions in…
In a recent update, The US Treasury’s Financial Crimes Enforcement Network (FinCEN) has released a Small Entity Compliance Guide to help navigate the Corporate Transparency Act’s beneficial ownership information reporting mandates. Documented by Hogan Lovells, this publication represents a significant milestone for corporate legal professionals working on compliance issues. The guide is designed as a…
Recent updates from the U.S. Office of Management and Budget (OMB) indicate the establishment of a platform addressing “Agency Contingency Plans”. This platform provides plentiful and diverse links, directing to contingency plans for a sundry of agencies. With the guidance accessible through these links, corporations and law firms can gain an understanding on how different…
Kirkland & Ellis, the top-ranked firm in the Am Law 100, has announced a record-setting round of partner promotions. The firm has promoted 205 lawyers to partner, effective from October 1, crossing the notable 200 mark. This represents a 6% increase over the previous year’s 193 promotions. The increase, while significant, is a relatively smaller…
Just when you thought the debate surrounding a possible Trump vs. Biden election was robust enough, Mark Herrmann provides an insightful and equally provocative take in a recent piece on the widely-read legal blog, Above the Law. Within the piece, Herrmann delves into the conventional wisdom of this hypothetical election scenario. One side of the…
The Federal Deposit Insurance Corporation (FDIC) recently released its annual Summary of Deposits (SOD) data, as of June 2023. The annual SOD data is the product of the FDIC’s annual survey of branch office deposits for all FDIC-insured institutions. The FDIC’s data offers a comprehensive overview of the deposits totals for over 77,000 domestic offices…
Amicus Therapeutics recently announced FDA approval for their combination treatment for Pompe disease, a rare enzyme deficiency condition. This approval furnishes the pharmaceutical company with the opportunity to support patients as yet inadequately served by the current standard of care, specifically treatments by Sanofi. Globenewswire has reported that the granted approval extends to the treatment…
The rates for outside legal counsel continue to rise, according to the recently published CounselLink 2023 Trends Report Mid-Year Special Edition. Specifically, statistics reveal that in 2022, the average partner billing rate increased by 4.5%, marking the most significant increment in the report’s decade-long history. This upward trend does not appear to be slowing with…
In a pivotal legal development, a direct seller has successfully defend itself against the Federal Trade Commission’s pyramid scheme allegations. The wellness company in question, Neora, LLC, once known as Nerium International, LLC, long contested these claims since their filing back in November 2019. The FTC’s lawsuit targeted both Neora and its Chief Executive Officer,…
In anticipation of a possible 2023 government shutdown, concerns are arising about the impact on U.S. immigration processing. Primarily handled by federal agencies, any prolonged cessation could significantly affect or delay immigration-related procedures. Evaluating the potential consequences, this situation may mimic past scenarios when federal operations faced similar interruptions. Notably, experiences from the 2018-2019 shutdown…
In an evolving story that continues to stir discussions across the legal field, a diverse group of popular authors, including George R.R. Martin, Paul Tremblay and John Grisham, are taking the tech giant OpenAI to court over claims of unauthorized use of their content for the training of language learning models. This recent development marks…
Four state attorneys general, representing Colorado, Oregon, Pennsylvania, and Texas, have announced settlements with Choice Hotels International, Inc. (JD Supra). Choice Hotels, known for operating popular brands such as Quality Inn, Sleep Inn, and Econo Lodge, had come under scrutiny for its practice of charging undisclosed “resort” fees. The undisclosed fees issue, also referred to…