The National Labor Relations Board (“Board”) has once again revised its definition of a “joint employer” due to a new final rule published in the Federal Register, indicating significant implications for legal professionals and their corporate clients. This revised definition could greatly widen the scope of who may be designated as a “joint employer” under…
In a significant turn of events, The Supreme Court is now set to make a decision on the bounds of the federal government’s involvement with social media companies when it comes to content moderation. This ruling comes after the Fifth Circuit court had previously expanded its finding that the Biden White House and the FBI…
In a recent legal development that may have far-reaching implications for the intersection of copyright law and artificial intelligence, OpenAI, the makers of the popular artificial intelligence platform ChatGPT, has responded to plaintiffs’ claims with an unyielding reference to sports legend Michael Jordan and renowned comedian Sarah Silverman. The case, Silverman v. OpenAI, concerns allegations…
Generative Artificial Intelligence (AI), capable of creating novel texts, images, and contents, is rapidly altering numerous industries, and healthcare is not spared. Medical professionals are finding innovative applications for such technology to enhance patient communication and streamline record-keeping processes. Generative AI is being utilized to help create virtual patient simulations in medicine, providing a valuable…
In a significant legal development, the Colorado Department of Insurance has ushered in a new regulation centered on insurers’ use of artificial intelligence models. With this, Colorado has taken a lead in tackling race-based discrimination through AI. The rule is likely to be emulated by other states, given the nationwide repercussions of such advanced regulatory…
In the dynamic world of business, from burgeoning startups to established corporations, entity formation plays a crucial strategic role. Companies of all sizes and stages must often create at least one legal entity to facilitate their operations. As these businesses evolve, expand, and adapt to shifting market landscapes, opportunities often arise that trigger the formation…
For legal professionals working within multinational corporations and prestigious law firms, the complexity of the governance landscape has become an undeniable reality, especially given the increasing demands on leadership and organizations over the past decade. Nevertheless, the adage ‘Keep it Simple Stupid’ (KISS) remains valid and carries an essential message – simplicity is crucial, particularly…
In recent times, the Department of Justice (DOJ) has increased the value of compliance assessments as an effective tool in the due diligence process involved in mergers and acquisitions. Deputy Attorney General Lisa Monaco further highlighted the importance of stringent corporate compliance assessments in her recent speech on ethics and compliance. As part of the…
Multiple significant developments have surfaced in the realm of Gainful Employment (GE) law, throwing light on its applicability and enforcement. Most importantly, the Department of Education (ED) has unveiled the official and final GE rule. Historically focused on for-profit institutions, the GE rules have evolved to be equally relevant for non-profit entities. This raised many…
Beginning in 2024, a substantial number of businesses in the United States, both domestic and foreign, will need to comply with new reporting requirements under the Corporate Transparency Act (CTA). According to the law firm Lippes Mathias LLP, the rules compel companies to disclose information about their businesses, owners, high-ranking officials, and crucial decision-makers. The…
In a move that is anticipated to have far-reaching implications for federal regulatory agencies, the American Bar Association (ABA) recently released a recording of a live program on the Supreme Court’s revisiting of the Chevron judicial deference framework. The announcement was shared via JDSupra. The program titled, “U.S. Supreme Court to Revisit Chevron Deference: What…
The Equal Employment Opportunity Commission (EEOC) has recently updated its proposed guidance on harassment in the workplace. This updated proposal reflects significant developments in both relevant case law and societal trends, many of which can be traced back to the #MeToo movement and the rising influence of social media. The commission initially released this guidance…
The ongoing depletion of naturally occurring phosphorus, colloquially termed the “Phosphogeddon,” has been raising serious concerns among environmentalists. It has even been argued that its significance might soon rank close with that of climate change by certain quarters. The need to counteract this ‘Phosphogeddon’ collectively presents an unprecedented opportunity for the wastewater treatment and solids…
On October 18, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a Request for Information (RFI) to conduct market research. This research targets the “availability and potential technical ability of health-care related organizations” providing Medicare Transaction Facilitator (MTF) services under the Inflation Reduction Act’s Medicare Drug Price Negotiation Program, colloquially known as the…
Legal professionals operating in the construction industry and related sectors understand just how integral contracts are to any project. One particular area that often receives significant scrutiny is the notice and claim procedures specified within the terms of these contracts. These procedures play a crucial role in ensuring that projects run smoothly, yet they can…
The 2023 Annual Rocky Mountain Fund Advisers Summit co-hosted by Faegre Drinker, PINE Advisor Solutions and RSM (US) LLP featured key insights from industry specialists on recent regulatory developments and enforcement actions impacting fund advisers. The discussions also addressed emerging trends in private funds and closed end interval investment funds. This report offers a detailed…
The U.S. Department of Justice’s bankruptcy monitoring body has initiated an investigation into the fee claims of renowned Texas law firm, Jackson Walker LLP. This course of action follows an interjection by the court into the firm’s fee application as a consequence of the watchdog’s examination into the possible influence of a previously concealed connection…
California, often at the forefront of environmental regulation, has recently enacted new reporting requirements focused on climate and greenhouse gas emissions. Governor Gavin Newsom’s approval of SB 253, known as the “Climate Corporate Data Accountability Act,” and SB 261, the “Climate-Related Financial Risk Act,” will impact thousands of companies doing business in the Golden State….
Now more than ever, preventing and preparing for cybersecurity attacks is becoming a fundamental consideration for law firms. As the legal world becomes increasingly digital, the risks associated with security breaches are becoming a growing concern. Data from the American Bar Association’s 2022 Legal Technology Survey Report suggests that the frequency of cybersecurity incidents within…
In July 2023, the Securities and Exchange Commission (SEC) adopted new cybersecurity rules with the aim of augmenting and standardizing disclosures pertaining to cybersecurity risk management, strategy, governance and incidents by public firms. This information comes as an augmentation of measures first proposed in March 2022, in response to an array of factors that have…
The U.S. Court of Appeals for the Fifth Circuit recently provided new insights on the boundaries of drone law. The panel reversed a district court’s ruling from 2022 on the constitutionality of Texas Chapter 423 law, commonly referred to as the drone law. This law places several restrictions on drone actions. As reported by JDSupra,…
In a landmark ruling, a Judge for the US District Court for the Northern District of Georgia has ordered Georgia’s General Assembly to redraw the state’s congressional districts after finding the currently used maps in violation of the Voting Rights Act. A comprehensive 516-page opinion saw the consolidation of three pivotal cases: Alpha Phi Alpha…
California Governor Newsom recently enacted two new pieces of legislation demanding that larger businesses operating in the state publicly disclose their greenhouse gas emissions, climate-related financial risks, and risk mitigation practices, starting from the year 2026. Both privately and publicly held companies will be affected by these new guidelines. The laws in question are SB…
The landscape of merger and acquisition (M&A) scenarios across the United States is witnessing significant developments as of Q3 in 2023. The Federal Trade Commission (FTC) along with the US Department of Justice (DOJ) on July 19, 2023, announced the introduction of new proposed merger guidelines, marking a shift in their approach towards dealing with…
Legal guardianship is a challenging issue that’s recently caught the public eye, largely due to high-profile cases like those of Britney Spears and Michael Oher. The exact nature of a conservatorship or guardianship and when it’s appropriate is surrounded by numerous questions, with the two terms often used interchangeably despite state-specific distinctions. In New York…