GAO Bid Protest Annual Report: Crucial Insights for Government Contracting Legal Strategies

The U.S. Government Accountability Office (GAO) recently published its eagerly awaited Bid Protest Annual Report to Congress for Fiscal Year 2023. Ensuing annually as per the Competition in Contracting Act of 1984 (CICA), the report bestows invaluable insight into GAO’s bid protest function to the government contracting community. Despite its modest size, spanning a brief…

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IRS Announces 2024 Cost-of-Living Adjustments Affecting Employee Benefit Plans

The Internal Revenue Service (IRS) has recently disclosed the cost-of-living modifications to the appropriate dollar constraints for different employer-endorsed retirement and welfare arrangements for 2024. Notably though, certain health and welfare plan limits have not yet been announced. Readers can anticipate that this information will be added when those limits are unveiled. Additionally, most of…

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L’Oréal Faces Mass Tort Litigation Over Carcinogenic Hair Straighteners

High-profile lawsuits are being pursued against L’Oréal and similar hair product companies, fueled by allegations of the companies selling hazardous chemical hair straighteners. Recent research indicates that women who ‘frequently’ use these products – defined as four or more times annually – face a 2.5-fold increase in the risk of developing uterine cancer. In response…

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SEC Eases Rule 15c2-11 Requirements for Rule 144A Fixed-Income Securities Offerings

On October 30, 2023, the US Securities Exchange Commission (the “SEC”) issued an order granting broker-dealers exemptive relief from Rule 15c2-11 (the “Rule 15c2-11”) under the US Securities Exchange Act of 1934 (the “Exchange Act”) for fixed-income securities sold in compliance with Rule 144A under the US Securities Act of 1933 (the “Rule 144A”). As…

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Navigating Southeast Asia’s Renewable Energy Paradox: Lucrative Potential Amid Limited Scalable Projects

Southeast Asia has captured the attention of global energy lawyers in recent times, allured by the potential for investments in renewable energy projects. Notable presence is observed from players and investors originating from the Middle East, North America and Europe showing their increasing interest in this region. However, lawyers have raised concerns about the scarcity…

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Corporate Transparency Act: Reshaping Entity Formation and Ownership Disclosure in the US

Forming a corporation, an LLC, or other entities in the United States has traditionally been a largely anonymous process, requiring only limited disclosures about managers, officers, and directors, without requiring the naming of actual owners. However, this is all about to change with the introduction of the Corporate Transparency Act (CTA) and related rules. The…

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Samsung Accuses BOE Technology of Trade Secret Misappropriation in OLED Display Case

An escalating legal dispute has emerged between a Samsung Electronics subsidiary and Chinese company BOE Technology Group over alleged misappropriation of trade secrets. According to the Samsung subsidiary, the Chinese corporation has illicitly used its trade secrets pertaining to OLED display modules and components to sell products on the American market. This allegation has been…

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New York Introduces Affirmations in Civil Actions to Streamline Legal Proceedings

In a bold move, the state of New York has announced the option to substitute affidavits with affirmations in civil actions. This decision follows voiced concerns by the legal community over the requirement for notarizing documents, which many deemed burdensome. Alternatively, litigants and court practitioners can now provide an affirmation under penalty of perjury. Read…

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Mississippi Commission on Environmental Quality Targets Stormwater Permit Violations in Subdivision Development

In a recent development, the Mississippi Commission on Environmental Quality and D.R. Horton, Inc., a notable subdivision developer operating in George County, Mississippi, signed an Agreed Order (AO) on September 20th. This order addresses an alleged violation of regulations concerning stormwater permitting, as stipulated by the Mississippi Code. The specifics of the AO, which is…

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OFAC Imposes Sanctions on Hamas-Linked Entities, Highlights Due Diligence in Halting Terror Financing

In the aftermath of the October 7th attack on Israel by Hamas, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) took several initial sanctions steps. This move was aimed to counter terrorist financing, as well as shed light on financing networks, ongoing proliferation and terrorist support, particularly on Iran’s part. The regime also…

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Sackett v. EPA: Analyzing Implications for Wetlands and Streams under Clean Water Act

Legal observers and environmental professionals are increasingly focusing their attention on the implications of the case, Sackett v. U.S. Environmental Protection Agency (EPA), especially in regards to Clean Water Act protections for wetlands and streams. On October 18th, the case was the subject of a hearing, spearheaded by the US Senate Committee on Environment &…

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SEC Lawsuit Against SolarWinds: Implications for Corporate Cybersecurity and Legal Responsibilities

The Securities and Exchange Commission’s (SEC) decision to launch a lawsuit against SolarWinds and its Security Chief, Tim Brown, following the massive 2019-2020 data breach, has left a significant impact on corporate attorneys, signaling various lessons to be learned. This incident emphasizes the crucial role of Chief Information Security Officers (CISOs) in assessing their security…

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Avoiding Medicare Overspending: Public Citizen Urges CMS to Address Inflated Drug Costs

Consumer advocacy nonprofit, Public Citizen, has issued a new study imploring the Center for Medicare and Medicaid Services (CMS) to consider the abuses that caused inflated drug costs for consumers and the government, as the organization begins price negotiations. According to Public Citizen, these abuses resulted in $1 billion in Medicare overspending on just one…

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Eastman Disbarment Trial: California Judge Makes Preliminary Culpability Finding

In an unfolding legal narrative, a California judge presiding over John Eastman’s disbarment trial recently made a preliminary finding of culpability. The pronouncement was delivered shortly after Eastman’s defense concluded its case. This initial finding permits the introduction of witnesses who will likely enlighten the court about certain adverse effects endured by public office holders…

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Central Bank of Ireland Unveils ELTIF Consultation Paper, Propelling Long-Term Economic Investment

On 1 November 2023, in a notable development, the Central Bank of Ireland published Consultation Paper 155 on the much-anticipated new European Long-Term Investment Funds (“ELTIF”) chapter in the Central Bank’s AIF Rulebook (dubbed as the “Consultation Paper”). This Consultation Paper marks an important step in the efforts to boost long-term investment in the European…

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EPA Considers Additional PFAS Examinations and Remediation for Previously Cleaned Sites

In a significant development, the U.S. Environmental Protection Agency (EPA) could mandate additional examinations and clean-ups related to Per- and polyfluoroalkyl substances (PFAS) at properties that were already considered remediated. This information comes from a conversation between Sarah Mattalian, an Inside EPA reporter, and an EPA official, highlighting the agency’s deepening commitment to managing the…

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Proposed Cybersecurity Revisions to Federal Acquisition Regulation Projected to Affect Government Contractors

Earlier this month, the Department of Defense, General Services Administration, and the National Aeronautics and Space Administration introduced two draft changes to the Federal Acquisition Regulation (FAR). These proposals, aimed primarily at enhancing the cybersecurity of government information systems, arose in response to Executive Order 14028 on Improving the Nation’s Cybersecurity, issued by the White…

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