In light of recent legislative actions, it has become essential for corporations, law firms, and professionals dealing with employment-related matters to become conversant with the 2023 updates to Minnesota’s employment law. These changes have considerable implications for employers and span a variety of subjects. NJL’s (Nilan Johnson Lewis PA) Labor and Employment team has dedicated…
The Consumer Financial Protection Bureau (CFPB) recently published its 2023 biennial report as mandated by the Credit Card Accountability Responsibility and Disclosure Act (CARD Act). The report marks the sixth instance of the bureau’s biennial examination into the state of the consumer credit card market. This was reported by Davis Wright Tremaine LLP on JDSupra….
In an unprecedented move, the Southern District of Texas has issued a nationwide injunction that hampers the Consumer Financial Protection Bureau’s (CFPB) recent Final Rule regarding data collection from commercial lenders under the Equal Credit Opportunity Act (ECOA). The ruling was inked on October 26, 2023, and prevents the CFPB from implementing and enforcing its…
The Centers for Medicare & Medicaid Services (CMS) released the Final Rule for the 2024 Medicare Physician Fee Schedule (PFS) on November 2, 2023. According to this indication, payments under the PFS will be implemented effectively from January 1, 2024, with overall payment rates witnessing a reduction by 1.25% in the 2024 calendar year. This…
Climate change continues to have an immense impact on various industries, the agricultural sector being no exception. The Environmental Defense Fund (“EDF”) has recently released a report which addresses potential future pathways for climate-resilient crop production in Kansas. The report, titled “Kansas in 2050 – A Pathway for Climate-Resilient Crop Production”, holds significant relevance for…
The U.S. Court of Appeals for the Federal Circuit recently brought the doctrine of “analogous prior art” into the spotlight, a notable point of contention in patent law, highlighting its fundamental role in determining whether a patent can be ruled as obvious over previous art. The implications of this doctrine and its correct application can…
On October 27, a significant legal advancement occurred when the U.S. Court of Appeals for the Second Circuit denied a petition for a panel rehearing en banc regarding a False Claims Act (FCA) suit dismissed in 2020. Notably, the whistleblower lawsuit was initially filed in 2019, with the aim of highlighting alleged breaches of U.S.’s…
In the wake of the Supreme Court’s decision in SFFA v. Harvard/UNC, there has been a notable increase in legal scrutiny regarding corporate Diversity Equity & Inclusion (DEI) programs. Concerns about these initiatives, particularly in relation to potential discriminatory practices, were recently expressed in official letters sent to business leaders by Attorneys General from 13…
The past week has seen a period of relative quietness in terms of activity in the North Carolina General Assembly, which was adjourned last week and has no plans to reconvene until later this month. Notwithstanding the legislative standstill, there have still been noteworthy occurrences in the state’s judicial sector as well as elections. The…
In the litigation landscape, appeals can be a complex and challenging undertaking. A foremost concern that plagues appellants during the drafting of the initial brief is the identification and thorough explication of all claims and issues intended to be reviewed in appellate courts. This understanding resonates within the legal community, given the critical balance of…
A recent ruling by the U.S. District Court for the Eastern District of New York has dismissed a Fair Debt Collection Practices Act (FDCPA) suit, affirming that there is no regulation within the FDCPA that prevents debt collectors from reporting details of a debt to credit reporting agencies. As reported in JD Supra, the decision…
On October 30, 2023, the Biden Administration issued its Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI). This expression of policy reflects the administration’s recognition of both the extraordinary potential for AI and the inherent risks associated with its use and development. As AI continues to evolve and…
The U.S. Environmental Protection Agency (EPA) has unveiled a plan aimed at enhancing the recycling and management of waste from renewable energy generation and storage. The proposal, currently in the development stage, would see changes to the existing “universal waste” stipulations under the Resource Conservation and Recovery Act (RCRA) tailor-made for lithium batteries. Moreover, it…
In a significant development in the rapidly evolving cryptocurrency regulatory landscape, the District Court in the Northern District of California on June 30, 2023, has ordered the cryptocurrency exchange Kraken to release customer information. This order specifically pertains to clients who have made transactions equating to, or more than, $20,000 in any year during the…
In an attempt to safeguard consumers, Ohio State Attorney General, Dave Yost, has recently filed a lawsuit against certain debt collectors under accusations of violating both the Fair Debt Collection Practices Act (FDCPA) and the Ohio Consumer Sales Practices Act. As stated in the formal complaint, these debt collectors seem to have regularly modified the…
The fluctuating nature of daylight-saving time can bring unexpected challenges to corporations and law firms, especially regarding compliance with the Fair Labor Standards Act (FLSA) wage and hour laws. With the yearly transition into and out of daylight-saving time, employers need to be particularly mindful of those employees working overnight shifts. As stated in a…
A recent interim rule aimed at enhancing the security of the federal supply chain imposes new prohibitions on contractors. These prohibitions relate to the delivery or use of covered articles and sources subject to exclusion or removal orders, as per terms set under the Federal Acquisition Supply Chain Security Act (FASCSA). As reported, this new…
In a remarkable development, Neurovalens, a notable health tech industry player, has gained 510(k) clearance from the US Food and Drug Administration (FDA) for Modius Sleep, its groundbreaking product geared towards the treatment of insomnia and/or anxiety. The clearance, recorded on October 27, 2023, was backed by the results of a pivotal Phase III clinical…
On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act (NLRA). This marks the fifth change to the board’s joint employer standard since 2015, according to a report from McGuireWoods LLP. The new rule by the NLRB…
Navigate your way through the tempestuous conditions of enforcement in Foreign Corrupt Practices Act (FCPA). Despite having nearly half a century’s worth of experience, compliance officers are still grappling with the challenges presented by this legislation. Originally enacted in the wake of the infamous Watergate scandal in 1977, the FCPA was designed to create a…
On November 2, 2023, the Centers for Medicare & Medicaid Services (CMS) made a critical policy update with the release of the calendar year (CY) 2024 Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems Final Rule [CMS-1786-FC]. This development requires the careful attention of legal professionals working in medical facilities such as outpatient…
On October 27, the FTC took a decisive step in the direction of stricter cybersecurity regulation of financial nonbank institutions. With the ratification of an amendment to the Safeguards Rule, various financial entities, inclusive of mortgage brokers, auto vehicle dealers, and payday lenders, will now be legally bound to report data breaches. The amended rule…
Seismic shifts are brewing in the landscape of estate, gift, and generation-skipping transfer tax exemptions. These changes, initiated by The Tax Cuts and Jobs Act of 2017, brought a significant increase in these exemptions, a trend scheduled to continue through December 31, 2025, based on adjustments for inflation. As we approach this deadline, which rests…
Escalated efforts have been proposed to enhance anti-money laundering (AML) controls within Singapore. Aligning with the recommendations from the Financial Action Task Force (FATF) and feedback garnered through public consultation, these fresh measures are designed to further refine the country’s AML framework. As reported by Morgan Lewis, one of the foremost international law firms specializing…
White & Case, a leading global law firm, has recently welcomed Emily Brown as the new partner of its global mergers and acquisitions (M&A) practice and global private equity industry group based in London. This information was officially disclosed on the firm’s website earlier Monday. In addition to the broad and impressive repertoire Brown brings…