Effective minute-taking at any corporation’s board meeting has always been crucial to maintaining a detailed recorded history and for legal compliance purposes. Over the years, legal professionals have debated exactly what these mintues should entail and what can be ommitted. About two decades ago, attorney Jonathan Levine, penned a comprehensive guideline christened “MINUTES…NOT HOURS!” –…
Last week, a significant update to federal labor law arrived as the National Labor Relations Board (NLRB) issued final rules to broaden the definition of joint employers. A complex aspect of labor compliance, joint employers are essentially companies that, although not the direct W-2 employer of the employee, are still considered an employer for the…
International actions to apprehend assets of sanctioned Russian oligarchs are an ongoing process, as they continue to encounter formidable challenges on their path. Among these assets, the superyachts TANGO and AMADEA have made the headlines, following their seizure in the spring of 2022. Despite the lapse of a year and a half since this time,…
In a noteworthy update in the banking and finance sector, the U.S Small Business Administration (SBA) has issued three new Small Business Lending Company (SBLC) licenses. The development is particularly significant for the legal community as it marks the first expansion of the SBLC program in over four decades. The licenses were issued to lenders…
Regulation of artificial intelligence (AI) in the U.S. took a significant leap forward on October 30, 2023, with the issuance of the Presidential Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. President Joe Biden’s executive order emphasizes the responsible use of AI by the federal government while endorsing appropriate…
Earlier this week, a novel development in the Securities and Exchange Commission’s (SEC) enforcement of cybersecurity happened as accusations were laid against both SolarWinds Corporation and its Chief Information Security Officer (CISO). The allegations, as reported by Morrison & Foerster on JD Supra, were of scientist-based securities fraud and several other violations. The crux of…
On October 30, 2023, the Securities and Exchange Commission (SEC) has taken action against software development company SolarWinds Corp., citing allegations of fraud and internal controls failures. This action is in relation to purportedly known cybersecurity risks and vulnerabilities which were observed from October 2018 until January 2021. The complaint filed by the SEC denotes…
In a follow-up to last week’s discussion about the actions taken by Texas, California, and Ohio in safeguarding children’s data online, we now turn our attention to the ongoing efforts in the legislative year 2023 from three additional states—Utah, Arkansas, and Connecticut. These steps indicate the growing concern states are demonstrating surrounding online child protection….
In a recent development, the Indiana Supreme Court declined to consider a landowner’s appeal in the case of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023). This ruling underscores the continued lack of compensation for nearby road closures related to eminent domain proceedings in the…
The US Centers for Medicare & Medicaid Services (CMS) has implemented a final rule, striving for enhanced supervision of hospice providers across the United States. Primed to be effective from November 13, 2023, it aims to amplify the regulatory scrutiny on underperforming hospices via the Hospice Special Focus Program (SFP). The ambit of this concluded…
In a significant legal development, the United States District Court for the Southern District of Texas has issued a nationwide preliminary injunction against the Consumer Financial Protection Bureau (CFPB). The Court’s ruling effectively halts the implementation or enforcement of the recently finalized Small Business Lending Rule. The Small Business Lending Rule was designed to implement…
The Federal Housing Administration (FHA) has put forth considerations for amending its Home Equity Conversion Mortgage Program (HECM). Introduced on November 1, the proposal is thought to target various servicing matters where current program stipulations have not aligned with the policy objections of the Department of Housing and Urban Development (HUD). Details of these updates…
In a joint statement released on 24 October 2023, the UK Prudential Regulation Authority (PRA) and UK Financial Conduct Authority (FCA) declared the abolition of the cap on bonuses that can be awarded to material risk takers at banks, building societies, and PRA-designated investment firms. This decision, as analyzed by Morgan Lewis, carries significant implications…
In October 2023, major updates were made to the regulation of per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” with the United States Environmental Protection Agency (EPA) finalising two distinct but related rulemakings. This evolving regulatory landscape warrants the attention of legal professionals, particularly those working with corporations involved in industries where these…
In a recent ruling related to the Fair Labor Standards Act (FLSA), a legal precedent may be emerging which could have significant ramifications for future similar disputes. The traditional understanding has been that plaintiffs in a FLSA case, especially an overtime suit, have an initial burden of proof to present evidence of their weekly worked…
The New York State Bar Association (NYSBA) is urging state lawmakers to modify New York law to prevent companies, like Madison Square Garden Entertainment Corp., from employing facial recognition technology to restrict people from sports venues. The association has voiced its support behind the legislature’s Biometric Privacy Act. This proposed act would necessitate private companies…
The U.S. Environmental Protection Agency (EPA) has made a decisive move, officially withdrawing its proposed cybersecurity regulations which necessitated states to report any cyber threats to their public water systems (PWS). The rules, introduced in March, were intended to bolster security in regards to water availability and purity, considering the escalating number of cyber-attacks we’ve…
In a significant advancement, Total Wine, a major liquor retailer, is now selling cannabis-infused beverages . Traditionally, these types of products have only been available through manufacturers and dispensaries licensed to produce and distribute cannabis goods. This step by a mainstream alcohol retailer signals a key shift in the way these products are accessed and…
The state of New York has integrated a Health Equity Impact Assessment (HEIA) into the Certificate of Need (CON) process for select health care facilities. As per the New York State Public Health Law § 2802-b, this change was enacted on June 22, 2023, and is a part of broader legislative alterations made to the…
The Minnesota Attorney General’s Office has recently lodged a complaint against a Montana tribal economic development entity. Candidly detailed in the document, it states that the entity’s lending subsidiaries have knowingly violated both state and federal usury laws. These breaches, it contends, were accomplished through the execution of deceptive trade practices and the use of…
The Patent Trial and Appeal Board (PTAB) has granted institution of an inter partes review (IPR), even though the Petitioner did not serve the Patent Owner with the petition for the proceeding until three business days after the deadline dictated by statute. The decision was reported in the case of Kahoot! ASA and Kahoot Edu,…
As companies increasingly look to expand their operations to the West Coast, many are coming up against a key legal question: what should they be aware of when drafting employment agreements for Californian hires? Specifically, executives and human resources directors need to pay close attention to California’s particular rules around arbitration clauses. One hypothetical scenario…
Noted litigation and arbitration attorney Brandi Howard has been announced as the latest addition to Brown Rudnick‘s roster. Operating out of the firm’s Washington, D.C. office, Howard will join as a partner, an announcement made by the firm on November 6, 2023. Howard’s legal expertise spans an array of areas including complex commercial litigation, appellate…
Husch Blackwell has recently welcomed Scott Oliver to its team. Mr. Oliver, a recognized name in the legal profession, is now a partner in the intellectual property practice group and a member of the law firm’s virtual link office, as per the official announcement on the firm’s website. With his arrival, Oliver brings a wealth…
Noted international litigator Jonathan Hawk has transitioned to McDermott Will & Emery, joining as a partner in their Los Angeles-based litigation practice group. This information came directly from the firm last Friday. Before joining McDermott Will & Emery, Hawk was a partner at White & Case, widely recognized for his representation of online platforms in…