November 2023 – Page 239 – Legal News Feed

Bloomberg Law

Navigating Cross-Border Disputes: The Essential Role of Strategic Communications

Pieter Gunst3 years ago05 mins

In the age of globalization, businesses constantly confront a wide array of interconnected legal and reputational challenges. But when issues snowball across borders, they can present more complicated hurdles as news of developing situations like product recalls, security breaches, or even government investigations get rapidly magnified worldwide. Such cross-border disputes frequently involve simultaneous legal proceedings…

JDSupra

California Tightens Regulations on Net Zero Emissions and Carbon Offset Claims

Pieter Gunst3 years ago03 mins

In a decisive move towards environmentally conscious governance, California has recently put into effect a bill that seeks to regulate claims regarding net zero emissions and carbon offsets, as first reported by Fenwick & West LLP. This new regulatory framework, Assembly Bill 1305 (AB 1305), will have substantial implications for the voluntary carbon offset market…

JDSupra

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

Pieter Gunst3 years ago03 mins

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…

JDSupra

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

Pieter Gunst3 years ago03 mins

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…

JDSupra

L’Oréal Faces Mass Tort Litigation Over Carcinogenic Hair Straighteners

Pieter Gunst3 years ago03 mins

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…

Law360

Mariah Carey Faces $20 Million Copyright Infringement Suit Over Christmas Classic

Pieter Gunst3 years ago02 mins

Mariah Carey and Sony Music Entertainment find themselves again embroiled in a copyright infringement controversy over the perennial Christmas hit, “All I Want For Christmas Is You.” The plaintiff alleges that the much-loved track, originally released in 1994, infringes the copyright of a musician pivoting the legal cogwheels into a $20 million suit. The case…

JDSupra

Supreme Court to Decide if Public Officials’ Social Media Blocks Violate First Amendment Rights

Pieter Gunst3 years ago03 mins

The question of whether public officials are acting “under color of” state law when they block comments on their social media pages is currently under consideration by the U.S. Supreme Court. The matter emerged during the hearing of two cases, Lindke v. Freed and O’Connor-Ratcliff v. Garnier on October 31, 2023. These cases are bringing…

JDSupra

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

Pieter Gunst3 years ago03 mins

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…

The American Lawyer

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

Pieter Gunst3 years ago02 mins

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…

JDSupra

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

Pieter Gunst3 years ago02 mins

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…

Law360

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

Pieter Gunst3 years ago02 mins

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…

JDSupra

Fifth Circuit Upholds Nasdaq Diversity Rules for Boardrooms: A Step Towards Inclusivity in Corporate Governance

Pieter Gunst3 years ago02 mins

In a significant court decision, the Fifth Circuit has upheld Nasdaq’s rules on board diversity. As reported by JD Supra, the case titled Alliance for Fair Board Recruitment v. SEC saw a panel of three judges from the Fifth U.S. Circuit Court of Appeals affirm the diversity rules. The rules require each company listed on…

JDSupra

New York Introduces Affirmations in Civil Actions to Streamline Legal Proceedings

Pieter Gunst3 years ago03 mins

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…

JDSupra

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

Pieter Gunst3 years ago02 mins

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…

JDSupra

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

Pieter Gunst3 years ago03 mins

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…

JDSupra

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

Pieter Gunst3 years ago03 mins

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 &…

Law.com

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

Pieter Gunst3 years ago02 mins

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…

Law360

SEC Sets New Precedent with SolarWinds Cybersecurity Disclosure Suit

Pieter Gunst3 years ago03 mins

The U.S. Securities and Exchange Commission (SEC) has recently changed its approach to corporate data breaches, as illustrated by its case against SolarWinds Corp. The case itself has set a new precedent within the agency with the initiation of its first-ever civil claims against an executive in relation to a cybersecurity disclosure suit. This turn…

JDSupra

IRS Unveils Pivotal Cost-of-Living Adjustments for 2024 Benefit Plan Limitations

Pieter Gunst3 years ago03 mins

The IRS has unveiled the much-anticipated cost-of-living adjustments that will be in effect from January 1, 2024, which are pertinent to the dollar limitations placed on benefits and contributions of both retirement and health and welfare benefit plans. The update signals essential changes that those operating in the legal sector need to be cognizant of,…

Law360

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

Pieter Gunst3 years ago02 mins

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…

Law360

Eastman Disbarment Trial: California Judge Makes Preliminary Culpability Finding

Pieter Gunst3 years ago01 mins

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…

JDSupra

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

Pieter Gunst3 years ago03 mins

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…

JDSupra

EPA Considers Additional PFAS Examinations and Remediation for Previously Cleaned Sites

Pieter Gunst3 years ago03 mins

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…

JDSupra

Ohio Businesses Set to Flourish as Commercial Activity Tax Reforms Loom in 2024

Pieter Gunst3 years ago03 mins

Important changes to Ohio’s Commercial Activity Tax (CAT) are set to bring additional opportunities for business growth in the region. Under a bill recently signed by Governor DeWine, companies subject to the CAT will receive a significant tax break beginning in 2024. This measure could result in savings of over $15,000 in 2025 alone according…

JDSupra

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

Pieter Gunst3 years ago02 mins

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…