Luxembourg Court Ruling Deems Minimum Net Wealth Tax Partially Unconstitutional: Implications for Businesses and Taxpayers

In a significant judgment, as reported by Hogan Lovells, the constitution court in Luxembourg has ruled the Minimum Net Wealth Tax (minNWT) regime to be partially unconstitutional. This decision will undoubtedly have far-reaching implications for corporations and individuals alike. The minNWT, a nationwide tax measure, had been under scrutiny for several reasons, not least its…

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DBE Program Lawsuit: The Future of Race and Gender-Based Policies in Business after SFFA

In the context of the U.S. Supreme Court’s precedent-setting verdict in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which curtailed the extent of race-based affirmative action programs in college admissions, a consequential federal lawsuit has now been leveled in the Eastern District of Kentucky. This…

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Maryland’s Crackdown on Resale Price Maintenance Violations: A Turning Point for Antitrust Laws?

In a recent development that has set the legal landscape abuzz, the Office of the Maryland Attorney General announced its active investigation into minimum resale price maintenance (RPM) violations under Maryland’s state antitrust laws. The focus of the investigations are resale price maintenance agreements, and what makes these inquiries stand out on a national scale…

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US Authorities Introduce FIN-2023-GLOBALEXPORT to Strengthen Export Control Evasion Detection

On November 6, 2023, the Bureau of Industry and Security (BIS) from the Department of Commerce and FinCEN issued a Joint Notice on Export Control Evasion, introducing a new key term, “FIN-2023-GLOBALEXPORT,” to the Suspicious Activity Report (SAR). This term is to be used by financial institutions when reporting on possible efforts by individuals or…

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Fiduciary Duty Under Scrutiny: Bed Bath & Beyond Bankruptcy Case Puts 401(k) Committees in the Spotlight

Amidst commercial turbulence, the issue of fiduciary litigation emerges at the heart of the bankruptcy saga of Bed Bath & Beyond, a well-known home goods retailer. The case revolves around the company’s 401(k) committee, charged with ensuring sensible management of their 401(k) plan, and the implications of its responsibility following the company filing for bankruptcy…

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Personal Liability Risk Escalates for Unionized Employers in Underfunded Pension Plans: Navigating Uncharted Corporate Legal Terrain

In a significant development that underlines the evolving landscape of corporate law, the risk of personal liability for withdrawal liability is now a reality even with a company’s limited liability status. Unionized employers participating in an underfunded multiemployer pension plan may face high-value financial exposure when withdrawing (either fully or partially) from the plan. This…

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AI Training, Copyright Infringement, and the Battle of Fair Use: Analyzing the Thomson Reuters v. Ross Intelligence Ruling

In one of the most recent legal developments, the Delaware District Court passed a ruling on cross-motions for summary judgment in the celebrated case of Thomson Reuters v. Ross Intelligence Inc. The subsequent guidance promises to be instrumental for similar AI training and copyright infringement cases. The underlying case involved allegations of breach of contract,…

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Facebook and Apple’s Multimillion-Dollar Settlements Illuminate Risks in Immigration Employment Compliance

In recent news, Facebook and Apple settled large sums, $14.25 million and $25 million respectively, with the U.S. Department of Justice’s Immigrant and Employee Rights Section (IER) signalling to employers about the latitudes of federal government fines. These fines may apply to companies even if they are compliant with the recruitment steps required by the…

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Top 10 Tips for Drafting Whistleblower Compliant Arrangements Amid Evolving Legal Terrain

Amid the evolving legal terrain, particularly following the establishment of certain financial incentives and confidentiality guarantees for whistleblowers reporting potential violations of securities laws under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, corporations and law firms must grapple with creating whistleblower compliant arrangements. Navigating this legal landscape can…

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California Drafts Regulations on Automated Decision-Making Technology: Preparing for a Technologically-Advanced Future

On November 27, 2023, the California Privacy Protection Agency (CPPA) unveiled draft regulations for Automated Decision-Making Technology (ADMT), marking a significant step forward in addressing emerging technology concerns. Notably, although the CPPA has yet to initiate the formal rulemaking process officially, the agency’s board is set to offer feedback on these proposed rules at the…

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FERC and NERC Collaborate on Inverter-Based Resource Regulations to Ensure Grid Reliability

In response to potential risks presented by the growing number of inverter-based resources (IBRs) connected to the electric grid, the Federal Energy Regulatory Commission (FERC) initiated a directives series in 2022. These measures are intended to safeguard the reliability of the bulk-power system. Morgan Lewis – Power & Pipes previously reported that FERC delivered three…

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Colorado Lender Settles Dispute Over Unauthorized Membership Fees under Consumer Credit Code

In a significant development on the legal front, a dispute between a nonbank lender and the Colorado Administrator of the Uniform Consumer Credit Code (Administrator) has culminated in an Assurance of Discontinuance. The agreement, announced on November 13, 2023, was arranged to settle allegations that the lender had charged consumers unauthorized membership fees under the…

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US Agencies Introduce FIN-2023-GLOBALEXPORT to Combat Export Control Evasion

In a joint notice, the Department of Commerce’s Bureau of Industry and Security (BIS) and Financial Crimes Enforcement Network (FinCEN) issued a significant update regarding export control evasion. This document, produced on the 6th of November 2023, introduced the new Suspicious Activity Report key term “FIN-2023-GLOBALEXPORT”. According to the notice, this term should be used…

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FCA Aims to Combat Greenwashing with New Sustainability Disclosure Guidelines and Anti-Greenwashing Rule

On 28 November 2023, the UK’s Financial Conduct Authority (FCA) publicized its recent Policy Statement on Sustainability Disclosure Requirements (SDR) and Investment Labels (PS23/16), as well as a Guidance Consultation on the Anti-Greenwashing Rule (GC23/3). This information, originating from Katten Muchin Rosenman LLP, focuses on the FCA’s continued emphasis and regulation in sustainable finance. The…

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Debt Relief and Climate Finance: Examining the COP 28 ‘Grand Bargain’ Proposal

In the run-up to the UN Climate Change Conference (COP 28), starting in the United Arab Emirates this week, world leaders are contemplating solutions to some of the planet’s most difficult climate-related financial issues. Among these proposed solutions is the idea of a ‘grand bargain’—a deal to provide debt-relief support while also boosting climate-related financing…

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