Psychiatry Associates of Kansas City (PAKC) has faced a cybersecurity breach, as disclosed in a notice they filed with the U.S. Department of Health and Human Services Office for Civil Rights on November 17, 2023. This incident exposes the ever-present risk of data breaches that organizations across sectors wrestle with and the potential for catastrophic…
The October 2023 edition of McDermott’s Healthcare Regulatory Check-Up brings to light significant regulatory activities in the healthcare space, posing crucial implications for legal professionals in the sector. The newsletter discusses some critical enforcement actions involving violations of the False Claims Act (FCA) and the Anti-Kickback Statute (AKS). False Claims Act is a federal law…
The Canadian government has recently disclosed a series of modifications to the Competition Act. This was unveiled on November 28, 2023, following a preliminary announcement in its Fall Economic Statement the week prior. This new wave of adjustments, in conjunction with several earlier amendments made in September 2023, is considered to be the most considerable…
In a recent legal development, the Southern District of New York (SDNY) appears to have embraced an expansive interpretation of the Common Interest Doctrine. This principle, which is widely recognized within the legal community, grants separately represented clients the ability to circumvent the potential waiver of privilege that occurs when sharing privileged communications on a…
On November 14, 2023, the Securities and Exchange Commission (the “SEC” or the “Commission”) announced its enforcement results for fiscal year (“FY”) 2023 at a press briefing, setting significant benchmarks in the enforcement of securities laws and regulations. A key point to note from the SEC’s FY 2023 enforcement highlights is the aggressive approach the…
In this month’s UK HR legal update, several notable developments have emerged which could significantly impact corporate legal practice. Firstly, the Supreme Court recently handed down a decision more firmly delineating employee rights related to trade union membership – a noteworthy advancement in employment law. Greater clarity surrounding employment status could allow corporations to more…
A Chicago-based auto parts firm recently refuted claims from mainstays in the automotive industry concerning the litigation of design patents in courts. This sets the stage for the full Federal Circuit to hear the company’s argument early next year that “designers do solve problems.” As the debate intensifies, the auto parts company positioned itself contrary…
In the realm of corporate compliance, legal professionals have long placed their focus on the US Department of Justice’s—DOJ—document “Evaluation of Corporate Compliance Programs”. However, according to Josh Drew, Member of Miller & Chevalier, there’s an additional, perhaps overlooked, resource worth considering: Attachment C. A document typically attached to Foreign Corrupt Practices Act (FCPA) resolutions,…
Last week, the Consumer Financial Protection Bureau (CFPB) issued its Semi-Annual Report to Congress. The report covers the period beginning October 1, 2022, and ending March 31, 2023. Following the publication of the report, CFPB Director Chopra is set to appear before House and Senate Committees this week. As reported by JD Supra, it is…
In a significant turn of events, the Hong Kong Court of Final Appeal has decided that the Securities and Futures Commission (SFC) possesses the right to serve overseas defendants directly, negating the need for court’s permission. The decision empowers SFC to pursue individuals implicated in securities fraud that affects the Hong Kong market, irrespective of…
In the current landscape of the global corporate sector, the emergence of Environmental, Social, and Governance (ESG) matters as a key focal point is indisputable. From boardrooms to courtrooms, the narrative on responsible business practices is evolving rapidly, guided by a multitude of new legal developments and regulatory frameworks. Katten Muchin Rosenman LLP, in its…
The Alberta Utilities Commission’s (AUC) government-directed inquiry into concerning issues with renewable power projects in Alberta is currently in progress. This inquiry, referred to in this piece as the Inquiry, is a key focal point for examining issues affecting renewable energy in the Canadian province. Despite Alberta’s current pause on new renewable energy projects, the…
The issue of eminent domain, particularly in relation to transmission lines, is becoming a pertinent discussion in the legal world. As governments focus on amplifying the electrical grid to accommodate wind and solar energy transport, cases of utility takings for transmission lines are predictably on the rise. However, these actions frequently come at a high…
On September 21, 2023, the Patent Trial and Appeal Board (PTAB) made a noteworthy decision to deny the United Services Automobile Association’s (USAA) petition to institute inter partes review of Auto Telematics’s U.S. Patent No. 9,633,487. This denial was made in consideration of the written description presented in the alternative embodiments. The inter partes review…
The False Claims Act (FCA) has recently garnered significant attention at the Supreme Court. Our final installment of the series, “The FCA at the Supreme Court,” delves into current active cases, offers commentary on newly issued decisions, and provides important takeaways designed to assist government contractors in safeguarding their business assets in the face of…
In an effort to clarify the application of the SECURE 1.0 and SECURE 2.0 Acts, the IRS released a Notice of Proposed Rulemaking on November 24, 2023. These proposals specifically address the application of rules pertaining to “long-term, part-time employees.” As these rules have been long-awaited and highly anticipated, their release marks significant progress in…
In an increasingly complex legal landscape, attention to the intricate details of legal obligations and requirements is key to long-term success, particularly in the field of education. One such obligation is the Title IX and Clery Act training requirements, which apply to Title IX team members and members of the campus community at large. Understanding…
In recent legal developments, two English cases have brought to attention the matter of statutory formalities for signing documents. These cases demonstrated both a strict and a more flexible approach by the courts when considering the validity of a legal document, essentially questioning whether the signing of the document complied with statutory formalities prescribed by…
In a quest to phase out its enforcement-discretion approach for laboratory-developed tests (LDTs), the US Food and Drug Administration (FDA) has made a significant step forward. On October 3, 2023, FDA published a proposed rule that aims to classify LDTs as devices under the Federal Food, Drug, and Cosmetic Act (FDCA). The rule also outlines…
On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule which could fundamentally alter the landscape of lead generation and digital marketing for consumer retailers and sellers. Though the proposed rule is not yet final, early signs suggest that the FCC is leaning towards voting to pass the rule at its upcoming…
On Thursday, the Israel police reported two gunmen opening fire at a bus stop in Jerusalem, killing three civilians and injuring 16 others. The assailants approached the bus stop in a vehicle and began firing at those waiting for the bus. Chief Superintendent and Head of Communication Mirit Ben Mayor provided additional details. Israeli Defense…
Under the Colorado Privacy Act (“CPA”), consumers now have explicit rights to opt out of the sale of personal information and the processing of such data for targeted advertising. This development is in line with measures taken by other states to protect consumer data privacy. The attorney general of Colorado has now submitted a shortlist…
The Delaware Bankruptcy Court recently approved a stipulated judgement concerning deceptive student loan practices, dealing with a case where a settlement in excess of $30 million was reached between Delaware Attorney General, Kathy Jennings, the Consumer Financial Protection Bureau (CFPB) and 11 other states against Prehired LLC and affiliated debt collection companies. The settlement pertains…
In an interesting turn of events, Registered investment advisor (RIA) Creative Planning announced the purchase of Mesirow’s corporate retirement advisory services team. The acquisition signifies a strategic move by Creative Planning to strengthen its presence in the corporate retirement advisory sector, one that should not be overlooked by legal professionals invested in this field. Details…
The National Labor Relations Board (NLRB) recently made an announcement that it will be delaying the effective date of its new “joint employer” final rule. The implementation of the rule is pushed back by two months because of several ongoing legal challenges. The final rule, which provides the standard for joint employer status under the…