December 2023 – Page 92 – Legal News Feed

JDSupra

NJDEP Advocates for Sustainable Remediation Techniques in Contaminated Site Cleanup

Pieter Gunst3 years ago03 mins

The New Jersey Department of Environmental Protection (NJDEP) has issued a significant directive promoting the use of sustainable techniques during remediation processes. In an unexpected turn of events in September, NJDEP’s Contaminated Site Remediation and Redevelopment program (CSRR) released new guidelines titled the Administrative Guidance for Green, Sustainable, and Resilient Remediation. This initiative encourages the…

JDSupra

Democratic AGs Urge Supreme Court to Reevaluate FAA Exemption, Affecting Truck Drivers and Logistics Sector

Pieter Gunst3 years ago03 mins

A drawn-out battle is ongoing as 16 Democratic Attorney Generals (AGs) have made an unprecedented move by filing an amicus brief before the U.S. Supreme Court. The case in question is Bissonnette v. LePage Bakeries, here, the AGs are urging the Supreme Court to reverse a lower court’s ruling that has deemed truck drivers for…

JDSupra

CISA’s Revised Secure Software Development Self-Attestation: Impact on Government Vendors and Legal Professionals

Pieter Gunst3 years ago03 mins

Law professionals need to keep their attention on a notable development emerging from the Cybersecurity and Infrastructure Security Agency (CISA). A revised draft of its Secure Software Development Self-Attestation form has recently been released. As reported on JD Supra, this updated form will, once finalized, trigger an obligation for vendors that provide software to the…

JDSupra

Ohio Legalization of Recreational Marijuana: Potential Impact on BWC’s Drug-Free Safety Program

Pieter Gunst3 years ago03 mins

Ohio’s recent legalization of recreational marijuana has solicited questions regarding its potential impact on the Bureau of Workers’ Compensation’s (BWC) Drug-Free Safety Program (DFSP). The Frantz Ward’s Labor & Employment Group has previously written on the topic, specifically addressing the BWC’s stance on marijuana in the DFSP after the 2016 legalization of medical marijuana. Historically,…

JDSupra

FCC’s Proposed “One-to-One Consent” Rule Poses New Challenges for Lead Generation Industry

Pieter Gunst3 years ago02 mins

As legal professionals, be aware of the important alterations the Federal Communications Commission (FCC) is pondering towards current consent policies. The FCC announced on November 22nd that new rules, potentially requiring what it refers to as “one-to-one consent,” are set to be discussed on December 13. This change could bring a significant disruption to the…

JDSupra

Understanding the Corporate Transparency Act: Implications for Exempt and Excluded Entities

Pieter Gunst3 years ago03 mins

As the world of corporate law evolves to meet changing international regulatory demands, legal professionals must stay abreast of the latest legislation, one of which includes the Corporate Transparency Act (CTA). Coming into effect on January 1, 2024, this Act will significantly affect entities which are exempt or excluded from reporting company status. With its…

JDSupra

CFPB Approves Pilot Program for Construction Loan Disclosures: A Shift in Regulatory Landscape

Pieter Gunst3 years ago03 mins

In a step signalling change, the Consumer Financial Protection Bureau (CFPB) gave green light to a pilot program addressing construction loans. This approval followed an application submitted by a community banking trade organization indicating a significant shift in the existing regulatory landscape. The application, prepared under the CFPB’s trial policy programs that fall under Section…

JDSupra

China’s TC260 Drafts Cybersecurity Guidelines for Cross-Boundary Personal Data Protection in Greater Bay Area

Pieter Gunst3 years ago02 mins

On November 1, 2023, the National Information Security Standardization Technical Committee (全国信息安全标准化技术委员会) or “TC260,” introduced a public consultation on the draft Practice Guidelines for Cybersecurity Standards. This policy-making body from the Cyberspace Administration of China (“CAC”) is focusing on requirements for Cross-Boundary Personal Information Protection within the Guangdong-Hong Kong-Macau Greater Bay Area (“GBA”) for this…

JDSupra

US Transportation Sector Adopts National Framework for Tracking Greenhouse Gas Emissions

Pieter Gunst3 years ago02 mins

In a move that is significant for environmental conservation efforts in the U.S., the United States Department of Transportation/Federal Highway Administration (DOT) has promulgated a final rule focusing on the tracking of transportation-related greenhouse gas emissions (GHG). The rule is described as providing several key government organizations a national framework to follow up with GHG…

JDSupra

Court of Appeal Ruling Strengthens Alternative Dispute Resolution Role in Corporate Litigation

Pieter Gunst3 years ago02 mins

In a decision that is sending ripples through the legal community, the Court of Appeal ruled that courts have the authority to order parties to engage in non-court-based dispute resolution processes. This was evident in the recent case of James Churchill v. Merthyr Tydfil County Borough Council. This decision implies that courts can hold proceedings…

JDSupra

FDA Issues Final Rule for Improved Clarity in Direct-to-Consumer Prescription Drug Ads

Pieter Gunst3 years ago02 mins

In a significant regulatory development, the Food and Drug Administration’s (FDA) Office of Prescription Drug Promotion has issued a Final Rule related to direct-to-consumer (DTC) advertisements for human prescription drugs in television or radio format. Let’s delve into what this entails. Arnall Golden Gregory LLP provided insights on this development. This Final Rule follows half…

Bloomberg Law

David Kim Joins Baker McKenzie & KL Partners Joint Venture as Partner in Korea

Pieter Gunst3 years ago02 mins

David Kim, an experienced lawyer known for representing multinational corporations, government entities, and defense contractors, has recently been welcomed as a partner into the Baker McKenzie & KL Partners Joint Venture Law Firm, as was announced by the firm last Friday. The new position will see Kim operating in Korea. More details can be found…

JDSupra

Navigating the Complex Landscape of Legal Language Models: Evaluation Strategies for Success

Pieter Gunst3 years ago04 mins

Legal Language Models (LLMs) have become an indispensable tool for companies involved in the legal sector in recent years. The first wave of these AI-powered solutions emerged in 2022, with the likes of CoCounsel becoming early adopters of OpenAI’s GPT-4, the largest and most powerful generative AI model of the time. However, the AI landscape…

JDSupra

Beneficial Ownership Filing Deadlines Extended for Companies Formed in 2024

Pieter Gunst3 years ago02 mins

In an amendment to the Corporate Transparency Act (CTA) regulations, the Financial Crimes Enforcement Network (FinCEN) has announced extensions to the beneficial ownership filing deadlines specific to companies formed or created in the year 2024. This amendment is a decision by FinCEN, a part of the U.S. Treasury Department tasked with safeguarding financial systems from…

JDSupra

SEC Unveils New Proxy Guidance: Clarifying Universal Proxy Card Treatment and 10-Day Waiting Period Calculations

Pieter Gunst3 years ago03 mins

On November 17, 2023, the Division of Corporation Finance of the Securities and Exchange Commission (“SEC”) unveiled a series of new and revised proxy-related compliance and disclosure interpretations (“CDIs”). This legal maneuver, as detailed in an update provided by Venable LLP, offers critical guidance on the treatment of overvoted and undervoted universal proxy cards and…

JDSupra

Proposed Restructure of Fiduciary Rule: DOL Shifts from Five to Three-Part Test

Pieter Gunst3 years ago03 mins

The U.S. Department of Labor (DOL) recently proposed a significant restructure of the country’s fiduciary rule. According to details released by JD Supra, the proposed rule could have implications for advisers currently subject to the traditional five-part test to determine if they are acting in a fiduciary capacity. The details of the proposal suggest that…

JDSupra

Medicare Advantage and Part D: Anticipating Major Regulatory Changes in 2025

Pieter Gunst3 years ago03 mins

In early November, the Centers for Medicare and Medicaid Services (CMS) unveiled the contract year 2025 proposed rulemaking for Medicare Advantage (MA) and Part D sponsors. A wide array of potential substantive and technical amendments are under consideration, which are likely to bring about significant shifts in the legal landscape for stakeholders in the healthcare…

JDSupra

Illinois Supreme Court Clarifies Biometric Data Collection Exemption Under BIPA and HIPAA

Pieter Gunst3 years ago02 mins

In a notable decision issued on November 30, 2023, the Illinois Supreme Court addressed a certified question over the protection of biometric information collected from health care workers under the Illinois Biometric Information Privacy Act (BIPA). The case, Mosby v. The Ingalls Memorial Hospital, revolved around whether biometric data used for health care treatment, payment,…

JDSupra

OCC Announces New Enforcement Actions Targeting National Banks and Federal Savings Associations

Pieter Gunst3 years ago03 mins

On November 16, the Office of the Comptroller of the Currency (OCC) disseminated a list of fresh enforcement actions directed at national banks, federal savings associations, and persons presently and previously affiliated with these institutions. This significant piece of information was announced by Orrick, Herrington & Sutcliffe LLP. Among these enforcement actions, a prominent feature…

JDSupra

California’s New Licensing Requirements for Digital Financial Asset Businesses

Pieter Gunst3 years ago02 mins

In the ever-evolving world of digital finance, lawmakers are fervently working to keep pace with new regulations. This is especially true in the state of California, which has recently passed significant laws regarding digital financial assets. An important change to note is that from July 1, 2025, any individual or entity that carries out any…

JDSupra

North Carolina Court of Appeals Limits Review Grounds for Noncompete Injunction Denial

Pieter Gunst3 years ago03 mins

In a significant development in North Carolina’s employment law landscape, recent changes have seen limitations placed on the grounds for reviewing issues related to the denial of noncompete injunctions. The local Court of Appeals has contributed significantly to how these issues are to be handled moving forward. For clarification, a noncompete injunction can be issued…

JDSupra

Supreme Court to Define “Adverse Employment Action” in Landmark Title VII Case

Pieter Gunst3 years ago03 mins

The United States Supreme Court has agreed to examine an intricately woven issue pertaining to labor law on the question: Is a lateral job transfer with no change in pay or benefits considered an adverse employment action under Title VII of the Civil Rights Act of 1964? In the coming months, the Court will weigh…

JDSupra

EuGBS: The Game-Changer for Green Bonds in the European Union

Pieter Gunst3 years ago03 mins

The European Union recently published its European Green Bonds Regulation (the “EuGB Regulation”) in the Official Journal. This introduces the “European Green Bond Standard” (the “EuGBS”), a designation that bond issuers can use on a voluntary basis. The introduction of the EuGBS signals a significant development in the European Union’s pursuit of a sustainable economy,…

JDSupra

Canadian Competition Act Overhaul: Exploring the Implications for Businesses and Law Firms

Pieter Gunst3 years ago03 mins

Changes are on the horizon for the Canadian Competition Act, highlighted by an expanded scope for private enforcement and a broader reach for merger reviews, among other amendments. Following a proposal by the Canadian Government on November 28, 2023, these far-reaching updates were hinted on the governmental Fall Economic Statement. From this proposal, several key…

JDSupra

Ardent Health Services Faces Ransomware Attack: Ensuring Cybersecurity in the Healthcare Sector

Pieter Gunst3 years ago03 mins

In recent cybercrime news, Ardent Health Services, a Nashville-based healthcare corporation, has announced a severe ransomware attack that significantly affected 30 of its hospitals, leading several emergency rooms to temporarily shut down across at least three states. This unfortunate news was declared on November 27, 2023; it adds yet another chapter to the alarming increases…