In the latter half of November 2023, the landscape of telehealth law saw significant action with notable state legislative and regulatory developments. These alterations are of particular interest for healthcare providers, digital health businesses, pharmacists, and technology firms responsible for the delivery and facilitation of virtual care. Specific details of these developments are reported by…
In the event of a pedestrian accident, victims often strive to hold the at-fault party accountable and seek the financial compensation they are legally entitled to. Prevailing in these pursuit, however, necessitates the ability to establish liability, which may be more complicated than it initially seems. Let’s delve into a discussion about proving liability after…
A recent draft of the EU Agency for Cybersecurity’s (ENISA’s) European Union Cybersecurity Certification Scheme on Cloud Services (EUCS) reveals updates in what requirements are currently being considered for non-EU cloud service providers (CSPs). This information is derived from an unofficially released report, providing insights into the evolving regulatory landscape faced by global cloud computing…
In the rapidly evolving world of pension schemes and trustee duties, staying up-to-date with the key developments between trustee meetings is of paramount importance. As such, this monthly update details the current legal issues concerning trustees of Defined Benefit (DB) and hybrid pension schemes. This update is specifically designed to gauge the major shifts in…
In the ever-evolving landscape of mergers and acquisitions (M&A), the technology sector has experienced a significant dip in activity recently, with exit options for start-ups becoming increasingly limited. The M&A sector, as a whole, has shown a noticeable lull through the end of Q3 2023, a trend that was not spared in the tech industry….
In a critical move against cell phone scams, the Federal Communications Commission (FCC) took decisive action to tackle the fraudulent practices afflicting wireless phone users nationwide. On November 16, 2023, the FCC released a Report & Order and Further Notice of Proposed Rulemaking, outlining its adoption of measures aimed at addressing two frequently used techniques…
In a recent ruling that is gathering significant attention within the legal community, the Court of Appeals has significantly reduced a damages award in a breach of construction contract case. Aptly referred to as “No Double Dipping,” the details of the case provide essential insights for legal professionals working in both corporate and law firm…
The Corporate Transparency Act (CTA) is bringing forward increased reporting obligations in an attempt to curb money laundering and related illicit activities. Under the Act, many entities including, but not limited to, ones formed for investment purposes or for holding rental or vacation property are set to be heavily impacted. The new legal framework, enacted…
In recent times, the Federal Trade Commission (FTC) has amped up their regulatory powers in regards to artificial intelligence (AI). This new initiative stems from a burgeoning interest in AI and its legal, practical, and policy issues within the federal government. Major corporations and law firms are closely monitoring these developments, considering how they may…
In a recent unpublished decision, the Ninth Circuit Court of Appeals supported the Northern District of California Court’s dismissal of a complaint spearheaded by plaintiff’s attorney Montie S. Day. Known for challenging California auto insurers, Day argues that the policy exclusion that inhibits coverage for first-party diminution of value damages claims is unenforceable. In the…
The Missouri Department of Natural Resources (MDNR) and Prairie Valley Disposal, Inc., (Prairie Valley) have entered into an Administrative Order on Consent (AOC) on October 24th. The matter in question centers around an alleged infringement of the Missouri Air Conservation Law, according to case reference No. APCP-2023-026. This update is noteworthy for legal professionals in…
As highlighted in the Weekly Update for Government Contractors and Commercial Businesses for November 2023, the Small Business Administration (SBA) made noteworthy strides in small business lending in response to the initiatives of the Biden-Harris Administration at the close of Fiscal Year 2023 (FY23). On November 21, Small Business Administrator Isabel Casillas Guzman announced that…
The United Kingdom’s Treasury has recently published the Future of Payments Review report. The report is aimed at improving the current payments landscape in the U.K. for consumers, based on recommendations for the Treasury, regulators and the industry. It contains the findings from a call for evidence exercise that was held in July 2023. The…
In the era of constant surveillance and increasing regulator scrutiny, data privacy compliance has surfaced as an exigent concern for major corporations and law firms. As companies are stung by massive non-compliance penalties, they are now recognizing the value of driving data privacy compliance by leveraging workflow automation. A recent mediatization extended on how workflow…
In a development that warrants attention from corporate law professionals, especially those managing hospitality industry interests, Anaheim’s Hotel Worker Protection Ordinance is set to take effect January 1, 2024. This noteworthy announcement follows after a journey that was, at times, somewhat turbulent. Earlier proposals for the ordinance, which initially promised broader terms, were presented in…
The Internal Revenue Service (IRS) has recently declared augmented transfer tax exclusions for the calendar year 2024 under Revenue Procedure 2023-34. The considerable growth in the unified credit against estate, gift, and generation-skipping transfer (GST) tax were evaluated. Answers to the increased annual gift tax exclusion amount and gifts to non-citizen spouses must be orchestrated…
The financial regulatory landscape has experienced noteworthy changes, exemplary of which is the final rule issued by the Federal Reserve System’s Board of Governors, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency. On October 24, 2023, these bodies have amended regulations implementing the Community Reinvestment Act (“CRA”) – alterations…
It has now been a year since the Canadian Securities Administrators (CSA) unveiled the listed issuer financing exemption (LIFE) as part of Part 5A of National Instrument 45-106 Prospectus Exemptions. The main aim of the LIFE Exemption, as stated, was to ease the financial burden for issuers aiming to raise small amounts of capital through…
In the recent legal news, the U.S. Court of Appeals for the Fourth Circuit made a significant ruling concerning class action waivers and their role in class action litigations. The Fourth Circuit held that class action waiver issues must be decided before class certification. This decision, rendered in the case In re Marriott International, Inc.,…
Significant changes in the legal environment often prompt implications for the corporate governance landscape. One such key change has arisen due to Glass Lewis’s recent update on proxy voting guidelines regarding clawbacks. These developments necessitate an enlightened understanding for legal professionals in the corporate sector and law firms alike. The updated Glass Lewis proxy voting…
In a recent legal development involving franchising agreements, a Wisconsin federal district court has allowed a field representative’s claims that his representation agreement was an unregistered franchise to proceed beyond the pleading stage. The field representative is in the employ of an insurance company and his allegations have sparked a discourse on the legal dynamics…
Nov 8, 2023 marked a significant event as nearly thirty North American labor groups, including major players such as the International Brotherhood of Teamsters and the United Auto Workers, openly voiced their concerns about the autonomous vehicle industry. They did so by sending a letter to the Secretary of Transportation and the Acting Administrator of…
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…
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…
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…