JDSupra

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

Pieter Gunst04 mins

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

Pieter Gunst03 mins

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

Pieter Gunst03 mins

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

Pieter Gunst03 mins

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

Pieter Gunst03 mins

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

Pieter Gunst03 mins

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

Pieter Gunst02 mins

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

Pieter Gunst03 mins

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

Pieter Gunst02 mins

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

Pieter Gunst03 mins

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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Healthcare Regulatory Check-Up: Navigating False Claims Act, Anti-Kickback Statute Enforcement, and OIG Opinions

Pieter Gunst03 mins

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…

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SDNY Expands Common Interest Doctrine Application: Implications for Corporate Legal Landscape

Pieter Gunst03 mins

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…

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SEC Enforcement Results Reveal Aggressive Approach and Record-Setting Penalties in 2023

Pieter Gunst02 mins

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…

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Navigating November’s Notable Shifts in UK HR Law

Pieter Gunst03 mins

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…

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Attachment C: A Valuable Resource for Strengthening Corporate Compliance Programs

Pieter Gunst02 mins

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,…

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Navigating ESG Legal Developments: Katten Muchin Rosenman LLP’s Comprehensive Guidepost

Pieter Gunst03 mins

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…

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Alberta’s Renewable Energy Inquiry: Module A Debate and Potential Global Implications

Pieter Gunst02 mins

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…

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