The Securities and Exchange Commission (SEC) lodged a complaint on 31st July with the U.S. District Court for the Eastern District of New York against three cryptocurrency trading platforms, along with their founder. These entities are alleged to have partaken in unregistered offerings of crypto asset securities. The significant concern relates to the generated funding;…
The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have issued draft guidelines concerning the application of U.S. antitrust laws to merger investigations. This represents a significant shift in policy direction, calling into question decades of legal precedent on merger enforcement. Significantly, the draft guidelines propose an abandonment of competitive effects analyses, which…
In an unforeseen decision, the Alberta Minister of Affordability and Utilities issued an unexpected announcement on August 3, 2023. The Alberta Utilities Commission (AUC or Commission) received directions to halt approvals related to new renewable electricity generation projects until the end of February 2024, at the least. This directive aims to facilitate a comprehensive review…
On August 1, the Federal Reserve released its anticipated 2023 Cybersecurity and Financial System Resilience Report as required annually by the Consolidated Appropriations Act, 2021. The report is part of the Fed’s continuing efforts to share information on its ongoing commitment to strengthen cybersecurity within the financial services sector. This is in addition to its…
In the complex landscape of corporate legal practice, understanding the nuances of civil procedure statutes often proves crucial. As per an article on JDSupra, the California Code of Civil Procedure provides general rules for the service of summons, outlined in Cal. Code Civ. Proc. §§ 415.10 – 415.95. Additionally, added layers of provisions come from…
On July 10, 2023, a notable decision took place in the United States District Court for the District of Minnesota. Chief Judge Patrick J. Schiltz granted a motion to dismiss a putative securities fraud class action lodged against a mattress and bedding company and two of its executive officers. The decision has been stirring interest…
In a recent case, United Therapeutics Corporation v. Liquidia Technologies, Inc., there was a discussion by the Federal Circuit on July 24 concerning the necessity for safety and efficacy within pharmaceutical method claims to be sufficiently enabled and backed by written description. This case was sparked when Liquidia Technologies filed a new Drug Application for…
On August 4, 2023, the California Occupational Safety and Health Standards Board (OSHSB) announced plans to amend Title 8 of the California Code of Regulations. The amendment will introduce section 3396, which concerns the prevention of heat illness in indoor places of employment. This move by OSHSB is one of a number of similar initiatives…
On June 29, 2023, a decision by the U.S. Supreme Court definitively altered the landscape of affirmative action in higher education admissions. With its landmark verdict in the cases of Students for Fair Admission v. UNC and Students for Fair Admissions v. Harvard, the Supreme Court set a precedent that will undoubtedly compel colleges and…
In a significant development in the American legal landscape, the Corporate Transparency Act (CTA) and FinCEN Final Rule are set to introduce comprehensive changes to current corporate disclosure norms. Due to take effect from 2024, these regulations will institute a pivotal shift in how ownership and control of legal entities are reported within the United…
Over the past year, the Federal Trade Commission (FTC)’s actions have indicated its increased role in health privacy enforcement. The FTC has strategically led enforcement actions, policy statements, and regulatory changes aimed at scrutinizing the misuse of consumer health data and related types of information by companies. This has positioned the FTC as one of…
In the most recent episode of “The Ethics Expert“, legal professionals receive valuable insights from some of the best minds in the field of compliance. Guests Ilse De Vocht, Director of Compliance, and Germaine Huka, Global Ethics and Compliance Business Partner (Director) from the leading biotech company Galapagos, share their experience and perspectives on pressing…
Proposition 65, a California law that requires businesses to provide clear and reasonable health hazard warnings about significant exposures to certain chemicals, has been a contentious issue for various quarters. Particularly in the first half of 2023, a surge in lawsuits related to violations of this law has been noted. The occurrence suggests a growing…
In a significant policy update, the Cayman Islands has issued a general license for the payment of legal fees. The Governor of the Cayman Islands introduced the license, known as GL/2023/0002, on the 14th of April, 2023. The main feature of this policy shift is its ability to allow Designated Persons to legally cover their…
In a recent decision offering insight into the interpretation of the Telephone Consumer Protection Act (TCPA), the U.S. District Court for the Southern District of Alabama dismissed a TCPA complaint against a sender of fax advertisements. The case in question, Boone’s Pharmacy, Inc. v. Ezrirx, LLC, dealt with the issue of whether a phone conversation…
China is making notable strides in artificial intelligence (AI) regulation, with the Cyberspace Administration of China (CAC) and six other Chinese government agencies jointly releasing a finalized version of the Interim Administrative Measures for Generative Artificial Intelligence Services on July 13, 2023. You can refer to the Chinese version here. The new measures are due…
The Americans with Disabilities Act (ADA)’s application in terms of visually impaired individuals in employment settings is the focus of a recent technical assistance document (TAD) issued by the Equal Employment Opportunity Commission (EEOC). Notably, this document elucidates how ADA should be applied when encountered with situations involving job applicants or employees with visual disabilities….
In a post-pandemic development, recent legislation—the House Bill 4545—prompted school districts to devise protective measures against learning loss for students, including those with disabilities, by incorporating accelerated instruction. The legislation initially led to a scramble among school districts to understand the potential implications fully and adapt accordingly. At the time, it was reasonably expected that…
A hot topic in international trade for August 2023 pertains to the requirements for bottling/packing Tequilas in the United States. This is an update considering the recent record of Mexico’s Tequila exports to the United States. The U.S being the leading consumer of Mexico’s Tequila, in 2022 the U.S. imported more than 338 million liters…
In a recent update, PilieroMazza, a renowned law firm serving government contractors, highlights the necessity of I-9 Physical Inspections, which are now required by August 30. This announcement came through their podcast series, “Clocking in with PilieroMazza: Labor and Employment News for Government Contractors.” This series aims to provide employers, specifically those operating within the…
Earlier this summer, the Federal Trade Commission (FTC) proposed a new rule aimed at tackling the escalating issue of fake reviews that deceive a large number of consumers. The proposal emerged as part of the FTC’s broadened efforts to protect consumers from misleading, false or unscrupulous online behaviors often deployed by companies to artificially boost…
In a recent turn of events, the Eleventh Circuit broke from its prior holding and published an en banc opinion that aligns it with other Circuits. The court ruled that a plaintiff who receives a single unwanted text message qualifies for Article III standing under the Telephone Consumer Protection Act (TCPA). The decision was covered…
The esteemed American Conference Institute (ACI) once again presents the 41st FDA Boot Camp in Boston on September 20th to 21st. This rigorous training course continues to serve as a crucial resource for legal professionals worldwide, offering practical insight into the fundamentals of FDA law and regulation. This year, the boot camp also includes an…
In a recent development, an exchange-traded fund founder (ETF) and his associated investment advice entities have agreed to a $4.4 million settlement with the Securities and Exchange Commission (SEC). The settlement follows charges that the respondents violated the Investment Advisers Act and the Investment Company Act by betraying their duties of care and loyalty to…
In a significant update from Russia, President Vladimir Putin has signed into law a legislation that brings about changes to the shareholding structures of economically vital Russian organizations. This new law is framed in such a way that parent companies from nations categorized as “unfriendly states” are to be excluded from the shareholding.According to a…