In October, a significant policy adjustment at the U.S. Justice Department garnered attention in the legal world. Deputy attorney general Lisa Monaco announced a new leniency policy for corporations that uncover and report compliance violations during mergers and acquisitions. This policy has far-reaching implications for corporations and law firms alike. The practicality and value of…
In a precedential final written decision, the Patent Trial & Appeal Board positioned that a patent does not have to possess a claim that is supported by a provisional application’s disclosure in order to raise priority to that provisional for prior art purposes after the implementation of the America Invents Act (AIA). This crucial decision…
In an increasingly competitive environment, legal professionals undoubtedly seek to maximize the return on their investments, fighting to get the most out of every penny they spend. This investment can scale from core aspects of law practice to those that surround it: tools, marketing strategies, and content creation– to mention a few. Especially intriguing is…
On November 27, 2023, the California Privacy Protection Agency (CPPA) presented draft regulations focusing on automated decision-making technology (ADMT), including artificial intelligence (AI). The proposed regulations would boost consumer protections related to the profiling of consumers, which encompasses employees as well. The ADMT regulations would delineate specific measures to safeguard consumer data. Such protections are…
The Consumer Financial Protection Bureau (CFPB) has made significant efforts in advancing language access services for consumers with Limited English Proficiency (LEP) over the past years. This initiative has been driven by the agency’s ongoing engagement with various stakeholders, including community-based organizations and financial institutions, in order to enhance the utility and accessibility of consumer…
Environmental, Social, and Governance (ESG) considerations are no longer concerns solely for large, publicly held businesses compiling formal ESG disclosures or reporting. These factors are becoming increasingly significant within global supply chains, extending their influence and reach far beyond their traditional boundaries. This identification of the rising impact of ESG factors within supply chains is…
Private investment hurdles, long regarded as a key metric in measuring the performance of investments, have recently been the center of conversational orbit in the finance world. An intriguing development was reported by Goodwin: over half, around 50%, of private investment funds have reportedly set their hurdle rates at 8%. Even more compelling is the…
In class action suits, the lines between standing and typicality can often blur, leading to a split of authority on the issue. Employing the legal principle that one cannot sue for another’s injury, the issue of standing – the requirement that a plaintiff must demonstrate a personal stake in the outcome of the lawsuit –…
In the coming year, Compensation Committees may need to contend with a unique set of issues. According to a recent Viewpoint by Pay Governance hosted on JDSupra, recent geopolitical and economic unpredictability, coupled with new rules from the SEC, may substantially impact how these committees consider and discuss executive compensation. The consultants from Pay Governance…
The Nanotechnology Industries Association (NIA) is set to hold its forthcoming 2023 Symposium on December 5, 2023. Open to the public, the meeting is expected to draw stakeholders from across the nanotechnology industry. As highlighted by Bergeson & Campbell, P.C., the NIA has yet to release a comprehensive agenda for the Symposium. However, considering the…
In a defining lawsuit, Restanca, LLC v. House of Lithium, Ltd., C.A. No. 2022-0690-PAF, the Court of Chancery decided not to order specific performance for any of the parties involved. This pertinent verdict comes from the setting where the buyer resisted to finalize the acquisition of an electric scooter company, and consequently, the seller sought…
The Blockchain+ team from Polsinelli is hosting Blockchain Bi-Weekly, a rundown of key stories in the highly interconnected realms of Web3, blockchain, and crypto ecosystems, as reported by their legal team with specific expertise in coding, smart contracts, and US law. This legal briefing, which is released bi-weekly, represents the third blockchain-focused initiative from Polsinelli…
In episode 10 of the RegFi podcast, Raj Date, the pioneer behind the Consumer Financial Protection Bureau (CFPB) 12 years ago, predicts a significant acceleration of change in the financial services industry in the coming years. The concerning part is whether regulators can maintain their pace, safeguarding financial stability whilst not curbing innovation. The question…
In recent developments, the UK government has introduced the Arbitration Bill into the UK Parliament on 21st November 2023, which has also successfully undergone its first reading. This noteworthy event comes with the integration of all the Law Commission’s recommendations for reform of the English Arbitration Act 1996. As informed by Cooley LLP on JD…
As we continue to gain insightful information from around the nation, a recent trip to New Hampshire provided some valuable insights into the state’s approach to legal matters and its primary focuses in the field. The Granite State’s legal professionals, notably Attorney General John Formella and Senior Assistant Attorney General Brandon Garod, offer compelling insight…
A recent publication in the Wall Street Journal discusses a potential receipt of billions of dollars in funding by Intel from the US government with a view to building ‘secure facilities’ for the production of microchips. Specifically, these microchips are intended for usage by the U.S. military and intelligence applications. This development is hinged on…
The Department of Labor (DOL), Internal Revenue Service (IRS), and the Pension Benefit Guaranty Corporation (PBGC), lovingly labeled as “Agencies,” have recently made public the 2023 Form 5500s, featuring significant reporting revisions for the upcoming year. As the agencies continue to streamline and modify the reporting process for organizations, these changes demand attention from both…
In a significant judgment, as reported by Hogan Lovells, the constitution court in Luxembourg has ruled the Minimum Net Wealth Tax (minNWT) regime to be partially unconstitutional. This decision will undoubtedly have far-reaching implications for corporations and individuals alike. The minNWT, a nationwide tax measure, had been under scrutiny for several reasons, not least its…
In the context of the U.S. Supreme Court’s precedent-setting verdict in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which curtailed the extent of race-based affirmative action programs in college admissions, a consequential federal lawsuit has now been leveled in the Eastern District of Kentucky. This…
In a recent development that has set the legal landscape abuzz, the Office of the Maryland Attorney General announced its active investigation into minimum resale price maintenance (RPM) violations under Maryland’s state antitrust laws. The focus of the investigations are resale price maintenance agreements, and what makes these inquiries stand out on a national scale…
The process of establishing private investment funds is both a complex and crucial field of corporate law. This subject is the focus of a serialised report in JD Supra, penned by the legal experts at Blake, Cassels & Graydon LLP. In the article, the authors dissect the legal challenges, risks, and considerations related to the…
On November 9, 2023, the UK Office of Communications (Ofcom) issued its initial set of draft guidance regarding the long-awaited Online Safety Act (OSA), which is designed to safeguard online users from illegal and harmful content. Importantly, although the OSA was officially enacted in the UK on October 26, 2023, Ofcom, as the national communications…
In recent years, there has been an uptick in discussions surrounding the legality and ethics of referral incentive programs across industries, and specifically in fields such as dentistry. While these programs might appear to be a great way to attract a new customer base, their implications are not so straightforward all the time. Take, for…
On November 6, 2023, the Bureau of Industry and Security (BIS) from the Department of Commerce and FinCEN issued a Joint Notice on Export Control Evasion, introducing a new key term, “FIN-2023-GLOBALEXPORT,” to the Suspicious Activity Report (SAR). This term is to be used by financial institutions when reporting on possible efforts by individuals or…
Amidst commercial turbulence, the issue of fiduciary litigation emerges at the heart of the bankruptcy saga of Bed Bath & Beyond, a well-known home goods retailer. The case revolves around the company’s 401(k) committee, charged with ensuring sensible management of their 401(k) plan, and the implications of its responsibility following the company filing for bankruptcy…