In the realm of estate matters, the roles and responsibilities of fiduciaries are critical. A recent article delved deeper into this topic with a focus on trustees as key fiduciaries. This subsequent instalment followed a prior alert reviewing the role of an executor. Essentially, a trust is defined as an arrangement where a person or…
On July 13, 2023, the Centers for Medicare & Medicaid Services (CMS) unveiled a proposal intended to considerably broaden behavioral health coverage provided under Medicare. This announcement was made as a part of the calendar year 2024 Medicare Physician Fee Schedule (PFS). The proposed changes might lead to a significant amplification in the range of…
In a recently published article on JD Supra, the U.S. Federal Circuit is closely monitoring legal developments around patent law. Specifically, the question of whether pending, non-final litigation or Inter Partes Review (IPR) processes can negate intent to infringe if there’s already substantive evidence supporting such intentions. The focal point of this legal discussion is…
In an era of rising cross-border transactions and heightened threats to national security, the Office of Foreign Assets Control (OFAC) has become an essential element in the U.S government’s arsenal. With a focus on identifying, tracking, and blocking financial transactions associated with criminal enterprises, terrorist activities, and other threats, OFAC has consistently shown its growing…
In a crucial move to enhance its customer service experience, the IRS recently announced a paperless processing initiative, which is expected to be fully implemented by 2026. The program will implement systems that enable taxpayers to file various forms and correspondence online conveniently, usable with mobile-friendly devices. Furthermore, the IRS aims to digitally process all…
In a recent judgement that will be of interest to legal professionals, the Delaware Chancery Court upheld a waiver of fiduciary duty under a stockholders’ agreement where the plaintiffs were deemed sophisticated and not compelled to participate. The ruling further solidifies the case law on fiduciary duty waiver under Delaware corporate law and its implications…
In a recent move that has provoked discussion in the professional law community, the National Labor Relations Board (NLRB) has instigated a review of the standards typically addressed in employee handbooks. These reviews, which relate to profanity, inappropriate social media use, and other workplace issues, are causing increasing challenges for corporate employers. As per the…
As recently reported, on May 8, 2023, the New Jersey Department of Labor and Workforce Development (“NJDOL”) published an FAQs page with guidance to assist employers in compliance with the Temporary Workers’ Bill of Rights (“The Law”). Following this, NJDOL has now released the Law’s proposed regulations to further expound on its provisions. The proposed…
The United Nations Framework Convention on Climate Change (UNFCCC) has established a new approach to acknowledging and regulating voluntary climate change commitments by non-state entities. Referred to as the Recognition and Accountability Framework, its goal is to boost transparency and accountability surrounding these commitments. The UNFCCC announced the Framework at the Climate Change Conference in…
In what is expected to be a seminal moment for securities law, the Securities and Exchange Commission (SEC) is reportedly closing in on a settlement with a nationally recognized statistical rating organization (NRSRO). The essence of the case revolves around the NRSRO’s failure to preserve communications pertaining to credit-ratings that were transmitted via unapproved electronic…
In a noteworthy instance of patent law, the Patent Trial and Appeal Board (PTAB) has denied an institution petition from Mercedes Benz USA, disputing the filing date of a challenged patent held by Westport Fuel Systems Canada Inc. The case in question, Mercedes-Benz USA, LLC v. Westport Fuel Systems Canada Inc, Case IPR2023-00351, unfolded earlier…
In a recent turn of events, employers across the globe are finding themselves in a situation where they may need to revise their employment policies and handbooks. The changes are being driven by a recent decision made by an administrative agency, which is likely unfamiliar to most employers. Some context may illuminate the situation. The…
Recent actions by the US Environmental Protection Agency (EPA) signal a notable shift in the agency’s long-standing approach to the Toxic Substances Control Act (TSCA). Historically known for declining to regulate manufactured goods or finished products also known as “articles” under the TSCA, the EPA seems to be departing from this norm. The institution has…
As the world continues to march forwards in the era of Artificial Intelligence (AI), fresh guidance has been issued by federal workplace officials clarifying the responsibilities of employers in relation to workers and applicants with vision impairments. This update signifies yet another adjustment to current legal guidelines in light of rapidly evolving AI technology. The…
On July 28, 2023, regulatory developments culminated with the Federal Energy Regulatory Commission (FERC) releasing its long-anticipated final rule. In an attempt to address the growing bottleneck of interconnection requests across America, FERC confirmed the official introduction of reforms aimed at streamlined operations in the generator interconnection process. Orrick, Herrington & Sutcliffe LLP reports on…
Recently, a heightened level of focus has been designated to the legal niche of trade secrets, particularly regarding their bespoke ‘independent economic value’. This trait has long been a staple feature of what constitutes a ‘trade secret’. Simply put, for proprietary information to attain the status of a ‘trade secret’, it must articulate economic value…
The rise of generative AI in the workplace has given birth to a unique paradox. While its potential benefits are indisputable, businesses are left grappling with several critical questions – do they shy away or embrace it, and what role can it play to keep them competitive? This has elicited thought-provoking discourse, as witnessed in…
Join Nelson Mullins for the upcoming edition of FinTech University: Diversity in FinTech on September 5th from 2:00 pm to 3:00 pm EDT as per JD Supra. Awaiting participants is a timely examination of diversity, equity, and inclusion (DEI) within the quickly-evolving FinTech industry. Panelists for the webinar include experienced attorneys from Nelson Mullins; Erin…
August has been a busy month in the legal landscape of the cannabis industry. One of the major highlights was the bipartisan effort in the United States Congress to address the legality and regulation of commercial hemp market. On July 20, the ‘Hemp Access and Consumer Safety Act’ was reintroduced in Congress. This bill garnered…
Live Nation faces a securities class action following chaotic pre-sale events for the Taylor Swift Eras Tour. According to a complaint, the firm is alleged to have failed in maintaining a stable online ticket platform which could handle the surge in demand. This led to system crashes and sparked outcry from disappointed Swift fans who…
On August 2, 2023, the National Labor Relations Board (NLRB) issued a landmark decision in the case of Stericycle Inc. that marks a new approach in how the Board will weigh workplace policies and rules. The primary fork in this shift revolves around whether these rules infringe upon employees’ rights of engagement in collective workplace…
Amid evolving digital privacy laws worldwide, the California Privacy Protection Agency (CPPA) and California Attorney General Rob Bonta have recently made bold moves on the frontier of data protection legislation. On August 4, 2023, they announced a petition against a decision that hampers the enforcement of the California Privacy Rights Act’s (CPRA) regulations. The petition,…
For legal professionals who are seeking to enhance their knowledge and network within their field, all eyes turn towards the upcoming Regional Compliance & Ethics Conference set for September 1st in São Paulo, Brazil. Organized by SCCE, short for the Society of Corporate Compliance and Ethics, the event promises valuable compliance education tailored specifically for…
On August 3, 2023, the US Department of Labor (DOL) introduced a significant final rule, “Pre-enforcement Notice and Conciliation Procedures”, designed to update the procedures employed by the Office of Federal Contract Compliance Programs (OFCCP). The new rule revolves around the issuance of pre-enforcement notices, and effectively rolls back the changes made to employment discrimination…
IVF mixups are an unfortunate reality not just in the United States, but worldwide. Such was the case when a New York couple gave birth to twins, who were not genetically related to the parents or to each other. A similar unfortunate incident was reported in India in June 2023 when a ruling found against…