Headlines

Avoiding Ambiguity: The Importance of Scrutinizing Template Liability Provisions in Corporate Contracts

Pieter Gunst03 mins

Template documents often hold an allure for businesses under far-reaching pressure to sign contracts swiftly. This popular solution can notably increase convenience, but veils a vital requirement. When dealing with liability provisions, careful contemplation is vital for understanding the actual intentions of the parties involved and assessing potential amendments needed for such template provisions. The…

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Illinois Temp Labor Legislation: Industry Adapts to Updated Day and Temporary Labor Services Act

Pieter Gunst03 mins

On August 4, Illinois Governor J.B Pritzker signed a bill amending the Illinois Day and Temporary Labor Services Act. This alteration to the Act has direct implications for temporary labor agencies as well as Third-Party Clients utilizing those agencies. This legislation was followed by the Illinois Department of Labor (IDOL) issuing Emergency Rules on August…

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Navigating Implied Warranties and Design Delegation in Construction Law

Pieter Gunst03 mins

In the complex landscape of construction law, two foundational elements often stand out as cornerstones of firm—and sometimes contentious— debate: implied warranties and design delegation. Both factors play critical roles in creating a strong, dispute-resistant construction contract and thus, demand the keen attention of legal professionals. The importance of these aspects was highlighted in an…

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SEC Approves Long-Awaited FINRA Rule 4210 Amendments: Impact on Covered Agency Transactions

Pieter Gunst02 mins

In a move that has been seven years in the making, the U.S. Securities and Exchange Commission (“SEC”) has finally given approval to the Financial Industry Regulatory Authority (“FINRA”)’s amendments to Rule 4210. This approval, granted on July 27, 2023, marks the conclusion of a series of modifications to the requirements governing Covered Agency Transactions….

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Navigating the Biopharma Intellectual Property Maze: Key Insights from KTIPS Seminar

Pieter Gunst03 mins

The landscape of intellectual property law, particularly in the biopharma industry, continues to rapidly evolve with technological advancements and legislative reforms. Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco, where firm attorneys led interactive discussions on these developments. Among the key topics discussed at KTIPS were enablement, written…

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North Carolina General Assembly Update: Crucial Developments for Legal Professionals

Pieter Gunst03 mins

The discussions, policies, and reforms in the North Carolina General Assembly are perpetually shaping the face of various industries in the state. According to the most recent update from Jad Supra, there are new developments of interest for legal professionals working within corporate entities, law firms, statewide associations, government vendors, Fortune 500 companies, and others…

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Nevada Joins Growing Movement to Strengthen Consumer Health Data Privacy Laws

Pieter Gunst03 mins

In the midst of the COVID-19 pandemic, one could imagine the surprise among many, learning that HIPAA (Health Insurance Portability and Accountability Act), doesn’t give broad protection for all health-related data. This acknowledgment spurred conversations among lawmakers, leading to some states passing statutes designed to protect consumer health data. Nevada has recently joined other states,…

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Canada’s Draft Clean Electricity Regulation: Impact on Energy Sector and Legal Landscape

Pieter Gunst03 mins

On August 10, 2023, Canada published a draft regulation on clean electricity, an integral part of its strategy to achieve net zero greenhouse gas emissions across all sectors of the economy by 2050. As reported by Blake, Cassels & Graydon LLP, the Clean Electricity Regulation establishes stringent performance standards for emissions intensity for electricity produced…

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EEOC Achieves First Settlement in AI Hiring Bias Landmark Case

Pieter Gunst03 mins

In a landmark case that many legal professionals have been closely watching, the U.S. Equal Employment Opportunity Commission (EEOC) marked its first-ever settlement in a lawsuit concerning artificial intelligence (AI) bias in hiring. The case was brought against iTutorGroup Inc., which is now known as Fullmind, and specializes in providing English-language tutoring services to students…

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Ontario’s Employment Standards Act Mandates Licensing of Temporary Help Agencies for 2024

Pieter Gunst02 mins

In a significant regulatory move, the Employment Standards Act (ESA) will mandate the licensing of temporary help agencies starting from January 1, 2024. In order to legally operate, agencies will need to receive this license from the Ministry of Labour. The change signifies an intended increase in oversight and protection relating to temporary work contracts….

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Balancing Cybersecurity Compliance with Trade Secret Protection Amid New SEC Regulations

Pieter Gunst02 mins

With the U.S. Securities and Exchange Commission’s (SEC) recent adoption of rules mandating disclosure of significant cybersecurity incidents, corporate legal departments are navigating uncharted territories. These new rules have a dual-edged impact, raising cybersecurity vigilance on one hand, but potentially exposing firms to the risk of compromise on trade secrets on the other, according to…

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Court Ruling Overhauls SBA’s 8(a) Business Development Program, Impacting Government Contractors and Compliance Strategies

Pieter Gunst02 mins

In a significant move declared on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee ruled that the Small Business Administration’s (SBA) rebuttable presumption of social disadvantage had violated the equal protection rights of a government contractor. The court ruled against SBA’s use of the rebuttable presumption in administering the 8(a)…

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Assessing the Viability of Group Captive Insurance for Your Client’s Risk Management Strategy

Pieter Gunst03 mins

Increasingly, companies across a variety of sectors are turning to innovative insurance solutions to manage risks and enhance business security. Among these solutions, group captive insurance structures are garnering significant interest. However, the question remains – Is group captive insurance right for your client? Group captive insurance and other captive structures have several benefits that…

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Navigating the Evolving Landscape of Intellectual Property Law: Key Takeaways from KTIPS Seminar

Pieter Gunst03 mins

In a semi-annual intellectual property seminar – KTIPS – held by Kilpatrick Townsend in San Francisco, firm attorneys led two days of interactive discussions on the latest developments in the field. It was an opportunity for legal professionals to gain insight into the current state of intellectual property law, potential future changes, and corresponding challenges…

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Mandatory Cosmetic Facility Registration and Product Listings in FDA Draft Guidance

Pieter Gunst02 mins

On August 7, 2023, the U.S. Food and Drug Administration (FDA) offered the public a draft guidance titled “Registration and Listing of Cosmetic Product Facilities and Products: Guidance for Industry.” This draft guidance, if adopted, will mandate facilities that manufacture and process cosmetics to register their establishments and submit listings of cosmetic products to the…

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Sovereign Wealth Funds and Non-US Government Institutions Prepare for Corporate Transparency Act’s Beneficial Ownership Rule

Pieter Gunst03 mins

The later portions of 2023 will prove critical for sovereign wealth funds and similar non-US governmental institutions as they prepare for the final rule of the Financial Crimes Enforcement Network implementing the Corporate Transparency Act’s beneficial ownership requirements, set to become effective on January 1, 2024. The outcome of this implementation will determine whether these…

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Connecticut Expands Telemarketing Regulations with Senate Bill 1058

Pieter Gunst02 mins

Connecticut Senate Bill 1058 represents a noteworthy amendment to state telemarketing law, reflecting a broader nationwide trend. The bill, signed into law by Governor Ned Lamont on June 26, 2023, introduces significant alterations to Connecticut’s telemarketing regulations. The changes presented in S.B. 1058 will officially take effect from October 1, 2023. Though the specifics details…

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Court Ruling on Rusty Patched Bumble Bee Fuels Debate on Responsibility and Conservation

Pieter Gunst03 mins

In a recent decision that resonates with environmentalists and legal professionals alike, the United States District Court for the District of Columbia addressed a critical aspect of the Endangered Species Act (ESA). The judgment dealt with the U.S. Fish and Wildlife Services’ refusal to designate a critical habitat for the endangered Rusty Patched Bumble Bee….

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