Headlines

Navigating “Do Not Sell” Lists and Antitrust Laws: Analyzing the Complex Legal Landscape for Ecommerce Businesses

Pieter Gunst04 mins

In the constantly evolving field of ecommerce, businesses are often confronted with numerous challenges in maintaining control over their distribution and ensuring brand integrity while addressing antitrust law compliance. This complex landscape raises two critical aspects: the creation of do not sell lists often alternately termed as restricted distribution lists or prohibited customer lists, and…

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SEC and CFTC Maintain Vigilance on Off-Channel Communications in Financial Firms

Pieter Gunst03 mins

Regulatory bodies in the United States, specifically the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), continue to demonstrate tenacious enforcement when it comes to off-channel communications used by employees of registered entities. Such behavior emphasizes how these bodies prioritize maintaining a strong market environment and ensuring law compliance by financial…

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Navigating Non-Disparagement Provisions: DC Circuit Court Decision’s Implications for Employers

Pieter Gunst03 mins

In the ever-evolving landscape of employment law, the D.C. Circuit Court of Appeals has recently made a noteworthy comment on non-disparagement provisions in the case of Wright v. Eugene & Agnes E. Meyer Foundation. This development is of significant importance to legal professionals managing employment contracts and disputes within major corporations and law firms. Typically,…

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Navigating the Roth Catch-Up Requirement in SECURE 2.0 Act: Implications for Employers and Defined Contribution Plans

Pieter Gunst04 mins

As legal professionals look ahead to 2024, they should give special consideration to one specific challenging rule introduced with the SECURE 2.0 Act. This rule is particularly applicable to a broad range of defined contributions plans, including popular 401(k) plans. This article will explore the intricacies of the Roth Catch-Up Requirement and unpack its potential…

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Reproductive Healthcare Privacy Bolstered in Proposed HIPAA Amendments

Pieter Gunst03 mins

The Office for Civil Rights (OCR) under the U.S. Department of Health and Human Services (HHS) recently proposed amendments to the HIPAA guidelines, specifically the Standards for Privacy for Individually Identifiable Health Information (the “Privacy Rule”), as indicated by an April 17, 2023 release. This proposal pertains to the Health Insurance Portability and Accountability Act…

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Dual-Threat Dilemma: Medical Device Companies Navigate Patent and FDA Approval Processes

Pieter Gunst03 mins

Repercussions of the patent application disclosure process for medical device companies intending to profit from their inventions has long been under-discussed. Industries across the board have the shared experience of navigating two agency approvals, one from the U.S. Food and Drug Administration (FDA), and another from the U.S. Patent and Trade Office. Recently, a fascinating…

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Cryptocurrency Staking and Taxation: Unraveling the Implications of IRS Revenue Ruling 2023-14

Pieter Gunst02 mins

In a major reveal regarding cryptocurrency taxation regulations, the IRS has issued an extensive guidance concerning the federal income tax treatment of staking income, encapsulated in Revenue Ruling 2023-14. Inevitably aligning with its previous guidelines on hard forks, the IRS’s ruling verifies that taxpayers acknowledge taxable income upon gaining dominion and comprehensive control over their…

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New Jersey Implements “Convenience of the Employer” Rule Impacting Nonresident Workers’ Taxes

Pieter Gunst04 mins

On July 21, 2023, New Jersey passed a significant piece of legislation, Assembly Bill No. 4694, which has profound implications for nonresident workers in the state. According to the Ogletree Deakins report, this new policy adds a “convenience of the employer” rule that has the potential to substantially increase tax revenues from individuals who, while…

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Prime Time for Government Attorneys to Explore Transitions to Private Practice

Pieter Gunst06 mins

For government attorneys, the current market boasts a surge in demand for their unique skills. Prestigious firms such as Cravath, Sidley Austin, Skadden, Cleary, Kirkland, Jenner, Arnold & Porter, Mayer Brown, and Boies Schiller have all recently integrated high-level government attorneys into their cadre of legal expertise. Notably, this could be an opportune time for…

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EU Adopts New Sustainability Reporting Standards: Implications for Legal Professionals and Corporate Compliance

Pieter Gunst03 mins

In a significant development towards greater corporate transparency and accountability, on 31 July 2023, the European Commission has adopted the European Sustainability Reporting Standards (ESRS) for companies reporting under the Corporate Sustainability Reporting Directive (EU) 2022/2464 (CSRD). The ESRS are founded on technical advice from the EFRAG, previously the European Financial Reporting Advisory Group. Full…

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Biglaw’s Wake-Up Call: Navigating Cybersecurity Challenges in the Legal Sector

Pieter Gunst03 mins

With the growing threat of cybercrime, there’s a pressing question on the rise: Is Biglaw asleep at the cybersecurity wheel? Despite the legal sector’s awareness of these unique cybersecurity hazards, the best practices continue to evolve, leaving some firms unprepared. Being prepared means being able to detect and swiftly respond to threats. But the question…

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Czech Competition Authority Endorses Compliance Programs as Fine-Reducing Factor in Corporate Violations

Pieter Gunst03 mins

In a decision disclosed at the end of July, the Czech Office for the Protection of Competition (the “Office”) reaffirmed its commitment to acknowledging the internal compliance programs of undertakings as a mitigating factor when calculating fines. This holds true even in instances of severe breaches to competitive law. These findings follow from the Office’s…

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Navigating HR Challenges in the EU/US Data Protection Framework Era

Pieter Gunst03 mins

Setting a new standard for transatlantic data transfers, the European Commission recently delivered its ‘Adequacy Decision’ on the EU/US Data Protection Framework three years after a ruling that significantly disrupted traditional business operations. This critical juncture is not only a fundamental move in data protection regulation but also in maintaining smooth business functions, including those…

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Navigating the Shifting Tides: North Carolina General Assembly’s Impact on Businesses and Legal Landscapes

Pieter Gunst02 mins

The North Carolina General Assembly, composed of representatives from municipalities, corporate transportation entities and nonprofit organizations, among many others, continues to shape policy and advocacy, according to a recent post by Kilpatrick Townsend & Stockton LLP. The firm, known for advising an array of clientele ranging from local community bodies to Fortune 500 companies, provides…

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EEOC Unveils Draft Regulations for Pregnant Workers Fairness Act: What Employers Should Know

Pieter Gunst02 mins

The U.S. Equal Employment Opportunity Commission (EEOC) has unveiled draft regulations and guidance pertaining to the new federal Pregnant Workers Fairness Act (PWFA). This update shed light on noteworthy inclusions that employers, especially those from significant corporations and law firms, should be mindful of. The draft regulations and guidance are expected to be published on…

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Mastering Prior Disclosures: Strategies and Pitfalls for Corporate Legal Professionals

Pieter Gunst03 mins

In the rapidly evolving world of corporate law, staying ahead requires not just understanding the existing regulations, but also being able to anticipate and handle new legal frameworks. Furthering this knowledge is an indispensable webinar titled ‘Mastering the Art of Prior Disclosures: Uncover Hidden Strategies and Avoid Pitfalls’. Taking place on the 29th of August…

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