US Adalimumab Market Faces Shake-up with Seven New Biosimilars Amid Legal Uncertainties

In early July, seven more Humira® (adalimumab) biosimilars, including a single interchangeable, joined Amjevita™ (adalimumab-atto) on the US market. Abrilada™ (adalimumab-afzb) remains the sole FDA-approved adalimumab biosimilar yet to be launched, despite predictions for an early release as of July 2023. The addition of these new biosimilars is poised to shake up the market considerably…

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NLRB Ruling Redefines Workplace Policies: Implications for Employers and Labor Practices

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) made a significant decision in the case of Stericycle, Inc. that holds serious implications for employers and their ability to formulate workplace policies. This ruling overturned the earlier precedent that had given employers considerable leverage in establishing workplace policies. The NLRB, making…

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UK Court Rejects Enforcement of California Arbitration Award, Citing Consumer Rights and Financial Markets Acts

In a noteworthy ruling, the English Commercial Court has denied recognition and enforcement of a California-seated arbitration award, opining that the enforcement would violate UK public policy. The Court stated this would be in direct conflict with principles outlined in the Consumer Rights Act 2015 (CRA 2015) and the Financial Services and Markets Act 2000…

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Unveiling Proposed Rules: CMS Revolutionizes Hospital Outpatient and Ambulatory Surgical Center Payment Systems

The Centers for Medicare & Medicaid Services (CMS) recently unveiled its proposed set of regulations concerning the Hospital Outpatient Prospective Payment (OPPS) and Ambulatory Surgical Center (ASC) Payment Systems for calendar year 2024. The proposals also encompass the Physician Fee Schedule (PFS), with all these officially known as the ‘Proposed Rules.’ The Proposed Rules represent…

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Minnesota Employment Law Update: Navigating New Regulations on Noncompetes, Leave Policies, and Marijuana Use

In the wake of the recent Minnesota legislative session, employers with Minnesota-based employees can expect a number of changes in the state’s employment laws. These alterations could significantly impact their policies and procedures, therefore awareness and understanding of these changes is paramount. As reported previously on JD Supra, the new laws include a ban on…

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Balancing Privacy and Fraud Prevention: The Role of Surveillance in Workers’ Compensation Claims

In 1963, the Pennsylvania Supreme Court issued a ruling suggesting that an individual does not have an expectation of privacy when a private investigator follows and photographs them on the street once they have claimed personal injuries sustained in a car accident. The argument was that the claimant “must expect reasonable inquiry and investigation to…

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Demystifying California’s Professional and Administrative Pay Exemptions in Employment Law

In this recent episode of California Employment News, Meagan Bainbridge and Lukas Clary delve into the complexities surrounding the Professional and Administrative pay exemptions. These exemptions, found in both federal and state laws, are commonly used to exclude certain employees from overtime, meal and rest break, and minimum wage rules. These exceptions, often seen as…

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Navigating Professional and Administrative Pay Exemptions in California Employment Law

The landscape of California employment law continues to evolve in nuanced ways, particularly in relation to Professional and Administrative pay exemptions. This is a topic that impacts numerous corporations and law firms as changes in exemption rules may influence employment contracts, employee classification, and overall business strategy. According to a recent podcast featured on JD…

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Ensuring Statement Accuracy: The Importance of Due Diligence in Fractional Share Trading

In the expanding world of securities, it’s becoming increasingly important for professionals to review and verify statements, as demonstrated in a recent article by Ary Rosenbaum from The Rosenbaum Law Firm P.C. Away from traditional trading, a growing number of individuals, including our legal colleague Mr Rosenbaum, are finding appeal in brokerage accounts which allow…

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Unforeseen AI Emergence: Startling Admissions from OpenAI’s Top Executives

In a notable turn of events, OpenAI’s top executives recently made several surprising admissions in a series of interviews. OpenAI’s head scientist, Ilya Sutskever, unveiled startling details about the development process of the company’s neural-net Artificial Intelligence technology to fellow scientist Sven Strohband. According to Sutskever, the emergent intelligence of his neural-net Artificial Intelligence (AI)…

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EPA’s Spring 2023 Agenda: Implications for Environmental Law Professionals

For those closely monitoring the regulatory landscape, particularly in the realm of environmental law, it is crucial to understand the forthcoming changes disclosed by the United States Environmental Protection Agency (“EPA”). Recently, the agency published its Spring 2023 Semi-Annual Agenda of Regulatory and Deregulatory Actions (the “Agenda”), albeit somewhat later than expected. This comprehensive agenda,…

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Calculating and Paying Net Investment Income Excise Tax: A Primer for Private Foundations

As the extended 990-PF filing deadline draws near, private foundations operating on a calendar year accounting period should take note. It is imperative that the leaders of such foundations verify that they have complied with the 1.39% net investment income excise tax. Moreover, this should be accurately accounted for on the foundation’s 2022 tax return….

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SEC Proposes Rules to Address AI-Driven Conflicts of Interest in Broker-Dealer and Adviser Practices

On July 26, 2023, the Securities and Exchange Commission (SEC) announced its proposed rules targeted at eliminating potential conflicts of interest among broker-dealers and investment advisors in their interactions with investors through the use of predictive data analytics (PDA) or artificial intelligence (AI). These rules fall under the Securities Exchange Act of 1934 and the…

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Supreme Court Decisions on Affirmative Action Could Impact SBA’s 8(a) Program for Small Businesses

The U.S. Small Business Administration’s 8(a) Business Development Program, used to aid small businesses in competing in the American economy and accessing the federal procurement market, could be impacted by recent U.S. Supreme Court decisions. The rulings pertaining to affirmative action programs in higher education admissions could have profound implications for racially conscious programs in…

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Record Foreign Investment Scrutiny: 8 Key Takeaways from the CFIUS 2022 Annual Report

The 2022 Annual Report from the Committee on Foreign Investment in the United States (CFIUS) disclosed crucial information about the year’s foreign investment trends. Here are eight crucial takeaways from the report: The Committee reviewed a record number of filings in 2022. This indicates an upward trend in foreign investment activity in the United States….

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