Forecasts suggest that more than 1 billion travelers headed to Europe will be impacted by the European Travel Information and Authorization System (ETIAS), anticipated to launch in 2024. This system, which requires non-European travelers, including those from the United States, to seek approval before proceeding with their travels, marks a significant change in policy for…
In a significant shift, the National Labor Relations Board (NLRB) has outlined a new standard for the analysis and review of employer workplace rules, an action likely to lead to increasing complexities for anyone responsible for composing such policies. This adjustment was characterized by the board’s decision in Stericycle, Inc., 372 NLRB No. 113 (2023),…
The U.S. Securities and Exchange Commission’s (SEC) Cybersecurity Risk Management Strategy, Governance, and Incident Disclosure Rules have been officially recorded in the Federal Register. As per the official publication, these rules were published on August 4, 2023 and will become effective from September 5, 2023. These regulations provide the guiding principles and norms for cybersecurity…
Legal professionals, particularly those in large corporations and law firms, should be aware of the upcoming sunset of a Temporary Final Rule that extends the validity of certain Employment Authorization Documents (EADs) by up to 540 days. This rule is set to expire on October 26, 2023. This information is especially important for employers and…
As July 2023 draws to a close, it becomes clear that important developments in the domain of ESG and sustainable finance regulation continue to unfold despite the onset of legislative and regulatory summer recesses. Among the recent developments generating considerable interest within legal circles is the European Commission’s formal adoption of the European Sustainability Reporting…
In a significant turn of events that could impact corporations and law firms, the U.S. Department of Labor (DOL) has issued an opinion letter on February 9, 2023, asserting that employees are entitled to use the Family and Medical Leave Act (FMLA) to reduce their work hours indefinitely. The DOL issued this letter in response…
Sadness has rippled through the legal profession after the announcement that the historic Philadelphia law firm, Schnader Harrison Segal & Lewis, will be closing its doors permanently. The nearly 100-year-old firm recently revealed that it is currently in the process of planning for dissolution, marking an end to its well-esteemed operations in the industry. Through…
In a recent string of significant decisions and policies, both the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL) have taken steps that further pro-union initiatives. Based upon the information provided by JDSupra, these pro-union initiatives could potentially impact employers’ interaction with their workforce in the context of union representation. One…
In a notable development, the U.S. Departments of the Treasury, Labor, and Health and Human Services have recently put forth anticipated proposed regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA). This regulatory proposal aims to secure parity for the accessibility of mental health or substance use disorder (MH/SUD) benefits with those of…
Earlier this year, we reported on the establishment of California’s new Office of Health Care Affordability (OHCA). In keeping with its mission, OHCA has recently introduced proposals in the form of regulations that provide detailed insights into their authority over various transactions in the healthcare space. These regulations are available for public viewing on the…
In recent times, a significant legal question has been making waves in legal and financial circles, focusing on the intersection of loan syndication and securities laws. At the heart of the debate is a critical question: Are syndicated term loans subject to federal and state securities laws? A decisive case currently pending in the U.S….
The recent enactment of the EU Foreign Subsidies Regulation (FSR), granting investigative powers to the European Commission on foreign subsidies with the potential to distort competition in the EU internal market, continues to have a profound effect on multinational corporations and legal practitioners around the globe. This impact is keenly felt in the transactional process,…
On June 27, 2023, a significant legislative shift occurred in the realm of employment law with the effectiveness of the Pregnant Workers Fairness Act (PWFA), impacting businesses employing fifteen or more individuals. The PWFA adds a fresh layer of protection for pregnant workers that are distinctly different from, and complimentary to, the benefits offered to…
The recent emergence of IFRS S1 and S2 Sustainability Disclosure Standards by the International Sustainability Standards Board (ISSB) has caused a significant shift in global sustainability discourse. ISSB, which was established by the IFRS Foundation (IFRS), launched what could be considered a worldwide baseline of disclosure standards to foster consistent and understandable notifications on risks…
A Federal Circuit panel focusing on allegations against 96-year-old Judge Pauline Newman has proposed a potentially significant outcome. They’ve recommended the suspension of Judge Newman from her duties for a period of one year. This decision comes as a direct result of the judge’s perceived lack of cooperation with the investigations into her mental fitness…
The issue of counterfeit goods is typically associated with high-end luxury fashion labels like Prada, Louis Vuitton, Gucci, Hermes, and the like. Public perception often holds that these counterfeit products are peddled in shady alleyways or on suspicious websites, easy to spot and avoid for the discerning consumer. However, as a recent analysis by Rivkin…
Recently, the Federal Trade Commission (FTC) and Department of Justice (DOJ) presented drafts of their proposed new Merger Guidelines. The main purpose of these revisions is to reflect and respond to the realities of the modern economy. These proposed guidelines will offer a new set of overarching principles for the FTC and DOJ to implement…
In a significant ruling on July 28, 2023, the Michigan Supreme Court diminished the commonplace application of the ‘open and obvious doctrine’ in premises liability claim cases. Two prominent cases sparked this modification in the interpretation and application of premises liability law in Michigan. These cases, Kandil-Elsayed v. F & E Oil, Inc., and Pinski…
In a notable turn of events on 21 April 2023, the English High Court approved the restructuring plan proposed by Adler Group. The decision fell under new Part 26A of the UK’s Companies Act 2006 and raised several pivotal subjects such as the Court’s jurisdiction, cross-class cram downs, pari passu issues, and competing evaluations. The…
The United States House Judiciary Committee, under the chairmanship of Representative Jim Jordan (R-OH), recently conducted a hearing titled “Oversight of the Federal Trade Commission [(FTC)]”. The primary focus of this hearing was to scrutinize possible mismanagement at FTC and probe into its perceived disregard for ethics and Congressional oversight. Read more at JD Supra….
On August 2, 2023, a significant shift in labor regulation occurred as the National Labor Relations Board (NLRB) issued an anticipated ruling in the Stericycle, Inc. case. This new decision effectively reverses the Trump-era Boeing decision, altering how workplace rules balance with employees’ legal rights to engage in “protected concerted activity.” This refers to section…
In a tactical legislative attempt to address plastic pollution, the two major political parties within the United States have presented diverging viewpoints. The Environment Protection Agency’s (EPA) public request for commentary on its draft strategy to mitigate plastic pollution sparked diverse responses from a group of 14 Democratic Attorneys General (AGs) and another of 16…
In an ecosystem where creditors often find themselves at the tail end of priority during bankruptcy filings, a particular provision in the Bankruptcy Code can potentially offer a silver lining. Amid the gambit of general unsecured claims, Section 503(b)(9) of the Bankruptcy Code functions like an ace in the pack, potentially tilting the scales towards…
The second day of the NILG (National Industry Liaison Group) 2023 National Conference continued the event’s momentum with treats of in-depth discussions and keynote addresses. This year’s conference held true to its reputation as the beacon of information for legal professionals in large corporations and top-notch law firms. First on the schedule was an interactive…
Recent developments have seen the National Labor Relations Board (NLRB), an institution pivotal in regulating labor practices in the US, reignite the ‘Biggest Idiot’ standard. This resurfacing could have significant implications for employers and their respective handbooks. Section 7 of the National Labor Relations Act (NLRA) bestows on employees the robust right to unionize, participate…