On August 1, 2023, The U.S. Food & Drug Administration (FDA) and the Drug Enforcement Administration (DEA) made a collective call to address the ongoing shortage of prescription stimulants in a joint letter addressed to the American public. As professionals in the legal field, this development touches especially on those of us working with pharmaceutical…
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has had a busy year in 2023. Though the first two months passed without any published sanctions enforcement actions, since March, OFAC published details on nine enforcement actions with some significant penalties. The focus of these enforcement actions serves as a key indicator…
In the world of class actions, distinct variations occur around the globe. These collective litigation procedures have been instrumental within the United States for decades, but their prevalence elsewhere varies greatly. Major legal players in the global arena, such as the European Union, approach class action litigation differently. Even within the United States, the landscape…
The Department of Homeland Security (DHS) has recently announced crucial modifications to the I-9 process. This includes the incorporation of a remote verification option for I-9 documents and an updated Form I-9. Interestingly, since March 20, 2020, the DHS has allowed employers to perform remote verification of I-9 documents for new recruits under specific circumstances….
The Biden-Harris administration is expanding its focus on artificial intelligence by introducing an AI development competition. In a report by Aislinn Keely dated August 9, 2023, the competition will challenge participants to create AI-enabled technology aimed at automating the security of pivotal national software solutions. The reward for this contest? A grand incentive of almost…
On August 2, 2023, a significant change occurred in the legal landscape of workplace rules in the United States with the adoption of a stringent new legal standard by the National Labor Relations Board (NLRB). This standard, adopted during the case of Stericycle, Inc., 372 NLRB No. 113 (2023), pertains to the assessment of the…
With an unprecedented global shift to remote and hybrid work schedules during the pandemic, legal professionals who handle HR affairs have undoubtedly noticed an uptick in complaints relating to remote work scenarios. A seemingly intractable issue facing corporations and law firms today is handling harassment in these digital landscapes. Still, many HR Departments are dialing…
In recent legal developments, the Supreme Court on June 30, 303 Creative LLC v. Elenis concluded resulting in a much-anticipated verdict. The court found that the First Amendment indeed blocks the state of Colorado from compelling, a website designer, to create expressive designs that would be at odds with her deeply held religious beliefs. This…
On July 24, 2023, the California Office of Administrative Law endorsed alterations made by the California Civil Rights Council (CCRC) to the regulations associated with California’s Fair Chance Act. The latter prohibits employers with a workforce of at least five from asking prospective employees about their conviction history until a job offer has been extended….
In a recent encounter confronting the Federal Communications Commission (FCC), the Seventh Circuit Court has taken drastic actions. The FCC, frequently known for making declarations on the Telephone Consumer Protection Act (TCPA), has been noted to make these statements in ways that are often unclear, ambiguous, or contradictory. This characteristic of the FCC recently did…
In recent legal news, a crucial concern seems to be arising within the trade community due to the lack of uniformity in the procedures and practices of U.S. Customs and Border Protection (CBP) Centers of Excellence and Expertise (Centers). This is according to the August 2023 newsletter issued by the Braumiller Law Group. Compliant companies…
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 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…
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…
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…
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…
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…
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…
Changes are on the horizon for California’s Construction General Permit, and all those involved in construction activities in the state – including municipalities, landowners, and developers – would do well to take note. The impetus for these changes is the intensified regulatory scrutiny that this sector has been subject to in recent years, especially in…
In a recent ruling on August 3, the U.S. District Court for the Eastern District of Texas dealt a significant blow to the regulations governing the arbitration process established by the No Surprises Act (NSA). As prescribed by the NSA, these regulations were put in place to orchestrate payment disputes between out-of-network healthcare providers and…
In what may become a significant case in the corporate legal sector, international law firm Clyde & Co is set to face the Solicitors Disciplinary Tribunal (SDT) over alleged breaches of anti-money laundering regulations. The information was revealed by Law.com. Reportedly, along with the firm, a former partner has also been referred to the UK’s…
In the continually evolving environment of healthcare, there is a critical aspect rarely understood by even seasoned legal professionals – exclusion screening. Routine screening checks are compulsory in the healthcare sector. Still, the importance of exclusion screening trumps most compliance audits, especially concerning federally funded health care programs. The Office of the Inspector General (OIG)…
The United Kingdom’s Financial Conduct Authority (FCA) initiated a consultation concerning the development of a U.K. consolidated tape for bonds on July 5, 2023. The Market in Financial Instruments Directive II (MiFID II) has established the need for a consolidated tape that presents transaction details for both equity and non-equity instruments. The proposal put forth…