California Employers Face New FEHA Regulations on Assessing Prospective Employees’ Criminal History

The California Civil Rights Council (CRD), previously known as the DFEH, has ushered in new regulations that modify the Fair Employment and Housing Act (FEHA). These regulations dictate the conditions under which California employers may contemplate a prospective employee’s criminal history during their evaluation process. They became effective on October 1, 2023, and introduce an…

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FDA Drafts SIUU Guidance to Enhance Communication on Unapproved Uses of Medical Products

On October 23, the U.S. Food and Drug Administration (FDA) issued a draft guide titled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses [SIUU] of Approved/Cleared Medical Products: Questions and Answers”, often known as the SIUU Guidance. This awaited guide aims to address frequently asked questions and concerns related to…

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Optimizing SEC Exam Preparation: Guidance from Ex-Commission Inspectors

With the pace of regulatory scrutiny in today’s business environment, it is imperative for legal professionals, particularly those working in corporate houses and multinational law firms, to be prepared in advance for potential SEC (Securities and Exchange commission) examinations. As such, SEC Compliance Consultants, Inc., also known as SEC³ – a team that includes ex-SEC…

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OCC Issues Guidelines on Venture Lending: Recognizing Risk and Opportunities in Commercial Loans

On November 1, the Office of the Comptroller of the Currency (OCC) issued a bulletin on “commercial loans to early-, expansion-, and late-stage companies,” a term they have termed as “venture loans.” This signals the OCC’s recognition of the unique risks and opportunities associated with such lending activities. The OCC clarified that venture lending has…

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California Court Ruling Challenges Barton Doctrine, Impacting Distressed Commercial Real Estate Receiverships

Bankruptcy trustees and receivers managing distressed commercial real estate entities have a new precedent to consider. The California Second District Court of Appeal recently ruled in the case of Breanne Martin v. Leslie Gladstone, potentially influencing the receivership and bankruptcy industries. This case emerges during a timely period as bankruptcy proceedings and receiverships, especially for…

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Unlicensed Data in Open-Source Sets Poses Legal Challenges for AI Industry

The Data Provenance Institute has raised alarm on the widespread presence of improperly licensed data within open-source data sets. The institute, consisting of machine-learning engineers and legal experts, reported a significant amount of the data used for training large language models to be unlicensed. Among the institute’s voiced concerns, one is the practical difficulty faced…

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Appellate Litigation Insights: Koch Network Allegations, Trump Trial Broadcasts, and Texas Same-Sex Marriage

The legal sector never sleeps, and this week has been no different with multiple noteworthy incidents unfolding both in and outside the courtroom. All the following information has been collated and evaluated thanks to the hard work of Howard Bashman at his How Appealing blog, the first-ever blog dedicated to appellate litigation. One of the…

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Florida Bar Association Debates Client Consent for AI Use in Legal Practice

The Florida Bar Association is currently deliberating a provocative question regarding the use of artificial intelligence (AI) by lawyers: should client consent be necessary before lawyers use AI in their legal matters? This controversy adds another layer to the increasingly complex relationship between technology and law. Karen Sloan, a correspondent for Reuters, reports that Florida…

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Delaware Court Ruling May Reshape Corporate Dealmaking and Insider Scrutiny

Delaware’s highest court is currently deliberating on a ruling that could potentially reshape corporate dealmaking. The case in question revolves around the intricate restructuring of the holding companies responsible for operating Match.com, a popular online dating site. This case serves as an opportunity for the leading U.S. forum for mergers and acquisitions disputes to either…

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NetDocuments Launches AI-Powered PatternBuilder MAX with Nine Apps for Common Legal Use Cases

In July, NetDocuments commenced a trial launch of its AI-based product, PatternBuilder MAX. This generative AI tool aspires to facilitate firms in creating customized AI automation that caters to their specific practice areas, offering a glimpse into the transformative potential of AI in streamlining operations for legal firms. This product was intended as the forebear…

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Quitting Your Job and Child Support: How Pennsylvania Courts Assess Earning Capacity

In instances where a parent contemplates leaving their current employment voluntarily, questions often arise regarding how such an action could impact their ongoing child support obligations. As explored in a recent article by Obermayer Rebmann Maxwell & Hippel LLP found on JDSupra.com, a detailed understanding of Pennsylvania child support laws sheds light on possible implications….

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Bankruptcy Law’s “Willful and Malicious Injury” Provision Takes Center Stage in Celebrity Defamation Cases

One might find it challenging to draw a line connecting rapper Cardi B and conspiracy theorist Alex Jones, but a provision in federal bankruptcy law that has little public attention could significantly impact their financial situations by millions of dollars. Recently, Jones was forbidden by a judge from leveraging bankruptcy to avert the payment of…

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Effective One-on-One Meetings: Ensuring Strategic Team Management and Employment Law Compliance

In an article published by JD Supra, of interest to legal professionals managing teams or overseeing compliance, Fisher Phillips discloses a valuable checklist encompassing pointers to contemplate when conducting one-on-one meetings with team members. This comes as a much-needed directive, particularly in this timeframe when numerous organizations are preparing for annual evaluations. According to Fisher…

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China’s Draft Provisions on Cross-Border Data Transfers: Implications for Global Businesses and Legal Professionals

China continues to make strides in data regulation as the country sheds more light on its approach towards cross-border data transfers. The Cyberspace Administration of China (CAC), the body tasked with the oversight of data protection and cybersecurity, announced the release of draft provisions designed to regulate and facilitate such transfers. Public consultation on these…

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Actionable Steps for Change: ABA Equity Summit Aims to Address Diversity Crisis in Legal Profession

In recent years, this era has been marked by various symbols of unity and solidarity—pink pussy hats, black squares on Instagram, and safety pins worn on jackets. However, distinguishing genuine “awareness-raising” efforts from mere “clout chasing” and virtue signaling can be a difficult task. As we approach the ABA’s upcoming Equity Summit, the focus needs…

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Trump Organization Discussed “Presidential Premium” to Inflate Property Values, Senior Employee Reveals

In a recent trial involving former U.S. President Donald Trump, a senior employee of Trump Organization Inc. has given testimony suggesting that Trump’s top aides had contemplated implementing a “presidential premium” to his property values post his 2016 election to the White House. As per the employee’s statements, the premium, estimated to be as high…

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Armenia Seeks ICJ Intervention Against Azerbaijan’s Alleged Ethnic Cleansing in Nagorno-Karabakh

Armenia formally submitted a request to the International Court of Justice (ICJ) demanding provisional measures against Azerbaijan, alleging acts of “ethnic cleansing” in Nagorno-Karabakh, an ethnic Armenian region. According to an ICJ document, Armenia charges Azerbaijan with breaching its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). The…

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Wave of Lawsuits Highlights Importance of Pay Transparency Compliance for Employers

Legal professionals working for corporations and law firms have much to contemplate in the light of recent developments in the state of Washington’s pay transparency law. Over the past week, approximately thirty-class action lawsuits were filed against various employers, alleging infringements of the newly established regulation. This wave of lawsuits should serve as a clarion…

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Ohio Contemplates Legalization of Recreational Marijuana: Issue 2’s Economic Impact and Regulatory Prospects

Between October 11 and November 7, 2023, Ohio will become the latest state in the US to contemplate the legalization of recreational marijuana use for adults. Voters will decide whether to approve Issue 2 – a voter-initiated law named “To Commercialize, Regulate, Legalize and Tax the Adult Use of Cannabis”. A simple majority vote is…

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California Leads the Charge with Climate Corporate Data Accountability Act

In a race towards environmental reform, California has sprinted ahead. On October 7, 2023, Governor Newsom ratified California Senate Bill 253 (SB 253), known as the Climate Corporate Data Accountability Act. This marks a significant advance in how official disclosure requirements for greenhouse gas emissions are executed in the United States.[1] With the formal enactment…

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