Emerging Legal News

Unexpected Taxation from PTO Cash Out Arrangements
PTO Cash-Outs and Constructive Receipt
by: Al Ward & Kirsten L. Vignec
Identification Requirements and Aggregate Hedging Taxation
Business Taxation of Hedging Transactions Part III: Identification Requirements and Aggregate Hedging
by: Andie Kramer
Estate Planning for Business Owners
Estate Planning for the Business Owner, Part 1: The Business Owner as a New Client
by: Andrew Haas
National Futures Association Business Conduct Committee
Kicked Out of the Club: NFA Orders Commodity Pool Operator Not to Reapply for NFA Membership
by: Matthew J. Rogers & Benjamin C. Skillin
SEC Crypto Asset Transactions
SEC’s Enforcement Authority Over Crypto Asset Transactions Upheld (Again) in Case Against Coinbase
by: Cory S. Flashner & Steve Ganis
medical scan Computer Visualization Patent
Virtually Done: Computer Visualization Patents Are Ineligible for Protection
by: Courtney Seams
Texas federal court issues default judgment of TCPA claims
A Win's A Win Right?: Daniel Graham Obtains Default Judgment in TCPA Suit Against TalkAsia VoIP, LLC for $7k–but It Could Have Been Worse (Better?)
by: Eric J. Troutman
Mental Health Parity and Addiction Equity Act MHPAEA litigation
Lessons from Ryan S. v. UnitedHealth Group for the 2023 MHPAEA Proposed Rule
by: Alden J. Bianchi
First Circuit DiCroce v McNeil Industries
FDA Preemption of State Law for False Labeling Survives Appeal to Supreme Court
by: Gina L. Tincher & Stacy A. Carpenter
USPTO reviews IPR PTAB decision
Drawing Can Teach Claim Limitations If “Clear on Its Face”
by: Connor M. Larson
Northern District of Indiana on TCPA claim indemnity
Solid Gold: Opinion on Indemnity in TCPA Class Action May Have Generated the Best Intro to a Court Opinion Ever…
by: Eric J. Troutman

Featured Articles

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COVID 19 Fraud Enforcement
DOJ Releases COVID-19 Fraud Enforcement Task Force Report Touting Its Successes and Urging Lawmakers to Enact New Legislation
by: Jane Haviland & Abdie Santiago

The government’s continued dedication of resources to investigating and prosecuting fraud against COVID-19 pandemic relief programs appears to have borne fruit according to the results of the COVID-19 Fraud Enforcement Task Force’s (CFETF) report released on April 9, 2024.

Cybersecurity regulation emphasized by federal agencies, SEC
Cybersecurity Continues to be a Focal Point for Regulators in 2024
by: Margaret A Dale & Michael R. Hackett

The SEC’s new and proposed rules on cybersecurity and cyber-incident reporting will have a dual impact on private investment advisers and funds.

First, the proposal by the SEC will impose cybersecurity related obligations on investment advisers, registered investment companies and business development companies…

U.S. Government Proposes Comprehensive Federal Privacy Law
American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law
by: Cynthia J. Larose & Christopher J. Buontempo

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that.

Calls for passage of a comprehensive U.S. federal privacy law have come not just from privacy activists – many in industry want it as well.

SCOTUS Holding on Unlawful Employment Discrimination Claims
Supreme Court Rules Employees Need Not Show Transfer Caused ‘Significant’ Harm For Title VII Claims
by: Tiffany Cox Stacy & Morgan Pike Epperson

On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the transfer caused some identifiable harm, but the harm does not need to be significant.

Cannabis legal developments in 2024
Top 10 Legal Issues in the Cannabis Industry in 2024
by: Aram Ordubegian & Kirsten A. Hart

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if not rescheduling, what about creating a safe harbor for banking? Again, maybe (less likely).…

EEOC Pregnant Workers Fairness Act Final Rule
EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act (US)
by: Laura Lawless

The text of the PWFA left unanswered many questions regarding employers’ obligations. On April 15, 2024, after reviewing approximately 100,000 public comments, the EEOC issued its final rule and interpretative guidance with respect to the PWFA.

Spring 2024 Environmental Justice areas to watch
Environmental Justice Update: Three Areas to Watch in Spring 2024
by: J. Michael Showalter

While environmental justice (EJ) concerns continued to drive policymaking in early 2024, EJ efforts increasingly faced headwinds coming from various and sometimes unexpected directions. Below, we will summarize recent developments in the EJ space and outline three areas to watch for the regulated community in spring 2024…

state personal income tax liability residence change
Understanding Residency and Domicile in Determining State Income Taxation
by: James R. O’Neill

A change of residence/domicile from a higher-tax state to a lower- (or no-) tax state is often considered when contemplating retirement or the receipt of significant proceeds from a business or investment transaction, or when a taxpayer realizes the amount of state income tax paid upon filing his or her return.

DOJ Whistleblower Rewards Program FCPA Cases
DOJ Plans to Apply the New Whistleblower Rewards Pilot Program to FCPA Cases
by: Michael J. Gilbert & Jennifer N. Le

Just one day after Deputy Attorney General Lisa Monaco announced the U.S. Department of Justice’s (“DOJ’s” or “Department’s”) whistleblower pilot program on March 8, 2024, the DOJ’s Criminal Division highlighted its plans to apply the program in its fight against global corruption. 

Blockchain and cryptocurrency news for April 15, 2024
Blockchain+ Bi-Weekly: Week of April 15, 2024
by: Jonathan E. Schmalfeld & Stephen A. Rutenberg

The biggest legal news of the past two weeks was the Coinbase loss on two of three categories of claims at the Judgment on the Pleadings stage of litigation against the SEC. There were also determinations in long pending cases against FTX founder Sam Bankman-Fried and Terraform Labs founder Do Kwon

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Opinions Issued in SCOTUS
Today’s Argument Was More Consequential Than Issued Opinions - SCOTUS Today
by: Stuart M. Gerson

The Supreme Court heard arguments this morning in the case of Joseph Fischer, one of more than 300 people convicted of corruptly obstructing an official…

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EB 5 Regional Center Audits Information from USCIS
USCIS Announces Information on EB-5 Regional Center Audits
by: Miriam C. Thompson

U.S. Citizenship and Immigration Services (USCIS) has …

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California News Updates

More Emerging Legal News

FTC Vote on Rule to Ban Non-Competes Scheduled for April 23rd
by: Mark L. Daniels
Permitting Reform and Responsible Mining: Q&A with IRMA’s Kristi Disney Bruckner
by: Scot Anderson
IRS Issues New Favorable Pipeline Ruling for REITs
by: George C. Howell, III & Thomas W. Ford, Jr.
Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite
by: Stephanie D. Scruggs
Health-e Law Episode 8: What We Heard at HIMSS 2024 with Michael Orlando & Carolyn Metnick [Podcast]
by: Michael D. Orlando & Carolyn V. Metnick
A Guide for a False Claims Act Whistleblower
by: Dr. Nick Oberheiden
USCIS Issues Employment Authorization Procedures for Palestinians on Deferred Enforced Departure
by: Forrest G. Read IV
Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office
by: Matthew S. Dicke
Don’t Forget About These Three HIPAA Compliance Requirements
by: Hannah R. Demsien & Amy C. Ciepluch
Five Compliance Checks Every Multinational Company Should Consider for … Being an Importer of Record
by: Gregory Husisian & John E. Turlais
more emerging legal news

Artificial Intelligence

Deploying AI Systems Securely
Joint Guidance Published by Five Eyes on Deploying AI Systems Securely
by: Linn F. Freedman
Stanford University releases report on impact of artificial intelligence
The State of AI Governance and Diversity: Takeaways from the AI Index Report
by: Blair V. Robinson
USPTO issues compliance guidelines for artificial intelligence AI use
New Guidance Addresses Use of AI Systems, Tools in Practice Before the PTO
by: Peter Brunovskis, PhD
Generative Artificial Intelligence and 401(k) plan fiduciaries
Generative Artificial Intelligence (AI) and 401(k) Plan Fiduciary Implications
by: Michael Abbott & Aaron K. Tantleff
European Union Artificial Intelligence Act
The EU Artificial Intelligence (Al) Act: A Pioneering Framework for AI Governance
by: G. David Carter & Katie Hyman CIPP/E, CIPP/US, CIPM
Europe Commission on Artificial Intelligence ends without treaty
Heavyweight Fight, Did the US or EU KO the AI Treaty?
by: Andrea Otaola & Claire Murphy
USPTO Artificial Intelligence submissions
For All Patent/Trademark Practitioners: USPTO Provides Guidance for Use of AI in Preparing USPTO Submissions
by: Seiko Okada, M.D., Ph.D. & Samuel A. Savanich
Artificial Intelligence Compliance Programs
Navigating AI Risks: A Guide to Enhancing Corporate Compliance Programs
by: Colin R. Jennings & Ayako Russell
AI Insurance Audits
The Hunton Policyholder’s Guide to Artificial Intelligence: Artificial Intelligence-Related Securities Exposures Underscore the Importance of Thorough AI Insurance Audits
by: Michael S. Levine & Geoffrey B. Fehling
Presentation discusses health care and medical device regulations
Navigating Health Tech: Regulations for AI/ML in Medical Devices and Software [Video]
by: Benjamin M. Zegarelli & Pat G. Ouellette
EU artificial intelligence regulations
The European Union Has Assigned Your AI Some Homework
by: Aaron M. Levine & Catherine (Cat) Kozlowski
more headlines about AI and the law

Business of Law

Mass Tort Litigation
The Impact of New FRE 702 Amendments on Mass Tort Litigation
by: John Gardella
Second Circuit on Privilege Log
Failure to Produce Privilege Log
by: Kathryn C. Cole
Sixth Circuit Court of Appeals rules on expert testimony exclusion
Late Expert Report Dooms Copyright Case
by: Karen Gover
Guidance for Civil Case Assignment in District Courts
U.S. Judicial Conference Aims to Curb "Judge Shopping": New Guidance Promoting Random Civil Case Assignments
by: Lori A. Medley & Scarlett L. Freeman
Customer Relationship Management Red Flags
Three Red Flags That Suggest Your CRM Data Has Gone Bad—And What to Do About It
by: Christina R. Fritsch JD
Social Media Limited Budget Strategy
Social Media Success Strategies with a Limited Budget and Resources
by: Stefanie M. Marrone
Marketing a litigation practice
How to Effectively Market a Litigation Practice
by: Stefanie M. Marrone
Financial services companies Litigation arbitration strategies
Increasing Volume of Pro Se, Frequent Litigants, and Pre-Litigation Demands & Arbitration Claims in Financial Services Litigation and Compliance [Podcast]
by: Shelton Sterling Laney III & Tomio Narita
Nonprofits and Associations Effective Subpoena Response Fundamentals
Look Before You Leap: Nine Fundamentals of Effective Subpoena Responses for Nonprofits and Associations
by: Molly L. Wiltshire & Brian D. Schneider
Law Firm Evergreen Content Strategies
Crafting an Evergreen Content Strategy: A How-To Guide for Law Firms
by: Stefanie M. Marrone
Pending Trademark Applications in 9th Circuit
ITU Applicants Beware: Federal Courts Have Jurisdiction Over Pending Trademark Applications
by: Cecilia Choy, Ph.D.
more business of law headlines

Environmental, Social, Governance

SEC Stays Climate Disclosure Regulations Post Circuit Challenge
SEC Stays Climate Disclosure Regulations in Response to Consolidated Eighth Circuit Challenges
by: Farzad F. Damania & Ryan A. Lilley
GAO Examines DOD Efforts to Address PFAS Contamination at Joint Base Pearl Harbor-Hickam
by: Lynn L. Bergeson & Carla N. Hutton
Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond
by: Brook J. Detterman & Barbara M.R. Marvin
Global Survey of ESG Regulations for Asset Managers
by: Lance C. Dial & Keri E. Riemer
EPA PFAS Rule Imposes New Requirements on Public Water Systems
by: Matthew B. Eugster
SEC Climate Disclosure Rule [Video]
by: Kevin A. Ewing
EPA Finalizes Landmark Rule Setting Stringent New Limits for Six PFAS in Drinking Water
by: Javaneh S. Tarter & Matthew Z. Leopold
Recent Federal Developments for April 2024
by: Lynn L. Bergeson
view more ESG law headlines

International Law News

Immigration News Haiti and Mexico
Episode 70: Visa Services Suspended in Haiti, Visa Wait Times in Mexico and the Experiences of People Immigrating to the U.S [Podcast]
by: BAL Global Practice Group
Chinese IP Utility Model
Chinese Utility Model Grants Down 30%, Invention Patent Grants Up Almost 55% in 2024 Q1
by: Aaron Wininger
European Union Single Permit Directive
European Union | Single-Permit Directive Agreement Reached
by: BAL Global Practice Group
United Kingdom HM Treasury CTP Guidance
UK HMT Publishes Policy Paper on its Approach to Designation of Critical Third Parties
by: Nathaniel W. Lalone & Ciara McBrien
FCA Investment Research Payments New Option
FCA Proposes ‘New’ Option for Investment Research Payments – Back to Bundled Payments?
by: Neil Robson & Sara Portillo
Romania EU Blue Card
Romania | EU Blue Card Updates and Work Permit Changes
by: BAL Global Practice Group
European Council Agrees to Lift Controls
European Union | Bulgaria and Romania Join Schengen Area
by: BAL Global Practice Group
More international law headlines

Federal Law News

Status Update on SECs Fall 2023 Rulemaking Agenda
Regulatory Update and Recent SEC Actions April 2024
by: Thomas R. Westle

REGULATORY UPDATES

Recent SEC Leadership Changes

William Birdthistle, the Director of the Division of…

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Justice Department has Opportunity to Revolutionize its Enforcement Efforts with Whistleblower Program
by: Stephen M. Kohn

Over the past few decades, modern whistleblower award programs have radically altered the ability of numerous U.S. agencies to crack down on white-collar crime. This year, the Department of Justice (DOJ) may be joining their ranks, if it incorporates the ke…

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Justice Department to Develop Whistleblower Program
Five Commissioners and a Vote on Noncompetes to Come
by: E. John Steren & Patricia M. Wagner

The Federal Trade Commission (FTC) is once again operating with a full five-Commissioner slate.

The two newest Commissioners, Melissa Holyoak and Andrew Ferguson, were sworn in on March 24 and April 2, respectively. Both Commissioners bring litigatio…

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FTC New Commissioners and Votes
Treasury Proposes Regulatory Updates
Treasury Department Announces Proposed Regulatory Updates to CFIUS Enforcement Mechanisms and Civil Penalties
by: Kara M. Bombach & Cyril T. Brennan
FTC Final Rule Banning Non Competes
Vote Scheduled for FTC Final Rule Banning Non-Competes – What You Need to Know
by: Eric E. Packel & Sean R. Gallagher
DOJ on Massachusetts Cannabis Case
DOJ Just Said the Quiet Part Out Loud in Massachusetts Cannabis Case
by: Whitt Steineker
Supreme Court Denies FDA Labeling Preemption
Supreme Court Declines to Review FDA Labeling Preemption for State Claims
by: Food and Drug Law at Keller and Heckman
SEC Marketing Rule Compliance Observations
SEC Risk Alert Offers Initial Observations on Compliance
by: Michael S. Caccese & Lance C. Dial
Federal Trade Commission Non Compete Vote
Federal Trade Commission to Vote on Proposed Non-Compete Ban on April 23
by: Linda M. Jackson & Matthew F. Prewitt
Interstate Transportation FAA Exemption
Supreme Court Holds that the FAA’s Transportation Exemption Applies to all Employees Involved in Interstate Transportation
by: Henry Morris, Jr.
DOJ False Claims Act Case Against Regeneron Pharmaceuticals
DOJ Files Second Qui Tam Lawsuit Against Regeneron Pharmaceuticals
by: Eva Gunasekera & Renée Brooker
DOJ Creates Plan to Entice Government Contract Fraud Reporting
“Take Me to the Pilot” – DOJ Announces Plan to Entice Self-Disclosures of Government Contract Fraud
by: William C. Athanas
US PERM immigration application processing times announced
United States | PERM, Prevailing Wage Processing Updates (April 2024)
by: BAL Global Practice Group
Supreme Court rules on application of Title VII discrimination law
U.S. Supreme Court Holds That A Unilateral Job Transfer Maintaining the Same Pay and Benefits Could Be Discrimination Under Title VII
by: James R. Macy
FCC Sent A Cease and Desist Letter to DigitalIPvoice Over Robocalls
FCC Puts Another Carrier On Notice with Cease and Desist Letter
by: John H. Henson
Supreme Court SCOTUS rules on Title VII actions
Insignificant Harm Not So Insignificant in Proving Title VII Transfer Violation - SCOTUS Today
by: Stuart M. Gerson
House Health Subcommittee Holds Hearing on Cybersecurity
McDermottPlus Check-Up: April 17, 2024
by: Debra Curtis & Kristen O’Brien
CFIUS monitoring and enforcement rule proposal by Treasury
Treasury Proposes Stronger CFIUS Monitoring and Enforcement Rules
by: Sevren R. Gourley & Eric R. Markus
FTC Open Commission Meeting on Rule Banning Noncompetes
FTC Announces Open Commission Meeting to Vote to Issue Final Rule Banning Noncompetes
by: Christine Bestor Townsend & Scott R. McLaughlin
Justice Department Voluntary Self-Disclosure Pilot Program
DOJ Takes the Next Step in Its Effort to Increase Voluntary Self-Disclosures By Incentivizing Those Complicit in Wrongdoing
by: William C. Athanas & Anna Akers Hornsby
EEOC Releases New Final Rule on Pregnant Workers Fairness Act
EEOC Unveils Final Rule Implementing Pregnant Workers Fairness Act
by: Charles L. Thompson, IV & Christine Bestor Townsend
more federal law headlines

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