Emerging Legal News

Key IRS Tax Guidance for the Week of November 11–15, 2024
Weekly IRS Roundup November 11 – November 15, 2024
by: Kevin Spencer & Evan Walters
CTA Large Operating Company Exemption
Disregarded Entity Eligibility for the CTA Large Operating Company Exemption
by: William E. Quick & Jeanne R. Solomon
ROFO vs. ROFR: Key Differences in Real Estate and Asset Transactions
Differentiating Between ROFOs and ROFRs
by: Benzion J. Westreich
NIST Seeks Feedback on Privacy Workforce Taxonomy Draft
NIST Releases Privacy Workforce Taxonomy Public Draft
by: Trisha Sircar
Auto Trends 2024: Navigating EVs, Regulations, and Market Shifts
Foley Automotive Update 26 November 2024
by: Vanessa L. Miller & Nicholas J. Ellis
DEA Extends COVID-19 Telemedicine Flexibilities for Controlled Substances Through 2025
Third Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescriptions of Controlled Medications
by: Sophia B. Villani
2024 Year-End Estate Planning Advisory
2024 Year-End Estate Planning Advisory
by: David M. Allen & Cynthia Reed Altchek
SEC Awards $2 Million to Whistleblower for Exposing Investment Fraud
SEC Waives TCR Filing Requirement in Awarding $2 Million to Whistleblower
by: Geoff Schweller
Legal Updates: Ninth Circuit Antitrust Ruling, Roblox Negligence Claims, and Roller Rink Liability
Three Point Shot - November 2024
by: Robert E. Freeman
Fruit Naturals Label Not Deceptive
9th Circuit Finds ‘Fruit Naturals’ Label Not Deceptive
by: Food and Drug Law at Keller and Heckman
Interlocutory Appeal in Github Case
Andersen Plaintiffs Strategically Dismiss § 1202(b) Claims Pending Interlocutory Appeal in Github Case
by: James G. Gatto
Penn State Retro Trademark Verdict
Penn State Prevails in Retro Logo Infringement Suit
by: David Halberstadter & Jessica G. Kraver
Government Contracting Scheme Ends in Settlement
Dude, You’re Getting a Deal: Non-Competitive Bids Government Contracting Scheme Ends in $4.3 Million Settlement
by: Tycko & Zavareei Whistleblower Practice Group
Trump 2024 Election Healthcare Impact
Diagnosing Health Care: Health Policy Update: Impact of the 2024 U.S. Elections [Podcast]
by: Edward M. Kennedy, Jr. & Leslie V. Norwalk
USHealth Advisors Stuck in TCPA Class Action Suit
“DUCK OFF”: USHealth Advisors Stuck in TCPA Class Action Suit Over Failure to Honor Revocation/Opt Outs And Its a Reminder of Things To Come
by: Eric J. Troutman
Federal Non-Compete Bans in a Trump Administration
The Future of Federal Non-Compete Bans in a Trump Administration
by: Mark L. Daniels
NLRB on Lawful Employer Statements
NLRB Finds Lawful Employer Statements to Employees Are Unlawful Going Forward
by: James S. Frank & Laura H. Schuman
FinCEN's Tax on Small Businesses
FinCEN's Nearly $7 Billion Tax On Small Businesses (Mostly)
by: Keith Paul Bishop
NSA Director Urges Action on Chinese Telecom Hackers
NSA Wants Industry to Disclose Details of Telecom Hacks in Light of Chinese Involvement
by: Trisha Sircar
Navigating CRE Debt Risks: Strategies for Savvy Investors
The Risks Of Debt Purchase Transactions
by: Pamela V. Rothenberg
Safeguarding Trade Secrets: Balancing UTSA and Contract Claims
Putting the Uniformity Back in the Uniform Trade Secrets Act: Sixth Circuit Rules Breach of Contract Claims Can Still Be Used to Protect Trade Secrets
by: Jessica Glatzer Mason
Emerging Legal News continues below

Featured Articles

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What’s to Come in Trump's Second Term
Preview of What’s to Come for Trump 2.0
by: C.J. Zane

The re-election of former president Donald Trump as the 47th President of the United States will have major implications for the key policy issues described below. Empowered by a Republican majority in both chambers, Americans should expect emphasis on sweeping policy and regulatory changes to come during this next term.

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FinCEN G.O.A.T. Data Breach
Is The FinCEN Laying The Foundation For The G.O.A.T. Data Breach?
by: Keith Paul Bishop

On May 29, 1453 the walls of Constantinople had stood unbreached for more than a thousand years. Yet on that day, the army of Sultan Mehmed II was able to force entry into the city through the Gate of St. Romanus. The Byzantine Emperor Constantine XI Palaeologus was killed and the city became Mehmed's new capital.

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Pam Bondi's AG Nomination: Implications for Cannabis Policy
Gaetz Out as Possible Attorney General, Pam Bondi New Nominee: A Discussion Still Limited to Cannabis Implications
by: Slates C. Veazey

Yesterday, the news broke that Gaetz withdrew his name, reportedly because the Trump administration concluded he would not have the votes to be confirmed. Little time passed before the new nominee was named. Enter former Florida Attorney General Pam Bondi.

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Home Shopping Network TCPA Case
SPAM FROM HOME?: Home Shopping Network (HSN) Hit With New TCPA Class Action Over DNC Text Messages
by: Eric J. Troutman

TCPA class actions against retailers arising out of SMS channel communications continue to roll in, despite Facebook severely limiting the availability of TCPA ATDS claims.

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Potential Changes Under the New Trump Administration
Consumer Finance – Quick Takes on Potential Changes Under the New Trump Administration
by: Christina Grigorian

Pundits and pontificators have been looking for any sign or indication as to how (and when) the new Trump administration will come into shape with respect to the consumer financial services sector.

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Artificial Intelligence AI use risk in investment advisories
AI Transcripts and Investment Advisers: Embracing Technology While Meeting SEC Requirements
by: Securities Practice Group at Stark and Stark & Thomas Kellerman

There has been a boom recently regarding investment advisers’ use of artificial intelligence (“AI”) to transcribe client and internal meetings. Among other applications, AI features such as Zoom AI Companion, Microsoft Copilot, Jump, and Otter.ai can assist with drafting, transcribing, summarizing and prompting action items

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Federal District Court Halts Nationwide DOL Rule
Federal District Court Halts Nationwide DOL Rule Increasing Salary Minimum Threshold for Exempt Employees
by: Robert J. Simandl

On November 15, 2024, the U.S. District Court for the Eastern District of Texas granted summary judgement to the Plaintiffs in a case involving a challenge to the Department of Labor Rule (“DOL Rule”) which increased the “minimum weekly” salary level for exempt status under the Fair Labor Standards Act (FLSA).

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Legal business, law firm news for November 2024
November 2024 Legal News: Law Firm News and Industry Expansion, Industry Awards and Recognition, DEI and Women in Law
by: The National Law Review

Thank you for reading the National Law Review’s legal news roundup, highlighting the latest law firm news! As the country enters the penultimate month of 2024, legal industry news continues to be a hot topic.

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FTC New Requirements for Auto Renewals
Cancel Culture: New Requirements for Auto Renewals and Other Negative Option Offers
by: Kyle R. Dull & Julia B. Jacobson

2024 was an active year for regulation of customer contracts with “negative option” features.

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NLRB Shuts Down Mandatory Meetings on Union Views
NLRB Shuts Down Mandatory Meetings on Union Views—But for How Long?
by: Ahmad Chehab & John H. Willems

On November 13, 2024, the National Labor Relations Board (“NLRB”) ruled that mandating employees to attend these so called “captive-audience meetings” violates Section 8(a)(1) of the National Labor Relations Act

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Small “Starter” Home Developments
SB 684 and SB 1123 Expedite the Entitlement Path for Small “Starter” Home Developments
by: Jennifer Jeffers & Jordan Wright
List of Contractors Selected For Audit by the OFCCP
OFCCP Releases List of Contractors Selected For Audit – Is Your Company On It?
by: Guy Brenner & Olympia Karageorgiou
America’s Anti-Robocall Statute
What is the TCPA?: Here’s a Quick Background on America’s Anti-Robocall Statute Every Call Center Must Know
by: Eric J. Troutman
Violations of Whistleblower Rule
SEC Enforcement Director Highlights Increased Penalties for Violations of Whistleblower Rule
by: Geoff Schweller
Voluntary Qualified Importer Program
FDA Updates Guidance for Voluntary Qualified Importer Program
by: Food and Drug Law at Keller and Heckman
Supreme Court to Weigh Economic Harm and Legal Standing in DACA Challenge
DACA Case Update: Appeals Court’s Focus on Standing
by: Michelle Choe
Schneider Electric Investigates JIRA Platform Breach, Highlights Threat of Stolen Credentials
The Impact of Stolen Credentials
by: Linn F. Freedman
CMS Expands AHEAD Model to New States for Health Cost Control
CMS Continues to Plan AHEAD Amid Rising Healthcare Costs
by: Patrick H. Hao & Justine F. Lei
Employee Retention Credits Refund Delays
Employee Retention Credits Refund Delays: Insights and Options [Podcast]
by: Michael K. Mahoney & Viki E. Farrior
Charitable Endowments
A Legal Practitioner's Guide to Charitable Endowments [Podcast]
by: Klaus Gottlieb
Whistleblowers Put a Stake in Kickback Scheme
No More Fraud Vampires: Whistleblowers Put a Stake in Phlebotomy Unlawful Kickback Scheme
by: Tycko & Zavareei Whistleblower Practice Group
Proposed ACA Regulations Require Employer Health Plans to Cover OTC Contraceptives
Affordable Care Act Proposed Rule Would Broaden Access to Over-the-Counter Contraception Without Cost Sharing
by: Timothy J. Stanton
Fiduciary Best Practices and Risk Mitigation in 2024
Conjuring Health Plan Hygiene: The Final Chapter
by: Caitlin M. Britos
USCIS to End Simultaneous Adjudication of H-4 and L-2 Visa Apps
Settlement Requiring Near-Contemporaneous Adjudication of Properly Bundled Forms I-539 and I-765 to Sunset in January 2025
by: Evan B. Gordon
Arbitration Provisions in Nonprofits’ Contracts
Strategic Use of Arbitration Provisions in Nonprofits’ Contracts
by: Sean W. Glynn & Brian D. Schneider
Beijing Intellectual Property Court
Beijing Intellectual Property Court Releases “Analysis of Patent Granting and Confirmation Cases 2014-2024” With 58 Typical Cases
by: Aaron Wininger
Spooky HR Tips for a Fright-Free Halloween!
The Employment Strategists - Spooky HR Issues [Podcast]
by: David T. Harmon & Mariya Gonor
FTC Revisions to HSR Form
Revisions to HSR Form Released
by: E. John Steren & Patricia M. Wagner
SEC Charges Four Public Companies Over Deceptive Cyber Disclosures
Four Companies Settle Allegations of Deceptive Cyber Disclosures with SEC
by: Kathryn M. Rattigan
Navigating ERC Claim Challenges: Delays, Denials, and Legal Options
Navigating Employee Retention Credit Denials and Delays
by: Michael K. Mahoney & Viki E. Farrior
FDA Studies Salmonella Risks
FDA Partners With Purdue University to Study Salmonella Risks
by: Food and Drug Law at Keller and Heckman
Importance Of Early Legal Counsel In Discrimination Claims
When a Joint Investigation Isn’t Really a Joint Investigation – Or, How to Protect Privilege Over Attorney Investigation Notes
by: Meghan A. Podolny & Jessie Purtell
USDOT’S DBE Program Blocked
USDOT’S DBE Program Blocked in Kentucky and Indiana
by: William S. Wilson
FTC Finalizes Changes to HSR Premerger Notification Form
FTC Finalizes Major Rewrite of HSR Filing Requirements
by: Daniel E. Hemli & Jacqueline R. Java
Off-Cycle Nursing Facility Revalidations
Off-Cycle Nursing Facility Revalidations Are Starting: Is Your SNF Ready for the Required Disclosures?
by: Karen S. Lovitch & Lauren M. Moldawer
Australia's New Bill Targets Money Laundering in Precious Metals
Anti-Money Laundering and Fashion
by: Daniel Knight & Kithmin Ranamukhaarachchi
Supreme Court to Hear Case on FLSA Exemption Standards
Supreme Court Set to Determine Burden of Proof on Fair Labor Standards Act Exemptions
by: Carrie Hoffman
Marijuana and Hemp Businesses Can Both Win
Why Can’t Weed Be Friends? How Marijuana and Hemp Businesses Can Both Win, and Win America
by: Whitt Steineker & Slates C. Veazey
more Featured Legal Headlines

Public Notices

2024 Election News

More Emerging Legal News

FinCEN's Nearly $7 Billion Tax On Small Businesses (Mostly)
by: Keith Paul Bishop
NSA Wants Industry to Disclose Details of Telecom Hacks in Light of Chinese Involvement
by: Trisha Sircar
The Risks Of Debt Purchase Transactions
by: Pamela V. Rothenberg
Putting the Uniformity Back in the Uniform Trade Secrets Act: Sixth Circuit Rules Breach of Contract Claims Can Still Be Used to Protect Trade Secrets
by: Jessica Glatzer Mason
Supreme Court to Address Constitutionality of USF
by: Caressa D. Bennet & Michael R. Bennet
Make Holiday Shopping Merry: Bracing for the Increased Retail Workplace Violence Risks
by: Nonnie L. Shivers & Karen Tynan
DHS Adds 29 Companies to Forced-Labor Blacklist
by: Clinton K. Yu
USPTO Fee Updates
by: Paul C. Maier
Telecom Alert: Chairwoman’s Departure; USF Constitutionality; 4.9 GHz Effective Date; 5.9 GHz Final Rules; BEAD Funding in Question [Volume XXI, Issue 48]
by: Jaimy "Sindy" Alarcon & James Baller
OIG Audit Scrutinizes Hospital Compliance with Price Transparency Rule
by: Michael G. Lisitano & Conor O. Duffy
USPTO Finalizes Fee Hikes and New Fees for 2025: Key Tips for Patent Applicants
by: Jacek M. Wnuk
What to Expect During the Presidential Nominee Vetting Process
by: Llewelyn M. Engel & James H. Cundiff
Proposed Disregarded Payment Loss Rules Create Traps for the Unwary
by: Jeffrey Maydew & Bradford E. LaBonte
more emerging legal news

Artificial Intelligence News

Vetting expert witnesses using generative AI is absolutely necessary
Vetting Expert Witnesses For Generative AI Reliance Has Become Essential
by: Dr. Lance Eliot
AI Australian Financial Services
AI and Your Obligations as Licensee
by: Daniel Knight
AI Usage by USPTO
AI Usage by USPTO Employees
by: Daniel J. Lass
Elon Musk X (formerly Twitter) lawsuit challenges California law
CALIFORNIA AI LAW HIT WITH A CONSTITUTIONAL CHALLENGE: X Corp. Attempts To Take Down California’s Law Regulating AI-Generated Political Content
by: Tori Guidry
Algorithmic Price Fixing and Antitrust Law: Biden Administration vs. Trump Outlook
Information Sharing in the Trump Administration
by: Bruce D. Sokler & Payton T. Thornton
AI and Australian Financial Services
AI and Your Obligations as an Australian Financial Services Licensee
by: Daniel Knight
California AI Healthcare Law Requires Transparency
California Passes Law Regulating Generative AI Use in Healthcare
by: Carolyn V. Metnick & Gianfranco Spinelli
Strategic IP Planning for AI Companies: Protecting Intangible Assets
Best Practices in Developing Winning IP Strategies for AI Companies
by: Anthony de Fazekas & Terri Shieh-Newton, PhD
Artificial Intelligence Complexities Legislation
Reining in AI: Stretch Existing Laws or Pass New Legislation?
by: Tom Martin
Amendments to Artificial Intelligence Litigation Use
Changes Proposed to the Federal Rules of Evidence to Address AI Usage
by: William M. Carlucci & Kaitlyn E. Stone
Employee Use of AI in the Workplace
AI in Your Workplace - Video
by: Jonathon K. Hance & Amber K. Dodds
AI Under a Second Trump Term
AI Under a Second Trump Administration — AI: The Washington Report
by: Bruce D. Sokler & Alexander Hecht
AI Images may be scanned for authenticity
Microsoft Filed Patent Application on Method for Eliminating Artificial Intelligence Hallucinations
by: Data Privacy & Cybersecurity Robinson Cole
The Trump Administration's Lead AI Regulating Bot
Post-Election Outlook for Regulation of Artificial Intelligence
by: Dan H. Renberg & Oliver Spurgeon III
Artificial Intelligence Fashion Industry Insights
AI & the Fashion Industry: What Is Next for Your Company?
by: Anthony V. Lupo & Dan Jasnow
CA Privacy Protection Agency Focuses on AI and Cybersecurity
California Privacy Protection Agency Advances Rulemaking on AI and Cybersecurity Audits
by: Jason C. Gavejian & Joseph J. Lazzarotti
AI and Inclusive Hiring Framework
DOL's AI Hiring Framework Offers Employers Helpful Guidance on Combatting Algorithmic Bias
by: Kathleen D. Parker & Taylor J. Arluck
DOL Guidance on AI and Well-Being
Happy Workers and Robots? DOL Guidance on AI and Well-Being
by: Whitney J. Jackson & Anne R. Yuengert
more Artificial Intelligence headlines

Environmental, Social, Governance

EPA’s Review of Studies on Pesticides
EPA Announces the Availability of Thousands of Records on EPA’s Review of Studies on Pesticides
by: James V. Aidala & Lisa R. Burchi
SEC Issues Risk Alert About Greenwashing and ESG Disclosures
by: Jacob H. Hupart
All Things Chemical: Election Outcome — A Conversation with James V. Aidala and Mark J. Washko [Podcast]
by: Lynn L. Bergeson
What the Evian "Carbon-Neutral" Ruling Means for Advertisers
by: Catherine E. O'Brien
BOEM Announces Comment Period on California Offshore Wind Programmatic Environmental Impact Statement
by: Nathan Barbara
EPA Finalizes Revisions to PBT Rules for DecaBDE and PIP (3:1)
by: Ryan J. Carra & Mark N. Duvall
DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA
by: Rebecca W. Foreman & Mattie Bowden
Senator Markey Reintroduces Legislation to Amend the Toxic Substances Control Act and Provide Grants to Remediate Toxics in Schools
by: Mark J. Washko
DOE Releases SAF Grand Challenge Roadmap Implementation Framework
by: Lynn L. Bergeson & Carla N. Hutton
EPA Releases National Strategy to Prevent Plastic Pollution
by: Lynn L. Bergeson & Carla N. Hutton
DC Circuit Rejection of CEQ Authority Leaves NEPA Review in Limbo
by: E. Gail Suchman & James Rusk
view more ESG law headlines

International Law News

China Relaxes Foreign Investment Restrictions in Healthcare Sector
Relaxation of Long-Standing Restrictions on Foreign Investment in the Healthcare Sector in China
by: Peter Lu
Electronic Travel Authorization for UK Travel
Electronic Travel Authorisations for Visitors to the UK Extended to Most Non-EU Nationalities from Today
by: Magali Ferreyra Alvarez
Mexican Political Decisions Pose Challenges
New Political Decisions Pose Challenges for Foreign and Local Investors
by: Roland Potts & Daniel Aranda
Guangdong High Court Affirms Trade Dress Protection Post-Patent Expiry for Casio Watches
Guangdong High People’s Court: Design Protection Remains After Design Patent Expiration
by: Aaron Wininger
EU AI Act on Human Resources Activities
The Impact of the EU AI Act on Human Resources Activities
by: David Dumont & Sarah Pearce
United Kingdom Specialist Competition Tribunal
UK's Specialist Competition Tribunal Issues Rare Guidance for Brands—Back to the Basics on Selective Distribution, Rpm and Online Sales Bans
by: Michal Kocon & Jennifer P.M. Marsh
Dutch Appeals Court Rules on Shell
Dutch Appeals Court Rules That Shell Does Not Need to Reduce Its CO2 Emissions by Specific Amount
by: Jacob H. Hupart
More international law headlines

Federal Law News

OFCCP Releases Nov CSAL, Identifying Contractors for Audits
OFCCP Issues First FY 2025 CSAL, Targeting 2,000 Establishments of Supply and Service Federal Contractors and Subcontractors for Audits
by: T. Scott Kelly & Lauren B. Hicks
DEA Extends Telemedicine Prescribing Flexibilities Through 2025
Still in Telemedicine Limbo: DEA Issues Third Temporary Rule Extending Controlled Substance Prescribing Flexibilities Through December 2025
by: Joelle M. Wilson & Laura D. Pone
DEA Extends Telemedicine Flexibilities for Controlled Medications
DEA Issues Third Extension to Public Health Emergency Telemedicine Prescribing Flexibilities, Through 2025
by: Audrey Davis & Daniel L. Fahey
Plan Now: Maximize Gift and Estate Tax Exemption Before 2026
Federal Estate and Gift Tax Changes in 2026: What is on the Horizon, or Sunset Rather?
by: Rochelle B. Falk & Stephen J. Bahr
Key Tax Guidance and Notices (November 4–8, 2024)
Weekly IRS Roundup November 4 – November 8, 2024
by: Kevin Spencer & Evan Walters
Health Care Administration Regulation Update
McDermott+ Check-Up: November 15, 2024
by: Debra Curtis & Kristen O’Brien
U.S. Department of the Treasury issues final regulations
U.S. Department of the Treasury Issues Final Regulations Implementing Executive Order 14105 Targeting Tech Investment in China
by: John R Ingrassia
Corporate Transparency Act: BOIR Filing Deadline Approaches on January 1, 2025
The Corporate Transparency Act: What You Need to Know Ahead of the January 1, 2025 Deadline
by: Nika B. Palama & Jeffrey S. Gardner
more federal law headlines

State Law News

Missouri’s Proposition A: Minimum Wage Hike & Paid Sick Leave Mandate
Understanding Proposition A’s Impact: Key Changes to Missouri's Minimum Wage and Paid Sick Leave
by: Rachel H. Berg & Erin D. Schilling
California Supreme Court Clarifies PAGA Intervention Rules in Turrieta v. Lyft
Hate to Be Mean, PAGA Plaintiffs Can’t Intervene
by: Philip Person & Bailey McCabe Hashim
Massachusetts Wiretap Law
Litigation Under Wiretap Law and What Website Owners Need to Know
by: Jason C. Gavejian & Joseph J. Lazzarotti
Massachusetts Trustee Duties and MPIA Adjustments
Massachusetts Supreme Judicial Court Upholds Trustee’s Adjustment from Principal to Income
by: Mathilda S. McGee-Tubb & Quinn R. Hetrick
Indiana Court of Appeals Rules on Noncompete Agreement Validity and Overbreadth
Indiana Appeals Court Rejects Noncompete that Prevented Work in Any Capacity
by: John A. Drake & Zachary V. Zagger
Key Compliance Requirements for New Jersey Community Associations: Reserve Studies, CTA, and Structural Integrity
Ensuring Compliance for NJ Community Associations: Key Requirements and Deadlines
by: Community Associations Team- Stark & Stark & Mary W. Barrett
Nebraska’s Consumer Privacy Law
Nebraska’s Consumer Privacy Law Takes Effect Soon and Targets Businesses Selling Personal Data
by: Michael B. Katz & Cynthia J. Larose
more state law headlines
 
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