Emerging Legal News

NASAA EFD Platform Migration Starts Jan. 2025
NASAA Electronic Filing Depository Platform Migration: Changes and Deadlines Effective January 2025
by: Michele A. Kulerman & Richard M. Cutshall
PTAB rules on patent rejection
A Later-Filed, Later-Expiring Unrelated Patent is Not a Proper Reference Patent for an Obviousness-Type Double Patenting Rejection
by: Alexander R. Trimble, PhD
Hurricane Relief Granted for Some CTA Filings in 2024
Certain Corporate Transparency Act Reporting Companies Impacted by Recent Hurricanes May Have Additional Time to Comply with the Act - But Most Will Not
by: Erika H. Stinnett
Post-Election Impacts on State Taxes and Revenue Projections
GeTtin’ SALTy Episode 41 | Post-Election Conversation about State Elections [Podcast]
by: Nikki E. Dobay
USPTO issues final fees for 2025
USPTO Publishes Final Fees for 2025
by: Courtenay C. Brinckerhoff
New License Eases Space Export Rules
Ticket to Ride – The Commercial Space Activity Exception and Space Tourism: Reduced Export Controls Ease Cross-Border Collaborations (Part IV of IV)
by: Reid Whitten & Jonathan Wang
Committee on Foreign Investment 2024 takeaways
Committee on Foreign Investment in the U.S. Highlights 2024 Increased Enforcement and Active Rulemaking
by: Clinton K. Yu
Supreme Court corporate veil piercing decision
A New Way to Pierce the Corporate Veil: Disgorging Profit from Corporate Affiliates
by: Rachel B. Goldman & Russell W. Gallaro
Law Office Brand Building Tips
How to Maximize Your Brand’s Earning Potential Before Year-End and Prepare for a High-Impact 2025
by: Stefanie M. Marrone
NJ District Court rules on product liability for fire alarms
NJ District Court Issues Warning to Product Manufacturers Advertising Regulatory Approval
by: Andrew J. Heck
Ruling on Department of Labor's Fair Labor Standards Act rule
Department of Labor’s New Overtime Rule Overturned by Federal Court in Texas
by: Katherine Kazarian
DOJ evaluates corporate compliance programs
Honest Corporate Disclosure Dims Under New DOJ Evaluation of Corporate Compliance Programs
by: Whistleblower Law at Kohn Kohn Colapinto
2024 TCPA Rulings: Negative Trends for Defendants and Key Case Analysis
WORSE: Huamana Stuck in TCPA Class Action And iIs Another Example of A Court Making Quick Work of a Meritorious TCPA Challenge [Video]
by: Eric J. Troutman
2024 AJEI Summit: Insights into Appellate Advocacy, Judicial Integrity, and Legal Innovation
Reflections from the 2024 AJEI Summit: A Focus on Appellate Innovation and Integrity
by: Chris S. Edwards
Third Circuit Rules Preliminary OSHA Reinstatement Orders Unenforceable After Administrative Dismissal
Third Circuit Refuses to Enforce Preliminary Reinstatement Order Issued By OSHA
by: Margo R. Richard & Pinchos (Pinny) Goldberg
FDA Issues 2024 Guidance on Electronic Records and Systems in Clinical Investigations
FDA Clinical Investigations: New Guidance on Electronic Systems
by: Alexandra B. Maulden & Kyle Y. Faget
Alternative Strategies for Protecting Trade Secrets Amid Non-Compete Scrutiny
Spilling Secrets Podcast: Beyond Non-Competes - IP and Trade Secret Assessment Strategies for Employers [Podcast]
by: Daniel R. Levy & Gregory (Greg) J. Krabacher
Avoiding Common Supply Chain Compliance Pitfalls: Key Insights and Best Practices
What Every Multinational Company Should Know About … The Most Common Supply Chain Risk-Management Failures (Part I)
by: Kathleen E. Wegrzyn & Dorothy E. Watson
Five Best Practices for Periodic Customs Compliance
Five Compliance Best Practices for … Customs Housekeeping
by: Gregory Husisian
Court Strikes Down DOL’s FLSA Salary Threshold Rule Nationwide
Federal Judge Strikes Down DOL’s New Overtime Rule
by: Abby M. Warren & Madison C. Picard
FLSA Overtime Exemption
That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption
by: Lauren M. Vogel & Anne R. Yuengert
Emerging Legal News continues below

Featured Articles

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Attorney General Cannabis Implications
Matt Gaetz Nominated as Attorney General: A Discussion Limited to Cannabis Implications
by: Whitt Steineker

Over the last week, I have had water cooler-type conversations about President-elect Trump’s nominations to his would-be cabinet. Most of them have been policy-based and levelheaded. The nomination of Matt Gaetz as attorney general had people running into my office asking if I had heard the news.

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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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CTA Filing Deadline is Approaching
The CTA Filing Deadline is Approaching. Is Your BOIR Filed Yet?
by: Vaishali Goyal & Ling W. Kong

The clock is ticking—just 49 days remain until the one-year filing deadline for the Corporate Transparency Act (CTA)! Entities established before January 1, 2024, must submit a beneficial owner information report (BOIR) by December 31, 2024.

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Rise of Product Liability Tort Litigation
Artificial Intelligence and the Rise of Product Liability Tort Litigation: Novel Action Alleges AI Chatbot Caused Minor’s Suicide
by: Katherine A. Spicer & Julia B. Jacobson

A case recently filed in Florida federal court, Garcia v. Character Techs., Inc., No. 6:24-CV-01903 (M.D. Fla. filed Oct. 22, 2024) (Character Tech) is one to watch. Character Tech pulls from the product liability tort playbook in an effort to hold a business liable for its AI technology.

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Healthcare Cybersecurity Faces Overhaul With Proposed HISAA Act
HIPAA Gets a Potential Counterpart in HISAA
by: Kevin Wood

As the adage goes, it is not a matter of “if” a breach or security hack occurs; it is a matter of “when.” At no time was that more evident earlier this year when the healthcare industry was hit with the widespread ransomware attack on Change Healthcare, a subsidiary of the United Health Group.

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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
Successor Trustees In A Trust Document
Court Reversed A Summary Judgment On Whether A Power Of Attorney Agent For A Settlor Had The Authority To Change The Designation Of A Successor Trustees In A Trust Document
by: David Fowler Johnson
340B Litigation Updates: Stay Informed on Key Developments
This Week in 340B: October 1 – 7, 2024
by: Emily J. Cook & Jae Hyun Lee
more Featured Legal Headlines

Public Notices

2024 Election News

Trump's Proposed Tariffs and Their Impact on U.S. Importers
Trump Administration Tariffs: Considerations for U.S. and Global Companies
by: Laura Siegel Rabinowitz & Donald S. Stein
Trump’s Second Term Brings Stricter Immigration Policies
President Trump Redux – Potential Impacts on the Immigration Landscape
by: John F. Quill
State Minimum Wages and Other Workplace Issues
Voters Decide on State Minimum Wages and Other Workplace Issues
by: Michael S. Kun & Paul DeCamp
Presidential Election An Extraordinary Occasion
Was This Week's Presidential Election An "Extraordinary Occasion" And Why Ask?
by: Keith Paul Bishop
Anticipating immigration policies under 2nd Trump administration
Potential Immigration Policies in a Second Trump Administration
by: Laura Foote Reiff & Rebecca B. Schechter
What Employers Need to Know Today
Post-Election Flash Update (US): What Employers Need to Know Today
by: Gabrielle Martin
AI Regulation and Growth Under a Second Trump Presidency
Now that Trump is President Again, What Will Happen to AI Regulations?
by: Harshita K. Ganesh
Employee Stress After Election Day
Employment Law This Week Episode 366: How to Navigate Employee Stress After Election Day [Podcast]
by: Susan Gross Sholinsky & Michael S. Ferrell
more 2024 Election news

More Emerging Legal News

What Every Multinational Company Should Know About … The Most Common Supply Chain Risk-Management Failures (Part I)
by: Kathleen E. Wegrzyn & Dorothy E. Watson
Five Compliance Best Practices for … Customs Housekeeping
by: Gregory Husisian
Federal Judge Strikes Down DOL’s New Overtime Rule
by: Abby M. Warren & Madison C. Picard
That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption
by: Lauren M. Vogel & Anne R. Yuengert
Private Equity Dives into Niche Sports
by: Lyman Thai & Brian C. Wheeler
NLRB General Counsel Targets “Stay-Or-Pay” Provisions and Announces Expanded Remedies For Non-Competes
by: Christy E. Bergstresser & Kevin J. White
Theft and Conversion as the Basis for a Violation of Section 337
by: Adam R. Hess & Woli I. Urbe
How to Prepare for the Upcoming Filing Deadline Under the Corporate Transparency Act (CTA)
by: Bryce Ellis & Keith Paul Bishop
NLRB Overturns Two Decades-Old Precedents Relating to What Employers Can Say to Employees Regarding Views on Unions
by: Anthony B. Haller & Gabrielle I. Weiss
Click! FTC Updates Its Negative Option Rule
by: Liisa M. Thomas & Kathryn Smith
Unpacking Johnson & Johnson’s Lawsuit Over 340B Rebate Model
by: Laurence J. Freedman & Xavier G. Hardy
2025 Private Equity Trends Outlook
by: Gregory S. Fine & Kari K. Harris
CFPB Urges States to Fill Gaps in Federal Financial Privacy Statutes
by: Timothy A. Butler & Matthew M. White
more emerging legal news

Artificial Intelligence News

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
Trump Administration's Artificial Intelligence AI Policy Plan
Upcoming Changes to AI Regulation in the New Administration
by: Jeffrey D. Neuburger
Intersection of Data Scraping and AI
Navigating the Intersection of Data Scraping and Artificial Intelligence–A Global Data Protection Authorities Take
by: Claude-Étienne Armingaud
Law Offices using AI can have great advantages
The Expanding Domain of AI and the Law
by: Dr. Lance Eliot
DOL Issues New AI Guidelines to Safeguard Employee Rights
DOL Issues Updated Guidance on Employers’ Use of AI in the Workplace
by: Jeffrey D. Coren & Joseph J. Flanagan
Federal Agencies Take Action on AI
Federal Agencies Take Action on AI One Year After AI Executive Order — AI: The Washington Report
by: Bruce D. Sokler & Alexander Hecht
FTC Takes Action Against Fake Reviews: Proposed Order Against Sitejabber
Privacy Tip #420 – Is that Consumer Review Real or Generated by AI?
by: Linn F. Freedman
more Artificial Intelligence headlines

Environmental, Social, Governance

Offshore wind energy under Trump Administration
Offshore Wind in the Second Trump Administration
by: Samuel Zarkower
Natural Gas Survives Election, Aims to Thrive Post-Election
by: Timothy J. Furdyna & Derek B. Kalbfleisch
How to Effectively Utilize the MSHA Closeout Conference
by: William K. Doran & Margaret S. Lopez
FDA Requests Information on PFAS in Seafood
by: Food and Drug Law at Keller and Heckman
EPA Issues ANPRM under TSCA Section 6 on 6PPD and 6PPD-Quinone
by: Lynn L. Bergeson & Richard E. Engler, Ph.D.
EPA Region 1 Doubles Down on Unprecedented Effort to Require Stormwater Permits for an Expansive Range of Formerly Unregulated Properties
by: Erika H. Spanton & Richard S. Davis
Natural Gas Survives Mid-Term Election; Aims to Thrive Post-Election
by: Timothy J. Furdyna & Derek B. Kalbfleisch
The Fate of the New U.S. Climate Change Rules Under the New Republican Administration; Certain States are Expected to Ramp Up Their Climate Change Efforts
by: Frank Zarb & Rachel E. Lowe
S.D.N.Y. Waters Down Prior Ruling on “Carbon Neutral” Consumer Deception Claim
by: Baldassare Vinti & Jeffrey H Warshafsky
Recent Federal Developments for November, 2024
by: Lynn L. Bergeson & Lisa M. Campbell
EPA Releases Third Annual PFAS Strategic Roadmap Report
by: Lynn L. Bergeson & Carla N. Hutton
view more ESG law headlines

International Law News

Federal Law News

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
4 IRS Tax Relief Strategies Every Taxpayer Should Know
4 IRS Tax Relief Strategies
by: Dr. Nick Oberheiden
DEA Reschedules Marijuana Rescheduling
DEA Reschedules Rescheduling, and I’m Feeling a Little Like Charlie Brown Trying to Kick the Football
by: Whitt Steineker
IRS Interim Guidance Under Secure 2.0
IRS Interim Guidance Under Secure 2.0 On “Inadvertent Benefit Overpayments”
by: Raymond P. Turner
FERC Rejects Susquehanna Plant Amendments, Raising AI Concerns
FERC's Rejection of Data Center Co-Location Amendments to a Pennsylvania Nuclear Power Plant's Interconnection Agreement Raises Big Questions About What's Next
by: Nathan H. Carrier & Maria C. Faconti
more federal law headlines

State Law News

Hillsborough County Sales Tax Adjustments Starting January 2025
Hillsborough County Sales Tax Changes: What Businesses (and Consumers) Need to Know.
by: Dan McGinn & H. French Brown
CDPH Supplement Warning Label Petition
California Department of Public Health Rejects Petition Requesting Synthetic Dye Warnings
by: Food and Drug Law at Keller and Heckman
Commercial Texting Prohibition on the Rise
Litigation Regarding Refer-a-Friend Programs Under Long-Standing Washington Commercial Texting Prohibition on the Rise
by: Ryan L. Gillcrist & Kyle Kessler
Oregon Dram Shop Statute
Oregon Supreme Court Decides Dram Shop Statute Is Partially Constitutional
by: Michael Lowry
Maryland’s Impending FAMLI Program
Maryland’s Impending FAMLI Program: What Employers Need to Know Now
by: Kathleen A. McGinley & Lindsey White
Massachusetts Expands Earned Sick Time and Maternal Health Access
Newly Enacted Law Expands Earned Sick Time in Massachusetts
by: Nathanael E. Wright
Proposition 34: New Spending Restrictions on California 340B Providers
California Ballot Proposition 34 Targets Spending by Certain 340B Covered Entities
by: Emily J. Cook & Patrick C. Moore
more state law headlines
 
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