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Emerging Legal News

China’s semiconductors and microelectronic Trade Regulation

Treasury Department Publishes Notice of Proposed Outbound Investment Rule

Texas District Court Blocks DOL Rule Increasing Salary Level for Exempt Employees. But Rule Enjoined as to State of Texas Employees Only (For Now)

by: Justin R. Barnes & Jeffrey W. Brecher

Federal Court Delays EEOC’s Pregnant Workers Fairness Act Abortion Accommodation in Louisiana, Mississippi

by: Christine Bestor Townsend & Stacy M. Bunck

Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’ to Federal Agencies: What It Means for Employers

by: Stephanie L. Adler-Paindiris & Patricia Anderson Pryor

First Major US Lawsuit Against University Head Coach and Boosters Over Alleged Failed NIL Deal

by: Lauryn B. Durham

Landmark Rulings in Jarkesy and Loper Bright to Reset Course of Federal Administrative Law

by: Dominic E. Draye & Andrew Tsui

Chevron Deference No Longer – Supreme Court Overturns Cornerstone of Administrative Law

by: Shawn T. Cobb & Jennifer Jeffers

The End of Chevron Deference: What the Supreme Court's Ruling in Loper Bright Means for the Regulated Community

by: Varu Chilakamarri & Mark Ruge

Game Over: Court Dismisses Class Action Lawsuit Over Gaming Computer Performance

by: Baldassare Vinti & Anisha Shenai-Khatkhate

In Purdue Pharma, the Supreme Court Fires a Canon of Construction Through Non-Consensual Third-Party Releases (US)

by: Justin Cloyd

SEC v. Jarkesy: A Groundbreaking Supreme Court Decision with Significant Implications for Securities Enforcement

by: Richard M. Cutshall & Barbara A. Jones

Featured Articles

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Supreme Court Limits SEC’s Enforcement Power to Penalize Fraud

by: John P. Stigi III & Melissa M. Mikail

In Securities and Exchange Commission v. Jarkesy, No. 22-859, 2024 WL 3187811 (U.S. June 27, 2024), Supreme Court held that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a trial by jury.

Supreme Court Overturns Chevron Deference, Altering Agency Rulemaking Authority

Supreme Court Issues Landmark Decision Upending Deference to Federal Agencies

by: T. Scott Kelly & Scott R. McLaughlin

On June 28, 2024, the Supreme Court of the United States upended the 40-year-old doctrine whereby federal courts gave deference to administrative agencies’ reasonable interpretations of federal statutes.

Supreme court rules jury trial available under for enforcement action

Supreme Court Finds SEC’s In-House Adjudicative Proceedings Violated Seventh Amendment Right to Jury Trial

by: Brian E. Hayes & Zachary V. Zagger

On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment.

June 2024 Legal Industry News Updates: Law Firm Hiring and Expansion, Industry Awards and Recognition

by: The National Law Review Editorial Team & Catie Whalen

Welcome back to another edition of our legal industry news roundup, and happy summer from the whole team at the National Law Review! Please read below for the latest in law firm hiring and expansion news and key industry awards and recognition.

Supreme Court Upholds Doctrine of Consular Non-Reviewability

Supreme Court Upholds Consular Discretion in Visa Denials

by: Stephen R. Pattison

For the second time in the past ten years, the Supreme Court has upheld the doctrine of consular non-reviewability of visa decisions and denied relief to the U.S. citizen spouse seeking to challenge the denial of a visa to a spouse.

Executive Order limits bulk data transactions

Data, Deals, and Diplomacy: How the Bulk Data Executive Order Will Shape Future Contracts and Security Practices

by: Townsend L. Bourne & Jordan Mallory

For companies in the U.S. that hold certain personal data and U.S. Government-related data, rules stemming from recent Executive Order 14117 on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” may create obstacles and new compliance obligations.

Understanding Artificial Intelligence Hallucinations

A Lawyer’s Guide to Understanding AI Hallucinations in a Closed System

by: Jonathan Ciottone

Understanding AI and the possibility of hallucinations in a closed system is necessary for the use of any such technology by a lawyer. AI has made significant strides in recent years, demonstrating remarkable capabilities in various fields, from natural language processing to large language models to generative AI.

Most IRS Employee Retention Credit Claims Rejected or Examined

IRS to Deny or Examine Vast Majority of Employee Retention Credit Claims

by: Marvin A. Kirsner

On June 20, the Internal Revenue Service issued a news release regarding the status of over one million pending employee retention credit (ERC) refund claims filed before Sept. 14, 2023, when it announced a moratorium on processing new ERC claims so that it could more closely review the backlog of pre-moratorium claims

Pregnancy Workers Fairness Act Implementation

EEOC Unveils Final Rule Implementing Pregnant Workers Fairness Act PWFA

by: Johnine P. Barnes & Shirin Afsous

Effective June 18, employers covered by Pregnancy Workers Fairness Act (PWFA) are required to offer reasonable workplace accommodations to workers who are pregnant or have a condition related to pregnancy or childbirth. PWFA applies to covered entities, which include public and private employers with 15 or more employees

Supreme Court Fair Labor Standards Act Burden of Proof

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

by: Allan S Bloom & Philippe A. Lebel

U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its workers are exempt from the minimum wage and overtime requirements imposed by the Fair Labor Standards Act (“FLSA”).

Purdue Supreme Court Decision and Chapter 11 overview

Supreme Court’s Purdue Decision Requires Nationwide Adoption of 5th Circuit Bankruptcy Practice on Third-Party Releases

by: Tyler P. Brown & Brian M. Clarke

On June 27, 2024, the Supreme Court issued its opinion in Harrington v. Purdue Pharma L.P., 603 U.S. ____ (2024) holding that the Bankruptcy Code…

Supreme Court Overturns Chevron Weakening Federal Regulators

"Chevron is overruled."

by: Sarah Y. Dicharry

This morning, the United States Supreme Court issued its opinion in Loper Bright Enterprises et al. v. Raimondo et al., 603 U.S. ___ (2024),…

POLITICAL MESSAGES IN THE SPOTLIGHT: WSJ Article on Stopping Unwanted Political Texting May Prompt Even More TCPA Litigation

by: Eric J. Troutman

Removal of Conditions

by: Immigration Practice Mintz Levin

Beltway Buzz, June 21, 2024

by: James J. Plunkett

Is Your Business Ready for Chicago’s Paid Leave and Paid Sick and Safe Leave Ordinance?

by: Alison B. Crane & James Hager

Implications of Executive Action for Family Unity and Retention of DACA Talent for Employers and Individuals

by: Tejas Shah & M. Mercedes Badia-Tavas

The Future of Hemp-Derived THC

by: Marc A. Polito

The Expected Arrival Is Now Here: Pregnancy Fairness Regs Are in Force (Almost Everywhere)

by: Anne R. Yuengert & Cortlin Bond

Courageous Conversation on Mental Health Challenges & Approaches [Podcast]

by: Health Care & FDA Practice at Greenberg Traurig

Public Notices

Post Your Public Notice Today!

Commercial Receivers Association (CRA) Adds New State Directors from East to West with the Appointments of Washington D.C.’s Mark Owens and Washington State’s …

PUBLIC NOTICE OF UCC ARTICLE 9 SALE: AMP Enterprises Holdings Inter, LLC, AMP Alarm, LLC, AMP Security, LLC, Alarm Monitoring Protction, Inc, AHS Services, LLC…

Discover more public notices

California News Updates

California Legislature Passes PAGA Reform Bills AB 2288 and SB 92

California’s PAGA Reform Deal Speeds Closer to Becoming Law

by: Kirk A. Hornbeck & Steven A. Morphy

Client Alert: California Division of Mine Reclamation to Increase SMARA Enforcement

by: Abigail Contreras

California Senate Passes Data Extraction Tax Proposal

by: Nikki E. Dobay & Samantha K. Trencs

Cal/OSHA Passes Indoor Heat Regulation

by: Joshua M. Henderson & Sierra Vierra

Does Jarkesy Negate Administrative Penalties Under The California Corporate Securities Law?

by: Keith Paul Bishop

Gov. Newsom Announces Landmark Private Attorneys General Act Reforms

by: Ellen M. Bandel

California AG Continues Privacy Enforcement: Tilting Point Media Settles for Alleged COPPA and CCPA Violations

by: Mallory Acheson, CIPM & Jack Pringle, CIPP/US

More Emerging Legal News

McDermottPlus Check-Up: June 28, 2024

by: Debra Curtis & Kristen O’Brien

What Should Employers Be Doing Now to Best Protect Their Business Interests?

by: Daniel R. Levy

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

by: Stephen E. Fox & Jonathan E. Clark

Supreme Court Overrules Chevron in Far-Reaching Decision Limiting the Power of Administrative Agencies

by: Jason C. Hicks & Ian Dickinson

Codifying the Experimental Use Exception? USPTO Seeks Public Input

by: Alexander P. Wharton & Daniel M. Attaway

US Supreme Court Holds in Jarkesy That SEC Cannot Seek Civil Penalties for Securities Fraud Without a Jury

by: Michael K. Molzberger & Paul E. Greenwalt III

Federal Court Confirms that Failing to Accommodate an Employee’s Religious Objections to a Vaccine Requirement Can Violate Title VII

by: Stephanie R. Setterington & Elizabeth Wells Skaggs

SCOTUS Update: Supreme Court Clarifies Organizational Standing in FDA-Related Ruling

by: J. Michael Showalter & Sarah L. Lode

CRISIS OF CERTAINTY: U.S. Supreme Court Throws Out Chevron Deference–And TCPAWorld Will Never Be the Same

by: Eric J. Troutman

Denial of Insurers’ Motion to Dismiss Is Reminder of Powerful Tool for New York Policyholders

by: Syed S. Ahmad & Joseph T. Niczky

more emerging legal news

Artificial Intelligence

Harnessing Generative AI for Efficient Discovery in Litigation

Litigation Minute: Putting Generative AI to Work in Discovery

by: Alicia M. Hawley

Treasury Proposes Rule to Limit Outbound Investments in AI and Other Technologies — AI: The Washington Report

by: Bruce D. Sokler & Alexander Hecht

AI in Financial Services: Legal Risk

by: Graham H. Ryan

Exploring Best Practices for the Use of Artificial Intelligence in Advertising

by: Cynthia Martens

Massachusetts Attorney General Clarifies Position on Artificial Intelligence

by: Melanie A. Conroy & Kyle J. Glover

Proposed Outbound Investment Regulations: Understanding the New Restrictions on U.S. Outbound Investments in Artificial Intelligence (AI), Semiconductors, and Quantum Computing

by: Curtis M. Dombek & Lisa C. Mays

Transforming Supply Chains: The Pivotal Role of AI in Advancing ESG Goals

by: Bruce White

AI in Family Offices: A Closer Look at Privacy, Confidentiality, and Fiduciary Responsibility

by: Hanna R. Dameron & Tracy L. McLaughlin

How AI Can Address Manufacturing Supply Chain Issues

by: Sean C. Griffin

Senators Introduce Bill for AI Procurement and Use by Federal Agencies — AI: The Washington Report

by: Bruce D. Sokler & Alexander Hecht

AI Visual Media Increasingly Draws Investor Attention

by: Louis Lehot

more headlines about AI and the law

Business of Law

Mikle Jew Focus on Litigation and Client Connections

Path & The Practice Episode 111: Mikle Jew, Senior Counsel [PODCAST]

by: Mikle S. Jew & Alexis P. Robertson

How to Effectively Integrate New Lateral Hires Using Marketing

by: Stefanie M. Marrone

Bringing Your Closing Arguments to Life [Video]

by: Joseph Drayton

Are You LinkedIn or LinkedOut? Why Lawyers and Senior Business Professionals Need to Master LinkedIn

by: Stefanie M. Marrone

How to Create an Effective Marketing Strategy for Your Law Firm

by: Stefanie M. Marrone

Why Mediators, Arbitrators and Lawyers Should Incorporate Video Content into Their Marketing Efforts

by: Stefanie M. Marrone

11th Circuit Concurrence Makes ‘Modest Proposal’ for Use of AI-Powered Large Language Models in Legal Interpretation

by: Kevin J. Quilty

Elevate Your Content Strategy: Why You Should Repackage Your Top Posts

by: Stefanie M. Marrone

How to Strengthen Your Network Through Daily Social Media Engagement

by: Stefanie M. Marrone

Best Practices for Announcing a Law Firm Name Change

by: Stefanie M. Marrone

The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners

by: Chris S. Edwards

more business of law headlines

Environmental, Social, Governance

White House Office of Science and Technology Policy biotech actions

Biden-Harris Administration Announces Actions to Accelerate U.S. Domestic Biomanufacturing Capacity

by: Lynn L. Bergeson & Carla N. Hutton

Republican Lawmakers Submit Amicus Brief Urging Eighth Circuit to Void SEC's Mandatory Climate Disclosure Rule

by: Jacob H. Hupart

Eyes on the Inflation Reduction Act (IRA): Biden Administration Races to Implement Historic Clean Energy and Environmental Programs

by: Austin Harrison & Michael D. Hawthorne

There Is More to TSCA Reporting Than CDR: TSCA Sections 8(a), (c), (d), and (e)” Webinar, Featuring Dave Turk and Stephanie Griffin from EPA OPPT [Recording]

by: Lynn L. Bergeson & Richard E. Engler, Ph.D.

EPA Announces New Initiatives to Improve Efficiency, Worker Protections, and Transparency in New Chemical Reviews

by: Lynn L. Bergeson & Carla N. Hutton

Energy & Sustainability Washington Update — July 2024

by: R. Neal Martin

Eco-Friendly Claims Under Fire: The Legal Risks of Greenwashing for Businesses

by: Baldassare Vinti & Jessica M. Griffith

Driving Sustainable Growth: ESG Metrics and Compliance Guidance from Energy & Technology Industry Leaders

by: Scot Anderson & Mark P. Henriques

view more ESG law headlines

International Law News

Defra Consults on Proposal to Amend UK REACH Use and Exposure Information Requirements

by: Lynn L. Bergeson & Carla N. Hutton

Temporary Protected Status Extended for El Salvador, Honduras, Nepal, Nicaragua, Sudan

by: Amy L. Peck & Michael H. Neifach

DHS Extends Temporary Protected Status for Haiti to Feb. 2026

by: Forrest G. Read IV

Treasury Department Issues Proposed Rules Restricting U.S. Investments In China

by: Clinton K. Yu & Linda M. Weinberg

Another Foot in the Grave of Workplace Common Sense? (UK)

by: David Whincup

Latest Instalment on Settlement Agreements Covering Future Claims (UK)

by: David Whincup

Cross-Border Catch-Up: Top 5 International Jurisdictions for Employment Law [PODCAST]

by: Shirin Aboujawde & Skye Hao

More international law headlines

Federal Law News

Investing in SAFE and Convertible Note Rounds ꟷKnow Your Bedmates!

by: Alex Allemann

Early-stage companies often rely on Simple Agreements for Future Equity (SAFEs) and convertible promissory notes to raise capital either prior to a company’…

It Just Got More Difficult to Qualify For Subchapter V Bankruptcy

by: Lance P. Martin

Subchapter V of Chapter 11 of the Bankruptcy Code, which took effect four years ago, creates a more streamlined and less expensive Chapter 11 reorganization path for small business debtors.

Popular from the jump,…

Subchapter V of Chapter 11 of the Bankruptcy Code Qualifications

Commerce Department Bans Kaspersky Software in US

by: Linn F. Freedman

In the Biden Administration’s continuing effort to reduce the risk of cybersecurity spyware from foreign adversaries, including Russia, the United States Department of Commerce (Commerce) issued a final rule (Rule) on June 16, 2023, entitled “Protecting Ame…