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Emerging Legal News

Court Affirms Modification Of Trust That Relied On Extrinsic Evidence And Contradicted Express Trust Terms

Lost-Premium Damages under Merger Agreement – Proposed Amendment to the DGCL in Light of Crispo vs. Musk

Supreme Court Holds that District Courts Must Stay – Not Dismiss – Actions Brought by Parties Subject to Binding Arbitration Agreements

by: Anna S. McLean & Abigail M. Miles

FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations

by: Scott R. McLaughlin & Christine Bestor Townsend

SEC Adopts Rule Amendments to Regulation S-P to Enhance Protection of Customer Information

by: Robert H. Sutton & Leslie A. Shanklin

CFPB Director Targets Credit Reporting Fees

by: Moorari Shah & A.J. S. Dhaliwal

CFPB Interpretive Rule Holds That BNPL Lenders Are Credit Card Providers

by: A.J. S. Dhaliwal & Mehul N. Madia

Full Federal Circuit Ditches Decades-Old Design Patent Test

by: Gabriella M. Salek & Andrew M. Gross

HUD Updates Home Equity Conversion Rules for Purchases

by: A.J. S. Dhaliwal & Mehul N. Madia

McDermottPlus Check-Up: May 24, 2024

by: Debra Curtis & Kristen O’Brien

Biomedical Company Avoids DOJ Prosecution After First Ever Voluntary Corporate Self-Disclosure of Fraud Under NSD Enforcement Policy

by: D. Jacques Smith & Randall A. Brater

Featured Articles

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Visa Delays Expected at US Embassy Paris Due to 2024 Olympics

United States | State Department Notes Visa Delays at US Embassy Paris

by: BAL U.S. Practice Group

The State Department’s global visa wait times for Paris continue to grow and substantial visa processing delays are expected through mid-September due to the 2024 Paris Olympic and Paralympic Games and D-Day 80th anniversary celebrations.

Generative Artificial Intelligence Risk Draft

NIST Releases Risk ‘Profile’ for Generative AI

by: Leslie F. Spasser & Matt A. Todd

NIST released in draft form the Generative Artificial Intelligence Profile (the "Profile").The Profile identifies twelve risks posed by Generative AI ("GAI") including several that are novel or expected to be exacerbated by GAI. Some of the risks are exotic and new, such as confabulation, toxicity, and homogenization.…

Suppliers Rights in Retail and Hospitality Bankruptcy Case

Understanding Suppliers’ Rights and Remedies in Retail and Hospitality Bankruptcies

by: M. Douglas Flahaut & Jay L. Halpern

In the wake of the recent bankruptcy filings by Foxtrot Market and Red Lobster, with more likely to come, it is crucial for suppliers in the retail and hospitality sectors to fully comprehend their legal standing and options.

Episode 75: Student Visa Trends, Call for Permanent DACA Solution, Significant Visa Delays in France [Podcast]

by: BAL Global Practice Group

The State Department expects significant delays in visa processing in France. Advocates call for a legislative solution for DACA. And with graduation season upon us, BAL Senior Associate Chad Li discusses student visa trends.

Reminder: New Chicago Paid Leave and Paid Sick and Safe Leave Ordinance Coming July 1

by: Matthew J. Feery & Sheryl Jaffee Halpern

The Chicago Paid Leave and Paid Sick and Safe Leave Ordinance will take effect on July 1, 2024. The new ordinance will bring sweeping changes to the leave requirements and obligations of Chicago employers. Employers should review their policies now so that they are prepared when the ordinance takes effect.

USCIS options for laid-off nonimmigrant workers

United States | Reminder: USCIS Lists Options for Laid-Off Nonimmigrant Workers

by: BAL Global Practice Group

Earlier this week, USCIS posted a reminder to foreign nationals to consult the detailed guidance it has made available on its website. USCIS lists options available for nonimmigrant workers who have been laid off, clarifying that leaving the country within 60 days is not the only recourse.

Department of Justice DOJ to reschedule marijuana to Schedule III

Proposed Marijuana Reclassification and Impact on Employers

by: Terence P. McCourt & Jack S. Gearan

On May 16, 2024, the U.S. Department of Justice announced that the Attorney General has submitted a notice of proposed rulemaking initiating a formal rulemaking process to consider moving marijuana from a Schedule I to a Schedule III controlled substance.

HHS OCR Reproductive Health Care Privacy

HHS Publishes Final Rule to Support Reproductive Health Care Privacy

by: Karen Mandelbaum & Allen R. Killworth

The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to eliminate the federal constitutional right to abortion continues to alter the legal landscape across the country. U.S. Department of Health and Human Services published the “HIPAA Privacy Rule to Support Reproductive Health Care Privacy"…

6 Strategies for Recruiting Top Legal Talent

by: Samarie Gasper, MBA

Recruiting top-tier legal talent is not merely a goal but a necessity for sustained success. Whether your firm is planning to strengthen expertise in niche practice areas or expand the firm's capabilities, attracting and retaining adequate talent is one of the most critical aspects of the strategic planning process.

…

OSHA Compliance Office and Walkaround worksite Inspection Rule

OSHA's New Walkaround Rule: A Game Changer for Workplace Safety and Compliance [Podcast]

by: Courtney M. Malveaux & Adam D. Hirtz

Starting May 31, 2024, employers will have less control on who can access your workplace.

…

Reviewing venture capital funding trends

What Will it Mean for the Innovation Ecosystem if a Recovery in Venture Fundraising Takes Longer than Expected?

by: Louis Lehot & Natasha Allen

Everyone is watching to see when venture fundraising will rebound. There has been much speculation surrounding when it will bounce back, and …

Keeping Track of Your Data — What You Need to Know about FDA’s Draft Guidance on Data Integrity for In Vivo Bioavailability and Bioequivalence Studies

by: David L. Rosen

Update on FTC Noncompete Ban: Court Challenges Begin

by: James R. Erwin

Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes

by: Bernard G. Dennis III & Amy L. Peck

The FTC Has Banned Non-Competes: What Do Employers in the Energy Space Do Now?

by: Jennifer M. Trulock & John P. Rodgers

Battery Technology Trade Secret Theft Runs Out of Juice

by: Baldassare Vinti & Nicole O. Swanson

United States | Diversity Visa Results Available Online

by: BAL U.S. Practice Group

Federal Trade Commission EEOC Finalizes Rule for the Pregnant Workers Fairness Act Final Rule Banning Most Noncompetes

by: Evandro C Gigante & Atoyia S. Harris

Episode 72: The BAL Immigration Report [Podcast]

by: Frieda Garcia

California News Updates

Fraudulent Student Loan Practices Enforcement Action from CFPB

CFPB Shuts Down Debt Relief Provider Over Fraudulent Student Loan Practices

by: A.J. S. Dhaliwal & Mehul N. Madia

Workplace Strategies Watercooler 2024: California Lite? Expanding Employee Protections in Activist States [Podcast]

by: Jennifer L. Colvin & Laurence A. Shapero

California Assembly Approves Color Additive Ban in Schools

by: Food and Drug Law at Keller and Heckman

When A California Corporation Converts To A California Limited Liability Company, What Happens To Its Nevada Business License?

by: Keith Paul Bishop

Employer Is Not Liable For Malicious Prosecution Against Former Employee

by: Anthony J Oncidi

California Employers Score A Rare Victory On Wage Statement Penalties

by: Anthony J Oncidi

Stock Options Are Not Wages Under The Labor Code

by: Anthony J Oncidi

More Emerging Legal News

Ready to Certify Your Affirmative Action Plans Before July 1, 2024? [Podcast]

by: Lisa B. Marsh & Marolhin D. Mendez

The Domestic Content Bonus Credit’s Promising New Safe Harbor

by: Heather Cooper & Philip Tingle

Proposed Increases to Section 301 Duties on Batteries, Battery Components, and Critical Minerals

by: Lynn G. Kamarck & Tyler J. Kimberly

Supreme Court: Pure Omissions Cannot Support Rule 10b-5(b) Liability

by: Paul M.G. Helms & Caitlyn M. Campbell

NCAA Board Approves Settlement Terms in Antitrust Lawsuits

by: Jared A. Medrano

Workplace Strategies Watercooler 2024: Cybersecurity and Data Privacy Download: Updates, Trends, and Risk Mitigation Techniques [Podcast]

by: Benjamin W. Perry

Regenxbio, Inc. v. Sarepta Therapeutics. Inc. – The Long Reach of Funk Bros. Seed Co.

by: Warren Woessner

SEC Staff Provides Guidance on Cyber Form 8-K Reporting

by: Hunton Andrews Kurth’s Privacy and Cybersecurity

The Ninth Circuit Holds That a Lie Must Go to the Nature of the Bargain to Support Fraud Conviction

by: Charles L. Kreindler & Krista Landis

Proposed Treasury Regulations Provide Guidance on Stock Buyback Excise Tax for Redemptions and M&A Transactions

by: David K. Salamon & Gregg M. Benson

more emerging legal news

Artificial Intelligence

Recent Developments in AI Related Laws and Regulations

AI in the Workplace: Navigating Compliance Considerations and Planning for the Future [Video]

by: Michelle Capezza & Corbin Carter

Researchers Announce Breakthrough in AI Audit Capabilities

by: Blair V. Robinson

NEW AI LAW ALERT: Alabama Next State To Take a Stand Against AI-Generated Deceptive Media in Political Campaigns

by: Tori Guidry

Robocalls, Deepfakes, and a New $6 MILLION Man

by: John H. Henson

Welcoming Our Robot Overlords? Navigating New Guidance on AI

by: Whitney J. Jackson & Anne R. Yuengert

AI and Arbitration: Silicon Valley Arbitration and Mediation Center Publishes First Guidelines on AI

by: Lee M. Caplan & Ucheora Onwuamaegbu

FCC Chairwoman Circulates Proposed Rulemaking Requiring Disclosure of AI-Generated Content in Political Ads on TV and Radio

by: Jeffrey E. Rummel & Adam D. Bowser

TECHPLACE™ Talk: The EU AI Act, Part I [Podcast]

by: Jennifer Betts & Justin T. Tarka

Employment Law This Week Episode 347 - Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift [Video, Podcast]

by: George Carroll Whipple, III

All Eyes on AI: Colorado Governor Throws Down the Gauntlet on AI Regulation After Colorado General Assembly Passes the Nation’s First AI Law

by: Alan L. Friel & Julia B. Jacobson

Navigating a New Era: Department of Labor’s Guidance on AI Compliance with FLSA and FMLA

by: John L. Litchfield

more headlines about AI and the law

Business of Law

Court refuses artificial intelligence enhanced evidence

Washington Court Rejects Novel Use of AI-Enhanced Video in Trial

by: Kevin J. Quilty

The Importance of Assessing Your Firm’s Needs Before Investing in a CRM System

by: Christina R. Fritsch JD

Just as "Shall" Means "Shall", "Stay" Means "Stay"

by: Matthew C. Hurley & Geoffrey A. Friedman

A Guide to Creating Stronger Law Firm Awards and Submissions

by: Stefanie M. Marrone

Leveraging LinkedIn for Professional Growth: Building Your Personal Brand and Expanding Your Network

by: Stefanie M. Marrone

Workplace Strategies Watercooler 2024: The Legal Department’s Role and Responsibilities in a Crisis [Podcast]

by: Phillip B. Russell & Stephen J. Quezada

Disputing What ‘Dispute’ Means: Courts Debate When Ending Forced Arbitration Act Applies

by: Scott P. Jang & Samia M. Kirmani

Eleventh Circuit Provides New Guidance on Class Action Settlements

by: Wystan M. Ackerman

Arbitration Provider JAMS Creates New Mass Arbitration Procedures

by: Kristin L. Bryan & James Brennan

Supreme Court Holds That District Courts May Not Dismiss Lawsuits Pending Arbitration, But Instead Must Stay Them

by: Frederick A. Acomb & James L. Woolard

Investing in Success: The Strategic Benefits of Outsourced CRM Staff and Data Stewards

by: Christina R. Fritsch JD

more business of law headlines

Environmental, Social, Governance

EPA Releases Draft Risk Evaluation Documents for DIDP and DINP for Public Comment and Peer Review

by: Lynn L. Bergeson

DOE Announces Additional Projects to Help Industry Address Bioenergy and Bioproduct Challenges

by: Lynn L. Bergeson & Carla N. Hutton

ESG Update: Three Climate Change Decisions to Watch as the Temperature Rises

by: J. Michael Showalter & Robert A. Middleton

Greenwashing: Emerging Compliance and Cross Border Legal Risks

by: Seth D. DuCharme & Mark Hunting

Prime Time for Prime Hydration: YouTubers Clash With PFAS Regulations

by: Jay L. Halpern & Emily B. Lewis

PEER and CEH File NOI to Sue EPA to Stop Manufacture and Distribution of PFAS in Fluorinated Containers

by: Lynn L. Bergeson & Carla N. Hutton

GSA Requiring Landlords to Conduct Baseline Drinking Water Testing in All Leased Space

by: Paul R. McIntyre

What About the IRA Has the Renewable Energy Sector So Bullish on Investment in the US?

by: Shawn J. Daray & Tiffany C. Raush

view more ESG law headlines

International Law News

Overview Of Singapore's Personal Data Protection Act PDPA

Singapore Ramps Up Data Protection Enforcement – Five Useful Takeaways

by: Charmian Aw

Financing a Continuation Vehicle – Lender Considerations

by: Mathan Navaratnam

China Continues Market Distorting Patent Subsidies

by: Aaron Wininger

EC Scientific Committee Publishes Scientific Advice on Titanium Dioxide

by: Lynn L. Bergeson & Carla N. Hutton

EDPB Adopts Opinion on Facial Recognition in Airports

by: Hunton Andrews Kurth’s Privacy and Cybersecurity

The Central Bank of Ireland Introduces Macroprudential Measures to Irish-Authorised GBP-Denominated Liability Driven Investment Funds

by: Shane Geraghty & Michelle Lloyd

United States | AMIGOS Act Allows Portuguese Nationals to Apply for E-1/E-2 Visas

by: BAL U.S. Practice Group

More international law headlines

Federal Law News

U.S. Department of Labor While Collar Overtime Exemptions Blocked

Business Groups File Lawsuit to Block DOL’s Raised Salary Thresholds for White Collar Overtime Exemptions

by: Charles E. McDonald, III & Keith E. Kopplin

On May 22, 2024, more than a dozen business groups and a company filed a lawsuit seeking to block the U.S. Department of Labor’s (DOL) new final rule that…

Intercontinental Exchange Settles with SEC Over Alleged Delay in Notification of Hack

by: Linn F. Freedman

Intercontinental Exchange, Inc. (ICE), the owner of the New York Stock Exchange, has agreed to settle with the Securities and Exchange Commission (SEC) for $10 million over allegations that it failed to timely notify the SEC of the cybersecurity incident it…