On May 13, the US Securities and Exchange Commission (SEC) and the US Department of the Treasury’s (USDT) Financial Crimes Enforcement Network (FinCEN) jointly released a notice of proposed rulemaking (NPRM) which, if adopted, would require SEC-registered investment advisers (RIAs) and exempt reporting advisers (ERAs) to establish policies and procedures to verify the identities of their customers.
On May 30, the US Supreme Court, in National Rifle Ass’n of Am. v. Vullo, 602 US __ (2024), unanimously held that the National Rifle Association (NRA) plausibly alleged in a complaint that it filed in federal court that former Superintendent Maria Vullo of the New York State Department of Financial Services (DFS) violated the First Amendment of the US Constitution by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress gun-promotion advocacy.
Under current US Food and Drug Administration (FDA) guidance, sexually active gay and bisexual men are prohibited from anonymously donating sperm.
On June 5, the US Court of Appeals for the Fifth Circuit vacated a US Securities and Exchange Commission (SEC) Rule designed to provide investors in private funds — such as private equity, private credit, hedge funds, venture capital, and real estate.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, M.H. Joshua Chiu, Shoshana Golden
Headlines that Matter for Companies and Executives in Regulated Industries
Two years after declaring a national emergency and instructing the US Department of Commerce (Commerce) to pause the imposition of AD/CVD duties applicable to certain imports of crystalline silicon photovoltaic solar cells and modules from four countries in Southeast Asia, President Joe Biden announced on May 14 that his administration is ending the so-called “solar bridge” created through Presidential Proclamation 10414.
Have you recently visited a plaintiff lawyer’s website? If so, then you may be entitled to compensation under the most contrived California Invasion of Privacy Act (CIPA) theory yet.
Recent events have caused hospitals and health systems nationwide to contemplate more robust participation in the long term care (LTC) sector, whether through modified ownership, joint venturing, clinical affiliation, or third-party management.
Although a senior living property manager is not the party on the hook for the loan, it is important that they review and negotiate certain provisions in the owner’s loan documents that affect their rights and obligations in connection with the loan.
On May 26, the Illinois legislature passed comprehensive carbon capture, utilization, and sequestration (CCUS) legislation.
ESG stands for “environmental, social, and governance.” Though often overlooked, two recent cases — Spence v. American Airlines and Exxon v. Arjuna Capital, LLC — focus on G’s place in the ESG initialism.
Headlines that Matter for Companies and Executives in Regulated Industries
Katia Asche, Sharon O’Reilly, Robert G. Edwards, Ph.D., Thomas M. Crispi, J. Michael Showalter, Lynn R. Fiorentino, Matthew R. Mills
On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever chemicals.”
PHL Variable Insurance Company (PHL) and its subsidiaries, Concord Re, Inc. and Palisado Re, Inc., have been placed into rehabilitation as of May 20, by order of the Superior Court of the State of Connecticut, Judicial District of Hartford.
On May 16, Maryland amended its Clean Indoor Air Act by prohibiting vaping in indoor places of employment. The amendments go into effect on July 1.
On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers.
On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule designed to support the privacy of reproductive health care.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Elizabeth Satarov, Laura Zell, Heather M. Zimmer
Headlines that Matter for Companies and Executives in Regulated Industries
On May 14, Outfox Hospitality LLC, the parent company of the retail chain Foxtrot Market, along with its affiliates, filed for Chapter 7 bankruptcy protection in the Bankruptcy Court for the District of Delaware, with the leading bankruptcy case titled In re Outfox Hospitality LLC, Case Number 1:24-bk-11008 (TMH).
On May 17, Colorado Governor Jared Polis signed into law the Colorado Artificial Intelligence Act (SB 205), making the state the first to enact a comprehensive legislative framework to regulate artificial intelligence (AI) tools.
Angela M. Santos, Antonio J. Rivera, Leah Scarpelli, Birgit Matthiesen, James Kim*, Mario A. Torrico
Following last week’s long-awaited report on the statutory four-year review of the Section 301 tariffs, the Office of the United States Trade Representative (USTR) issued a Federal Register notice on the proposed modifications to the existing tariffs on imports from China under Section 301.
Jay L. Halpern, Emily B. Lewis, Katia Asche, Lynn R. Fiorentino, Matthew R. Mills, Robert G. Edwards, Ph.D.
Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages.
AI and Arbitration: Silicon Valley Arbitration and Mediation Center Publishes First Guidelines on AI
Artificial intelligence (AI) is an emerging technology with the potential to effect profound changes in all areas of society, including dispute resolution.
Climate change decisions continue to heat up as we head into summer 2024.
In an unprecedented, but anticipated, move last Friday, the US Department of Homeland Security (DHS) expanded the Uyghur Forced Labor Prevention Act (UFLPA) Entity List with the addition of 26 new Chinese textile companies in one single action.