Lawyer Commentary


Latest documents

  • Directors Quarterly - Insights from the Board Leadership Center - April 2024

    Directors Quarterly: April 2024- With the explosion of generative artificial intelligence (Gen AI), companies are facing the challenge of moving quickly—but not too quickly. Gen AI governance has moved to the top of many board agendas as directors understand the potential competitive advantages as well as the potential risks that the transformative technology poses for the company and its strategy. For insights on the current state of board oversight, check out findings from our director survey and our recent KPMG Board Leadership Center webcast discussion of the risks, opportunities, and disruptions posed by Gen AI. Our financial reporting and auditing update includes the latest developments on the Securities and Exchange Commission final rule on climate-related disclosures, final rules and guidance related to special purpose acquisition companies (SPACs), and the recent dialogue about the Public Company Accounting Oversight Board (PCAOB) proposal on noncompliance with laws and regulations (NOCLAR). In this edition, we also report on trends in Latino representation on Fortune 1000 boards. Our latest study, in collaboration with Latino Corporate Directors Association, finds that Latino directors held 5.0% of Fortune 1000 board seats in 2023, up from 2.7% in 2019. Finally, we share insights from our discussions with private company directors and CEOs on how independent voices can help add value to private company boards, with practical takeaways for successfully tapping into the value of independent directors.

  • Right of Publicity Laws: New Jersey

    A Q&A guide to New Jersey right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions. Originally published in Thomson Reuters Practical Law, April 17, 2024.

  • U.S. Supreme Court Unanimously Holds Pure Omissions in Item 303 Disclosures Not Actionable under Private Securities Laws

    The U.S. Supreme Court has unanimously ruled that pure silence in MD&A statements are not actionable in shareholder securities fraud cases.  The case is important for issuers and shareholders alike for several reasons: On Friday, April 12, the U.S. Supreme Court unanimously ruled that a company’s failure to disclose information about its business risks, as...

  • California’s AB 3129: A New Hurdle for Private Equity Health Care Transactions on the Horizon?

    Parties involved in or considering health care transactions in California have been focused on navigating the new rules set by California’s Office of Health Care Affordability (OHCA),[1] and newly proposed legislation could present additional challenges in consummating certain health care transactions, particularly those involving private equity. Introduced in February 2024, California’s Assembly Bill 3129 seeks...

  • This week’s podcast episode: An update on earned wage access products

    Our special guest is Ian Moloney, Senior Vice President and Head of Policy and Regulatory Affairs with the American Fintech Council (AFC).  After reviewing how EWA products are used by consumers and the differences between employer- and provider-based products, we discuss the regulatory challenges faced by the EWA industry, the regulatory approaches states have taken...

  • Check Your Clauses: An Interesting Tale of the Missing Forum Selection Clause

    Whether in employment agreements or business transactions, drafters often include certain clauses within these documents to protect their client if litigation arises (e.g., arbitration clauses, forum- selection clauses). However, when not clearly drafted, these clauses can lead to a battle over where the case may proceed. Recently, Manhattan Commercial Division Justice Joel M. Cohen handed...

  • State and Federal PFAS Litigation – 2019 to Q1 2024

    PFAS-related litigation continues to climb and to diversify as to claims and parties.  See the attached graphics, updated through the first quarter of 2024.  We will continue to update these graphics on a quarterly basis. 

  • Supreme Court Declines to Review FDA Labeling Preemption for State Claims
  • What in the SAM Hill Happened to My Contract?

    The System for Award Management (SAM) is the official website for registering to do business with the U.S. government, such as competing for federal procurement contracts. Under FAR 52.204-7, “an Offeror is required to be registered in SAM when submitting an offer or quotation, and shall be registered until time of award, during performance, and...

  • What to know before you hire from a competitor?

    In many industries right now, businesses are fighting not just for clients, customers, and market share but to attract and retain good talent. If you’ve managed to recruit an employee from a competitor – congrats! But before you put together the onboarding package and schedule the welcome lunch, here are a few steps to take...

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