LexBlog (LexBlog United States)

438841 results for LexBlog (LexBlog United States)

  • Seventh Circuit Orders Pension Fund to Return Withdrawal Liability to Employer

    An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22, 2024). Withdrawal Liability Generally Withdrawal liability is a statutory liability imposed on employers whose obligation to contribute to union pension funds (called multiemployer pension plans)...

  • Floating Beats Fixed in Another Royalty Dispute

    Recent Texas royalty cases seem to feature litigants on the fixed royalty side trying, more often than not in vain, to escape the clutches of Van Dyke v. Navigator and Hysaw v. Dawkins. See those decisions for the history of how the Supreme Court got to where it is. (Regardless of which side you’re on,...

  • Supreme Court seems inclined to limit, but not eliminate, Apprendi's prior-conviction exception

    As previewed in this post, the Supreme Court this morning heard oral argument in Erlinger v. United States, No. 23-370, to consider whether the Sixth Amendment requires a jury to find (or a defendant to admit) that prior offenses were “committed on occasions different from one another” to trigger the severe mandatory minimum sentence of the Armed Career...

  • CDC ends the first quarter with some important active cases

    The Atlanta-based Centers For Disease Control and Prevention is ending the first quarter of the year with a handful of active foodborne illness investigations. CDC is the nation’s leading science-based, data-driven service organization that protects the public’s health. For more than 70 years, the agency has put science into action to help children stay healthy...

  • Davis Polk Discusses FDIC’s Proposed Statement of Policy on Bank Mergers

    The Federal Deposit Insurance Corporation (FDIC) released a Proposed Statement of Policy on Bank Merger Transactions (the Proposal) that outlines the FDIC’s views on its jurisdiction and expectations with respect to each statutory factor under the Bank Merger Act (BMA). The Proposal is one of a series of recent efforts to revisit and modify bank merger standards,...

  • WEBINAR – Avoiding Duty of Oversight and Fiduciary Duty Breach Claims

    About the Program: Seyfarth is pleased to introduce Seyfarth’s latest resource, the “Avoiding Duty of Oversight and Fiduciary Duty Breach Claims“ Flipbook, a tailored guide designed specifically for in-house counsel navigating the intricate world of corporate directors and officers. Cost: There is no cost to attend, however registration is required. REGISTER HERE Wednesday, April 17, 20241:00 p.m.

  • UN Adopts Landmark AI Resolution

    The UN General Assembly has adopted a landmark resolution focusing on the safe, secure, and trustworthy use of Artificial Intelligence (AI). This resolution, led by the United States and supported by over 120 Member States, marks the first time the Assembly has adopted a resolution on regulating AI. The resolution calls for protection of rights...

  • PADEP Proposes Key PFAS Amendments to Act 2 Regulations

    On March 12, 2024, the Pennsylvania Environmental Quality Board (EQB) approved the Pennsylvania Department of Environmental Protection’s (PADEP) proposal to amend the Land Recycling and Remediation Standards Act regulations under Chapter 250 of the Pennsylvania Code.  Included in the rulemaking are cleanup standards for select new Per- and Polyfluoroalkyl substances (PFAS): Gen-X (Hexafluoropropyl

  • Biased Boards

    How do directors add value to corporations, and what are their incentives? They add value through monitoring and advising management – although monitoring seems to have taken precedence in the wake of high-profile financial scandals. As for directors’ incentives, the answer is less straightforward. While director compensation has increased in recent years, non-pecuniary incentives remain...

  • Plaintiffs in credit card late fee rule case ask Fifth Circuit to keep appeal even though the district court has scheduled a preliminary injunction hearing

    On March 26, 2024, the plaintiffs in the lawsuit challenging the CFPB’s final credit card late fee rule (“Final Rule”) filed a Notice Regarding Their Emergency Motion for Injunction Pending Appeal and Administrative Stay in the Fifth Circuit. Plaintiffs, who noticed their interlocutory appeal of the federal district court’s “effective denial” of their motion for...

  • Tale Of An Economic Loss Class Action

    Lately we have been thinking that perhaps nothing stirs a plaintiffs’ lawyer more than a product liability mass tort except an economic loss class action.  Why?  Money, for one.  Control, for another.  We regularly complain that plaintiffs’ lawyers save money by doing little-to-nothing to investigate their clients’ personal injury claims in product liability MDLs.  It...

  • McGuireWoods Releases Annual Update to One-of-a-Kind FERC Enforcement Reporter

    Over the past year, there have been major Federal Energy Regulatory Commission developments as more cases moved from the agency to adjudication in the courts. McGuireWoods’ update to its innovative FERC Enforcement Reporter — led by lawyer Carrie Mobley — organizes energy enforcement cases from 2005 to present by topic and presents the information in an easy-to-use...

  • ESMA statement on transition for the application of the MiFIR review

    On 27 March 2024, the European Securities and Markets Authority (ESMA) published a statement including practical guidance supporting the transition and consistent application of MiFID II and MiFIR in light of the changes introduced to them by Regulation 2024/791 (MiFIR review) and Directive 2024/790 (MiFID II review). The statement complements the draft interpretative notice issued...

  • Open Source AI framework may be a security risk!

    SCMagazine.com reported “An active attack targeting a vulnerability in Ray, a widely used open-source AI framework, has impacted thousands of companies and servers running AI infrastructure — computing resources that were exposed to the attack through a critical vulnerability that’s under dispute and has no patch.”  The March 26, 2024 article entitled “Flaw in Ray...

  • Recent Gensler Speech Highlights SEC’s Two-Fold AI Disclosure Concerns

    In a speech before the Yale Law School February 2024, SEC Chair Gary Gensler had AI top of mind. Interrupted only by a colorful collection of movie references, Chair Gensler focused almost the entirety of his remarks on AI and the SEC’s corresponding regulatory duties. Chair Gensler addressed the risks associated with AI while cautioning reporting companies to avoid “AI washing” and making...

  • Raw Farm Cheddar Cheese linked to E. coli

    Marler Clark filed the first and only lawsuit to date. 11 sick, 5 hospitalized with 2 with kidney failure. The FDA and CDC, in collaboration with state and local partners, investigated a multistate outbreak of E. coli O157:H7 linked to all sizes of RAW FARM-brand Raw Cheddar cheese blocks (with best by dates through 10/4/2024) and shredded...

  • Wolfsberg Principles for Auditing Financial Crime Risk Management

    On 27 March 2024, the Wolfsberg Group (Group) published Principles for Auditing Financial Crime Risk Management (FCRM) using the Wolfsberg Factors (Factors) which were published in 2019. The Group notes that internal audit (IA), an independent function within a financial institution (FI), constitutes the third line of defence and plays an important role in assessing...

  • Biden Administration Incentivizing Participation in Apprenticeship Programs

    On March 6, 2024, President Biden issued an Executive Order designed to increase participation in the U.S. Department of Labor’s Registered Apprenticeship Program (“the Program”). The purpose of the Program is to connect job seekers looking to learn new skills with employers looking for qualified workers.

  • L.A. County Board of Supervisors Passes Fair Chance Ordinance

    The Los Angeles County Board of Supervisors recently passed the Fair Chance Ordinance for Employers (“Ordinance”), L.A. Cnty. Code § 8.300 et seq., in an effort to ensure  “individuals with criminal records have fair and equitable access to opportunities for gainful employment.”  By September 3, 2024, employers in the unincorporated areas of Los Angeles County...

  • CFPB Expected to Scrutinize Credit Card Rewards and Buy-Now-Pay Later Programs

    Consumer Financial Protection Bureau (“CFPB”) Director Rohit Chopra shared his insights at Consumer Bankers Association Live industry conference in Washington D.C. Reuters reported that Chopra told sideline reporters, “We are going to be looking into the credit card rewards market due to an increase in consumer complaints. What the marketing gurus and consultants are telling...

  • Lots of perspectives at Vital City around criminal justice research

    This new issue of the journal Vital City has a large collection of essays engaging with the rich topic of criminal justice research and practice. There are too many intriguing pieces to flag or summarize them all here, but this Editors’ Note by Elizabeth Glazer and Greg Berman sets up the context and much of...

  • Fighting Crypto Crime: A Guest Blog.

    Today we are very pleased to welcome guest blogger Lili Infante, who is the CEO of CAT Labs – a tech company building digital asset recovery and quantum-resistant cryptography tools to fight crypto crime.  Lili previously spent a decade as a DEA Special Agent with the U.S. Department of Justice and pioneered an early federal...

  • Opt-out challenge case assigned to Colorado federal Judge Daniel D. Domenico

    As we previously reported, on March 25, 2024, three consumer financial services industry trade groups filed a lawsuit in federal district court in Colorado challenging legislation recently adopted to opt out of rate exportation rights afforded to state banks under federal law. National Association of Industrial Bankers et al. v. Weiser et al., Civil Action...

  • FCA Consultation Paper on Regulatory Framework for Pensions Dashboard Service Firms Further Consultation

    On 27 March 2024, the FCA published a Consultation Paper, CP24/4, setting out proposed guidance and changes to the regulatory framework for pensions dashboard service firms. Background Pensions dashboards will be digital interfaces which allow consumers to find their pensions and view basic information about them in one secure place. The Government has created the...

  • Golf Playing Volunteers Want Pay For Teeing Off: Eleventh Circuit Hands Them A Bogey!

    As Spring is here and people will be outside playing sports, I find it exhilarating to be able to blog on a sports-related wage-hour issue.  One, amazingly, that has gone up to a federal appellate court.  In this case a group of volunteer golf attendants sued for wages, asserting they were really employees.  The lower...

  • The Power of Customer Calls: Maryland Supreme Court Upholds Public Service Commission’s Interpretation of the Maryland Telephone Solicitations Act

    Last month, the Supreme Court of Maryland delivered a pivotal ruling defining the scope of the Maryland Telephone Solicitations Act (MTSA), holding that the act extended to inbound calls initiated by consumers who engaged with merchant advertisements. The Maryland Supreme Court also confirmed that the Maryland Public Service Commission can enforce the MTSA against covered...

  • CDTFA Cannabis Creditor: Myths and Truths

    Dealing with creditors is never a fun experience. However, some creditors are more severe than others, especially in the cannabis industry. One of those is the California Department of Tax and Fee Administration (CDTFA), which administers California’s sales and use, fuel, tobacco, alcohol, and cannabis taxes, as well as a variety of other taxes and...

  • Kentucky Legislature Passes Consumer Data Privacy Bill

    Keypoint: Kentucky is the fifteenth state to pass consumer data privacy legislation with a bill that largely tracks the Virginia Consumer Data Protection Act. On March 27, 2024, the Kentucky legislature passed the Kentucky Consumer Data Protection Act (HB 15). The bill unanimously passed the House on February 20. The Senate passed the bill on...

  • No April Fools Here — The Fast Food Minimum Wage in California is $20 as of April 1st

    A quick reminder for national Fast Food restaurants, the California minimum wage is going up to $20 per hour as of April 1, 2024. As we wrote in our Alert back in October 2023, AB 1228 created a Fast Food Council in California, which is now part of the Department of Industrial Relations (DIR). The...

  • Waivers and Modifications for Parking Relief: What Do You Mean We Don’t Need a Variance?

    “Your parking requirements stink!  What do you mean we have to provide 25 times the number of parking spaces than what the ITE says, or we have to get a variance? What is our hardship other than your requirements haven’t been updated in over 50 years? If your parking requirements were a car, they would be considered...

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