Squire Patton Boggs (LexBlog United States)

In today’s rapidly evolving technological landscape, the integration of artificial intelligence (“AI”) into business operations presents unparalleled opportunities for efficiency and innovation. Alongside these advancements, however, come new challenges and risks that must be addressed to ensure regulatory compliance and ethical responsibility. Recently, the Department of Justice (“DOJ”) has...

Congress passed the Pregnant Workers Fairness Act (PWFA) on June 27, 2023. The law requires covered employers—which, in the private sector, includes those with 15 or more employees—to provide a reasonable accommodation to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth or related medical conditions, unless...

As a contentious lawyer, I tend not to be involved in pensions issues when everything is going smoothly – my phone normally rings when trustees or employers are facing a problem of reasonable magnitude. I often wish that I had been involved at an earlier stage, at the point that the problem was (or could...

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS), a multi-agency committee administered by the U.S. Treasury Department, released a proposed rule (“Proposed Rule”) to amend the CFIUS regulations.[1]  The Proposed Rule seeks “to enhance the Committee’s identification and resolution of national security risks” by expanding the scope of information...

On April 11, 2024, the Committee on Foreign Investment in the United States (CFIUS), a multi-agency committee administered by the U.S. Treasury Department, released a proposed rule (“Proposed Rule”) to amend the CFIUS regulations.[1]  The Proposed Rule seeks “to enhance the Committee’s identification and resolution of national security risks” by expanding the scope of information...

The Supreme Court issued three opinions today, including an important decision on whether omissions in SEC filings are actionable, and a decision that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions (and that relies on Judge Murphy’s recent Takings Clause decision). But no decision yet on the highly-anticipated blockbuster cases...

ERISA and the Internal Revenue Code broadly prohibit transactions between employee benefit plans or Individual Retirement Accounts and certain “parties in interest” or “disqualified persons”. However, certain transactions are exempted from such prohibition. One such exemption applies to transactions involving independent qualified professional asset managers, which includes banks, savings and...

The US Department of Health and Human Services, Office for Civil Rights (OCR)and the Substance Abuse and Mental Health Services Administration issued a Final Rule modifying the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations under 42 C.F.R. Part 2 (Part 2), applicable to certain federally assisted SUD treatment programs (Part 2 Programs), and...

The cyberthreat landscape is evolving as threat actors develop new tactics to keep up with increasingly sophisticated corporate IT environments. In particular, threat actors are increasingly exploiting supply chain vulnerabilities to reach downstream targets. The effects of supply chain cyberattacks are far-reaching, and can affect downstream organizations. The effects can also last long after...

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and the Internal Revenue Code Of 1986, as amended (“Code”) contain broad prohibitions on transactions between ERISA-covered employee benefit plans and Individual Retirement Accounts (“Plans”), as well as certain people or entities closely connected to such Plans, known as “parties in interest” or “disqualified...

On 2 April 2024, the Italian Data Protection Authority (Garante) announced that on 21 March 2024, it issued a warning to Worldcoin Foundation regarding its intention to collect biometric data (via iris scanning) for digital identification, claiming that such data processing would violate the Regulation (EU) 2016/679 (GDPR). Worldcoin Foundation supports the Worldcoin project, launched...

The Cayman Islands, a British overseas territory, has long been recognized as one of the world’s leading providers of institutionally focused financial services and a preferred destination for the structuring and domiciling of sophisticated and specialized financial services products, particularly investment funds.  However, for a number of reasons, the inherent risks to the Cayman Islands’...

As seen in the recent proliferation of bankruptcy cases seeking a structured dismissal or conversion after a successful sale, debtors constantly seek creative and efficient ways to wind up a case, including through a traditional plan of liquidation.  Yet, as discussed below, debtors must ensure that any proposed voting procedures for a plan comply with...

Our dedicated Women’s Sport Group hosted its inaugural Women’s Sport Symposium on 29 February 2024 to discuss key issues across the women’s sporting landscape. Amongst other topics, a panel of key figures and experts, which was chaired by Sarah Butler (Founder of Sports Business Connected), discussed the pertinent issue of the commercialisation of women’s sports...

Following on from our Blog post and article from November of last year that looked at the potential liabilities of banks and related parties in the context of authorised push payment (“APP”) frauds, the recent decision of Master Brown in CCP Graduate School Ltd v National Westminster Bank PLC & Anor [2024] EWHC 581 (KB)...

On March 18, 2024, the United States Patent and Trademark Office (USPTO) issued a Memorandum containing guidance to help patent examiners analyze claim language that may be interpreted as “means-plus-function” or “step-plus-function” language under 35 U.S.C. § 112(f). The USPTO said that the Memorandum was not a change in practice for examiners. Sometimes, however, how something...

It’s never a good sign when a court calls your reasoning “nonsense” or instructs your lawyers to “brush up” on their familiarity with legal doctrines. But that’s exactly what a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit did in a decision that overturned the National Labor Relations...

The U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) published its controversial final “walkaround” rule on April 1, 2024 (available here). The final rule clarifies the rights of employees to authorize a representative – employee or non-employee – to accompany an OSHA compliance officer (CSHO) during an inspection of their workplace. This can...

SPB’s Alexis Chandler will be participating in a CLE webinar on April 2, 2024 from 1pm-2:30pm EDT titled “Supply Chain Disruptions: Drafting Contract Clauses to Mitigate Risks, Navigate a Breach, Avoid Litigation.”  The panel will discuss the following: Squire has ten complimentary passes for the webinar.  If you would like to attend, please contact Kristi Vitaz (kristi.vitazsquirepb.com)...

With the summer Olympic Games rapidly approaching, the International Olympic Committee (“IOC”) recently announced new guidance for social and digital media at the 2024 games. Our colleagues at SPB’s Global IP & Tech blog took an interesting look at how social media guidelines are evolving and how athletes, brands and spectators will experience the games...

Our lawyers are well known for thought leadership across many platforms, and that tradition continues over the coming weeks. Please join us at these upcoming events to hear the latest trends, updates and insights within the global Data Privacy realm. For more information, contact the presenters or your relationship attorney. “Best Practices to Leading Post-Cyber...

Squire Patton Boggs’ Legal Intern Amber Bouie addresses new legislation impacting Texas employers. COVID-19 vaccinations have been the subject of workplace chatter since the vaccines became widely available in late 2020. At first, some states barred government employers from requiring employees receive vaccinations as a condition of continued employment, leaving private sector policies up to...

On January 15, 2024, the American Arbitration Association (“AAA”) introduced updates to its Mass Arbitration Supplementary Rules and its fee schedules, including for consumer mass arbitrations (collectively referred to as the “Updates”). The Updates consist of a flat initiation fee to lower the cost of initiating arbitrations, the new requirement of counsel to affirm that the information they...

In 2010, the New York Court of Appeals (which is the highest state court in New York) established a test to determine the territorial scope of the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) – each of which protect employees and applicants for employment from employment-based...

When considering the FCA’s enforcement of Consumer Duty, it could be likened to a school teacher attempting to discipline a class. The FCA so far is attempting to retain the authority akin to a headmaster with an iron fist, rather than a flailing substitute teacher with a “kick me” sign attached to their back. Whether...

Our colleagues at Employment Law World recently blogged about a recent trade secrets decision from the Northern District of California, Apple v. Rivos. The case involved a common fact pattern: numerous employees were hired away from Apple by Rivos and Apple brought claims for trade secret misappropriation (among others). The court dismissed the claims against...

The rugby Six Nations Championship has been a recent topic of conversation. But do you know how long pensions dashboards have been a topic of conversation? Almost 10 years – ever since the issue was raised in a report by the Financial Conduct Authority in December 2014! We are now about to witness kick-off as...

The opportunity to compete at the Olympic Games represents one of the most honorable achievements of any athlete’s career. And while Olympians may have always been trailblazers in the world of sports, today’s competitors are more than just athletes – they are brand ambassadors, marketing representatives, and social media influencers. While an athlete’s ability to...

Following the U.S. District Court for the Eastern District of Tennessee’s grant of a preliminary injunction in the recent case filed against the NCAA, captioned Tennessee and Virginia v. NCAA, the NCAA has decided to halt investigations into third-party involvement in name, image, and likeness (NIL) compensation deals with Division I college athletes. In granting...

On March 4, 2024, the Treasury Department published a final rule that amends the regulations concerning State and Local Government Series securities (SLGS).  Among other changes, the updated regulations notably: (1) require that the maturity lengths of Time Deposit SLGS be no longer than reasonably necessary for the underlying governmental purpose of the investment and...