LexBlog (LexBlog United States)

396943 results for LexBlog (LexBlog United States)

  • When is sanitary history too ripe for the jury?

    Does a company’s sanitary record figure into its possible criminal conduct when involved in an outbreak of foodborne illness? That question is being disputed during the pre-trial stage of the United States v. Paul Kruse. Pre-trial motions are scheduled for July 22 in the Texas Western District court in Austin. Kruse, 67, is the retired...

  • Why are folders not the best way to organize your contracts?

    Uncover the benefits of CLM over that of folders.

  • European Parliament Adopts DSA

    On July 5, 2022, the European Parliament adopted the Digital Services Act (“DSA”) with 539 votes in favor, 54 votes against and 30 abstentions, following the political deal reached on April 23, 2022 (see our previous blog here). Key aspects The DSA is addressed to providers of intermediary services (e.g., Internet service providers, cloud providers,...

  • Revive Superfoods no longer has Tara as a listed ingredient – what happened in the last 24 hours?

    Yesterday I posted “Are Revive Superfood Smoothies linked to acute Liver Failure too?” with the below picture of the ingredients – which included Tara Protein. Today, however, the Tara Protein is gone – what’s up? Pea Protein? I suggest folks to follow this Reddit thread – https://www.reddit.com/r/revivesuperfoods/comments/voglbs/revive_superfoods_smoothies_liver_issues_sickness/ it certainly...

  • 4th ESMA stress test exercise for CCPs

    On 5 July 2022, the European Securities and Markets Authority (ESMA) published the results of its fourth stress test exercise of central counterparties (CCPs). The results confirm the overall resilience of EU CCPs, as well as third-country tier 2 CCPs, to credit, concentration and operational risks under the tested scenarios and implemented framework. However, the...

  • EU sees rise in fraud exchanges and RASFF alerts in 2021

    There was an increase in the number of food safety reports on a platform managed by the European Commission in 2021, according to a new report. The Alert and Cooperation Network (ACN) includes the Rapid Alert System for Food and Feed (RASFF), Administrative Assistance and Cooperation system (AAC) and the Food Fraud Network (FFN). In 2021, 4,607 notifications...

  • Don’t Forget to Update Your I-589

    It’s common these days to find asylum seekers at the Asylum Office and in Immigration Court who filed their asylum […]

  • Issuer Liability: Ownership Structure and the Circularity Debate

    In many countries, investors can hold publicly traded companies liable for public misstatements. Issuer liability is intuitively appealing because statements are generally made on behalf of the company by its representatives. Moreover, large companies typically have deep pockets, which ensures compensation for investors who incurred losses because they traded during the period when stock prices...

  • FDA steps up enforcement on imported infant formula, seafood, dried fruit, etc.

    The Food and Drug Administration is continuing its use of import alerts to enforce U.S. food safety regulations for food from foreign countries. The agency updates and modifies the alerts as needed. Recent modifications to FDA’s import alerts, as posted by the agency, are listed below. Click here to go to the FDA page with...

  • US Sentencing Commission produces another great updated set of "Quick Facts" publications

    Long-time readers have long heard me praise the US Sentencing Commission for producing a steady stream of insightful little data documents in the form of its “Quick Facts” publications (which are designed to “give readers basic facts about a single area of federal crime in an easy-to-read, two-page format”).  After finalizing its fiscal year data,...

  • Unanswered Questions on Privacy and Employment from Supreme Court Overturn of Roe v. Wade

    As the health care industry as a whole comes to grips with the fallout from the U.S. Supreme Court’s decision to overturn Roe v. Wade in Dobbs v. Jackson Women’s Health, here at Reed Smith we have formed a Reproductive Health Working Group to bring expertise from the across our many specialty areas to help our clients...

  • Trusting The Ties That Bind

    It’s your right to protest, to bring your grievances to the attention of others, the world. That the world might not care about your grievances, or at least not care as much as, or in the way that, you might be a good line beyond which you shouldn’t go. But that’s such an old school...

  • Healthcare Cyber Insurance? Fortify Your Defenses

    Healthcare breaches, including ransomware attacks, continue to increase. As a result, many healthcare organizations seeking cyber coverage to help defray the costs associated with a ransomware attack or other data incident may find that carriers have increased premiums, reduced coverage, and tightened underwriting requirements. Healthcare organization leaders should understand that implementing...

  • New Jersey Federal Court Applies North Carolina Law to Cut Back Pelvic Mesh Case

    It is beach weather, but which beach? The Jersey shore is close, has fun boardwalks and rides, and offers the comfort of the familiar. Then again, you must pay to get on sand covered with New Yorkers. The Outer Banks are lovely, with dunes, wild horses along the surf, splendid lighthouses, and the spot where...

  • Use it or lose it: FCA accelerates crack down on unused regulatory permissions

    The Financial Conduct Authority’s new powers to more swiftly cancel or change firms’ regulatory permissions have now come into effect. These powers are particularly aimed at firms that have permissions they are not using. Firms can be required to prove they are carrying out the regulated activities they have permissions for, or risk losing their...

  • FTC Updates (June 21-24, 2022)

    This week, the Commission issued more than 30,000 checks, totaling more than $11 million, to consumers and small businesses for cases settled pre-AMG. The FTC also issued a Notice of Proposed Rule Making for the Motor Vehicle Dealers Trade Regulation Rule that could have a significant impact on car marketing and sales tactics. The Commission also finalized...

  • FTC Seeks Input on Proposed EnergyGuide Labeling Rule Updates

    In keeping with its 5-year schedule for comparability range updates to the Energy Labeling Rule (Rule), the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking on May 25, 2022, seeking to revise the Rule to require EnergyGuide labels to update comparability range information on EnergyGuide labels for televisions, refrigerators and freezers, dishwashers, water...

  • ABI’s Industry Viewpoint Interview: Intellectual Property And Bankruptcy

      I recently had the honor of talking with the American Bankruptcy Institute’s Editor-at-Large Bill Rochelle about the intersection of intellectual property and bankruptcy, as part of ABI’s Industry Viewpoints video series. Bill and I discussed issues ranging from the U.S. Supreme Court’s Tempnology decision involving trademark licenses, to Section 365(n) of the Bankruptcy Code,...

  • Defendants Secure Motion to Dismiss Victories in Three Post-Hughes Decisions

    In April, we wrote here about the discouraging trend of opinions allowing commonly asserted breach of fiduciary duty claims in 401(k) and 403(b) plan investment litigation to survive motions to dismiss.  While it may be too soon to declare a reversal of that trend, three recent decisions dismissing these types of claims present some hope...

  • FinCEN Issues Statement on BSA Due Diligence for Independent ATM Owners and Operators

    On June 22, 2022, the Financial Crimes Enforcement Network (FinCEN) issued a Statement on Bank Secrecy Act Due Diligence for independent ATM owners and operators.  The purpose of the statement is to “provide clarity to banks on how to apply a risk-based approach to conducting customer due diligence (CDD) on independent Automated Teller Machine (ATM)...

  • Naomi G. Beer Named National Law Journal’s Employment Law Trailblazer

    Naomi G. Beer, co-chair of GT’s Global Labor & Employment Practice, was named a 2022 Employment Law Trailblazer by the National Law Journal.  Beer is an experienced litigator who focuses her practice on managing complex engagements. She has over 25 years of experience advising clients on all aspects of complex, class action, and multi-district litigation...

  • The New Italian Sunshine Act Introduces Mandatory Individual Disclosure With Implied Consent Mechanism For Transfers Of Value

    On 31 May 2022, the Italian Parliament approved Law 62/2022, also known as the Sunshine Act, which entered into force on 26 June 2022. The new rules will become fully operational once the Ministry of Health sets up the public database where companies will have to disclose their data.  In practice, this means the new...

  • Office for Civil Rights Provides Guidance: HIPAA Privacy Rule on Disclosures of Information Relating to Reproductive Healthcare

    On On June 29, in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) issued guidance on when entities covered by the Health Insurance Portability and Accountability Act (HIPAA) are permitted to share protected health information (PHI) without a...

  • Revamping BIS’s Administrative Enforcement Authorities: Time to Consider More Investment in Internal Corporate Compliance

    The Department of Commerce’s Bureau of Industry and Security (BIS) has announced policy changes designed to strengthen its administrative enforcement of U.S. export controls. In a memorandum released on June 30, Matthew Axelrod, Assistant Secretary for Export Enforcement at BIS, outlined four new policy changes including (1) significantly higher penalties for egregious violations, (2) elimination.

  • Using Electric Utility Easements for Broadband

    With tens of billions of dollars being made available for rural broadband infrastructure projects, electric utilities – including rural electric cooperatives, publicly owned power companies, and investor owned utilities – stand ready to play a crucial role in bringing broadband to unserved and underserved areas of the U.S. Easement issues are a significant concern for...

  • Illinois Car Accidents When You Are Wrongly Listed As Vehicle One

    We are experienced Illinois attorneys who since 2001 have helped hundreds of thousands of people with their legal situations. Call us any time at 312-346-5320 for a free consultation. We help everywhere in Illinois. Any time there is a police report involving a car accident in Illinois, it will list the vehicles involved.  Most crashes...

  • Wachtell Lipton Discusses Important Supreme Court Business Cases

    Last Thursday, the Supreme Court concluded its most tumultuous Term in recent memory.  The Term was marked by a number of closely divided decisions on contentious issues ranging from President Biden’s vaccination mandate to gun rights to religious liberty.  Anticipation of and speculation surrounding the Court’s decision in Dobbs, fueled by the leak of Justice...

  • Abuse: Childcare centre appeal decision.

    Clancy v Plaintiffs A, B, C and D; Bird v Plaintiffs A, B, C and D [2022] NSWCA 119 (on Caselaw). This complex matter considers an appeal following a claim by two children and their mothers following the children’s attendance at a child care centre. Set out below is a copy of the Court’s headnote...

  • New Guidance by OCR addresses HIPAA and Disclosures of Information relating to Reproductive Health

    On June 29, 2022, the U.S. Department of Health & Human Services’ Office for Civil Rights (“OCR”) issued two pieces of guidance clarifying the applicability of the Health Insurance Portability and Accountability Act (“HIPAA”) related to privacy of information connected to an individual’s reproductive health.  Through this guidance, HIPAA addresses both protected health information (“PHI”),...

  • DNB publishes amendments to Regulation specific provisions CRD and CRR 2019 for public consultation

    On 24 June 2022, the Dutch Central Bank (De Nederlandsche Bank, DNB) published the Amendment Regulation specific provisions CRD and CRR 2019 (Wijzigingsregeling Regeling specifieke bepalingen CRD en CRR 2019, the Amendment Regulation) for public consultation. The Fourth Capital Requirements Directive (CRD4) and the Capital Requirements Regulation (CRR) have recently been amended. These amendments,

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