“The Federal Deposit Insurance Corporation took control of the bank’s assets on Friday. The failure raised concerns that other banks could face problems, too.”

The war on plastics and petrochemicals has ramped up in 2023. The first two months of the year have seen the petrochemical supply chain under stress.

Environment, social, and governance (ESG) considerations related to investment and corporate governance have made front-page news in recent months, as US elected officials debate whether industry-related ESG practices may violate antitrust laws.

California Assembly Bill 1228 (A.B.1228), otherwise known as the Fast-Food Franchisor Responsibility Act, was introduced on February 16, 2023.

Nike Inc. recently sued Japanese streetwear company, A Bathing Ape (BAPE), in the Southern District of New York, alleging that BAPE’s business model revolves around offering “near verbatim” copies of Nike’s iconic Air Force 1, Air Jordan, and Dunk designs.

Similar to the federal Fair Labor Standards Act, California law requires an employer to pay overtime based on an employee’s “regular rate of pay.

Ground lease structures have become a common feature of conduit financings in the municipal bond market. They provide tax advantages to projects and can be structured several different ways depending on the tax-exempt status of the parties involved.

The entitlement to bring claims for breaches of the investment standards and protections contained in Section A of Chapter 11 of the North American Free Trade Agreement will soon end. 

USD LIBOR is the last step in the long and winding road that has been LIBOR’s slow demise over the last several years as all other LIBOR instruments worldwide have already substantially transitioned.

I just came across a decision issued in the District of Massachusetts, Logue v. The Rand Corporation, and it reminded me of some key aspects of the attorney-client privilege related to in-house counsel about which I have written over the years.

Health Care Partner Anne Murphy recently talked with Deborah Biggs of PYA and Michael Peregrine of MWE about recent developments surrounding environmental, social, and corporate governance (ESG) in the health care industry.

In parallel cases, health care providers are continuing to challenge rulemaking by the US Departments of Treasury, Labor, and Health and Human Services (the Departments) under the No Surprises Act (the Act).

No industrial company wants to find itself on the morning news tied to a chemical spill or train derailment. Events like those can transform even the most highly regarded company into a movie villain and give rise to substantial liability. Preparation is essential.

Headlines that Matter for Companies and Executives in Regulated Industries

This past month, the California Supreme Court granted a petition to review the Court of Appeal’s decision in Camp v. Home Depot U.S.A., Inc.

The Federal Trade Commission (FTC) has taken action under the “Made in USA” labeling rule against Instant Brands for falsely claiming that its Pyrex-brand glass measuring cups were manufactured in the United States.

In a move changing a decades-long practice, The Joint Commission extended its required timeframe for the reappointment of practitioners from every two years to every three years, unless law or regulation require shorter time periods.

The National Labor Relations Board (NLRB or Board) recently ruled that it is illegal for employers to offer severance agreements that include broad non-disparagement and confidentiality provisions to employees, even those without union representation.

On Friday, February 24, 2023, on the one-year anniversary of Russia’s further invasion into Ukraine, President Biden, the Office of the US Trade Representative (USTR) and the US Department of Commerce, Bureau of Industry and Security (BIS) imposed duties relating to Russia.

Ruling on a narrow, but significant question, the US Supreme Court affirmed that the white-collar overtime exemptions under the federal Fair Labor Standards Act (FLSA) require employers to pay an employee on an actual “salary basis.”

With USD LIBOR expected to end on June 30, 2023, there are numerous legal and financial implications to consider, especially as the pace of remediation of leveraged loans (and other commercial loans) needs to progress further according to the Alternative Reference Rates Committee (ARRC).

On February 15, 2023, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule which would require greater disclosures of the ownership and management of Medicare and Medicaid nursing homes.