Universities looking to enter into P3 transactions with private partners to monetize existing facilities or as part of a strategy to finance capital improvement plans may be surprised to learn, on occasion, that their proposals don’t qualify as infrastructure from their investors’ perspectives.

Cars moving on a two way road divided by a strip of trees in the middle

The Ninth Circuit ruled on Thursday that a California retailer must pay its own legal fees in a state consumer protection lawsuit brought against it by the California Attorney General.

On April 19, 2021, FDA issued a final rule that amends its device classification regulations to exclude from regulation as a medical device certain types of software functions for certain products.

On April 8, 2021, in a case of first impression, the Fourth Circuit enforced a provision of an arbitration agreement that required the parties to waive appellate review.

We have previously blogged about President Biden’s infrastructure plan released in late March. The sweeping $2 trillion plan provides a blueprint designed to strengthen America’s infrastructure and reduce greenhouse gas emissions.

Venture Capital & Emerging Businesses

The Department of Justice is on high alert for situations when hype turns to fraud at tech startups.

After much media hype, Nike Inc. has settled a trademark dispute with the artist collective, MSCHF Product Studio, Inc., over claims that MSCHF deceived consumers into believing that Nike is affiliated with the collective’s “Satan Shoes.”

Congress recently passed two bills that are designed to educate patients and prescribers about biosimilars and thereby encourage their use and to close a loophole in existing law that allows certain branded drugs to retain longer market exclusivity.

This potential expansion of CFIUS’s powers suggests broader congressional concern about attempts by Chinese entities to circumvent CFIUS reviews and access critical technologies.

On Thursday, the Senate Finance Committee held a confirmation hearing for two of the most important health policy officials nominated by President Biden, Chiquita Brooks-LaSure (Administrator, Centers for Medicare and Medicaid Services) and Andrea Palm (Deputy Secretary).

During the COVID-19 pandemic, travel restrictions can change quickly for both lawful permanent residents and others seeking to enter or return to the United States.

On April 1, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an Advance Notice of Proposed Rulemaking (ANPRM) to solicit comments from the public on issues relevant to the implementation of the Corporate Transparency Act (CTA). The CTA was enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021.

Decision highlights the need for applicants to focus on additional improvements to technology when drafting and prosecuting applications directed to computer-implemented diagnostics methods.

As discussed in a previous alert, The American Rescue Plan Act (ARPA) provides 100% subsidized premiums for health care continuation coverage under COBRA for eligible individuals and their dependents.

The Second Circuit recently held that artist Andy Warhol’s use of Lynn Goldsmith’s photograph of the musician Prince (the “Goldsmith Photograph”) to create fifteen new unauthorized silkscreen and pencil artworks (the “Prince Series”) was not fair use.

Anyone who has called customer service in the past decade is familiar with the refrain, “this call may be recorded for quality assurance purposes.”

Aerial view of a field

AgTech companies face an exciting opportunity to play a large role in achieving sustainability and promoting ESG.

As we previously reported, in 2019 the California Chamber of Commerce filed suit against the State of California requesting that the State and private enforcers be enjoined from requiring Proposition 65 warnings on foods that contain acrylamide. Since then, manufacturers and distributors of ce

President Biden’s sweeping infrastructure proposal, the American Jobs Plan, takes a broad view of what constitutes infrastructure and tackles many of the issues President Biden highlighted in his campaign, including climate change, the state of the country’s traditional infrastructure.

In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional Solicitor or his/her designee concurs with the liquidated damages request.

Virginia has become the latest state to legalize adult recreational cannabis use, although the legislation will not be effective immediately.

Headlines that Matter for Privacy and Data Security.

After an extended and significant debate on Tuesday, April 6, the DC Council approved a delay in the Mayor’s submission of the FY2022 District budget to May 27, 2021.