Publications

Latest Publications and Blogs

  • Legal Alerts
    |June 11, 2024

    On August 23, 2023, the Securities and Exchange Commission (“SEC”) adopted a controversial new rule designed to enhance the regulation of private fund advisers. Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews, 88 Fed. Reg. 63206 (Aug. 23, 2023). The rule, which passed by a narrow 3-2 vote, aimed to protect investors who directly or indirectly invest in private funds by increasing transparency, establishing requirements to address potentially harmful practices, and prohibiting certain activities deemed contrary to the public interest. Id. at 63209. However, on June 5, 2024, the U.S. Court of Appeals for the Fifth Circuit dealt a fatal blow to the SEC's efforts, vacating the rule in its entirety. See Nat'l Ass'n of Private Fund Managers v. SEC, No. 23-60471, slip op. at 25 (5th Cir. June 5, 2024) (Because the promulgation of the Final Rule was unauthorized, no part of it can stand.”)

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  • Newsletters
    |June 10, 2024
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  • Legal Alerts
    |June 10, 2024

    On May 10, 2024, the Department of Health and Human Services for the Center for Medicare & Medicaid Services published its final rule establishing minimum staffing standards for Long-Term Care (LTC) facilities. The final rule is part of the Biden administration’s focus on nursing home reform. In this alert, we break down the key provisions of the rule

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  • Legal Alerts
    |June 07, 2024

    On May 17, 2024, the Treasury Department’s Office of Foreign Asset Control (OFAC) issued a final Rule (2024 Rule) that clarified its regulations pertaining to Iranian sanctions. In large part, these changes expressly clarify what technologies can be provided to Iran. Although the regulations remain largely restrictive, the changes also provide some new opportunities for businesses trading with Iran, since OFAC’s new rule expressly permits the import/export of certain technologies, and therefore gives assurances to businesses that their conduct is permissible. An additional new opportunity is that OFAC will accept licenses for service providers to permit providing unlisted hardware and software to Iranian entities if those applications can meet OFAC’s policy considerations.

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  • Newsletters
    |June 06, 2024
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  • Legal Alerts
    |June 04, 2024

    On May 14, 2024, the U.S. substantially increased tariff rates – in some cases by as much as fourfold – on imports of an array of strategic products from China. The tariff surge builds on high tariffs already in place under an international trade law remedy imposed in 2018. The decision to raise the tariff rates resulted from continuing trade friction with China over intellectual property violations, trade imbalances, and national security and human rights concerns. Businesses with an interest in the designated imports should pay close attention to these changes and their implications for U.S. commerce.

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  • Legal Alerts
    |June 03, 2024

    The U.S. Equal Employment Opportunity Commission (EEOC) is stepping up enforcement actions related to EEO-1 Reports. The EEOC has sued 15 employers across the nation for failing to submit workplace demographic data reports to the Commission in compliance with mandatory federal reporting requirements, alleging that these employers failed to submit EEO-1 Component 1 annual data reports for the years 2021 and 2022.

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  • Articles
    |June 03, 2024

    Texas is teetering on the edge of a final determination of whether the Admission Rule will apply in future cases in the state.  The Admission Rule, recognized in many states and at least five appellate districts in Texas, says that direct negligence claims such as negligent training, hiring, and supervision are merely legal routes other than respondeat superior to impute liability onto an employer when the employee acts outside the course and scope of their employment. Under the Admission Rule, when an employer admits that an employee was in the course and scope of employment at the time of an alleged incident, evidence of the employer’s hiring, training, or supervision practices becomes inadmissible as irrelevant and likely to prejudice the jury because vicarious liability has already been established.

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  • Articles
    |June 03, 2024

    A study by the American Transportation Research Institute (ATRI) in 2020 addressed the impact of the notable increase in nuclear verdicts on the trucking industry. In 2021, the ATRI published a counterpart to this study, which addressed the impact of small verdicts and settlements on the trucking industry. Although the smaller payouts have little effect on large trucking companies and insurance carriers, there is no doubt that these smaller settlements are increasing in both frequency and severity.  While these reports set forth several specific conclusions related to trends in trucking litigation, namely an increase in claims and an increase in payouts, what has become clear over the past several years is that trucking lawsuit abuse reform is of growing interest in the transportation field.

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  • Articles
    |June 03, 2024

    According to the U.S. Chamber of Commerce Institute for Legal Reform, nearly one in four auto accident trials that result in a verdict of $10 million or more involve a trucking company. Faced with the prospect of such high payouts, the plaintiff’s bar is increasingly searching for deeper pockets in motor carrier personal injury cases by targeting third parties. Freight brokers are most often dragged into such cases under theories of negligent hiring and vicarious liability, though defending against such fact-intensive claims can be costly and difficult. Fortunately, brokers can limit exposure to vicarious liability through clear delineations of responsibilities in their contracts with motor carriers and strict adherence to the contracts’ terms. Here’s an excellent example.

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