On November 26, the U.S. Fifth Circuit Court of Appeals overturned sanctions imposed by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) against a decentralized cryptocurrency mixing service (a blockchain-based technology used to enable transaction anonymity) accused of facilitating money laundering.
Continue Reading Fifth Circuit Overturns OFAC Sanctions on Blockchain-based Privacy Technology
On December 3, the CFPB announced a proposed rule to enhance oversight of data brokers that handle consumers’ sensitive personal and financial information. The proposed rule would amend Regulation V, which implements the Fair Credit Reporting Act (FCRA), to require data brokers to comply with credit bureau-style regulations under FCRA if they sell income data or certain other financial information on consumers, regardless of its end use.
Continue Reading CFPB Takes Aim at Data Brokers in Proposed Rule Amending FCRA
On December 3, the CFPB filed a proposed settlement to resolve a long running lawsuit against a student loan relief company and its owner (collectively, the “Defendants”). The settlement bars the company from offering or providing debt settlement products. In addition, the Defendants must pay $2,000 in civil monetary penalties, an amount determined based on their inability to pay more.
In the latest episode of Sheppard Mullin’s French Insider, a monthly podcast dedicated to guiding French investors and companies through the complexities of investing and operating in the United States, Sheppard Mullin’s Jonathan Meyer offers a deep dive into the anticipated shifts under the next Trump administration. Meyer, a partner in the firm’s Governmental Practice Group and a seasoned authority in national security, and former General Counsel for the Department of Homeland Security, brings his extensive experience and insider perspective to the fore, providing invaluable insights for businesses bracing for change.
Today, the City Council (by a vote of 31 to 20) approved the modified City of Yes for Housing Opportunity text amendment (COYHO), which aims to combat the housing crisis by making it possible to build a little more housing in every neighborhood. COYHO is the final piece of Mayor Eric Adams’s City of Yes vision, a trio of legislative packages that seek to modernize and update the City’s zoning regulations. The first was the City of Yes for Carbon Neutrality, passed in December 2023, which promotes environmental sustainability, and the second was the City of Yes for Economic Opportunity, passed in June 2024, which supports economic growth and resiliency.
Continue Reading City Council says Yes to the City of Yes for Housing Opportunity
What antitrust enforcement will look like during a second Trump administration is, like antitrust law, complicated. Notions that Republicans are pro-business and therefore will take a laissez-faire approach to antitrust enforcement are outdated and simplistic. During Trump’s first term, antitrust enforcement was far from moribund, blending traditional Republican preferences for deregulation with a populist skepticism toward Big Tech and market concentration generally. This anomalistic meeting of progressive Democrats and conservative Republicans in the antitrust space even garnered a mash-up moniker – the “Khanservaties” – a group of conservative Republicans including Missouri Senator Josh Hawley and erstwhile Attorney General nominee and former Florida Representative Matt Gaetz, who praised Biden-appointed Federal Trade Commission (FTC) Chair Lina Khan. Vice President-elect J.D. Vance also provided backhanded praise for Khan, stating, “I look at Lina Khan as one of the few people in the Biden administration that I think is doing a pretty good job.”
Continue Reading Antitrust During Trump 2.0: It’s Complicated
In the Law360 article “Key Takeaways From FDA’s Latest Social Media Warnings,” Sheppard Mullin FDA Regulatory attorneys Dominick DiSabatino, Cortney Inman and law clerk Julian Klein cover the FDA’s Office of Prescription Drug Promotion October 31 untitled letter to Merz Pharmaceuticals GmbH regarding the social media promotion of Xeomin, an injectable for improving glabellar lines. The FDA critiqued the video on Xeomin’s Instagram account, noting misleading risk and efficacy presentations.
Continue Reading Key Takeaways from FDA’s Latest Social Media Warnings
Earlier this week, the U.S. Food & Drug Administration (“FDA” or the “Agency”) released its long-anticipated final guidance (the “Guidance”) on predetermined change control plans (“PCCPs”) for devices that utilize artificial intelligence/machine learning (“AI/ML”) software. FDA’s stated goal for the Guidance is to “to provide a forward-thinking approach to promote the development of safe and effective AI-enabled devices,” and it represents notable progress in the Agency’s scramble to keep with – or at least prevent being too far outpaced by – the rapid pace of AI/ML innovation, as used in digital health technology.
Beginning on January 1, 2025, all New York employers will be required to provide eligible employees with 20 hours of paid prenatal leave (“Paid Prenatal Leave”) during any 52-week period for health care services during or related to their pregnancy. The law was initially passed in May 2024 by Governor Kathy Hochul, and amends New York Labor Law § 196-b, the state’s Paid Sick and Safe Leave law. On December 2, 2024, the New York Department of Labor (“NYDOL”) released a long-awaited series of FAQs (the “FAQs”) clarifying a number of outstanding questions regarding the law’s application. The law is the first of its kind in the United States, and provides paid, protected leave for pregnant employees separate and apart from other available leave options. Key highlights of the Paid Prenatal Leave law are summarized below.
Continue Reading New York Paid Prenatal Leave Begins Next Year – What Employers Need to Know
Where Physician Burnout and Value-Based Care Intersect
This series explores legal issues related to physician burnout and potential solutions, and here we explore the potential impact of value-based care (“VBC”). Our first post addressed how healthcare organizations can foster the psychological safety and emotional well-being of their physicians. Our second post discussed artificial intelligence solutions as a potential way to attract, support and retain overwhelmed clinicians. Here, we explore how VBC can promote physician satisfaction and physician wellness by:
On October 16, 2024, the Federal Trade Commission (FTC) issued a new rule, referred to as the “Click to Cancel” rule, which is intended to make it easier for consumers to cancel recurring subscriptions and memberships.[i]
Continue Reading Renewal Revolution: Compliance With FTC’s “Click to Cancel” Rule
In less than two months, Donald Trump will be sworn in as the 47th President of the United States. President-elect Trump has already announced that he will nominate Republican Congresswoman Lori Chavez-DeRemer as his pick to serve as the next Secretary of the Department of Labor (“DOL”). It remains to be seen if the Trump DOL will continue the current administration’s targeting of the healthcare industry.
On November 13, the Federal Reserve Board issued two cease and desist orders against a state-chartered bank and a bank holding company for alleged compliance deficiencies.
Continue Reading Federal Reserve Board Penalizes Two Banks for Compliance Deficiencies
In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The opportunity to seek reconsideration of the dismissed claims will come if a reversal occurs in the Doe 1 v. Github interlocutory appeal. We covered more of the decisions in the Github case in this prior post.
Despite the uncertainty surrounding the immediate future of the U.S. offshore wind industry after the re-election of Donald Trump, industry participants including the Bureau of Ocean Energy Management (“BOEM”) are cautiously moving forward with development activities.
