The D.C. Circuit is set to decide whether a work generated “autonomously” by an artificial intelligence (“AI”) computer system was properly denied copyright registration by the United States Copyright Office. The work at issue, titled “A Recent Entrance to Paradise,”
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Things Every Employer Should Know About Pension-Linked Employee Savings Accounts (PLESAs)
In the wake of recent developments, we are pleased to provide insights into Pension-Linked Employee Savings Accounts (PLESAs) under the Secure 2.0 Act. PLESAs are short-term savings accounts that are established and maintained within a defined contribution plan. The legislative…
SEC Revises (and Weakens) Climate Disclosure Rules
by Patrick Paul; Shawane Lee; John Habib
On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) adopted final climate disclosure rules sparking a range of reactions within the business and environmental communities. These changes represent a…
EPA Announces Removal of Existing Natural Gas Plants from Proposed Carbon Rule
On February 29, 2024, the US Environmental Protection Agency (EPA) announced a significant delay in the implementation of its proposed carbon rule for existing natural gas power plants. This decision has drawn criticism from both environmental and industry groups, highlighting…
FDA and Industry Announce the End of PFAS Use in Food Packaging
In a significant move designed to enhance public health, the U.S. Food and Drug Administration (FDA) has announced that the sale of per- and polyfluoroalkyl substances (PFAS) used in grease-proofing food packaging has ceased in the United States. (USFDA Announcement)…
Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself
In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not infringe a trademark…
Taking the Off Ramp: IRS Opens Limited Program To Return Wrongly Received Employee Retention Credits
By Matthew P. Chiarello and Carlene Y. Lowry
The IRS continues to evaluate and process Employee Retention Credit (“ERC”) claims with a focus on inaccurate and ineligible filings. Among its efforts to police the ERC program, the IRS announced a…
Certain Information Statements for ISOs and ESPPs Due by January 31, 2024
As reported in Part 4 of our 2022 End of Year Plan Sponsor “To Do” List, Section 6039 of the Internal Revenue Code (the “Code”) requires employers to provide a written information statement to each employee or former employee…
U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024
On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on March 11, 2024, and will…
Updated Glass Lewis Proxy Voting Guidelines (Clawbacks)
I previously blogged about the New York Stock Exchange and Nasdaq listing standards that require issuers to adopt compliant clawback policies by December 1, 2023. While many issuers may have already adopted clawback policies that satisfy the minimum legal requirements…