On Tuesday, October 22, 2024, Pennsylvania State University (“Penn State”) reached a settlement with the Department of Justice (“DoJ”), agreeing to pay the US Government (“USG”) $1.25M for alleged cybersecurity compliance violations under the False Claims Act (“FCA”). This settlement
Global Policy Watch
Key Public Policy Developments Around the World
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Are Recess Appointments Coming Back?
As 47th President of the United States, Donald Trump may be more focused and strategic than he was as the 45th, evidence of which may be a tweet of his from Sunday:
Any Republican Senator seeking the coveted LEADERSHIP position…
European Commission Adopts Implementing Regulation on DSA Transparency Reporting Obligations
On November 4, 2024, the European Commission (“Commission”) adopted the implementing regulation on transparency reporting under the Digital Services Act (“DSA”). The implementing regulation is intended to harmonise the format and reporting time periods of the transparency reports required by…
A Primer for Navigating the Presidential Appointee Vetting and Confirmation Process
Following the decisive election on November 5, the process of selecting and vetting individuals to fill the second Trump administration’s key appointed positions is quickly shifting into high gear. For those tapped for consideration, the decision to enter the process…
FDA Seeks Public Input on Process for Human Food Export Certification Lists
On November 8, 2024, the Food and Drug Administration (FDA) issued a notice of request for information (RFI) regarding the agency’s current approach to providing export certification in the form of lists (export lists) for human food products. The RFI…
FTC Issues Final “Click-to-Cancel” Rule
On October 16, the Federal Trade Commission (“FTC”) announced a final “click-to-cancel” rule that amends the previous Negative Option Rule to “make it as easy for consumers to cancel their enrollment as it was to sign up.” The Rule also…
501(c)(4) Organizations Could Face Additional Scrutiny Following Court Decision
November 1, 2024, Covington Alert
In a unanimous decision, the U.S. Court of Appeals for the Fifth Circuit affirmed the Tax Court’s denial of tax-exempt status for Memorial Hermann Accountable Care Organization (MHACO) as an organization described in section 501(c)(4) of…
FCC to Examine Customer Service Issues in the Communications Industry
By Yaron Dori & Andrew Longhi
On October 23, the Federal Communications Commission (“FCC”) released a Notice of Inquiry (“NOI”) seeking comment on potential initiatives to address customer service concerns among regulated communications service providers.
The FCC stated that the goal of the NOI is “to…
NLRB General Counsel: “Make-Whole Relief” for Non-Competes and No More “Stay-or-Pay”
National Labor Relations Board General Counsel (“GC”) Jennifer Abruzzo recently issued Memorandum GC 25-01 (“Memorandum”), suggesting new remedies for non-competes found to violate the National Labor Relations Act (“NLRA”) and proposing that the National Labor Relations Board (“NLRB”) presume “stay-or-pay”…
FDA Advertising and Promotion Enforcement Activities: Update
October 29, 2024, Covington Alert
This e-alert is part of a series of e-alerts summarizing publicly available FDA enforcement letters (i.e., warning letters and untitled letters) relating to the advertising and promotion of prescription drugs, medical devices, and biologics.
During the…