Know What's Happening in Legal
Know What's Happening in Legal
Delaware Supreme Court revives insurers' contract claims against Blackbaud over ransomware breach
The court reversed lower‑court dismissals, allowing insurers to pursue breach‑of‑contract claims against Blackbaud for its 2020 ransomware incident. Blackbaud previously paid a $3M SEC fine and $49M settlements to state attorneys general for misleading breach disclosures.
Also developing:
Hong Kong courts have now ruled that the Mainland China trial supervision system does not automatically invalidate the recognition and enforcement of Mainland judgments. Recent decisions, notably Sunsco International Holdings Ltd v Lin Chunrong and Huzhou Shenghua Financial Services Co Ltd v Hang Pin Living Technology, require parties to prove a realistic prospect of a retrial rather than relying on the mere existence of the supervision mechanism. Under both common‑law principles and the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597) and its 2024 counterpart (Cap 645), listed judgments are deemed final and conclusive. The shift resolves a two‑decade legal uncertainty and aligns Hong Kong’s enforcement regime with modern cross‑border practice.
New York Governor‑backed legislation seeks to overhaul the State Environmental Quality Review Act (SEQRA) by creating targeted exemptions for infill housing projects, mirroring recent California reforms. The bill exempts small residential developments in cities over one million residents and in...
The U.S. Department of Health and Human Services has issued a December proposed rule to overhaul the Transparency in Coverage (TiC) machine‑readable files, with implementation slated for 2027. The rule would filter out payment rates that never apply to a...
Avalara released its 2026 Tax Changes Report, highlighting “off the charts” growth in U.S. transaction taxes. In a sponsored MSDW podcast, Avalara VP Scott Peterson explained how federal income‑tax reforms will affect state tax structures. He noted that many states...
The EEOC and OPM released new technical assistance urging federal agencies not to apply a blanket denial of telework accommodations for employees with disabilities. The guidance stresses that telework decisions must be fact‑specific and comply with the Rehabilitation Act and...
The Government Accountability Office reported that the FBI used its “assessment” authority to collect intelligence on more than 1,000 journalists, religious groups and public officials between 2018 and 2024. Assessments permit physical surveillance, grand‑jury subpoenas and human sources without a...
The EPA announced a final rule to repeal its 2009 finding that greenhouse gases endanger human health and welfare. The agency argues the original finding exceeded its authority and should be a congressional decision, invoking the Major Questions Doctrine. Critics...
The Commercial Vehicle Safety Alliance (CVSA) announced that false‑log violations stemming from electronic logging device (ELD) tampering will be classified as an out‑of‑service violation effective April 1. Its annual International Roadcheck, scheduled for May 12‑14, will place special emphasis on detecting ELD...
A bipartisan group of 100 lawmakers, led by Reps. Yvette Clarke and Michael Lawler, sent a letter to the Department of Homeland Security urging an exemption from the $100,000 H‑1B filing fee for health‑care workers. The request is backed by...
Regulators are shifting fee‑transparency from a best‑practice suggestion to enforceable law, with the FTC warning rental‑software providers and states mandating upfront disclosure of all mandatory charges. Property managers must now display administrative, amenity and move‑in fees consistently across listings, emails...
Today, the Dutch parliament has decided to approve the tax on realized gains. That means: 36% on realized gains on #Bitcoin, and stocks. This will be going in practice on the 1st of January 2028. Complete insanity. What does this exactly mean? Well,...
CK Hutchison Holdings has invoked a bilateral investment treaty as Panama’s Supreme Court moves to deem the 1997 law that underpins its Balboa and Cristóbal terminal concessions unconstitutional. The pending ruling threatens to make the ports’ operations illegal, prompting the...
The European Commission’s draft Digital Networks Act (DNA) would require every new passenger vehicle sold in the EU to include a radio receiver capable of digital (DAB+) and analog broadcasts. The proposal aims to preserve terrestrial radio as a public‑safety...
The Government Accountability Office released a report highlighting gaps in the Coast Guard’s handling of discrimination complaints, known as social climate incidents. The GAO identified 112 reported incidents from fiscal 1998‑2024, 79% of which involved race or ethnicity, with more...
Anna’s Archive, a piracy activist group, has begun seeding roughly 2.8 million Spotify tracks—about 6 TB of audio—via its torrent index, despite a New York court injunction and a $13 trillion lawsuit filed by Spotify and major labels. The leak follows a massive...
On 5 February 2026 Italy’s Council of Ministers approved a draft legislative decree to transpose the EU Pay‑Transparency Directive (2023/970) into national law, with a June 7 2026 deadline for full implementation. The decree anchors equal‑pay assessments to the classifications set out in national...
A federal judge in the Eastern District of Missouri dismissed the state’s lawsuit accusing Starbucks of discriminatory DEI practices. The court found the complaint speculative and lacking concrete demographic data to show harm to white, male, or heterosexual applicants. Missouri’s...
Federal student‑loan borrowers filed a record 18,400 complaints to the CFPB for the year ending June 2025, a 36% increase over the prior year. The agency’s 21‑page report, released in January, omitted the detailed breakdown of complaint types, servicers involved, and...
Tom Goldstein, co‑founder of SCOTUSblog and veteran appellate lawyer, testified in his federal white‑collar criminal trial in Maryland. He acknowledged mistakes in tax filings but denied the criminal tax‑fraud allegations brought by prosecutors, who say he failed to report $2.7 million...
The New York State Fair Business Practices Act (FAIR Act) was signed in December 2025 and becomes effective on February 17, 2026, marking the first major overhaul of General Business Law § 349 in five decades. The legislation expands the scope...
One of the most terrifying moments for @billda happened in a deal we did together. He was sitting in his car in a parking lot, hands shaking, staring at a letter. Our main supplier—80% of the SKUs—was terminating us. And he was...
A California Court of Appeal ruled that applicants can sue for violations of the Investigative Consumer Reporting Agencies Act (ICRAA) without proving actual harm, awarding statutory damages of $10,000 or more. The decision arose from Parsonage v. Wal‑Mart, where the...
The Ninth Circuit ruled in July 2025 that the Office of Federal Contract Compliance Programs (OFCCP) must disclose consolidated EEO‑1 reports for federal contractors covering 2016‑2020. After a series of FOIA lawsuits by the Center for Investigative Reporting, OFCCP abandoned...
SEC Enforcement Division Director Margaret “Meg” Ryan addressed concerns about a perceived lull in enforcement during a February 11, 2026 speech. She reaffirmed the division’s commitment to vigorously enforce securities laws, emphasizing transparent processes, a focus on case quality over...
Donald T. Kinsella, a 79‑year‑old veteran litigator, was appointed U.S. attorney for the Northern District of New York by a panel of federal judges. Hours later, a White House email informed him he was being removed, and Deputy Attorney General...
California’s Proposition 39 created citizen bond oversight committees (CBOCs) to add accountability to school‑facility bonds, but two‑decades of experience show they have not uncovered fraud. Annual audits remain compliance‑focused, while most fraud cases surface through law‑enforcement or targeted state investigations. The...
In this episode, the host reveals how AI analysis exposed his habit of dominating client consultations with four‑minute monologues, prompting a shift to a 30‑second speaking rule. He explains the power of brief pauses and targeted questions to foster client...
Physician non‑compete agreements are back in the spotlight as the FTC signals a targeted crackdown on contracts it deems unreasonable, rather than pursuing a sweeping federal ban. The debate pits practice protection against clinician mobility and continuity of care. Medical...
The National Advertising Division (NAD) ordered T‑Mobile to modify ads that suggested Verizon customers could face $147 per month in in‑flight Wi‑Fi charges, a claim the regulator deemed misleading. T‑Mobile’s calculation compared its free GoGo Wi‑Fi perk to an assumed Verizon...
This week's Biotech Scorecard newsletter: The old Vinay Prasad never left. He just changed jobs Submissions to the FDA are handled by teams of reviewers, of course. But when I look across all of these recent cases, I see a...
Senate Cmrc approved the SAT Streamlining bill after RM Maria Cantwell (D-WA) and Chr Ted Cruz (R-TX) reached agreement over "deemed granted" prvsn that originally meant FCC had 18 months to rule on a satellite appl or it wld be...
The Interactive Advertising Bureau (IAB) released the Direct Buy Addendum v1.0 along with updated General and Special Terms for digital advertising agreements, opening a 45‑day public comment window that runs through March 31. The framework is designed to replace bespoke contracts with...
A U.S. District Judge in New York ruled that a Texas financial‑services executive cannot claim attorney‑client privilege over 31 documents he created with an artificial‑intelligence tool. The judge found the AI outputs were not communications with counsel, lacked confidentiality, and...
The Supreme Court is increasingly emphasizing the party presentation principle, which holds that litigants control the issues, arguments, and evidence presented to the court. Recent decisions in United States v. Sineneng‑Smith and Clark v. Sweeney rebuked appellate courts for introducing...
Social platforms are experiencing a revenue surge, with YouTube reporting $60 billion and Reddit posting a 70 % YoY increase in Q4. At the same time, regulators worldwide are moving to restrict under‑16 access, as Australia bans it and the EU, US,...
The episode recaps the ASTP Annual Meeting, highlighting its role as the premier gathering for health‑tech and interoperability stakeholders and noting the scarcity of concrete announcements. The most significant insight came from a surprise panel on Information Blocking featuring the...
Vivox AI offers a regulator‑first compliance platform that automates repetitive first‑line tasks using atomic workflow steps, ensuring each action is auditable and explainable. The solution, live in about 100 countries, targets fintechs, payments firms and digital banks struggling to scale...
President Trump created the Department of Government Efficiency (DOGE) and installed Elon Musk as its temporary head. Musk announced that his team dismantled the U.S. Agency for International Development (USAID) over a weekend, prompting a lawsuit alleging violations of the...
The UK Employment Rights Act 2025 introduces day‑one statutory sick pay and removes the lower earnings limit, reshaping payroll compliance. Employers must adjust payroll systems within the first 12 months to accommodate immediate SSP payments and altered eligibility for part‑time...
8am has upgraded its LawPay platform into a full‑service financial management solution for law firms, adding invoicing, time‑tracking, expense management, and real‑time reporting to its existing payments engine. The new offering features Smart Spend, an automated expense tool powered by...
The Delaware Supreme Court affirmed that Harman International’s $28 million merger settlement is covered under its directors‑and‑officers (D&O) policy, despite the insurers’ reliance on a “bump‑up” exclusion. The court applied a two‑step test, accepting that the underlying securities claim alleged inadequate...
NEW: 🇺🇸 Paul Atkins says the SEC is preparing token taxonomy guidance tied to the CLARITY Act and reaffirmed that the U.S. aims to lead as the global crypto capital through clear rules and innovation. Sources: Paul Atkins & Bryan Steil...
France’s 2023 resilience reserve has sparked an unprecedented wave of reinsurance captives, now underwriting more than €200 million in gross premiums. The government’s provision mirrors Luxembourg’s successful equalisation model but offers slightly less generous terms, creating a tax‑efficient, regulated pathway for...
Recent Nacha rule updates now require repeatable, provable verification of supplier bank accounts, shifting the focus from intent to defensibility. Controllers relying on email confirmations, phone callbacks, and ad‑hoc checks face heightened exposure as fraudsters employ AI‑generated communications. The webinar...
The 2026 Litigation Trends Survey from Norton Rose Fulbright shows a steep decline in litigation preparedness, with confidence among U.S. general counsel dropping from 46% in 2024 to 29% in 2025. The dip aligns with regulatory uncertainty following the shift...
Deloitte and USC’s Peter Arkley Institute released its fifth‑year analysis of S&P 500 risk‑factor disclosures, finding that average page counts rose to 14.3 and risk‑factor totals to 32. Despite SEC reforms aimed at trimming disclosures, 56% of firms added pages and 37%...
Digital stablecoins are being positioned as an operating system for global real‑estate finance. Projects like TransactionCOIN aim to replace wire transfers with instant, blockchain‑settled payments for deposits, closings, and rent. By compressing settlement cycles from weeks to minutes, stablecoins could...
A federal appeals court ruled that an FAA employee’s retaliation claim failed because his internal grievance did not allege unlawful discrimination, and therefore was not protected activity under Title VII. The court emphasized that only complaints that challenge discrimination, not...
Women and equalities minister Bridget Phillipson told a meeting with nurse Jennifer Melle and health minister Karin Smyth that the Equality and Human Rights Commission’s revised code of practice applies only to services, associations and public functions, not to workplace...
In this 1:47 Expert Viewpoints clip, Claims Journal’s Allen Laman interviews Pragatee Dhakal, Director of Product Strategy and Enablement at CLARA Analytics, about the surge of "nuclear verdicts"—jury awards that dwarf economic damages. They explore how social inflation, emotionally charged...
