EDPB Binding Decisions Can Be Challenged Directly by Organizations Before EU Courts
The Court of Justice of the European Union ruled in Case C‑97/23 P that organizations may bring an annulment action directly against a binding decision of the European Data Protection Board under Article 263 TFEU. The judgment overturns the previous requirement to first challenge the national supervisory authority’s decision in domestic courts. By recognizing the EDPB’s decision as a reviewable EU act, the CJEU gives companies direct access to the EU courts. The case stemmed from a dispute involving a messaging‑app company and the Irish Data Protection Commission.
SEC Issues New Guidance Under Rule 701 for Employee Equity Compensation
On March 6, 2026 the SEC’s Division of Corporation Finance released updated Compliance and Disclosure Interpretations (CDIs) for Rule 701 equity compensation plans. The guidance raises the enhanced‑disclosure threshold to $10 million and clarifies that all employees receiving equity must receive the...
PRESS PLAY, TRIGGER LITIGATION: $2.72M VPPA Pixel Settlement Approved
A federal court in the Eastern District of New York approved a $2.72 million class settlement in Carbone v. Limited Run Games, resolving Video Privacy Protection Act (VPPA) claims over Meta‑Pixel and other tracking tools. Plaintiffs alleged the company transmitted video‑viewing...
Good-Faith Investigation Defeats Preindictment Delay Challenge
The Fourth U.S. Circuit Court of Appeals reversed a district court’s dismissal of trade‑secret and wire‑fraud counts, holding that a prolonged good‑faith investigation does not violate the Due Process Clause. The court applied clear‑error review to factual findings but de novo...
New Reporting Requirement Under FinCEN's 'Residential Real Estate Rule' In Effect as of March 1, 2026
Effective March 1, 2026, FinCEN’s Residential Real Estate Rule mandates filing a Real Estate Report for every non‑financed transfer of residential property to an entity or trust, regardless of value. The rule replaces the previous geographic targeting orders with a permanent, nationwide...
SJC Affirms Whistleblower Protection for Employees Involved in the Wrongdoing They Report
The Massachusetts Supreme Judicial Court affirmed that the state Whistleblower Act shields employees even when they are involved in the wrongdoing they report, as held in Galvin v. Roxbury Community College. Thomas Galvin, the college’s chief compliance officer, was terminated after...
Supreme Court Poised to Revisit NEPA and RCRA
The U.S. Supreme Court granted certiorari in Department of the Air Force v. Prutehi Guahan, a case that asks whether the Air Force’s filing of a RCRA permit renewal counts as a final agency action that triggers NEPA review. The dispute...
Federal Court Dismisses Chapter 93A Claims Predicated on Fraud for Failure to Plead With Particularity
The U.S. District Court for Massachusetts dismissed Chapter 93A fraud claims against Bank of America after plaintiffs failed to meet Rule 9(b)'s heightened pleading requirements. Plaintiffs alleged $48,000 was transferred via Zelle without authorization and that the bank misrepresented Zelle’s safety and...
Industry Group Challenges CA Prop. 65 DEA Warning Requirement
The Personal Care Products Council (PCPC) filed a federal lawsuit in California challenging the Proposition 65 requirement to label diethanolamine (DEA) as a cancer risk. The suit argues the warning compels companies to convey a false, misleading message, citing limited scientific...
Using Loan Regime Split-Dollar Life Insurance to Navigate Nonprofit Executive Compensation Rules
Nonprofit executives face steep tax liabilities when deferred compensation under Section 457(f) vests, and any compensation above $1 million triggers a 21% excise tax under Section 4960. Traditional non‑qualified plans also create double reporting on Form 990, drawing unwanted scrutiny. A loan‑regime split‑dollar life‑insurance...
CalPrivacy Update: Shifting to Structural Compliance and Auditing
CalPrivacy has formalized its Audits Division and appointed Sabrina Boyson Ross as the agency’s first Chief Privacy Auditor, signaling a move toward systematic, technical oversight of privacy compliance. Recent California enforcement actions, including multi‑million‑dollar settlements, demonstrate regulators’ focus on whether opt‑out...
When Likes Lead to Lawsuits - Social Media Marketing Risks
Social media has evolved into a primary advertising channel, but rapid posting and influencer collaborations expose brands to a maze of legal obligations. Missteps—such as inadequate influencer disclosures, poorly structured sweepstakes, and missing content‑ownership agreements—can trigger enforcement actions from regulators,...
Sixth Circuit Becomes First Federal Appeals Court to Reject NLRB Cemex Ruling
On March 6, 2026 the U.S. Court of Appeals for the Sixth Circuit struck down the National Labor Relations Board’s newly‑crafted Cemex bargaining‑order standard in Brown‑Forman’s Woodford Reserve case. The court affirmed the Board’s finding of unfair labor practices but...
AIFMD 2.0- Investor Disclosures and Reporting
AIFMD 2.0 takes effect on 16 April 2026, tightening disclosure and reporting rules for EU‑authorized alternative investment fund managers and non‑EU AIFMs that market in the EU. The directive adds a mandatory fee‑allocation disclosure in pre‑contractual documents and revises Annex IV reporting, with a...
F1 to Green Card: US Immigration Pathways for International Students
F‑1 students cannot directly obtain a green card and must qualify under an employment‑based category, either through employer sponsorship (EB‑2/EB‑3) or self‑petition (EB‑2 NIW, EB‑1A). The optimal strategy hinges on the student’s degree, field, and country of birth, with the...
EEOC Letter Cautions Corporate America to Discontinue Unlawful DEI Programs
On February 26, 2026 the EEOC Chair Andrea Lucas sent a warning letter to the Fortune 500, cautioning that diversity, equity and inclusion (DEI) initiatives could violate Title VII of the Civil Rights Act. The notice echoes Trump‑era executive orders...
Arizona Considers Legislation to Deter DEI Programs and Policies
Arizona's House Bill 2135, passed by the state House and pending in the Senate, would create a private right of action allowing employees to sue employers for violating state or federal prohibitions on DEI policies. The bill sets a minimum...
PBM Reforms May Open a New Era for Group Health Plan Sponsors
The Consolidated Appropriations Act of 2026 (CAA 2026) introduces sweeping federal regulation of pharmacy benefit managers (PBMs) for employer‑sponsored group health plans. It mandates full 100 percent rebate pass‑through and detailed compensation disclosure, with semi‑annual reporting requirements taking effect for calendar‑year plans...
Ontario Labour Arbitration Decision Shows Proving Cannabis Impairment Is Key to Upholding Termination
Ontario’s labour arbitrator upheld a three‑month unpaid suspension rather than termination after an employee was found to have smoked cannabis during a lunch break. While the arbitrator accepted eyewitness testimony—specifically the distinct odor of marijuana—as clear evidence of use, the...
Arbitrability Ruling: Key Lessons From Texas Business Court’s BNSF V. Level 3 Decision
The Texas Business Court affirmed an arbitration award in BNSF Railway Co. v. Level 3 Communications, holding that the arbitrators, not the court, decide arbitrability when the Commercial Rules of the American Arbitration Association are incorporated. The court rejected BNSF’s motion...
B-1 Visa Updates: New Specialized Trainers Category for Foreign Nationals
The U.S. Department of State revised the Foreign Affairs Manual to create a distinct “Specialized Trainers” category under the B‑1 visa, expanding eligibility for foreign experts who provide proprietary technical training on imported industrial equipment. The change separates training from...
The February 2026 Compliance Deadline Is Here: Practical Steps for Substance Use Disorder Information Privacy Compliance
The U.S. Department of Health and Human Services and SAMHSA issued a February 2024 Final Rule that modernizes 42 C.F.R. Part 2, aligning substance‑use‑disorder (SUD) privacy with HIPAA while preserving heightened protections. Effective February 16 2026, the rule permits a single written consent for all treatment,...
Spilman V. The Salvation Army: California Court of Appeal Announces a New Framework for Nonprofit “Volunteers” In Wage and Hour...
California’s Court of Appeal in Spilman v. The Salvation Army established a new two‑part test to determine when nonprofit workers qualify as bona‑fide volunteers rather than employees under state wage orders. The court rejected the trial court’s reliance on a...
O-1 Case Study: USCIS Approves O-1B for Latin GRAMMY-Winning Audio Engineer From the Dominican Republic
Colombo & Hurd secured an O‑1B visa for a Dominican Republic audio engineer who won a Latin GRAMMY, achieving approval in three months via premium processing. The petition used an agent‑based sponsor to reflect the professional’s project‑based work across multiple...
Beltway Buzz, February 27, 2026
The U.S. Department of Labor issued a proposed rule reviving the 2021 “economic realities” test to determine independent‑contractor status, with comments due by April 28, 2026. The National Labor Relations Board removed the vacated 2023 joint‑employer text and reinstated the 2020 standard,...
Fifth Circuit Confirms: Oral Consent Is Enough Under the TCPA
The Fifth Circuit affirmed that oral consent satisfies the TCPA’s prior express consent requirement, holding that a customer’s provision of a phone number and lack of objection counts as valid consent for automated calls. The decision interprets “express consent” using...
NYC’s Amended ESSTA: Expanded Employee Time Off Rights Businesses Need to Know
On February 22, 2026 New York City amended its Earned Safe and Sick Time Act (ESSTA) and the Temporary Schedule Change Act. The changes add 32 hours of unpaid protected leave, expand qualifying reasons for leave, and grant 20 hours of paid prenatal leave, while scaling...
The Nova Scotia Case of the Unionized Employee Who Didn’t Work a Single Day: Gentleman V. Kings (County)
The Nova Scotia Supreme Court ruled that accepting a union‑covered job makes a person an employee under the collective bargaining agreement, even if they never start work. Beverly Margaret Gentleman’s rescinded offer was deemed a termination of a probationary employee,...
H-1B to Green Card: Understanding Your Options for Permanent Residence
The transition from an H‑1B visa to a U.S. green card follows either an employer‑sponsored route—typically PERM labor certification, I‑140 petition, and adjustment of status—or a self‑petition path such as EB‑1A or EB‑2 NIW that bypasses PERM. Employer‑backed EB‑2 and...
March 2026 Visa Bulletin: What Current EB-2 Date of Filing Means for Your Green Card
The March 2026 Visa Bulletin moved the EB‑2 category to “Current” on the Dates for Filing chart for Rest of the World, Mexico and the Philippines, allowing eligible applicants with approved I‑140 petitions to submit I‑485 adjustment of status applications...
AI News: Italy Sets the Rules for AI in the Workplace
Italy’s AI Act (Law No. 132) became effective on 10 October 2025, making Italy the first EU nation with a comprehensive national AI framework. The law classifies AI systems used for employment decisions as high‑risk, mirroring the EU AI Act, and imposes strict...
Last Payment for Production Employees in the Motion Picture Industry
California’s Labor Code section 201.5 creates a tailored final‑pay regime for workers engaged in motion‑picture production and broadcasting. The statute requires that terminated employees receive all earned wages by the next regular payday, with payment permissible by mail or at a...
Cal/OSHA Proposes a New ‘Walkaround Rule’
On February 13, 2026 Cal/OSHA issued a notice of proposed rulemaking to create a “walkaround rule” that would let additional employee, employer and third‑party representatives accompany inspectors during workplace inspections. The draft mirrors the federal OSHA rule but expands representation...
Texas Freezes Filing of New H-1B Petitions by State Agencies and Public Institutions of Higher Education
Texas Governor Greg Abbott ordered state agencies and public universities to halt all new H‑1B visa petitions until May 31, 2027, pending written permission from the Texas Workforce Commission. The directive also requires these entities to submit detailed sponsorship data by March 27, 2026....
New Mandated Reporter Requirements for the Entertainment Industry in California
Effective Jan 1 2026, California AB 653 (CAMERA) expands mandated‑reporter duties to talent agents, managers and coaches who work with minors. These individuals must report suspected child abuse under CANRA, with failure constituting a misdemeanor. Employers in the entertainment sector must treat this...
Nevada Enacts New Workplace Protections for Employees Exposed to Wildfire Smoke
Nevada’s Senate Bill 260, effective Jan. 1, 2026, requires employers to protect outdoor workers from wildfire‑smoke exposure. Covered firms must create written mitigation programs, monitor Air Quality Index values, train staff in understandable languages, and set up two‑way communication for AQI alerts...
Transitioning Remote Employees Back to the Office: 7 Key Insights for Global Employers
Employers worldwide are reassessing remote‑work policies, aiming to bring staff back to physical offices after years of pandemic‑induced flexibility. While U.S. at‑will employment permits unilateral mandates, many international jurisdictions treat long‑term remote work as an implied contractual term, requiring employee...
Florida and Texas AGs Issue Sweeping Anti-DEI Opinions on MLK Day
On Martin Luther King Jr. Day, Florida Attorney General James Uthmeier and Texas Attorney General Ken Paxton issued coordinated opinions declaring that diversity, equity and inclusion (DEI) programs violate equal‑protection guarantees. Both opinions lean on the Supreme Court’s 2023 Students...
Delaware Supreme Court Says Employer Can Enforce Restrictive Covenants After Revoking Ex-Employee’s Equity
The Delaware Supreme Court reversed a Chancery ruling and held that consideration for restrictive covenants is measured at the time the agreement is signed, not when it is enforced. In North American Fire Ultimate Holdings v. Doorly, the court affirmed...
Medicare Fraud Reporting: Whistleblower Program Overview and Common Questions
The Medicare whistleblower program, grounded in the False Claims Act, allows private citizens to file qui‑tam lawsuits exposing fraudulent Medicare claims. Successful relators receive a share of recoveries, which have totaled tens of billions of dollars, while the government gains...
IRS Roundup- January 21 – February 9, 2026
The IRS issued several key updates between Jan 21 and Feb 9, 2026, including Notice 2026‑9 extending the deadline for IRA and pension plan amendments to Dec 31 2027, and Fact Sheet 2026‑2 outlining the rollout of fully electronic federal payments under Executive Order 14247. It opened applications...
New Jersey Expands Rights Under the New Jersey Family Leave Act
On January 17, 2026 Governor Phil Murphy signed Assembly Bill 3451, expanding the New Jersey Family Leave Act (NJFLA). The law lowers the employer coverage threshold from 30 to 15 employees and reduces employee eligibility to three months of service...
When Employee Misconduct Becomes Marketplace Deception: Court Clarifies Chapter 93A’s Reach
The U.S. District Court for Massachusetts held that Chapter 93A does not cover routine employment disputes but can apply when an employee secretly competes using the employer’s resources and brand. In CMTA, Inc. v. Dussault, the court allowed the unfair‑practice claim...
