On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment discrimination related to Diversity, Equity, and Inclusion (DEI) programs. Continue Reading
Paradise Lost: DC Circuit Affirms AI Has No Soul
Is copyright limited to human authorship? Or, may artificial intelligence create a work of art or write a novel that qualifies for copyright protection? Recently a federal appeals court concluded that only humans are entitled to copyright protection for their works. The court’s conclusion was based Continue Reading
Federal Courts Decide on FCA Claims Actions
There are still several unsettled legal issues regarding the standards applicable to a False Claims Act (FCA) claim, such as the standard to prove causation when an FCA claim is based on a violation of the Anti-Kickback Statute (AKS). The First Circuit recently weighed in on the issue and held that Continue Reading
If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)
Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the named defendant? What if the defendant uses creative corporate structuring to Continue Reading
Proposed Corporation Business Tax Regulations, Proposing Sweeping Changes, Published in ‘New Jersey Register’
On February 18, the New Jersey Division of Taxation published proposed corporation business tax (CBT) regulations that incorporate changes associated with 2023 reform legislation, as well as additional changes intended to clarify the effects of prior legislation. These regulations will impact all Continue Reading
Compliance Note No. 11: NJ Annual Business Entity Disclosure Reports
Businesses that received at least $50,000 in revenue during the 2024 calendar year through New Jersey government contracts must file an Annual Business Entity Disclosure report with the New Jersey Election Law Enforcement Commission no later than March 31, 2025. The annual report requirement is part Continue Reading
Pay Me What You Owe Me, Don’t Act Like You Forgot!
Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies
Federal Trade Commission Launches Inquiry Into Censorship by Big Tech Platforms
On February 20, 2025, the Federal Trade Commission (FTC) initiated a public inquiry regarding whether any technology platforms, including social media, communications, and other internet service providers, have violated the law by censoring, banning, or otherwise penalizing platform users based on Continue Reading
FDA Finalizes Guidance on Communications Regarding Unapproved Uses of Medical Products
In January 2025, the US Food and Drug Administration (FDA) finalized its 2023 revised draft guidance Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical Products, which focuses on how firms can communicate with healthcare Continue Reading