On October 7, 2024, a federal judge granted preliminary approval to the $2.78 billion settlement that will cap the amount of money National Collegiate Athletic Association (NCAA) schools can spend in compensation for the use of student athletes’ name, image, likeness. The settlement calls for total Continue Reading
FTC Imposes Record $5.6M ‘Gun Jumping’ Fine
Crude oil producers XCL Resources Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun), and EP Energy LLC (EP) have agreed to pay a $5.6 million civil penalty to settle violations under Section 7A of the Clayton Act, as amended (commonly referred to as the Hart-Scott-Rodino Antitrust Improvements Continue Reading
Delaware Law Update 2024 Year in Review
Our Delaware Corporate, LLC and Partnership Law attorneys closely follow the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2024 Year in Review is a collection of brief summaries of selected cases concerning Delaware Corporate, LLC and Partnership Law. Our summaries are Continue Reading
Nursing Home Update
The federal government has made a variety of changes to federal requirements aimed at improving the quality of care at long-term care facilities across the country. In May 2024, the United States Department of Health and Human Services (HHS) finalized and published the contentious Nursing Home Continue Reading
Proposed HIPAA Security Rule Amendments: Not Too Soon to Take Stock
On January 6, 2025 the U.S. Department of Health and Human Services published a Proposed Rule (90 FR 898) to strengthen the HIPAA Security Rule and afford greater cybersecurity protections for electronic protected health information (ePHI). The Proposed Rule is in response to increasing reliance on Continue Reading
Delaware Court of Chancery Rejects Elon Musk’s $55.8 Billion Tesla Compensation Package (Again)
Recently, the Delaware Court of Chancery rejected—for the second time—Elon Musk’s historic $55.8 billion executive compensation package, despite Tesla Inc.’s efforts to have its stockholders purportedly ratify the grant. This opinion is the latest ruling from this six-year-long derivative dispute; a Continue Reading
Removal of Manager of Delaware LLC Arising from Member’s Inability to Cure Defaults
In re: Bold St. Peters, L.P. v. Bold on Boulevard LLC, et al. (C.A. No. 2024-0653-MTZ), the Court of Chancery concludes that a member of a Delaware LLC was validly removed as manager of a limited liability company. Background To briefly summarize the facts of this case, an LLC was Continue Reading
Feature Comment: The CUI Program: DOD, We Have A Problem (Part II)
Compliance Note No. 9 New FEC Proposed Rule
The Federal Election Commission (FEC) is seeking comments on a proposed new rule that allows contributors to request the agency redact their personal information from reports disclosed on its website. Under the proposed rule, if a contributor shows there is a reasonable probability that disclosure Continue Reading
Drug Delivery Device Patents Removed from Orange Book
The listing of patents in the Orange Book has an important role in intellectual property protection for pharmaceuticals. Patents listed in the Orange Book can include, without question, patents covering compositions or methods of use for pharmaceuticals. But for years, questions have been raised as Continue Reading