The US Department of Labor (DOL) issued a press release on September 6, 2024 reminding ERISA plan fiduciaries that it considers cybersecurity to be an area of “great concern” and emphasizing that it continues to investigate potential cybersecurity-related ERISA violations. The press release accompanied guidance updating the DOL’s 2021 cybersecurity subregulatory guidance and, most significantly,
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Join Us for an Upcoming AI and IP Law Panel
By Morgan Lewis
Partner Andrew Gray will be a featured panelist at the upcoming Licensing Executives Society event titled AI and the Law: What You Need to Know Today. In this discussion, Andrew and fellow panelists will explore how artificial intelligence (AI) continues to transform intellectual property law, licensing, and strategy.
DOL QPAM Notification Deadline of September 15 Fast Approaching
By Morgan Lewis
The amendments to the QPAM Exemption include a September 15, 2024 notification deadline that will apply to many asset managers. This blog post includes a brief summary of the US Department of Labor’s (DOL’s) recent technical amendments to the exemption.
No Surprise: 340B Audits Are on the Rise!
By Morgan Lewis
While audits are part of doing business in the ordinary course, businesses are generally less than eager to open the books. And the same is true when it comes to the 340B Drug Pricing Program. Audits are now making the list of ongoing disputes between manufacturers and covered entities (CEs) participating in the program.
Join Us for the Next Startup and Accelerate Session on AI
By Morgan Lewis
Please join us for the next installment of our Startup & Accelerate webinar series , focusing on key artificial intelligence considerations for emerging companies. In this webinar, partner Michael S. Ryan and of counsel Brian P. Slough will explore important legal and technology issues and questions that startups and emerging companies should consider with respect…
Structuring Rights to AI/ML Outputs, Insights, and Improvements When Customer Data Is Foundational
By Morgan Lewis
How are intellectual property (IP) and data rights allocated when a particular dataset is a key to unlocking a powerful new artificial intelligence/machine learning (AI/ML) model or use case? To find a balance, contracting parties may end up trading a black box for Pandora’s box.
What the End of the Chevron Doctrine May Mean for ERISA’s Fiduciary Provisions
By Morgan Lewis
In Loper Bright Enterprises v. Raimondo and Relentless Inc. v Department of Commerce , the Supreme Court held that both the United States’ constitutional structure and the Administrative Procedure Act preclude a court from deferring to administrative agencies when they interpret ambiguous statutory text. Instead, the court must assess the “best meaning” of the statute…
Asia Spotlight: Remote Work in Tech Sector Raises New Challenges for Employers
By Morgan Lewis
Employers in the Asian region face novel challenges in connection with the heightened competition for talent in the technology sector. Offering remote or flexible work arrangements can serve as a competitive advantage. However, it is essential for companies to consider implications related to immigration, tax, data privacy, security, and employment law.
Withdrawal Liability Notice and Demand in Multiemployer Plans: Interpreting ‘As Soon as Practicable’ for Funds and Employers
By Morgan Lewis
A recent ruling by the US Court of Appeals for the Third Circuit serves provides a valuable reminder for multiemployer pension funds and contributing employers regarding ERISA’s withdrawal liability notice and demand requirements. Specifically, the case presents a recap of what it means for a notice and demand to be provided “as soon as practicable”…
Paying Salaries in Cryptocurrency in the UAE: A New Possibility?
By Morgan Lewis
A recent judgment from the Dubai Court of First Instance determined that part of an employee’s remuneration can be paid in cryptocurrency, but notably does not change the basic principle that cryptocurrencies cannot be the sole form of remuneration in an employee’s salary package.