As racial justice becomes one of the top issues that concern employees across the globe, human resources departments in many organizations are taking steps to improve their workplace diversity and inclusion (D&I) policies. Many companies are now realizing the importance of D&I in boosting creativity and productivity in today’s workforce. However, many organizations still fail to achieve their D&I goals.
The past years have seen changing tides on the Americans with Disability Act (ADA) litigation landscape. The number of lawsuits filed in federal courts, which chiefly stemmed from alleged violations on websites and mobile application accessibility, has continuously increased. As regulatory developments and court decisions are yet to unfold, the ADA litigation landscape remains uncertain. Thus, businesses and their counsel must keep themselves in the know of any emerging update in this field of law. They must also revisit their practices to ensure ADA compliance and dodge potential lawsuits.
The representations and warranties insurance (RWI) market continues to rapidly evolve as it responds to the ongoing pandemic. A number of RWI trends have started to emerge including the classification of the current crisis as a heightened due diligence area and the standardization of COVID-19 exclusions. More significantly, several other issues are yet to arise as the health crisis continues to unfold.
Since the onset of the COVID-19 pandemic, the number of consumer class action lawsuits drastically upsurged in various industries. The regulatory paradigm has also significantly evolved with recent court decisions shedding light on future class action lawsuits. As the landscape remains uncertain, businesses and their counsel should keep themselves in the know of any emerging development in this field of law. They must also plan for effective litigation strategies to avoid mishaps.
Numerous policy changes and trends concerning wage and hour have made the landscape more complicated and challenging. Recently, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) released six opinion letters which aimed to address a raft of issues under the Fair Labor and Standards Act (FLSA).
With the new administration and several notable issues continuously emerging in the backdrop, an increase in enforcement actions is expected to hound the Foreign Corrupt Practices Act (FCPA) landscape bringing both complexity and new compliance challenges to businesses. Significant developments affecting large corporate FCPA settlements, multi-jurisdictional FCPA matters, and increased individual enforcement need crucial consideration and anticipation from companies and their counsel.
Every year, new issues relating to mergers and acquisitions (M&A) continue to emerge along with the increasing volume of transactions. With COVID-19 further complicating the current landscape, dealmakers need to be equipped now more than ever to properly navigate potential risks.
The economic turmoil brought by the COVID-19 pandemic has given rise to a wave of distressed companies. Because of today's chaotic economic landscape, these distressed companies need to be more well versed in dealing with their debts and obligations. With the unprecedented challenges of managing distressed debts in the backdrop, both lenders and creditors will need to explore available options such as restructurings and workouts with increased prudence.
In the US, the calls to step up enforcement of the antitrust laws have been heating up, as evidenced most prominently by President Biden’s Executive Order on Competition. The broad-reaching order, which contained 72 specific initiatives directed across multiple federal agencies, aims to address some of the most pressing competition issues across the economy. In particular, it encourages the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) to vigorously enforce current competition laws, revisit anticompetitive mergers, revise merger guidelines, and increase scrutiny of future mergers. Responding to this call, the FTC announced its decision to rescind the Vertical Merger Guidelines, and both agencies have signaled their intent to revisit the Horizontal Merger Guidelines and the Vertical Merger Guidelines. Chairwoman Lina Khan has similarly initiated a number of policy changes at the FTC aimed at more aggressive antitrust enforcement.
Recent and emerging developments continue to reshape the regulatory landscape of cannabis industry. On February 8, 2021, various companies and advocates founded the United States Cannabis Council (USSC) which is regarded as one of the largest cannabis unions to date.
Emerging developments have brought sweeping changes to the regulatory landscape of Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 and Committee on Foreign Investment in the United States (CFIUS). Recently, FIRRMA extended the scope of CFIUS review on covered transactions – a move which calls for a closer watch on foreign investments, export controls, and national security. Moreover, CFIUS also released its final regulations for mandatory filing process and requirements creating additional issues and challenges for all concerned practitioners.
The continuous rise of COVID-19 cases has made the product liability landscape trickier now more than ever. Current and emerging risk issues that manufacturers should monitor include novel medical product claims, indemnity disputes, and non-specialist manufacturer liabilities.
In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued its Joint Guidance for Human Resources Professionals on no-poach agreements. Since then, the Antitrust Division has continuously emphasized its initiatives in scrutinizing potential anticompetitive employment agreements.
Recent developments concerning International Trade Commission (ITC) litigation and enforcement continue to shape the international trade law. With the onset of the COVID-19 pandemic, the number of new complaints filed at the ITC surged in the second half of 2020.
The number of securities lawsuits have proliferated across various industries since the onset of the COVID-19 outbreak. These filings arose from alleged concealed COVID-19 threats, misleading pandemic-related treatments and services, and inadequate disclosure of the pandemic's impact on financial operations and prospects.
