In connection with the upcoming Form 10-K/proxy season, public companies with a fiscal year ending on December 31 will be required, for the first time, to publicly file their insider trading policies as exhibits to their Annual Report on Form 10-K pursuant to Item 408(b) of Regulation S-K. Prior to this SEC rules requirement, it
Bass, Berry & Sims PLC Blogs
Latest from Bass, Berry & Sims PLC
SBICCT Initiative Adds New Tool to Drive Innovation
The Department of Defense (DoD) has long searched for ways to foster innovation in the defense industrial base by harnessing US comparative advantages like our capital markets and American technological innovation. The recent establishment of the Small Business Investment Company Critical Technology (SBICCT) Initiative aims to do just that as it adds another instrument to
Insight on U.S. Foreign Investment Regulations for ABA Business Law Today
We recently authored an article for Business Law Today offering insight into a proposed amendment to the operations of the Committee on Foreign Investment in the United States (CFIUS), the interagency committee that reviews foreign investment in the United States for potential national security implications.
International Trade Enforcement Roundup – Summer 2024
You are reading the Summer 2024 Update of the Bass, Berry & Sims Enforcement Roundup. After a short hiatus, we are back to reporting on notable enforcement actions and policy changes and providing a bit of our insight.
United States Files First Complaint Under the Civil Cyber-Fraud Initiative
On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that the defendants knowingly failed to meet cybersecurity requirements in connection with certain Department of Defense (DoD) contracts in violation of the False Claims Act.
HHS Proposed Rule Seeks to Align Health IT Procurement Standards to Leverage Interoperable Data
On August 9, the Department of Health and Human Services (HHS) published a proposed rule that seeks to amend and update the Health and Human Services Acquisition Regulation (HHSAR) to align health IT procurement requirements. The rule mandates that health IT procured by HHS meet certain “standards and implementation specifications adopted by the Office of
Register Now | A Step-by-Step Approach to Navigating EEOC Charges Webinar
Responding to a charge from the Equal Employment Opportunity Commission (EEOC) can often be a complex and opaque process, fraught with red tape. To alleviate this burden, we have developed a comprehensive roadmap to assist employers, in-house counsel and human resources professionals in managing EEOC charges from start to finish, while avoiding common pitfalls and
False Claims Act Decisions to Know from Q2 2024
In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and issues around judgments and awards.
Chevron No More: The Impact on Benefit Plans
On June 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural Resources Defense Council, Inc. (Chevron). In this landmark case, Loper Bright overruled the forty-year doctrine known as “Chevron deference,” whereby courts
Federal Court Blocks FTC Non-Compete Rule Nationwide
Today, the federal district court for the Northern District of Texas, in Ryan LLC v. Federal Trade Commission [FTC] (opinion found here), “set aside” with nationwide effect, the FTC “Non-Compete Rule.” The federal district court held that the FTC exceeded its statutory authority in promulgating the Non-Compete Rule, concluding “the text and the structure of