Insights

Los Angeles – May 9, 2024: Inner City Law Center recognized Crowell & Moring with the 2024 Humanitarian Award in recognition of the firm’s exemplary pro bono efforts to address the homeless crisis in Los Angeles. The Humanitarian Award is awarded annually to an individual or entity who has demonstrated a remarkable commitment to the underprivileged men, women, and children of Los Angeles. The award was presented at Inner City Law Center’s 24 Annual Awards Luncheon on May 8 in Los Angeles.

Washington – May 9, 2024: Tracy Tolk has joined Crowell & Moring, bringing more than two decades of government affairs experience as an energy policy lobbyist and congressional staffer.

Los Angeles – May 3, 2024: Crowell & Moring LLP represents the California Chamber of Commerce in its work to make the case that California’s antitrust and competition laws do not need to be radically changed to target single firms that improve their market position through legal and naturally competitive means. Crowell Antitrust and Competition Group partner Eric Enson represents CalChamber and testified at the California Law Revision Commission hearing Thursday.

On April 26, 2024, the Federal Trade Commission (“FTC”) announced a final rule (“Final Rule”) modifying the Health Breach Notification Rule (“HBNR”). The Final Rule, which largely finalizes changes proposed in a Notice of Proposed Rulemaking published last year (“2023 NPRM”), broadens the scope of entities subject to the HBNR, including many mobile health applications (“apps”) and similar technologies, and clarifies that breaches subject to the HBNR include not only cybersecurity intrusions but also unauthorized disclosures, even those that are voluntary. The Final Rule will take effect 60 days after its publication in the Federal Register.

On May 10, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published a Final Rule that, for the first time, imposes national minimum nurse staffing requirements for nursing homes. Specifically, the standard adopted by CMS requires minimum staffing of 3.48 hours per resident day (“HPRD”), as discussed in more detail below. CMS estimates that the new requirements will cost facilities $43 billion over the next 10 years, which is more than the $40.6 billion cost that CMS estimated for Proposed Rule of 3.0 HPRD. Some industry sources estimate that less than 25% of nursing facilities across the country currently meet the full scope of staffing standards laid out in CMS’ Final Rule due to a myriad of factors including labor shortages and increasing wage pressures. Indeed, the impact and cost of these staffing requirements will vary significantly by state. For example, CMS reported that at least one state will need to increase certain staff by nearly 96% to meet the minimum standards, while other states already meet the requirements.

On May 9, 2024, the U.S. Supreme Court issued a ruling in Warner Chappell Music Inc. et al. v. Sherman Nealy et al., Case No. 22-1078, resolving a circuit split in federal courts as to whether it is possible to recover copyright damages beyond the three-year filing statute of limitations. The court held in a 6-3 ruling that there is no time limit on monetary recovery, while leaving the three-year filing deadline intact.

Crowell attorneys prepared Lexology’s Advertising and Marketing USA reference guide enabling side-by-side comparison of a variety of countries’ advertising and marketing standards, including the legal and regulatory framework; private enforcement (litigation and administrative procedures); misleading advertising; prohibited and controlled advertising; social media advertising; and recent trends.

Join women in compliance from across industries for dynamic networking, inspirational speakers, and idea sharing that will provide you with the tools you need to build your confidence, increase your skills, and advance your career. Connect with a pioneering and diverse speaking faculty as they address current challenges in compliance and share tools to propel your career forward.

In collaboration with the IBJ

Global Trade Talks is a podcast that shares brief perspectives on key global issues on international trade, current events, business, law, and public policy as they impact our lives. In this session, hosts and International Trade Practice Leaders Nicole Simonian and Dj Wolff talk with Crowell lawyers Jeremy Iloulian and Laurel Saito about the significant new sanctions and export control authorities included in the recently enacted National Security Supplemental fiscal package. While this legislation is best known for providing U.S. foreign aid commitments for Ukraine, Israel, and Taiwan, it also contains critical trade related provisions that (i) expand the statute of limitations for U.S. sanctions violations; (ii) give the President new authorities to coordinate sanction efforts with the US and UK; (iii) expand sanctions and export controls on Iran (with some targeting Chinese financial institutions); and (iv) provide for new sanctions authorities targeting terror groups.

This week’s episode covers a GSA Acquisition Letter on the use of upfront payments for acquisitions of cloud-based SaaS offerings, an OMB final rule that revised the Uniform Guidance for grants, cooperative agreements, and other federal financial assistance, and a DOD OIG report focusing on financial responsibility reviews, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

&Motion meets with Saferide's founder and CEO, Will Bright, to discuss the technology innovations that Saferide is bringing to market.