Lewis Brisbois is pleased to announce the addition of two experienced Midwest attorneys, Patrick Murphy and Jennifer Tatum, as Partners in the firm’s Kansas City, Missouri office.  

On August 23, 2023, the Securities and Exchange Commission (“SEC”) adopted a controversial new rule designed to enhance the regulation of private fund advisers. Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews, 88 Fed. Reg. 63206 (Aug. 23, 2023). The rule, which passed by a narrow 3-2 vote, aimed to protect investors who directly or indirectly invest in private funds by increasing transparency, establishing requirements to address potentially harmful practices, and prohibiting certain activities deemed contrary to the public interest. Id. at 63209. However, on June 5, 2024, the U.S. Court of Appeals for the Fifth Circuit dealt a fatal blow to the SEC's efforts, vacating the rule in its entirety. See Nat'l Ass'n of Private Fund Managers v. SEC, No. 23-60471, slip op. at 25 (5th Cir. June 5, 2024) (Because the promulgation of the Final Rule was unauthorized, no part of it can stand.”)

New York Partner Cristina R. Yannucci will provide opening remarks and join an interactive panel to present at Practicing Law Institute’s (PLI) 2024 Ethics Game Show, hosted in NYC on June 17 at 3:00 p.m. ET.

Minneapolis Partners Julie Firestone and Francois Ecclesiaste were recently named to the Minnesota State Bar Association (MSBA) 2023 North Star Lawyers list, which recognizes attorneys who provide pro bono service to people of low income at no fee.

Los Angeles Partners David Samuels and Meegan Moloney recently obtained summary judgment for the owner and manager of a Southern California hotel in a lawsuit brought by a tenant who alleged that she suffered injuries due to the presence of mold in her leased space.

On May 10, 2024, the Department of Health and Human Services for the Center for Medicare & Medicaid Services published its final rule establishing minimum staffing standards for Long-Term Care (LTC) facilities. The final rule is part of the Biden administration’s focus on nursing home reform. In this alert, we break down the key provisions of the rule

On May 17, 2024, the Treasury Department’s Office of Foreign Asset Control (OFAC) issued a final Rule (2024 Rule) that clarified its regulations pertaining to Iranian sanctions. In large part, these changes expressly clarify what technologies can be provided to Iran. Although the regulations remain largely restrictive, the changes also provide some new opportunities for businesses trading with Iran, since OFAC’s new rule expressly permits the import/export of certain technologies, and therefore gives assurances to businesses that their conduct is permissible. An additional new opportunity is that OFAC will accept licenses for service providers to permit providing unlisted hardware and software to Iranian entities if those applications can meet OFAC’s policy considerations.

Raleigh Associate Derek J. Dittmar will speak on the Americans with Disabilities Act (ADA) at the North Carolina Association of Defense Attorneys (NCADA) 47th Annual Meeting & 2024 Judicial Candidates’ Forum, hosted in Asheville on June 15 at 11:00 a.m. ET.

Lewis Brisbois is pleased to welcome Marcantonio (“Marco”) Barnes to its Washington, D.C. office as a partner in the Corporate Practice. With more than two decades of experience in business and law, Mr. Barnes focuses his practice on corporate transactions, including mergers and acquisitions, in the energy, communications technology and financial services sectors.

Chicago Associate Caroline Kim was recently quoted in an article about Asian Americans in law, published by the Illinois Supreme Court Commission on Professionalism (2Civility).

Los Angeles Partners David Samuels and Heather Hamby recently secured summary judgment for the State of California Department of Transportation (Caltrans) in a lawsuit over an accident on a freeway construction site, with a Los Angeles Superior Court judge finding that Caltrans is immune from the plaintiff's claims. 

On May 14, 2024, the U.S. substantially increased tariff rates – in some cases by as much as fourfold – on imports of an array of strategic products from China. The tariff surge builds on high tariffs already in place under an international trade law remedy imposed in 2018. The decision to raise the tariff rates resulted from continuing trade friction with China over intellectual property violations, trade imbalances, and national security and human rights concerns. Businesses with an interest in the designated imports should pay close attention to these changes and their implications for U.S. commerce.

New York Associate Christina Stylianou recently spoke to the Associated Press about the upcoming revenue-sharing model for college athletes which raises significant concerns about Title IX, a federal law that prohibits sex discrimination in educational programs receiving federal funds.