On October 15, 2024, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) published software bill of materials (“SBOM”) guidance through the third edition of Framing Software Component Transparency: Establishing a Common Software Bill of Materials (SBOM) (dated September 3, 2024) (the “Guidance”). The Guidance provides “a minimum expectation for creating a baseline SBOM.” As CISA
October 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
This is part of a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various government agencies to implement
Federal District Court Vacates Biden’s DOL Overtime Rule
As discussed in our prior post, the U.S. Department of Labor (DOL) issued a final rule earlier this year that increased the salary thresholds required to classify certain employees as exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA). On November 15, 2024, the federal district court for the Eastern District
China Finalizes Long-Awaited Drug Domestic Responsible Person (Domestic Agent) Rule
On November 14, 2024, China’s National Medical Products Administration (“NMPA”) issued the Interim Provisions on the Administration of the Designation of Domestic Responsible Person by Overseas Drug Marketing Authorization Holders (the “Interim Provisions”). The Interim Provisions, which were issued after four years of discussion, lay out the appointment procedures and the required qualifications and obligations
Illinois Federal Court Rules BIPA Single-Violation Amendment Applies Retroactively
An Illinois federal court has held that the state’s recent amendment to its Biometric Information Privacy Act (“BIPA”) capping damages to one recovery for repeated identical violations applies to cases filed prior to its enactment. Gregg v. Cent. Transp. LLC, 2024 WL 4766297, at *3 (N.D. Ill. Nov. 13, 2024).
Republicans Moving to the Middle
The conventional wisdom in recent years has been that the political parties have been moving to their respective left and right extremes. At least for the Republicans, this is wrong. Republicans have been moving left – to the center – enabling them to steal some formerly Democratic voters.
It’s true that Republicans have become more
Supreme Court Expresses Skepticism Regarding Nvidia’s Motion to Dismiss Securities Class Action
On Wednesday, November 13, the Supreme Court heard oral argument in the case NVIDIA Corp. v. Ohman J, a class action suit filed in the Northern District of California alleging securities fraud under § 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5. Early signals from the Justices’ questions have led observers to
Ninth Circuit Holds That Third-Party Intervenors Do Not Have Standing to Challenge Class Action Settlements
Earlier this month, the Ninth Circuit held in Sweet v. Cardona that although a third-party intervenor who wishes to object to a class settlement may have Article III standing based on an alleged reputational harm from the settlement, the intervenor nonetheless lacks standing to challenge a district court’s final approval of the settlement if the
It’s That Time Again: New California Workplace Laws for 2025
California Governor Gavin Newsom recently signed into law a number of employment-related assembly bills (“AB”) and senate bills (“SB”), once again altering the landscape of workplace regulation in California. With several key new laws taking effect as soon as January 1, 2025, now is the time for employers to prepare for compliance.
Tech Policy in a Second Trump Administration: AI Promotion and Further Decoupling from China
Technology companies will be in for a bumpy ride in the second Trump Administration. President-elect Trump has promised to adopt policies that will accelerate the United States’ technological decoupling from China. However, he will likely take a more hands-off approach to regulating artificial intelligence and reverse several Biden Administration policies related to AI and other