Top 10 JD Supra Hot Reads

Alston & Bird partners with JD Supra to expand the reach of our advisories, blogs and other relevant thought product. Our attorneys regularly provide insightful and timely commentary on the full gamut of legal issues relevant today.

Each month, we will highlight on this page the most highly read Alston & Bird items appearing on the JD Supra website.

JD Supra

Title: Securities Law / Environmental, Social & Governance (ESG) Advisory | An Update to Climate Risk Disclosures Among the SEC, CA, and the EU: Navigating Next Steps
Author(s): Elise N. Paeffgen, Thomas Dunn, Kezia Osunsade, Jeffrey Hill, David A. Brown, Julie Mediamolle, Steven Chen, Baili Ebinger, and Katherine Brumund
Subject: The Securities and Exchange Commission’s final rules on disclosing climate-related risks to investors are on hold, but California and EU rules are in effect. Our Securities and Environmental, Social & Governance (ESG) teams discuss how proactive companies can prepare.

Title: Securities Litigation Advisory: Seventh Circuit Deals Another Blow to M&A Disclosure Claims
Author(s): Cara M. Peterman, Andrew T. Sumner, and Madeleine Juszynski Davidson
Subject: Our Securities Litigation Group reviews a recent ruling from the Seventh Circuit that could make it more difficult for shareholders to bring M&A disclosure claims.

Title: SEC Corporation Finance Director Clarifies that Form 8-K Item 1.05 Disclosures Should be Limited to “Material” Cybersecurity Incidents
Author(s): Cara M. Peterman, Sierra Shear, and Lance Taubin
Subject: On May 22, 2024, the Director of the Division of Corporation Finance (“Corp Fin”) of the Securities and Exchange Commission (“SEC”) issued further guidance regarding disclosure of cybersecurity incidents on Form 8-K.

Title: LockBit Takedown Indicates Shifting DOJ Cyber Strategy and Has Implications for Ransomware Victims
Author(s): Kim Peretti, Kellen Dwyer, Seol Namgoong, and Colton Jackson
Subject: On May 7, 2024,  the United States unsealed an indictment against Dmitry Yuryevich Khoroshev, one of the leaders of the Russian-based ransomware group LockBit, for his alleged involvement in developing and distributing the LockBit ransomware. According to the indictment, Khoroshev performed both administrative and operational roles for the cybercrime group, including upgrading the LockBit infrastructure, managing LockBit affiliates, and recruiting new developers for the ransomware.

Title: Health Care Week in Review: House Held a Markup of Telehealth Legislation; CMS Introduced a New Model to Improve the Kidney Transplant Process
Author(s): Health Care Legislative & Public Policy
Subject: This week, the House Ways and Means Committee held a markup of telehealth legislation and CMS announced the Increasing Organ Transplant Access (IOTA) Model, an initiative designed to address the complexities and disparities in the kidney transplant process.

Title: FDA/Food, Drug & Device Advisory: What’s in the FDA Final Rule Regulating Laboratory-Developed Tests as Medical Devices?
Author(s): Joyce Gresko and Benjamin K. Wolf
Subject: Our FDA/Food, Drug & Device Team analyzes the practical considerations for adhering to the Food and Drug Administration’s final rule for laboratory-developed tests (LDTs).

Title: International Trade & Regulatory Advisory: National Security Act Ushers In Sweeping Changes to Sanctions Regulations
Author(s): Brian D. Frey, Jason M. Waite, John R. O'Hara, and Eric Xie
Subject: Hidden among the foreign aid and TikTok provisions, the National Security Act contains significant changes to U.S. sanctions regulations and a move to confiscate certain blocked Russian assets. Our International Trade & Regulatory Group highlights these lesser-known provisions.

Title: Health Care Week in Review: HHS Finalizes Rule Prohibiting Disability Discrimination; FDA Finalizes LDT Rule; Senate Finance Committee Releases Drug Shortage Discussion Draft
Author(s): Health Care Legislative & Public Policy
Subject: This week, HHS finalized a rule that strengthens protections against disability discrimination in programs that receive HHS funding, FDA finalized a rule regulating LDTs as medical devices, and Senate Finance Committee leadership released a discussion draft on drug shortages.

Title: International Trade & Regulatory Advisory: Biden Administration to Increase Tariffs on Chinese Imports in Strategic Sectors
Author(s):  Jason M. Waite, Lian Yang, Bobbi Jo (BJ) Shannon, and Eric Xie
Subject: The Biden Administration is increasing Section 301 tariffs on a wide range of Chinese imports for “strategic sectors.” Our International Trade & Regulatory Group examines the plan.

Title: NIST Cybersecurity Framework 2.0 Prioritizes Governance and Flexibility
Author(s): Lance Taubin and Noelle Reyes
 Subject: Earlier this year, the National Institute of Standards and Technology (NIST) issued an update to its Cybersecurity Framework (CSF) with the release of version 2.0, the first update since April 2018 (version 1.1).

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