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Passwords Aren’t Enough: The Critical Role of NDAs in Trade Secret Protection
… to ensure enforceability and compliance with evolving legal standards. Superb Motors is a cautionary tale for businesses relying on informal or technical safeguards to protect valuable information. Courts evaluating trade secret claims will look beyond the dollar value of an asset or the presence of passwords. They will ask whether the company took reasonable steps to maintain secrecy, which can require explicit written agreements, implementing clear confidentiality policies and ensuring employees understand their obligations …
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Retailers at Risk: FDA Issues Advisory on Recreational Nitrous Oxide Products
On June 4, 2025, the U.S. Food and Drug Administration issued a public advisory urging consumers not to inhale nitrous oxide (N2O) from commercial dispensers, including canisters, tanks and portable chargers. The advisory comes in response to a rise in recreational abuse and a growing number of class action lawsuits targeting N2O manufacturers. Historically regulated by the FDA as a drug when marketed for anesthetic or analgesic purposes, N2O previously was not the subject …
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Contaminants Compass: June 2025 Edition
… installment of the Contaminants Compass CLE Series on Aug. 20, 2025, from 12-1 p.m. (ET). The webinar will provide an overview of the litigation landscape, developing issues and related updates, and offer advice on how to prepare for and defend against PFAS lawsuits. McGuireWoods’ Shannon Kasley, former U.S. Attorney Michael Easley and former North Carolina Solicitor General Ryan Park will provide an overview of the PFAS litigation landscape, identify new trends …
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One Big Beautiful Bill Act Provision Would Modify “Endowment Tax” Paid by Certain Private Colleges and Universities
… the endowment tax. However, it is highly likely the endowment tax provisions passed by the House will be modified in the Senate, which is currently debating the bill. Senators may adjust the steepness of the proposed tiered tax rates, particularly the top 21% rate, which has drawn criticism. Discussions also include adjusting the thresholds for student adjusted endowment brackets and revising the definition of “eligible students” to broaden or narrow the tax base. Senators …
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Insights From the 21st Annual McGuireWoods Healthcare Private Equity and Finance Conference Part 4: Life Sciences Investments
… HCPE@mcguirewoods.com. Bloom and Build – Chicago, Illinois, June 18, 2025 McGuireWoods Healthcare Growth and Operations Conference – Charlotte, North Carolina, Sept. 16-17, 2025 Independent Sponsor Conference – Dallas, Texas, Oct. 14-15, 2025 Healthcare Private Equity Pop-Up – Denver, Colorado, more information coming soon Articles in this series can be found on the conference website under the “Key Takeaways” section.
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No Lawyer Required: Part I
The very term "attorney-client privilege" would seem to necessitate a lawyer's involvement in any communications deserving that evidentiary protection. But in some critical intra-corporate situations, the protection covers communications between non-lawyers. In Penemue, LLC v. Stevens, the court articulated the widely accepted principles that the privilege "protects communications between non-attorney employees in two circumstances: (1) when a corporate client shares information with non-attorney employees to relay information requested by …
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Oregon Enhances Restrictions on Corporate Practice of Medicine
… what restructuring steps will need to be phased in, particularly if operations may take additional investment in the future. For platforms operating in multiple states, including telehealth providers, structuring should be closely scrutinized to understand how Oregon law may implicate operations out of Oregon. For questions about SB 951’s impact on your organization, contact the authors. McGuireWoods’ consulting services and integrated healthcare transactions teams — which bring together regulatory and corporate experience — navigate corporate …
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Connecticut and Louisiana Poised to Enact Earned Wage Access Legislation, Marking Significant Policy Shift Among States
… counsel of leading EWA provider Payactiv, Inc. where he was instrumental in developing the country’s first EWA legislation. Alex Farley is a San Francisco associate in the firm’s Financial Services Litigation Practice. She counsels clients in the EWA space, in addition to her practice representing clients in complex litigation and regulatory matters.
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Prince William County Approves New Voluntary Affordable Dwelling Unit Ordinance
On June 4, 2025, the Prince William County Board of Supervisors approved a new Affordable Dwelling Unit Ordinance that becomes effective on Dec. 1, 2025. The ordinance, adopted under the authority of Virginia Code §15.2-2305.1, aligns with the housing policy goals outlined in the county’s 2040 Comprehensive Plan. The ordinance establishes a bonus density program in exchange for the provision of affordable housing units at 50% and 80% of Area Median …
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Insights From the 21st Annual McGuireWoods Healthcare Private Equity and Finance Conference Part 3: Initiatives for Investors
… continuing this dialogue. We hope to see you at our upcoming events, including the following. For more information on registration, contact HCPE@mcguirewoods.com. Bloom and Build – Chicago, IL, June 18, 2025 Join McGuireWoods’ women in private equity, finance and healthcare for a flower-arranging workshop and networking event. Healthcare Growth & Operations Conference – Charlotte, NC, Sept. 16-17, 2025 Independent Sponsor Conference – Dallas, TX, Oct. 14-15, 2025 Healthcare Private Equity Pop-Up – Denver …
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89th Texas Legislative Session Recap: Key Outcomes for Power Generation and Clean Energy Industry
… Department of Defense. As Texas operates on a biennial legislative schedule, the 89th Legislative Session will be followed by an essential interim period of study, preparation and relationship building. The next regular session, the 90th Legislature, will convene in January 2027. For more information on any of these recent legislative measures, please reach out to any of the authors or your McGuireWoods or McGuireWoods Consulting contacts.
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With Compliance Date for Reg S-P Amendments Looming, Is Your Firm Ready Yet?
… manages complex securities investigations at every stage — from informal inquiries and routine exams through investigations, litigation and appeals — all while staying at the forefront of developing issues confronting the securities industry. [1] 17 CFR 248.30(d)(10). [2] 17 CFR 248.30(a)(4)(i).
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From Scrutiny to Success: Insights From McGuireWoods’ Emerging Manager Conference
… Complementary Partnerships Whether a firm has two founders or five, complementary skills matter more than headcount. Investment judgement paired with operating depth and a CFO who can manage audits and data proved the most common winning mix. Clear decision rules and carry splits established early prevent morale‑sapping renegotiations mid‑fund. Recognize LP Priorities Beyond Returns Endowments, pensions and outsourced chief investment officers (OCIOs) reiterated that risk‑adjusted return remains the North Star, yet …
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How Does a Rule 502(d) Order Work?
Under Fed. R. Evid 502(d), a federal court can assure that an inadvertent disclosure of privileged documents in the case before it will not allow litigants in subsequent cases to argue that such disclosure triggered a permanent waiver, allowing them to also access and use the documents. Some litigants and even courts try to stretch that principle beyond Rule 502(d)'s literal language. In San Diego Coastkeeper v. United States Int’l Boundary …
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Insights From the 21st Annual McGuireWoods Healthcare Private Equity and Finance Conference Part 2: State of the Market?
… continues to evolve, investors and operators must stay agile. This year’s conference underscored that, despite economic and regulatory challenges, rewarding opportunities exist for disciplined, creative and patient-centered investors in their strategic approach. McGuireWoods monitors these developments and advises clients on how best to navigate the changing landscape. The next installment of this series will explore key trends in the lending market and what they mean for healthcare private equity transactions. Thanks to …
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European Competition Law Newsletter – June 2025
… the agreement. The clubs concluded the agreement, with the support of the national football association, during the COVID‑19 pandemic, with the objective of ensuring that the 2019-2020 season could, despite the interruption and delays, be completed without compromising the integrity and fairness of the tournament. The clubs’ desire to keep their squads in the last 10 matches as similar as possible to those in the first part of the season before the …
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South Carolina’s Energy Security Act Encourages Development of New Generating Resources to Address Unprecedented Economic Growth in the State
… development and industry retention and that electric utilities are critical to achieving this goal by offering affordable power that attracts jobs and associated development. Accordingly, Act 41 allows utilities to offer special rates, terms and conditions to existing and prospective customers who meet the requirements to be “qualifying customers” (existing customers with 20 MW need or new customers with 500kW need, 50 employees, and minimum $400,000 investment) or “transformational customers” (customers with 50 …