COVID-19 Key EU Developments, Policy & Regulatory Update No. 24

On May 24, 2020, the White House issued a proclamation that temporarily bars persons who have been in Brazil from entering the United States, beginning at 11:59 pm on May 28, 2020...

Becker Shareholder Jennifer Horan strongly advocates for a careful examination of association restrictions before moving forward with any Airbnb-esque scheme.

Earlier today, the Department of Health and Human Services (HHS), Office for Civil Rights (OCR) published a Notice of Enforcement Discretion (Notice) for HIPAA COVID-19 Community-Based Testing Sites (CBTSs).

We are all in this together: In these rapidly changing times, more than ever, the Board needs to play its role with active engagement, thoughtfulness and resolve.

The 21st installment of our Civil Right Series was held in February.

David Gurwin, shareholder in the firm's Corporate section and chair of the Entertainment, Media and Sports Law Group, talks about...

The Occupational Safety and Health Administration issued a COVID-19 emergency temporary standard that is effective today.

The COVID-19 pandemic presents unprecedented issues for businesses and we recognize that antitrust is unlikely to be your most important concern at this time.

On April 15, 2020 (link here), the United States International Trade Commission (ITC) issued a Notice stating that the ITC has extended the ongoing postponement of all in-person hearings (e.g., evidentiary hearings/trials, claim construction hearings) under section 337 of the Tariff Act of 1930, as amended 19 U.S.C.

Due to COVID-19's impact on consumers and businesses in the United States, the Federal Trade Commission ("FTC") and the Antitrust Division of the U.S. Department of Justice...

The Code is voluntary, but it will likely become an important reference point for demonstrating compliance with Article 50 of the AI Act.

The Ninth Circuit Court of Appeals vacated a preliminary injunction against Perplexity AI, determining that when an AI agent acts at a user's direction, it is the user—not the AI company—who "accesses" computer systems under federal and California computer fraud statutes. This landmark appellate decision addresses how existing computer-access laws apply to agentic artificial intelligence and has significant implications...

A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.

On December 3, a federal court in the Central District of California granted plaintiffs' request for preliminary approval of a proposed $22 million settlement ...

The European Commission has adopted final Guidelines on exclusionary abuses of dominance under Article 102 TFEU, introducing a "workable effects approach" that narrows presumptions while expanding guidance on objective justifications and recognizing sustainability benefits as valid efficiencies for the first time. These Guidelines replace the 2008 Enforcement Priorities Guidance and are expected to significantly impact enforcement practices across EU Member States and beyond, particularly for digital market

The Situation: Surging interest in digital tokens has caught the attention of regulators in Hong Kong.

The European Commission has proposed replacing the EU's three core procurement directives with a single, directly applicable Regulation that would fundamentally reshape how companies compete for public contracts across Member States. The reform introduces mandatory quality criteria thresholds, embeds ESG considerations as evaluation factors, and establishes new security and European-preference provisions that could restrict participation based on ownership, supply chain exposure, and strategic dependencies.

On July 16, plaintiffs in a putative class action filed a motion for preliminary approval of their settlement agreement with a video game ...

The IRS has proposed new regulations that would impose nondiscrimination requirements on private schools seeking to maintain their tax-exempt status under section 501(c)(3). These regulations would prohibit policies discriminating on the basis of race, color, or national or ethnic origin in admissions, financial assistance, and other school programs. The proposed rules raise important questions about how private schools can structure their programs while complying with federal tax law requirements.

The European Commission has initiated infringement procedures against 20 EU Member States for failing to transpose the EmpCo Directive by the March 27, 2026 deadline. This directive aims to combat greenwashing by requiring substantiation of environmental claims and third-party certification for sustainability labels, with full implementation expected by September 27, 2026.