Faegre Drinker’s Post

The Department of Treasury and Internal Revenue Service have issued guidance on sustainable aviation fuel tax credits under the Inflation Reduction Act. Developed in consultation with the Environmental Protection Agency, Department of Energy, Department of Agriculture and the Federal Aviation Administration, the guidance provides safe harbors for companies to use when calculating lifecycle greenhouse gas emission reductions and for third-party certifications. It also includes an additional SAF tax credit for the use of the USDA’s Climate Smart Agricultural pilot program for corn and soybeans. You can learn more about the guidance in this alert by Deanna Reitman, Aaron Szabo and Bryan Allen.

The U.S. Federal Trade Commission recently held a webinar to address concerns and provide further guidance on the final rule that will ban essentially all employment noncompete agreements nationwide. This alert by Matthew Fontana, Lauren Wright Linderman, Harmony Mappes, Ken Vorrasi, John Yi, Erik Mosvick and Jillian S.B. Lukacik summarizes the commentary and guidance provided by FTC staff.

Join Huw Beverley-Smith, Peter Blenkinsop, Maureen Cruz, Jim Frederick and Joy Sharp on June 12, 2024, for the latest webinar in our artificial intelligence series! This event will focus on key areas of AI adoption in the health care and life sciences industries and practical, technical and organizational challenges. The panelists will discuss key issues for businesses operating internationally in conducting cross-border research and development, as well as sales and marketing. Want to attend but have a scheduling conflict? Register for the live event, and we’ll send you a recording shortly after the broadcast date.

Colorado is close to becoming the first state to enact broad legislation to require developers and users of artificial intelligence systems to take steps to limit algorithmic discrimination. This is likely only the beginning of a wave of AI regulation at both state and federal levels. Both developers and deployers of AI systems should implement AI governance programs and risk management processes to manage, classify and document mitigation of AI risks. The Colorado legislature passed Senate Bill 24-205 on May 8, 2024. If Gov. Jared Polis signs it, it will go into effect on February 1, 2026. Learn more in this alert by Peter Blenkinsop and Reeya Thakrar.

The DOJ recently launched a pilot program that offers qualifying individuals the opportunity to enter into non-prosecution agreements in exchange for voluntarily self-disclosing certain types of corporate criminal conduct in which they were involved. The DOJ hopes the program will both “provide a strong incentive for individuals to bring to the Criminal Division’s and law enforcement’s attention actionable, original information about criminal conduct that might otherwise go undetected or be impossible to prove” and incentivize companies to create and expand their compliance programs. While the DOJ has touted the “transparency” of the program, certain details — particularly regarding the “original” and “voluntary” requirements — appear either unavailable or uncertain. This alert by Henry Van Dyck, Erica MacDonald and Victoria Andrews discusses the limiting criteria of the program.

Since January, Utah and Alabama have passed sweeping anti-DEI laws. Similar bills broadly targeting DEI are pending in at least 25 other state legislatures. Honeyfund is part of a broader reconsideration of the limitations of DEI-related activity in the wake of Fair Admissions, which held race-conscious admissions policies violated the Equal Protection Clause of the Fourteenth Amendment. As current legislation and litigation trends illustrate, DEI-related legal battles do not seem to be abating anytime soon. You can learn more about anti-DEI updates in this alert from Andrew S., Scott Chinn and Cindy Irani.

Please help us welcome Elyor Pogorelskiy, who has joined our New York City office as counsel in our insurance practice! “Elyor is a great addition to our insurance practice,” said Steve Serfass, leader of the insurance practice. "His background from working in-house at insurance companies and in private practice has equipped him with a breadth of skill sets and knowledge that we’re looking forward to leveraging for clients.” An experienced litigator, Elyor has represented insurer clients in complex insurance matters in state and federal courts, and arbitrations arising out of personal and commercial property and casualty, life and health, annuity, and financial lines. Welcome, Elyor!

On May 30, 2024, join Faegre Drinker’s Adrienne Busby, Olivia Clavio, Jim Frederick and Emily Dodane for an engaging webinar on litigation hot topics and emerging risk areas relevant to the cosmetics and personal care products industry. In a discussion moderated by Emily, panelists Adrienne, Olivia and Jim will cover a variety of topics ranging from toxic torts — PFAS, benzene, hair relaxer multidistrict litigation — to intellectual property and the implications of artificial intelligence. Want to attend but have a scheduling conflict? Register for the live event, and we’ll send you a recording shortly after the broadcast date.

We are thrilled to share that Faegre Drinker has launched a client-focused predictive analytics program in partnership with Orgaimi! A data-driven artificial intelligence technology company, Orgaimi provides real-time, predictive insights and actionable recommendations that enable attorneys to better serve and create value for clients. Faegre Drinker has adopted the Orgaimi software platform to accelerate its next-generation analytics and firm intelligence capabilities. Orgaimi will help the firm leverage significant value and insights from existing internal data, enabling partners and client relationship professionals to objectively analyze the services being provided to firm clients and anticipate client needs. “Innovating to better serve our clients has always been a priority for Faegre Drinker. We’re very encouraged by the early results obtained from Orgaimi, including the opportunity to extract significant value from existing firm data,” said Faegre Drinker’s Chief Innovation Officer, Shawn Swearingen. “This partnership is helping the firm leverage advanced predictive analytics to derive insights about our clients and services and better anticipate client needs.”

Congratulations to Breia Schleuss, who was profiled by Secured Finance Network for her excellence and how she has distinguished herself within the secured finance industry. Secured Finance Network's “Women in Secured Finance” issue celebrates the remarkable contributions of women in secured finance and profiles women who have carved their paths with determination, resilience and unwavering vision.