Baker Donelson

Baker Donelson was honored to host the Bavarian Justice Minister, Georg Eisenreich. Minister Eisenreich’s visit underscores Baker Donelson’s commitment to engaging in global dialogue and innovation in justice. We are grateful to the German Consulate General in Atlanta for their coordination and support.

On July 29, 2025, U.S. Attorney General Pam Bondi further emphasized DOJ's crackdown on "unlawful discrimination" efforts with a new Memorandum providing "Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination" (the "Memo"). This latest Memo expands the government's enforcement theory to include "proxy discrimination" – previously accepted language, policies, and practices that DOJ has taken the position may serve as substitutes for programs intended to achieve "racial or sex-based outcomes." The Memo also broadens DOJ's enforcement reach to include the practices of third-party entities or programs that a direct recipient of federal funding might engage and share funding with, such as a vendor, consultant, or partner. Failure to comply with this guidance can result in the revocation of any and all federal funding – including federal grants related to Stafford Act disaster-related programs. In addition, an FCA action could result in retroactive revocation of federal funding, with the added possibility of treble damages. Recipients of federal funding should stay vigilant and seek counsel. Read more: https://xmrrwallet.com/cmx.plnkd.in/eBSJipRW By Sean O'Connell, Lindsay Ray, Danielle Aymond, John Ghose, and Kseniya Nicole Kuprovska

California is gearing up to implement and enforce two groundbreaking climate disclosure laws – the Climate Corporate Data Accountability Act (CCDA) and the Climate-Related Financial Risk Act (CFRA). In July 2025, in lieu of anticipated implementing regulations, the California Air Resources Board (CARB) released preliminary guidance to help businesses prepare for CCDA and CFRA reporting deadlines that remain in place for 2026. CARB's "Frequently Asked Questions Related to Regulatory Development and Initial Reports" (FAQ) guidance document outlines proposed definitions for key terms like "total annual revenue" and "doing business in California," and previews how initial enforcement and 2026 reporting will work. Formal regulations are still in the works. In the meantime, CARB is actively gathering stakeholder feedback – especially on whether companies with minimal California operations should be included. Find out more via the link in the comments. By Noelle Wooten, Elizabeth Haskins, and Callon Green

The term Artificial intelligence (AI) might be the phrase of 2025. It's written and spoken about everywhere by everyone, and essentially markets itself as the newest, shiniest, and most efficient tool for every industry to consider and put into practice. But the term "Artificial intelligence" is quite broad. The definition of AI is broadened even further when considering that different technologies can be combined to create new AI systems. Despite the ever-expanding definition of AI, it is important to take inventory of the different types of AI to determine which is best suited, if any, for a workplace investigation. Follow the link in the comments to read more. By Chaitra Gowda and Macy Hamlett

This week on the Everybody Leads podcast, Tim Lupinacci welcomes Misty Miller, Senior Vice President of Organizational Development for the Boys & Girls Clubs of America. With nearly 25 years dedicated to serving youth, Misty shares her leadership journey and the lessons she has learned about showing up authentically, staying connected to purpose, and bringing others along as your organization grows. In this clip, Misty reflects on how her deep focus on meeting the urgent needs of young people sometimes caused her to overlook the needs of her team. She shares how her leadership continues to evolve through a more human-centered approach, recognizing that no matter how urgent the mission, the work cannot be done without the people doing it. Listen to this episode of Everybody Leads on Apple Podcasts or wherever you get your favorite shows: https://xmrrwallet.com/cmx.plnkd.in/eCFVi5eK

As the race for real-time data access intensifies, organizations are confronting a growing legal and operational challenge: web scraping. What began as a fringe tactic by hobbyists has evolved into a sophisticated, multibillion-dollar ecosystem driven by commercial data aggregators. Think of it as digital fly fishing – automated bots cast wide nets across public-facing websites, harvesting pricing data, product listings, reviews, and more, often faster than a human could click "refresh." These entities now routinely circumvent traditional barriers to access – not by breaching platforms directly, but by piggybacking on legitimate users' access to bypass technical and contractual restrictions. Understanding the mechanics of web scraping as well as how aggregators exploit contractual workarounds is important for businesses and organizations so that they can regain control of their data through thoughtfully structured agreements and properly implemented and configured technology, particularly with respect to APIs ("Application Programming Interface") and direct data licensing. Follow the link in the comments to learn more. By Alex Koskey, CIPP/US, CIPP/E, PCIP, Matt White, AIGP, CIPP/US, CIPP/E, CIPT, CIPM, PCIP, Javier Becerra, and Kaytlyn M.

The 𝘑𝘢𝘤𝘬 𝘋𝘢𝘯𝘪𝘦𝘭'𝘴 𝘷. 𝘝𝘐𝘗 𝘗𝘳𝘰𝘥𝘶𝘤𝘵𝘴 litigation, now a decade long, offers critical lessons on how courts balance humor, free expression, and brand protection. U.S. Supreme Court and district court rulings establish that even light-hearted parodies, if they trade on the goodwill of famous marks and tarnish their image, may be enjoined – even if they escape traditional infringement liability. For companies developing novelty products, advertising campaigns, or brand-related parodies, this case underscores the importance of reviewing both confusion and reputational risks. Follow the link in the comments to learn more. By Ben Janke and Edward Lanquist

Baker Donelson has expanded its financial services transactions practice in Raleigh with the addition of Shareholder Tricia McNeill, a corporate finance attorney with a focus on representing financial institutions, corporate borrowers, and private equity sponsors in a wide range of finance transactions. Ms. McNeill, who joins Baker Donelson from the firm of Troutman Pepper Locke, represents bank and nonbank financial institutions, private credit funds, small business investment companies, private equity sponsors and their portfolio companies, and public and privately held companies in finance transactions in the broadly syndicated and direct lending markets. Kevin LaTulip Jr., chair of Baker Donelson's Financial Services Transactions Group, said, "Tricia's skillset in such a broad variety of finance transactions is an incredible asset to our practice. She brings the ability to lend valuable, informed guidance to our clients in the financial services industry." Ms. McNeill's practice includes secured and unsecured credit facilities, leveraged financings, asset-based loans, mezzanine and second lien lending arrangements, refinancings and restructurings, private equity acquisition financings, and other complex finance transactions. "As a firm that represents so many of the top financial institutions, Baker Donelson offered a clear choice for me to be part of an experienced team that has earned the trust of lenders and investors across the financial services sector," said Ms. McNeill. "I'm also excited to add to the Firm's continued growth in North Carolina and be part of a team that truly values relationships – both internally and with clients."

𝗘𝗞𝗥𝗔'𝘀 𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝘁𝗼 𝗠𝗮𝗿𝗸𝗲𝘁𝗶𝗻𝗴 𝗔𝗿𝗿𝗮𝗻𝗴𝗲𝗺𝗲𝗻𝘁𝘀: 𝗟𝗮𝗯𝗼𝗿𝗮𝘁𝗼𝗿𝗶𝗲𝘀 𝗮𝗻𝗱 𝗢𝘁𝗵𝗲𝗿 𝗣𝗿𝗼𝘃𝗶𝗱𝗲𝗿𝘀 𝘞𝘩𝘢𝘵'𝘴 𝘊𝘩𝘢𝘯𝘨𝘦𝘥?   The Ninth Circuit recently affirmed two decisions that provide additional context regarding how arrangements with marketing agents can implicate the Eliminating Kickbacks in Recovery Act, 18 U.S.C. § 220(a)(EKRA).   𝘞𝘩𝘰'𝘴 𝘍𝘦𝘦𝘭𝘪𝘯𝘨 𝘵𝘩𝘦 𝘐𝘮𝘱𝘢𝘤𝘵?   Clinical laboratories, treatment centers, recovery homes, and other health care stakeholders.   𝘞𝘩𝘺 𝘚𝘩𝘰𝘶𝘭𝘥 𝘏𝘦𝘢𝘭𝘵𝘩 𝘊𝘢𝘳𝘦 𝘗𝘳𝘰𝘷𝘪𝘥𝘦𝘳𝘴 𝘊𝘢𝘳𝘦?   EKRA prohibits offering, paying, soliciting, or receiving remuneration (including kickbacks, bribes, or rebates) in exchange for patient referrals to recovery homes, clinical treatment facilities, or laboratories. EKRA includes an exception for certain payments to employees and independent contractors that do not reflect the volume or value of referrals to laboratories for laboratory services. EKRA's application to commission-based payments has been highly scrutinized since it was enacted in 2018, and there have been only a handful of decisions addressing the application of EKRA to commission-based payments. In United States v. Schena, No. 23 2989 (9th Cir. July 11, 2025), the Ninth Circuit held that an EKRA violation may be established where a referral is induced through undue influence on a provider's independent decision-making.    𝘞𝘩𝘢𝘵'𝘴 𝘠𝘰𝘶𝘳 𝘕𝘦𝘹𝘵 𝘔𝘰𝘷𝘦? Clinical laboratories, treatment centers, and recovery homes should carefully scrutinize their arrangements with marketing personnel to ensure compliance with EKRA and continue to structure their arrangements to mitigate regulatory risk. Follow the link in the comments to read more. By Alissa D. Fleming and Bernard Miller

Congratulations to Alison Schurick, shareholder in Baker Donelson’s Baltimore office, on her recognition to the Baltimore Business Journal's 40 Under 40.