Code of Federal Regulations

  • NM Supreme Court: ‘I plead guilty’ spoken words are required in order to be held enforceable

    On October 7, the Supreme Court of New Mexico held that when the words ‘I plead guilty.’ are not spoken the plea is “not enforceable no matter the circumstances of the plea proceeding, the overall context of the plea colloquy, or the clarity with which a defendant otherwise manifests an intent to plead guilty.” See Decision.

    Dec 6, 2019 3:26 AM

  • Another Federal Court Denies Application To Seal Arbitration Award

    “In TIG Insurance Co. v. National Union Fire Insurance Co. of Pittsburgh, P.A., the court addressed an unopposed petition to confirm an arbitration award and an unopposed motion to seal the arbitration award and redact sections of the petition. The court, in some detail, went through the confirmation analysis (and granted confirmation) and the request to seal. Following a long line of cases in the New York federal courts (the court cited 7 cases), the court denied the motion to seal and ordered the parties to file unredacted copies of the award and petition.” See Article.

    Dec 6, 2019 3:24 AM

  • OH Supreme Court: R.C. 2929.18(A)(1) applies to a bank that cashes a forged check and recredits the depositor’s account

    Last month, the Ohio Supreme Court held that under R.C. 2929.18(A)(1), which authorizes a trial court to order an offender to pay restitution to a "victim" who suffers an economic loss, applies to a bank that cashes a forged check and then recredits the depositor's account. See Decision

    Dec 6, 2019 3:22 AM

  • Court Of Appeals Reverses District Court's Finding Of Constructive Partnership Between Private Equity Funds

    “On November 22, 2019, the First Circuit Court of Appeals held in Sun Capital Partners III, LP, et al. v. New England Teamsters & Trucking Industry Pension Fund, that two private equity funds, Sun Capital Partners III, LP and Sun Capital Partners IV, LP were not liable for approximately $4.5 million in multiemployer pension plan withdrawal liability of their bankrupt portfolio company. The First Circuit reversed a 2016 District Court decision finding that the Funds had created an implied partnership-in-fact.” See Article.

    Dec 6, 2019 3:16 AM

  • Federal agencies release guidance on providing financial services to hemp-related businesses

    On December 3, the U.S. Department of the Treasury Financial Crimes Enforcement Network published a document clarifying the requirements for providing financial services to hemp-related businesses. The guidance notes that “[b]ecause hemp is no longer a Schedule I controlled substance under the Controlled Substances Act, banks are not required to file a Suspicious Activity Report (SAR) on customers solely because they are engaged in the growth or cultivation of hemp in accordance with applicable laws and regulations.” See Guidance.

    Dec 6, 2019 3:12 AM

  • IRS And Treasury Finalize Section 199A Rental Real Estate Safe Harbor Guidelines

    “The Treasury Department and the IRS recently issued Revenue Procedure 2019-38, providing a safe harbor under which certain rental estate activities will be treated as a trade or business solely for purposes of the new pass-through deduction regime Section1 199A.” See Article.

    Dec 6, 2019 3:09 AM

  • U.S. House Permanent Select Committee releases Trump-Ukraine Impeachment Inquiry Report

    This week, the U.S. House Permanent Select Committee on Intelligence approved the Trump-Ukraine Impeachment Inquiry Report. The report states that “the impeachment inquiry has found that President Trump, personally and acting through agents within and outside of the U.S. government, solicited the interference of a foreign government, Ukraine, to benefit his reelection.” The report continues, stating that the President “placed his own personal and political interests above the national interests of the United States, sought to undermine the integrity of the U.S. presidential election process, and endangered U.S. national security.” See Report.

    Dec 6, 2019 3:06 AM

  • Key Takeaways From SEC Proposal On Advertising And Cash Solicitation Rules

    “The Securities and Exchange Commission (the SEC) proposed amendments to the rules that govern advertising and cash solicitation by investment advisers. The amendments mark the first substantial changes since these rules were adopted in 1961 and 1979, and are intended to reflect changes in technology, investors' expectations and the evolution of industry practices. The SEC is seeking feedback from the industry on their proposed changes to these rules.” See Article.

    Dec 6, 2019 3:03 AM

  • US-Mexico-Canada Agreement Advantages Over NAFTA Relating To Intellectual Property, Agriculture and Automotive Manufacturing

    Passage of the United States-Mexico-Canada Agreement (USMCA) has recently been characterized by the media as a political issue, with President Trump pushing for a vote by year’s end and House Speaker Nancy Pelosi not committing to a timetable for calling the vote. The USMCA was originally signed by United States President Donald Trump, Mexican President Enrique Peña Nieto and Canadian Prime Minister Justin Trudeau on November 30, 2018... (See Article)

    Dec 5, 2019 7:32 PM

  • CAS Legal Mailbag Question of the Week – December 2019

    Dear Legal Mailbag: A parent just left my office, and my head is spinning. He claims to be super religious, and he expressed concern about the middle school curriculum. He explained that parents, not school officials, are responsible for raising their children, and he complained that some of the required reading conflicts with his religious views. (See Article)

    Dec 5, 2019 7:32 PM

  • 2019 Amendments to the California Consumer Privacy Act Clarify Several Important Data Privacy Issues

    On the last day of its 2019 session, the California legislature passed six bills that amend and clarify key provisions of the California Consumer Privacy Act (the “CCPA”), the state’s landmark 2018 data privacy law. The CCPA, as amended by these bills, will take effect on January 1, 2020. (See Article)

    Dec 5, 2019 7:32 PM

  • Long-Awaited Guidance for Banking Hemp Clients Released

    Since the effective date of the 2018 Farm Bill, banking and the inability to acquire financing have been major impediments for the hemp industry. While demand for hemp continues to grow, banking regulations have still been grey as to the treatment of hemp related businesses. (See Article)

    Dec 5, 2019 7:32 PM

  • Can CGI Influencers Displace Their Human Counterparts?

    Computer-generated imagery (CGI) is the application of 3D computer graphics to special effects. (See Article)

    Dec 5, 2019 7:32 PM

  • Veterinary Network Hit with Ransomware

    National Veterinary Associates (NVA), a large network of veterinary hospitals and clinics, has reportedlybeen the victim of a ransomware attack. According to the reports, NVA employs more than 2,600 veterinarians, with over 700 veterinary hospitals and clinics in the U.S., Canada, Australia, and New Zealand. (See Article)

    Dec 5, 2019 7:32 PM

  • Apollo Aviation Group Pays $210k to OFAC for Violations of Sudanese Sanctions Program

    Apollo Aviation Group, now Carlyle Aviation Partners, agreed to pay OFAC $210,600 for 12 violations of the Sudanese Sanctions Program.  Carlyle acquired Apollo in December 2018, and Carlyle was not involved in the transactions. (See Article)

    Dec 5, 2019 7:32 PM

  • What to Expect When Employees Are Expecting: New Pregnancy and Lactation Accommodation Requirements for Oregon Employers

    During the summer of 2019, the Oregon legislature passed two bills broadening protections for pregnant and lactating employees, including extending lactation break requirements to apply to employers of all sizes, requiring more flexible lactation breaks, and expressly requiring reasonable accommodation for known pregnancy and childbirth related limitations. (See Article)

    Dec 5, 2019 7:32 PM

  • FinCEN Clarifies Position On Hemp SARs

    On December 3, 2019, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Financial Crimes Enforcement Network, and the Office of the Comptroller of the Currency issued joint guidance to financial institutions providing or seeking to provide financial services to hemp-related businesses. The joint guidance clarifies FinCEN’s position that banks serving hemp-related businesses need not file suspicious activity reports (“SARs”) based solely on their customers’ otherwise legal hemp-related business. (See Article)

    Dec 5, 2019 7:32 PM

  • Retail Resilience: An Adaptation Nation

    We are an adaptation nation. Embracing change to remain relevant has long been the mantra of savvy business owners and managers. Since the dawn of dial-up internet, retailers have struggled to keep pace with the evolving mores of our consumer culture and on a deeper level, how technology is changing our very human nature from the way we communicate to the way we consume. (See Article)

    Dec 5, 2019 7:32 PM

  • The FTC Explains How It Determines Whether a Transaction Is Structured for the Purpose of Avoiding the Hart-Scott-Rodino Antitrust Improvements Act

    How a transaction gets structured raises a multitude of issues, including whether the transaction might be reportable under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”). Structuring a transaction for the purpose of trying to avoid compliance with HSR can violate HSR and result in an enforcement action with significant penalties.  (See Article)

    Dec 5, 2019 7:32 PM

  • The United States Proposes 100% Duties on French Imports in Response to France's Digital Tax

    On Monday December 2, 2019, the Office of the United States Trade Representative (“USTR”) posted a notice announcing that it was proposing tariffs of up to 100 percent on 63 types of goods imported from France worth approximately $2.4 billion. The list of French goods that could be subject to duties affects a variety of products, including cheese, champagne, cosmetics, china and porcelain articles, and handbags. (See Article)

    Dec 5, 2019 7:32 PM

  • The SBA’s New HUBZone Regulations Are Here!

    It’s been a long time coming, but the Small Business Administration (SBA) has finally published its “comprehensive regulatory amendment” to the regulations governing the HUBZone program. The new regulations, which were initially proposed on October 31, 2018, go into effect on December 26, 2019. (See Article)

    Dec 5, 2019 7:32 PM

  • Transformative Health Care System Affiliations: A Growing Trend

    We continue to see activity in the hospital and health care system affiliation space. While few actually believe that the “Medicare for All” proposals will garner the support of a majority of the American people and are unlikely to find a foothold in the United States Congress, there are still continued changes in reimbursement structures in the forms of Medicare Shared Savings Plans, Bundled Payments for Care Improvement, narrow network arrangements, and more. Moreover, many experts are not willing to discount the idea that, at some point in time, we may, at some point, see a “public-private option” designed to allow those who want one or the other type of coverage to opt-in or opt-out, as the case may be, at varying costs and benefit levels. (See Article)

    Dec 5, 2019 7:32 PM

  • [Webinar] Gain Efficiencies in Investigations Through Advanced Methods and Technologies - December 18th, 1:00 pm ET

    Today’s data climate presents unique challenges and opportunities for legal professionals responsible for conducting investigations. As data volumes accelerate and new data types continue to emerge, traditional approaches to investigations are experiencing diminishing return. Please join the experts from FTI Technology as they discuss best practices for applying advanced methods and technologies to investigations to gain efficiencies and competitive advantages in today’s data climate. During this session focus will be placed on developing a keen understanding of key technologies as well when, where and how to best apply them to generate successful outcomes. (See Article)

    Dec 5, 2019 7:32 PM

  • Time keeps on slippin’, slippin’, slippin’… into the future with an extended deadline for Form 1095-C and Form 1095-B reporting

    The Internal Revenue Service has extended the due date for providing the 2019 Form 1095-C (applicable to large employers as explained below) and the Form 1095-B (generally applicable to insurance carriers) to participants from January 31, 2020 to March 2, 2020. The deadlines for filing the 2019 Forms 1094-B, 1095-B, 1094-C and 1095-C with the IRS remain at February 28, 2020, for paper submissions, or March 31, 2020, if filing electronically. (See Article)

    Dec 5, 2019 7:32 PM

  • CMS Outlines New Standard for Challenging Medicare Payment Denials, Echoing Brand Memo on Force of Sub-Regulatory Guidance

    On October 31, 2019, the Office of General Counsel for the U.S. Department of Health and Human Services (HHS) issued an important memo from Kelly M. Cleary, CMS Chief Legal Officer, and Brenna E. Jenny, Deputy General Counsel, discussing the impact of the recent U.S. Supreme Court ruling Azar v. Allina Health Services, 139 S. Ct. 1804 (2019) on enforcement actions brought by the government (“Cleary Memo”). Please see full Publication below for more information. (See Article)

    Dec 5, 2019 7:32 PM

  • Make Joy a Plan

    The quest for joy, it's a tricky one. The journey to joy is filled with mirages, things that look like they will bring joy until we reach them, and then the image evaporates. (See Article)

    Dec 5, 2019 7:32 PM

  • [Event] Summit on Controlled Substances – Regulation, Litigation, and Enforcement - February 25th-26th, Washington, DC

    Be Part of the Only Conference that Presents Strategies and Solutions for Every Link of the Controlled Substances Supply Chain. Although the Ohio portion of the bellwether MDL is winding down with talks of a global settlement, amplified public and private scrutiny remains. There are still countless investigations taking place and the question of liability and responsibility is still undetermined. Now is the time to prepare for the implications of these developments. (See Article)

    Dec 5, 2019 7:32 PM

  • A Paralegal Is Guilty of the Unauthorized Practice of Law by Preparing Documents for Litigation and Providing Legal Advice without Supervision by a Licensed New Jersey Attorney

    New Jersey court rules and statutes prohibit the unauthorized practice of law. While paralegals engage in activities that constitute the “practices of law,” they can only do so under the direct supervision of a licensed New Jersey attorney. R.P.C. 5.3. The Superior Court of New Jersey, Appellate Division, recently addressed this issue in an unreported decision dated November 21, 2019, in Baron v. Karmin Paralegal Services, __ N.J. Super. __ (2019) (slip. op.). (See Article)

    Dec 5, 2019 7:32 PM

  • The future of the in-house legal function

    An Allen & Overy perspective on the opportunities and challenges that lie ahead - The global legal market is approaching a tipping point. Cost pressures, regulatory overload, the challenges of scale and global reach, advances in technology, diversification of providers and the workplace expectations of a new generation of lawyers entering the profession are combining to present the in-house legal function with choices that it can no longer defer or avoid. How General Counsel and their leadership teams respond to these transformational challenges over the next decade will determine the future of the in-house legal function. In this analysis, we assess the impact of the current and emerg (See Article)

    Dec 5, 2019 7:32 PM

  • Employers, In Case You Were Wondering: Sexual Harassment and Discrimination Does Not Pay Off

    Just ask Riot Games, which recently agreed to pay $10,000,000 to settle a class action lawsuit for alleged violations of the California Equal Pay Act, and gender discrimination, retaliation, and harassment. The settlement amount will be divided among approximately 1,000 women who had worked in the Los Angeles studio over the last five years, depending on each employee’s length of service. (See Article)

    Dec 5, 2019 7:32 PM