Code of Federal Regulations
Business North Carolina
Feb 24, 2018 11:46 AM
SEC releases guidance on public company cybersecurity disclosures
On February 21, the Securities and Exchange Commission (SEC) released guidance on public company cybersecurity disclosures. The guidance gives an overview of the rules requiring disclosure of cybersecurity issues and policies and procedures that the SEC encourages companies to adopt. See Statement.
Feb 23, 2018 7:21 PM
South Carolina Surety Law Update
“Sureties may be bound by mandatory arbitration provision in a principal's contract per a recent ruling by the U.S. District Court for the District of South Carolina. Surety claim representatives must frequently decide whether to contest or participate in arbitration because of an arbitration provision in a bonded contract. A recent South Carolina opinion sheds light on sureties' ability to contest mandatory arbitration...The U.S. District Court for the District of South Carolina ruled that, under South Carolina law, sureties are bound by a mandatory arbitration provision applying broadly to the bonded contract if the bond incorporates the contract.” See Article.
Feb 23, 2018 7:20 PM
Court dismisses suit filed by former Miami Dolphins offensive line coach
On January 18, the 11th Circuit Court affirmed the district court’s dismissal of a complaint filed by former Miami Dolphins offensive line coach, James Turner. Turner had filed the suit against the law firm who had been hired by the NFL to investigate allegation of bullying within the team. The firm had released a report concluding that bullying had contributed to a player’s decision to leave the team and that Turner had a part in it. The Court concluded that “that none of the challenged statements contained in the Report are actionable for defamation. Further, no alleged omission or juxtaposition of facts in the Report states a claim for defamation by implication. [Additionally,] Turner is a public figure who has failed to adequately plead that the Defendants acted with malice in drafting and publishing the Report.” See Decision.
Feb 23, 2018 7:19 PM
New California Form Helps Employers Comply with Immigrant Worker Protection Act
“The California Labor Commissioner's Office has released a template notice form to help employers comply with the posting requirements under California Labor Code section 90.2(a)(1), also known as the Immigrant Worker Protection Act or AB 450, which requires employers in California to notify their workforces within 72 hours of any immigration law compliance inspection or audit initiated by federal agencies. The template notice form is a one-page document that allows employers to satisfy the AB 450 notice requirement by simply checking appropriate boxes on the form, filling in dates, and posting the notice (together with the inspection notices received from the federal immigration agency) in a conspicuous location.” See Article.
Feb 23, 2018 7:17 PM
Supreme Court: Section 1367(d)’s “instruction to "toll" a state limitations period means to hold it in abeyance
On January 22, 2018, the U.S. Supreme Court issued their opinion in the case of Artis v. District of Columbia. The Court held that 28 U.S.C. Section 1367(d)’s “instruction to "toll" a state limitations period means to hold it in abeyance, i.e., to stop the clock.” See Decision.
Feb 23, 2018 7:13 PM
New York City Expands Reasonable Accommodation Response Requirements
“New York City Mayor Bill De Blasio signed into law an ordinance (the Ordinance) on January 19 that was passed by the New York City Council on December 19, 2017, amending the New York City Human Rights Law (NYCHRL) to expand protections for employees seeking a reasonable accommodation. Specifically, the law will require employers and operators of public accommodations and housing to engage in a cooperative dialogue with individuals who may be entitled to a reasonable accommodation and provide those individuals with a final written decision.” See Article.
Feb 23, 2018 7:12 PM
Settlement reached between EPA and Shell Chemicals
“The Department of Justice, the U.S. Environmental Protection Agency (EPA), and the Louisiana Department of Environmental Quality (LDEQ) announced a settlement  with Shell Chemical LP that each year will eliminate more than 150 tons of excess emissions of harmful air pollutants from Shell’s chemical plant located in Norco, Louisiana, in St. Charles Parish. The settlement resolves allegations that Shell violated the Clean Air Act and State law by failing to properly operate industrial flares at the facility.” See Statement.
Feb 23, 2018 7:12 PM
The Common Law of Liable Party CERCLA Claims
Author Justin Pidot discusses CERCLA and the evolution of it’s judicial interpretations. He “examines contemporary issues that provide context for thoroughly exploring the nature of PRP cost recovery suits and the importance of doing so.” Pidot concludes by “explain[ing] the benefits of recognizing the true nature of PRP cost recovery claim [and] that properly construing PRP cost recovery actions as common law contribution claims will not undermine the vitality of statutory contribution claims.” See Article.
Feb 23, 2018 7:03 PM
American Jewish History
Feb 23, 2018 11:47 AM
Stanford Law Review
Feb 23, 2018 11:46 AM
San Fernando Valley Business Journal
Feb 23, 2018 11:46 AM
Diverse Issues in Higher Education
Feb 23, 2018 11:46 AM
Alaska Business Monthly
Feb 23, 2018 11:31 AM
U.S. Supreme Court finds challenges to WOTUS Rule must be filed in federal district courts
The U.S. Supreme Court issued its opinion regarding jurisdiction of federal courts over the clean water rule, finding that “because the WOTUS Rule falls outside the ambit of §1369(b)(1), challenges to the Rule must be filed in federal district courts. Pp. 9- 20. (a) Neither subparagraph (E) nor subparagraph (F) of §1369(b)(1) grants courts of appeals exclusive jurisdiction to review the WOTUS Rule in the first instance. See Decision.
Feb 23, 2018 12:59 AM
D.C. Circuit Remands FERC Decision Upholding ISO-NE FCM Rules Locking in Prices for New Entrants
“On February 2, 2018, the United States Court of Appeals for the District of Columbia Circuit remanded FERC's decision denying complaints that the ISO New England, Inc.'s ("ISO-NE") rules locking in prices for new entrants to ISO-NE's Forward Capacity Market ("FCM") result in price suppression and discriminatory rates for existing suppliers. In doing so, the D.C. Circuit held that FERC did not adequately explain why its prior decision to reject a similar proposal did not apply to ISO-NE's rules.” See Article.
Feb 23, 2018 12:58 AM
Connecticut Supreme Court finds no constitutional violation in school funds
On January 17, the Connecticut Supreme Court ruled that “[a]lthough the plaintiffs have convincingly demonstrated that in this state there is a gap in educational achievement between the poorest and neediest students and their more fortunate peers, disparities in educational achievement, standing alone, do not constitute proof that our state constitution's equal protection provisions have been violated.” See Decision.
Feb 23, 2018 12:57 AM
9th Circuit’s Decision in In Re Hyundai Underscores the Challenges of Certifying Nationwide Classes
“[Recently,] a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation1 vacated the certification of a nationwide class for settlement purposes because the district court failed to address choice-of-law issues and the variations in the relevant state laws, and also improperly "presumed" reliance on allegedly "misleading advertising." The case demonstrates the significant obstacles to certifying a nationwide class. Judge Sandra Ikuta's majority opinion, joined by Judge Andrew Kleinfeld, also emphasizes the duty to conduct a "rigorous analysis" into whether a proposed class meets Rule 23's requirements before granting certification, even in the context of certifying a class for settlement purposes.” See Article.
Feb 23, 2018 12:56 AM
10 Circuit affirms certification of classes challenging Aurora facility
The 10th Circuit Court affirmed the district court’s certification of two classes who seek to bring claims against GEO Group, who owns and operates the Aurora facility under government contract, under 18 U.S.C. § 1589, a provision of the Trafficking Victims Protection Act that prohibits forced labor; and (2) Colorado unjust enrichment law. The two classes certified are: “(1) all detainees housed at the Aurora Facility in the past ten years, and (2) all detainees who participated in the Aurora Facility’s voluntary work program in the past three years.” See Decision.
Feb 23, 2018 12:52 AM
Court of Chancery Issues Important Decision on Implied Covenant Breach Claims
“The Delaware Court of Chancery granted defendants' motion to dismiss an action brought by minority unitholders of Trumpet Search, LLC ("Trumpet"). Defendants were unitholders that collectively held a majority of membership units in Trumpet and had the power to appoint four of the seven managers on the Trumpet board of directors.” See Article.
Feb 23, 2018 12:50 AM
Pennsylvania Supreme Court releases congressional map
The Pennsylvania Supreme Court has put forward a map that is designed to fix the unconstitutional gerrymandering of the current map. In the order the Court stated, “his Court recognized that the primary responsibility for drawing congressional districts rested squarely with the legislature, but we also acknowledged that, in the eventuality of the General Assembly not submitting a plan to the Governor, or the Governor not approving the General Assembly’s plan within the time specified, it would fall to this Court expeditiously to adopt a plan based upon the evidentiary record developed in the Commonwealth Court. The Court used the order to adopt the remedial plan, which will be used for the May 15, 2018 elections. See Order.
Feb 23, 2018 12:07 AM
5th Circuit Reverses Notorious District Court Health Care Fraud Decision
“On December 19, 2017, the United States Court of Appeals for the Fifth Circuit issued its decision in Connecticut General Life Insurance Co. v. Humble Surgical Hospital, LLC, 878 F.3d 478 (5th Cir 2017), reversing a highly publicized trial court decision that threatened the ability of ERISA plans, insurers, and other payors to safeguard their coffers from providers engaged in healthcare fraud, waste, and abuse.” See Article.
Feb 23, 2018 12:05 AM
Feb 22, 2018 11:46 AM
San Diego Business Journal
Feb 22, 2018 11:46 AM
President Trump Establishes National Vetting Center
“On February 6, 2018, President Trump issued a national security presidential memorandum directing the establishment of a vetting center to promote border and immigration security and ensure the safety and security of the United States. The National Vetting Center's mission is to coordinate and streamline vetting efforts to identify individuals who present a threat to national security, border security, homeland security, or public safety. President Trump has repeatedly voiced his support for increased vetting procedures to protect the American people from terrorist attacks and other public safety threats.” See Article.
Feb 22, 2018 1:09 AM
9th Circuit dismisses challenge to California prohibition on prostitution
The 9th Circuit Court affirmed the district court’s dismissal of a challenge to California Penal Code Section 647(b), which criminalizes the commercial exchange of sexual activity. The Court rejected plaintiffs' assertion that Lawrence v. Texas, created a liberty interest that prohibits a state from criminalizing prostitution. The Court held a relationship between a prostitute and a client is not protected by the Due Process Clause of the Fourteenth Amendment and that the law was rationally related to several important governmental interests. See Decision.
Feb 22, 2018 1:08 AM
President Trump Releases Infrastructure Plan
“The White House released its long-awaited infrastructure plan on Monday, February 12. The plan would spend $200 billion over 10 years to leverage $1.5 trillion in total spending, give greater control and authority to state and local governments regarding the types of infrastructure projects in which they invest, incentivize private investment and expedite project permitting.” See Article.
Feb 22, 2018 1:07 AM
9th Circuit Court: Idaho's criminalization of misrepresentations to enter a production facility, § 18-7042(1)(a) could not survive First Amendment scrutiny
“The Interference with Agricultural Production law was enacted after a disturbing secretly-filmed expose of operations at an Idaho dairy farm went live on the internet.” The 9th Circuit Court held that “Idaho's criminalization of misrepresentations to enter a production facility, § 18-7042(1)(a), could not survive First Amendment scrutiny. The panel held that the subsection criminalized innocent behavior, was staggeringly overbroad, and that the purpose of the statute was, in large part, targeted at speech and investigative journalists. The [Court] also struck down the statute's subsection which banned audio and video recordings of a production facility's operations, § 18-7042(1)(d). The [Court] held that the Recordings Clause regulated speech protected by the First Amendment and was a classic example of a content-based restriction that could not survive strict scrutiny. See Decision.
Feb 22, 2018 1:06 AM
EPA’s Fiscal Year 2017 Statistics Reflect Accelerating Decline in Federal Environmental Enforcement
“On February 8, 2018, the U.S. Environmental Protection Agency (EPA) released its environmental enforcement statistics for fiscal year 2017 (FY 2017). Because EPA's fiscal year ends in September, the newly released statistics capture the final three plus months of the Obama administration and slightly more than the first eight months of the Trump administration.” See Article.
Feb 22, 2018 1:05 AM
9th Circuit Court: Federal Arbitration Act does not grant arbitrators the power to compel the production of documents from third parties outside of a hearing
The 9th Circuit Court, agreeing with the 2nd, 3rd and 4th Circuit Courts has found that the Federal Arbitration Act does not grant arbitrators the power to compel the production of documents from third parties outside of a hearing. See Decision.
Feb 22, 2018 1:02 AM