Code of Federal Regulations

  • SEC Makes Technical Correction to Rule Requiring Heightened Disclosures for ATSS

    “The SEC made a correction to Form ATS-N, a form relating to disclosure requirements for alternative trading systems that trade in National Market System stocks ("ATSs"). The technical correction, which amends a citation in Form ATS-N, is effective as of November 13, 2018.” See Article.

    Nov 16, 2018 7:27 PM

  • Treasury Department Sanctions Individuals involved in killing of Jamal Khashoggi

    On November 15, the Department of Treasury designated Saud al-Qahtani, his subordinate Maher Mutreb, Saudi Consul General Mohammed Alotaibi, and 14 other members of an operations team for having a role in the killing of Jamal Khashoggi. “As a result of these designations, any property or interests in property of the individuals designated today within or transiting U.S. jurisdiction is blocked. Additionally, U.S. persons are generally prohibited from engaging in transactions with blocked persons, including entities 50 percent or more owned by designated persons.” See Press Release.

    Nov 16, 2018 7:26 PM

  • CMS Releases the 2019 OPPS and ASC Payment System Final Rule

    “The Centers for Medicare & Medicaid Services (CMS) has issued the Calendar Year (CY) 2019 Final Rule that updates payment rates and policy changes in the Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Payment System. Significant finalized policies include a proposal to expand Medicare reimbursement cuts for drugs purchased through the 340B discount program to certain hospital off-campus provider-based departments (PBDs), as well as a policy focusing on site-neutral payments for clinic visits at off-campus PBDs.” See Article.

    Nov 16, 2018 7:25 PM

  • New York’s Salary Threshold for Exemption Will Increase on December 31, 2018

    “Effective December 31, 2018, New York State's salary basis threshold for exempt executive and administrative employees will increase again, as a part of amendments to the minimum wage orders put in place in 2016. Employers must increase the salaries of employees classified as exempt under the executive and administrative exemptions by the end of the year to maintain these exemptions.” See Article.

    Nov 16, 2018 7:25 PM

  • 9th Circuit upholds nationwide injunction regarding DACA

    On November 8, the 9th Circuit Court found that the district court did not abuse its discretion in issue a nationwide injunction preventing the termination of DACA. The Court reasoned that “because the Acting Secretary was incorrect in her belief that DACA was illegal and had to be rescinded, plaintiffs are likely to succeed in demonstrating that the rescission must be set aside under the APA as arbitrary and capricious.” See Decision.

    Nov 16, 2018 7:14 PM

  • Virginia State Corporation Commission Finds Proposed Offshore Wind Project ‘Prudent’

    “On November 2, 2018, the State Corporation Commission of the Commonwealth of Virginia issued a final order regarding the application by Virginia Electric and Power Company for a prudency determination with respect to the two 6 MW (nominal) wind turbine generators and related facilities that compose the Coastal Virginia Offshore Wind Energy project pursuant to Virginia Code §56-585.1:4 F. In the Final Order, the Commission found that ‘as a purely factual matter’ the CVOW Project would not be deemed prudent as that term has historically been applied by the Commission or under any common application of that term.” See Article.

    Nov 16, 2018 7:14 PM

  • Proposed Treasury Regulations Permit Foreign Subsidiary Credit Support for U.S. Multinational Financings

    “The proposed regulations, released October 31, 2018, generally provide tax-free treatment to a U.S. corporate parent of a controlled foreign corporate subsidiary ("CFC") for deemed dividends triggered when the CFC provides credit support for the U.S. corporate parent's debt. These regulations under Code section 956 will become applicable in taxable years beginning on or after the date the regulations are finalized, and they may be relied upon in proposed form in taxable years beginning after December 31, 2017.” See Article.

    Nov 16, 2018 7:13 PM

  • New Jersey Publishes Mandatory Paid Sick Leave Notice in 12 New Languages

    “New Jersey's Department of Labor and Workforce Development (NJ DOL) created a webpage concerning the state's paid sick and safe time law, which took effect on October 29, 2018. Available online resources on the page include the mandatory notice in English and 12 other languages: Arabic, Chinese (simplified and traditional), Guajarati, Haitian Creole, Hindi, Italian, Korean, Polish, Portuguese, Spanish and Tagalog.” See Article.

    Nov 16, 2018 7:12 PM

  • Latin Trade

    Issue number #26-3 (September 2018) of publication Latin Trade is now available

    Nov 16, 2018 11:48 AM

  • Revista Latin Trade

    Issue number #26-3 (September 2018) of publication Revista Latin Trade is now available

    Nov 16, 2018 11:47 AM

  • Constitutional Commentary

    Issue number #33-3 (September 2018) of publication Constitutional Commentary is now available

    Nov 16, 2018 11:47 AM

  • The New American

    Issue number #34-21 (November 2018) of publication The New American is now available

    Nov 16, 2018 11:47 AM

  • Bank Regulators Propose ‘Streamlined Call Reports for Qualifying Small Institutions

    “The Federal Reserve Board, the FDIC and the Office of the Comptroller of the Currency proposed rules that would reduce regulatory reporting requirements for eligible small depository institutions. The rule proposals would implement Section 205 (Financial Reporting Requirements for Small Banks) of the Economic Growth, Regulatory Relief and Consumer Protection Act.” See Article.

    Nov 15, 2018 9:41 PM

  • President Trump speaks in support of the FIRST STEP Act

    On November 14, President Trump spoke in support of the FIRST STEP Act. This legislation seeks to reform the criminal justice system with more emphasis on rehabilitation. The president noted key features such as new incentives for low-risk inmates to learn the skills they need to find employment, allowing federal inmates to be placed closer to their home communities in order to help facilitate family visitation, and reasonable sentencing reforms. See Press Release.

    Nov 15, 2018 9:41 PM

  • New York’s Authorization of Fantasy Sports Ruled Unconstitutional

    “On October 26, 2018, Justice Gerald W. Connolly of the New York Supreme Court for Albany County ruled in White v. Cuomo that New York's 2016 authorization of fantasy sports violated the state constitution. However, the court upheld those portions of the 2016 law that exempted fantasy sports from the definition of gambling under New York Penal Law.” See Article.

    Nov 15, 2018 9:40 PM

  • FDA Commissioner seeks to regulate flavored e-cigarettes and menthol tobacco products

    On November 15, the Food and Drug Administration (FDA) announced “actions aimed at addressing the disturbing trend of youth nicotine use and continuing to advance the historic declines we’ve achieved in recent years in the rates of combustible cigarette use among kids.” The FDA Commissioner called for new regulations for ENDS products that are flavored, including all flavors other than tobacco, mint and menthol. See Press Release.

    Nov 15, 2018 9:39 PM

  • Plaintiffs Must Do More Than Claim a Breach of Fiduciary Duty to State an ERISA Claim

    “A recent case from the Eastern District of Pennsylvania reaffirms the basic principle that a threshold element of any ERISA claim is pleading the existence of an ERISA plan.” See Article.

    Nov 15, 2018 9:38 PM

  • Intent to Use is Sticking ‘Pointe’ in Denial of Preliminary Injunction

    “On October 25, the U.S. District Court for the District of Massachusetts denied motions for injunctive relief in a case involving trade secrets allegedly stolen by a departing consultant using his personal computer to sync with the company's Dropbox. This case established (1) Massachusetts' newly enacted Uniform Trade Secrets Act ("UTSA") does not apply retroactively even if the violation is continuing; and (2) intent to use a trade secret is a hurdle which Plaintiffs can struggle to show where there is not evidence of actual use and the defendant takes steps at remediation.” See Article.

    Nov 15, 2018 9:28 PM

  • DHS Temporarily Extends Validity of TPS-Related Documents for Sudanese and Nicaraguan TPS Beneficiaries

    “On October 31, 2018, the Department of Homeland Security (DHS) announced in the Federal Register that it will continue to honor, at least temporarily, the temporary protected status (TPS) designations for nationals of Sudan, Nicaragua, El Salvador, and Haiti. The announcement comes as a result of an order granting preliminary injunction by the U.S. District Court for the Northern District of California in the case Ramos v. Nielsen, which challenges the lawfulness of DHS's decision to terminate TPS status for the four countries. In order to maintain the "status quo" for TPS beneficiaries, as ordered by U.S. District Court Judge Edward M. Chen, DHS has temporarily extended the validity of TPS-related employment authorization documents for beneficiaries from Sudan and Nicaragua through April 2, 2019.” See Article.

    Nov 15, 2018 9:27 PM

  • Journal of Pan African Studies

    Issue number #11-8 (June 2018) of publication Journal of Pan African Studies is now available

    Nov 15, 2018 5:47 AM

  • Los Angeles Business Journal

    Issues #40-42 (October 2018) and #40-41 (October 2018) of publication Los Angeles Business Journal are now available

    Nov 15, 2018 5:47 AM

  • Arkansas Business

    Issue number #35-43 (October 2018) of publication Arkansas Business is now available

    Nov 15, 2018 5:47 AM

  • Alaska Business Monthly

    Issue number #34-11 (November 2018) of publication Alaska Business Monthly is now available

    Nov 15, 2018 5:46 AM

  • US Sanctions Against Iran Re-Imposed

    “November 5, 2018 marked the end of the wind-down periods for trade involving Iran that was previously authorized under the Joint Comprehensive Plan of Action (JCPOA), but is now once again prohibited for US persons and subject to extraterritorial sanctions for non-US persons and entities. Non-US companies in the energy, shipping and insurance sectors, as well as financial institutions, are most likely to be affected, among others.” See Article.

    Nov 14, 2018 7:44 PM

  • Arkansas Supreme Court finds section 16-90-506(d)(1) unconstitutional

    On November 1, the Arkansas Supreme Court held that section 16-90-506(d)(1) is unconstitutional. Section 16-90-506(d)(1) provides that “when the Director of the Department of Correction is satisfied that there are reasonable grounds for believing that an individual under sentence of death is not competent, due to mental illness, to understand the nature and reasons for that punishment, the Director of the Department of Correction shall notify the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.” The Court held that “section 16-90-506(d)(1)(A) is devoid of any procedure by which a death-row inmate has an opportunity to make an initial "substantial threshold showing of insanity . . . to trigger the hearing process.” See Decision.

    Nov 14, 2018 7:41 PM

  • Florida Appeals Court Rules Fifth Amendment Bars Compelled Production of iPhone Passcode, iTune Password

    “On October 24, 2018, the Florida Court of Appeal for the Fourth District ruled that the state could not compel the production of a defendant's iPhone passcode and iTunes password because doing so would violate the Fifth Amendment's protection against self-incrimination.” See Article.

    Nov 14, 2018 7:39 PM

  • Court rules on the rolling period of public safety officer misconduct under POBRA

    “The Public Safety Officers Procedural Bill of Rights Act (POBRA), Government Code section 3300 et seq., requires public agencies investigating misconduct by a public safety officer to complete their investigation and notify the officer of any proposed discipline within one year of discovering the misconduct. (§ 3304, subd. (d)(1).) If the possible misconduct ‘is also the subject of a criminal investigation or criminal prosecution,’ the one-year period is tolled while the ‘criminal investigation or criminal prosecution is pending.’ The California Court of Appeals held that “a criminal investigation is no longer pending-and section 3304, subdivision (d)(2)(A)'s tolling period ends-when a final determination is made not to prosecute all of the public safety officers implicated in the misconduct at issue.” See Decision.

    Nov 14, 2018 7:39 PM

  • Missouri Voters Pass Minimum Wage Increase

    “Missouri voters turned out in record numbers for the 2018 general election and overwhelmingly voted to pass Proposition B: The $12 Minimum Wage Initiative. As a result, beginning January 1, 2019, the hourly minimum wage in Missouri will increase from $7.85 to $8.60, and will gradually increase by 85 cents per year until it reaches $12.00 per hour in 2023.” See Article.

    Nov 14, 2018 7:14 PM

  • Wyoming District Court finds statutes § 6-3-414(c) and 40-27-101(c) are facially unconstitutional

    On October 29, a District Court for the District of Wyoming held that Wyoming statutes §§ 6-3-414(c) and 40-27-101(c) are facially unconstitutional. These statutes prohibited individuals from entering "open land for the purpose of collecting resource data" without permission from the owner. See Decision.

    Nov 14, 2018 7:13 PM

  • FDA Draft Guidance on Early Drug Development and the Role of Pre-IND Meetings for Rare Diseases

    “On October 15, 2018, FDA issued draft guidance on Rare Diseases: Early Drug Development and the Role of Pre-IND Meetings. This draft guidance is intended to assist sponsors of drug and biological products for the treatment of rare diseases in early development and in the planning of and participation in formal pre-investigational new drug application (pre-IND) meetings with FDA. FDCA defines a rare disease as a disease or condition that affects fewer than 200,000 people in the United States. The guidance outlines regulatory, scientific, and other additional issues that FDA considers in being flexible to accommodate the unique challenges of rare disease drug development (such as limited number of available patients and lack of development precedent.)” See Article.

    Nov 14, 2018 7:12 PM