Code of Federal Regulations

  • Time to Get Ready: Preparing for the 2021 US Proxy & Annual Reporting Season

    December 9, 2020 Intelligize Webinar 1:00 p.m. EST – 2:00 p.m. EST Register here. Preparation is key to a successful proxy and annual report season, and late fall is not too early to begin. As companies evaluate the ramifications of COVID-19 that need to be discussed in various contexts in annual filings with the US... (See Article)

    Dec 1, 2020 5:33 PM

  • Managing Competing Disabilities: Allergies versus Animals

    Handling competing disabilities under fair housing laws can be difficult. For example, how does a landlord balance one resident’s request for a service or assistance animal with another resident’s severe allergy to animal dander? Neither the Department of Justice (DOJ) nor the Department of Housing and Urban Development (HUD) provides much guidance beyond instructing housing providers to find a way that accommodates both. (See Article)

    Dec 1, 2020 5:32 PM

  • Oregon Establishes Fund To Help Homeowners Pay Their Mortgages

    On November 19, 2020, the Oregon Housing and Community Services Department (OHCS) announced a $20 million fund called the Oregon Homeowner Stabilization Initiative (OHSI) to help homeowners who are behind on their mortgage payments. Applications are being accepted at this website on a first-come, first-serve basis. OHCS expects to release funds about three to four months after the first applications are received... (See Article)

    Dec 1, 2020 5:32 PM

  • New York Insurance Coverage Law Update- November 2020

    Claimants sued Waiting Room Solutions alleging various causes of action arising out of an employee placing a video camera in its women’s restroom and Waiting Room’s handling of the employee’s actions. Waiting Room’s liability insurer, Excelsior, initially agreed to defend Waiting Room under a reservation of rights... (See Article)

    Dec 1, 2020 5:32 PM

  • Alert: Americas Antitrust Review 2021

    Covid-19 has made 2020 into a year like no other with ‘stay at home’ orders and working from home the new normal. Nonetheless, the tech and pharma industries continued to attract immense antitrust scrutiny, with daily reports in the media and pressure from politicians to address what some perceive to be anticompetitive mergers by digital platforms and pharmaceutical companies, even while innovation in both sectors continues at breakneck speed. In this article, we discuss some of the most noteworthy trends and developments in the high-tech and pharma sectors over the past year, with an eye towards the unique issues that are driving antitrust enforcement in the technology area. Originally published on Global Competition Review. Please see full publication below for more information. (See Article)

    Dec 1, 2020 5:32 PM

  • BIPA class actions: Seventh Circuit holds that retention of “inherently sensitive” biometric data gives rise to standing

    Takeaway: Article III standing requires an injury-in-fact. To allege an injury-in-fact, a claimant must show “‘an invasion of a legally protected interest’ that is ‘concrete and particularized’ and ‘actual or imminent, not conjectural or hypothetical.’” Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1548 (2016) (citation omitted). As the Supreme Court famously observed in Spokeo, “Article III standing requires a concrete injury even in the context of a statutory violation.” (See Article)

    Dec 1, 2020 5:32 PM

  • Asia Pacific Leaders Cite Digital Transformation as Key to Post-COVID Recovery

    AI, Future of Work, Data Privacy and Digitalization Top the Agenda The Asia-Pacific Economic Cooperation (APEC) forum will deepen its engagement with the private sector as it recommits to its role as a policy incubator for digital transformation across the Asia-Pacific. That was the clear message from Heads of State and thought leaders spanning numerous... (See Article)

    Dec 1, 2020 3:32 PM

  • The Broadcasting Act Blunder, Day 8: The Unnecessary Discoverability Requirements

    Canadian Heritage Minister Steven Guilbeault has cited the need to improve the “discoverability” of Canadian content as a critical reason to support Bill C-10, his Broadcasting Act reform bill. Speaking of his daughter’s use of digital services, Guilbeault told the House of Commons that the bill “will allow her not only to take advantage of... (See Article)

    Dec 1, 2020 1:33 PM

  • [WEBINAR] Healthcare Data Breaches in 2020: Safeguarding Your Company During the “New Normal”

    It is safe to say that 2020 has been nothing short of challenging for the healthcare industry, especially when it comes to maintaining data privacy and security. Among countless other areas, the impact of COVID-19 has resulted in a spike in telehealth options, creating more vulnerabilities for the security of patient data. More than ever,... (See Article)

    Dec 1, 2020 11:33 AM

  • Pennsylvania Attorney sentenced for taking part in $2.7 Million investment fraud scheme

    The Department of Justice has announced that a Pennsylvania attorney has been sentenced for his role in an investment fraud or "Ponzi" scheme. The scheme, which targeted the clients of the attorney, related to the fraudulent sale of securities of two corporations, THL Holdings LLC and Ferran Global Holdings Inc. Details can be found here.

    Dec 1, 2020 10:30 AM

  • Diving into the Pooled Plan Provider Deep End? It’s Time to Register!

    Pooled plan providers hoping to start operating pooled employer plans in 2021 will finally have the ability to register to do so, under regulations finalized by the Department of Labor (“DOL”) on November 16, 2020. As described in detail in our prior alert, the SECURE Act created a new type of retirement vehicle called a... (See Article)

    Dec 1, 2020 9:33 AM

  • Pre-Pandemic Chapter 13 Defaults Received CARES Act Modification Protection in the Middle District of Alabama

    In a notable decision interpreting the March 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Bankruptcy Court for the Middle District of Alabama held that Chapter 13 debtors behind on their payments before March 2020 may seek modification of their plan if they suffered from COVID-19 related financial distress. In In re Fowler,... (See Article)

    Dec 1, 2020 9:33 AM

  • DNB updates it supervision priorities

    On 24 November 2020, the Dutch Central Bank (De Nederlandsche Bank, DNB) issued a press release stating that in light of the COVID-19 pandemic it has updated its “Supervisory Strategy 2021-2024”. The strategy fleshes out the priorities DNB had identified in 2018 in the areas of technological innovation, sustainability and financial crime. In particular, DNB... (See Article)

    Dec 1, 2020 9:33 AM

  • Do I Need to Have My Condition(s) Certified With the WTC Health Program Before I Can Register with the VCF?

    After 9/11, many people flocked to New York to aid in recovery after the attacks. You may have volunteered in initial rescue efforts, helped with demolition and transportation of debris, or even simply lived or worked in the area. Now, you may have serious health consequences related to your post-9/11 contributions. The September 11th Victim... (See Article)

    Dec 1, 2020 9:33 AM

  • Interpreting the Plain and Ordinary Meaning of an Ordinance or Law Insurance Provision; What Does it Mean to “Incur” and When Does this Happen?

    One of my favorite aspects of being a first-party property insurance attorney is being able to pick apart an insurance policy and take a position on the way a certain provision should be interpreted. An ordinance or law provision provides coverage for loss caused by enforcement of ordinances or laws regulating construction and repair of... (See Article)

    Dec 1, 2020 9:33 AM

  • Happy Thanksgiving From the Social Media Butterfly

    Thanksgiving looked different for everyone this year. I couldn’t be with my dad because he lives in an area that has been hit hard by Covid, and he decided to self-isolate so that he stays safe. And many of you know that my mom passed away a few years ago from cancer. So this year,... (See Article)

    Dec 1, 2020 9:33 AM

  • Lame Duck Executions

    There were policies that got a rise out of the angry crowd, like keeping “illegals” from “shithole countries” away from our borders. But there was no screaming about the failure to execute enough people. If it didn’t happen, no one would care, no one would wrap themselves in a MAGA flag to argue whether Trump... (See Article)

    Dec 1, 2020 9:33 AM

  • Court Rejects FDCPA Claims Based on Multiple Addresses, Validation Periods in Consecutive Collection Letters

    In Paul v. Enhanced Recovery Company, the plaintiff received two letters from a debt collector concerning the same debt, about 40 days apart. The letters were identical, except for the dates and the amount of the settlement offers – the first contained an offer of $1,375.42, while the second offer was $1,277.17. In addition to... (See Article)

    Dec 1, 2020 9:33 AM

  • Cal-OSHA Adopts Emergency COVID-19 Regulations

    On Nov. 19, 2020, the California Occupational Health & Safety Standards Board unanimously adopted 21 pages of emergency Coronavirus Disease 2019 (COVID-19) safety regulations (Regulations). The Regulations are broad. They apply to all employees and places of employment except: (1) those places of employment with one employee who does not have contact with others; (2) employees working... (See Article)

    Dec 1, 2020 9:33 AM

  • New Chapter 11 Filing – Hurdl Inc.

    On November 30, 2020, Hurdl Inc., a marketing company focusing on live event data capture and personalized short message service marketing, filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 20-12768).  The company reports $100 to $500 thousand... (See Article)

    Dec 1, 2020 9:33 AM

  • French Council of State Says Capacity Limits On Worship Services Are Too Strict

    Religious freedom challenges to COVID-19 restrictions have spread to Europe. EuroWeekly reports that on Friday French Catholic bishops appealed to the Council of State, the country’s highest court, challenging the country’s 30-person limit on religious ceremonies. According to Reuters, today the Council of State ordered the government to review the restrictions, saying: The claimants are right... (See Article)

    Dec 1, 2020 9:33 AM

  • "The Legality of Presidential Self-Pardons"

    The title of this post is the title of this timely new article authored by Paul J. Larkin, Jr. now available via SSRN. Here is its abstract: The traditional understanding of the Article II Pardon Clause is that the President may grant clemency to anyone who has committed a federal offense.  Yet, a question exists... (See Article)

    Dec 1, 2020 9:33 AM

  • Non-Compete Boilerplate Loses Steam Where Independent Contractor Receives Call and Confidences Directly

    The Court of Appeals for the Sixth Appellate District of Texas at Texarkana issued an opinion on November 24, 2020 in Titan Oil & Gas Consultants LLC v. David W. Willis and RIGUP, Inc., a case addressing application of a non-competition provision in the independent contractor context in the oil and gas drilling and production... (See Article)

    Dec 1, 2020 9:33 AM

  • Fifth District Holds Defects in EIR’s Air Quality Impact Analysis Require Decertification of Entire EIR

    On remand from the California Supreme Court’s decision in Sierra Club v. County of Fresno, 6 Cal.5th 502 (2018) (“Friant Ranch I”), a court of appeal has held that CEQA requires full decertification – not partial decertification – of an EIR that has been adjudged inadequate in any respect. In addition, the court concluded that... (See Article)

    Dec 1, 2020 9:33 AM

  • Twitter Announces, “Fleets”

    On November 17, 2020, Twitter introduced Fleets, “a new way to join the conversation.”  Fleets are “fleeting” tweets; ones that disappear from an account after 24 hours.  According to Twitter’s blog, the impetus behind the product iteration is that users feel that posting permanent Tweets presents too much social pressure.  Users can “Fleet” various media,... (See Article)

    Dec 1, 2020 9:33 AM

  • Kawartha Dairy brand ice cream products recalled because of pieces of metal

    Ottawa-based Kawartha Dairy Limited is recalling certain Kawartha Dairy brand ice cream products because of the possible presence of pieces of metal. This recall was triggered by the company. The Canadian Food Inspection Agency (CFIA) advises consumers to not consume and for retailers, restaurants, and institutions to not sell or use the ice cream. Recalled... (See Article)

    Dec 1, 2020 9:33 AM

  • Highly Pathogenic Avian Influenza Circulates Globally

    While the world is still focused on SARS-CoV-2, the virus causing the COVID-19 pandemic, US animal health officials and poultry producers have been monitoring and taking action to prevent the spread of another highly pathogenic virus-Avian Influenza-from entering the country.  As reported on the website of the Office of Epizooties (the World Organization for Animal... (See Article)

    Dec 1, 2020 9:33 AM

  • Trade groups file opposition to CFPB’s motion for summary judgment in Texas lawsuit challenging CFPB payday loan rule

    The industry trade groups challenging the CFPB’s final rule on Payday, Vehicle Title, and Certain High-Cost Installment Loans (the Rule) have filed their combined opposition to the CFPB’s cross-motion for summary judgment and reply to the CFPB’s opposition to the trade groups’ motion for summary judgment.  The combined motion follows the filing of an Amended... (See Article)

    Dec 1, 2020 9:33 AM

  • FDA warns Ventura Foods about dangerous mislabeling on garlic sauce

    As part of its enforcement activities, the Food and Drug Administration sends warning letters to entities under its jurisdiction. Some letters are not posted for public view until weeks or months after they are sent. Business owners have 15 days to respond to FDA warning letters. Warning letters often are not issued until a company... (See Article)

    Dec 1, 2020 9:33 AM

  • What US Insurers Should Keep in Mind about Climate Change Regulations

    There has been a marked increase in public announcements from regulators in recent months, both in the United States and internationally, relating to climate change and about embedding consideration of climate change-related risks into regulation of financial institutions. To be sure, converting rhetoric, aspirations and proposals into tangible policy changes and new regulatory compliance requirements will take time, probably years, but now, in the wake of another year full of climate change news and severe weather events of all kinds around the country and world, that there is a trend seems clear enough. (And the Biden administration has signaled in recent days that climate change considerat (See Article)

    Dec 1, 2020 9:32 AM