Code of Federal Regulations

  • DOJ Sues New Jersey Town Over Anti-Jewish Zoning Ordinances

    Last week the Department of Justice filed suit against the Township of Jackson, New Jersey alleging that it has violated RLUIPA by using its zoning ordinances to target the Orthodox Jewish community.  The Township banned schools (including religious schools) in certain zoning districts and banned dormitories throughout the township so that boarding schools cannot operate. ... (See Article)

    Jun 4, 2020 8:34 AM

  • Using “Prospective Hindsight” To Identify And Mitigate Risks During A Crisis

    In 1657, mathematician Blaise Pascal commented in a letter to his church leaders “I have made this longer than usual because I did not have time to make it shorter.” More than 100 years later, another Frenchman, Napoleon Bonaparte, offered a similar remark to his valet as he prepared to head out for battle. “Dress... (See Article)

    Jun 4, 2020 8:34 AM

  • Scams continue to target Texas attorneys

    Update 5/29/2020: A Texas attorney reported two more scams. A firm received an email requesting their services and accepted the request. They received a $300,000.00 check, which they deposited, and then sent most of that money via wire transfer to Asia. The check bounced, and the firm notified their bank. They were not able to... (See Article)

    Jun 4, 2020 8:34 AM

  • Qualified Immunity Is “A Problem” But Not “The Problem”

    Having spent years arguing about the wrongfulness of the judicially-invented activist defense to § 1983 and Bivens actions, the dreaded Qualified Immunity, it’s hard, awkward and, frankly, distasteful to write what I’m about to write: Eliminating Qualified Immunity is not the solution to police wrongfully, needlessly, killing people. Qualified immunity precludes recovery in a civil... (See Article)

    Jun 4, 2020 8:34 AM

  • COVID-19: What Communications Service Providers Need to Know – June 1, 2020

    As the COVID-19 pandemic rapidly unfolds, the Federal Communications Commission (“FCC”) has been active to keep communications services available through various waivers, extensions, and other regulatory relief. Kelley Drye’s Communications Practice Group is tracking these actions and what they mean for communications service providers and their customers. CommLaw Monitor will provide regular updates to its analysis... (See Article)

    Jun 4, 2020 8:34 AM

  • SALT Trivia: Answered!

    Thank you to everyone who participated in last week’s trivia question! Last Week’s Question: Which president once handled state tax cases, securing favorable rulings for taxpayers involving property taxes and local gross receipts taxes? The Answer: Rhode Island Lincoln later stated that he believed the county property tax case “was worth half a million dollars” to... (See Article)

    Jun 4, 2020 8:34 AM

  • Dealing with a Dishonest or Lazy Executor

    After grieving the death of a loved one, the decedent’s heirs of the estate must go through the process of administering the will and distributing the decedent’s assets. In order to accomplish this process, an executor of the estate is typically appointed by the will or the heirs of the estate. Hopefully, the distribution of... (See Article)

    Jun 4, 2020 8:34 AM

  • Rights Issue: Regulatory to and fro on renunciation?

      On April 27, 2020, the Central Government notified the Foreign Exchange Management (Non-debt Instruments) (Second Amendment) Rules, 2020 (“FEMA NDI Amendment”). The FEMA NDI Amendment seeks to modify the position on pricing of rights issue – in case of renunciation of rights in favour of a non-resident by a resident, pricing guidelines will apply.... (See Article)

    Jun 4, 2020 8:34 AM

  • NLRB: Elements of Election Rule are Blocked by Court, But Board Implements the Rest

    One day before they were to go into effect, the U.S. District Court in Washington, D.C. blocked portions of the NLRB’s recently promulgated election rule, but left the agency free to implement the remainder. (See Article)

    Jun 4, 2020 8:34 AM

  • Prepare for the Final CCPA Countdown

    California Attorney General Xavier Becerra submitted final proposed regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). Under Executive Order N-40-20 related to the COVID-19 pandemic, OAL has 30 working days and an additional 60 calendar days to determine whether the regulations satisfy the procedural requirements of the... (See Article)

    Jun 4, 2020 8:34 AM

  • Webcast: Tokenization and Distributed Business Models ― Recent Case Studies and Legal Insights

    Latham fintech partners explore tokenization and distributed business models with guest speakers from Energy Web Foundation, ConsenSys, and The LAO. Tokenization of assets, as well as the innovation of blockchain-based distributed business models, have the potential to unlock asset liquidity, create more efficient, trustless and transparent processes, and reshape systems and entire industries by minimizing... (See Article)

    Jun 4, 2020 8:34 AM

  • Illinois Liquor Control Commission Releases Updated COVID-19 Guidance

    The Illinois Liquor Control Commission released an updated FAQ on COVID-19 compliance that reflects guidance on changes to be implemented in Phase 3 of the Restore Illinois plan. You can access the updated FAQ here. Several important Q&A’s relating to best practices for liquor control commissioners and staff are listed below. May a local liquor... (See Article)

    Jun 4, 2020 8:33 AM

  • A Guide for Employers During COVID-19 – June 3 update

    A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis.  (Last Updated June 3, 2020). Further free resources can be found here. Should you need legal advice on how to manage... (See Article)

    Jun 4, 2020 8:33 AM

  • Workplace Safety Review Podcast: Episode 1 | Interview with NIOSH Director John Howard on COVID-19’s Impact on Workplace Safety

    Host Michael Taylor, Chair of Greenberg Traurig’s OSHA Group, interviews John Howard, Director at the National Institute for Occupational Safety and Health for episode one of the Work Place Safety Review, a Greenberg Traurig podcast. Taylor asks Howard questions regarding the realities of workplace safety in the face of COVID-19, including the difficulty of determining... (See Article)

    Jun 4, 2020 8:33 AM

  • Head of Innovation at Hogan Lovells Moves to Elevate, Gets Title of the Day Year

    Stephen Allen, head of innovation and digital at the law firm Hogan Lovells, is moving July 1 to law company Elevate, where he will take on one of the best job titles ever: Vice President, Enterprise Solutions and Get Sh*t Done. Allen was the inaugural recipient last year of the “Law Firm Legal Intrapreneur” Financial... (See Article)

    Jun 4, 2020 8:33 AM

  • COVID-19: US State Policy Report – June 2, 2020

    This report captures the shifting state, territorial and local government policies and guidance in response to the COVID-19 pandemic in the US by tracking public information from official sources, such as gubernatorial comments, executive actions and guidance. The following states have new or updated information: Colorado, Connecticut, Delaware, Hawaii, Louisiana, New Jersey, New York, Pennsylvania,... (See Article)

    Jun 4, 2020 8:33 AM

  • CCPA Update: Final Rulemaking Package Submitted to OAL

    The California Attorney General (“AG”) has submitted his proposed final CCPA regulations to the California Office of Administrative Law (“OAL”). The proposed final rules substantively are the same as the draft rules released for public notice on March 11, which we summarized previously here.   However, the AG’s responses to comments and Final Statements of Reasons... (See Article)

    Jun 4, 2020 8:33 AM

  • Eight years after Miller and four after Montgomery, many juveniles still waiting for court consideration of their Eighth Amendment rights

    The Marshall Project has this lengthy new piece focused on how many juveniles still have not received court consideration of the Eighth Amendment rights recognized a full eight years ago in Miller v. Alabama, 567 U.S. 460 (2012). The article’s fill headline captures its essence: “‘Juvenile Lifers’ Were Meant to Get a Second Chance. COVID-19... (See Article)

    Jun 4, 2020 8:33 AM

  • Complimentary Webinar Invitation: The Nuts and Bolts of CCPA 2.0

    Please join Troutman Sanders and Pepper Hamilton for a complimentary webinar titled, “The Nuts and Bolts of CCPA 2.0,” on June 10, 2020. During this webinar, partners Ronald Raether, Sharon Klein, Wynter Deagle, and Alex Nisenbaum will provide an overview of the California Privacy Rights Act ballot initiative (dubbed, “CCPA 2.0”) and discuss its top... (See Article)

    Jun 4, 2020 8:33 AM

  • CMS Announces COVID-19 Adjustments for CMMI Models

    On June 3, 2020, Centers for Medicare & Medicaid Services (“CMS”) Administrator Seema Verma announced adjustments to the Center for Medicare and Medicaid Innovation (“CMMI”) models in light of the COVID-19 public health emergency.  Despite the accommodations being provided, Administrator Verma praised value-based incentives in a Health Affairs blog post, stating that “[t]hese models are... (See Article)

    Jun 4, 2020 8:33 AM

  • This Land Is My Land, this Land is Your Land – Owner Loses Ownership of Land After Denying It Was Part of His Lot

    Summary The Court of Appeals of Washington held that a lot owner was barred from claiming ownership of a strip of land after representing that the land was part of the adjacent lot, building a fence along the supposed boundary, allowing the adjacent lot owner to maintain and landscape up to the fence, abandoning the... (See Article)

    Jun 4, 2020 8:33 AM

  • Judge denies implementation of portions of major union election rule changes

    On May 30, 2020, a U.S. district court judge issued an order that prevents certain provisions of a new rule governing election procedures from going into effect. However, employers should note that the National Labor Relations Board (NLRB) intends to implement all other portions of the new rule that the court’s order did not address,... (See Article)

    Jun 4, 2020 8:33 AM

  • CCPA 2.0 – More Privacy Legislation in the Golden State?

    Most companies continue to grapple with compliance with the California Consumer Privacy Act (“CCPA”), which went into effect in January. Companies have overhauled their privacy programs and policies and designed new systems to comply with the CCPA. Now, the privacy-right activist group that sponsored the CCPA – Californians for Consumer Privacy – is pushing for... (See Article)

    Jun 4, 2020 8:33 AM

  • OSHA Issues Revised Enforcement Guidance for Recordkeeping of COVID-19 Cases

    By James L. Curtis, Mark A. Lies, II, Adam R. Young, Daniel R. Birnbaum, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has adopted a Revised Enforcement Guidance for Recording Cases of COVID-19. Under the OSHA regulations and the revised guidance, most cases of COVID-19 will not be definitively “work-related” and... (See Article)

    Jun 4, 2020 8:33 AM

  • Last Chance to Register for Tomorrow’s Free Social Media Online Program

    I hope you’re all doing well in spite of these difficult times. I wanted to let you know about a free virtual program I’m doing tomorrow June 4 at 1pm ET. Anyone can join – consultants, in-house marketers of any level, lawyers or business professionals. The program will cover how to use social media for... (See Article)

    Jun 4, 2020 8:33 AM

  • The C2B Program: A lifeline for local businesses devastated by COVID-19

    A Mayer Brown team took on an intriguing project for the Financial Times “hackathon,” which encourages innovative solutions to challenges arising from the COVID-19 pandemic. To help local businesses struggling to survive COVID-19, we proposed a Community Business Capital (C2B) Program. Turning a business-to-consumer business model on its head, the C2B Program relies on peer-to-peer... (See Article)

    Jun 4, 2020 8:33 AM

  • EBA consults on draft amended technical standards on own funds and eligible liabilities

    On 29 May 2020, the European Banking Authority (EBA) published a consultation paper on the draft amended regulatory technical standards (RTS) on own funds and eligible liabilities. Since their entry into force, the RTS on own funds have significantly enhanced regulatory harmonisation of prudential rules and contributed to strengthening the quality of regulatory capital. With... (See Article)

    Jun 4, 2020 8:33 AM

  • Former Blue Bell chief may plead not guilty via video linkup on June 9

    The former chief executive of Blue Bell Creameries, Paul Kruse, may plead not guilty in an arraignment by video Tuesday, June 9, before U.S. Magistrate Judge Andrew W. Austin, according to documents filed June 2 with the U.S. District Court in Austin, TX. The federal criminal case against Kruse was filed on May 1 and... (See Article)

    Jun 4, 2020 8:33 AM

  • Congress Introduces Two Privacy Bills to Regulate COVID-19 Related Data

    As greater amounts of data are being collected to track and mitigate the spread of COVID-19, concerns about personal privacy have led lawmakers in Congress from both parties to introduce legislation to ensure appropriate usage and privacy protections. On May 7, Republican members of the Senate Commerce Committee introduced the “COVID-19 Consumer Data Protection Act.” Sponsored by committee chairman Roger Wicker (R-MS), and Sens. John Thune (R-SD), chairman of the Subcommittee on Communications, Technology, Innovation, and the Internet; Jerry Moran (R-KS), chairman of the Subcommittee on Consumer Protection, Product Safety, Insurance and Data Security; and Marsha Blackburn (R-TN), the bill (See Article)

    Jun 4, 2020 8:33 AM

  • US Department of Commerce Seeks Public Comments on Potential Changes to Section 232 Exclusion Process

    On May 26, 2020, the US Department of Commerce, Bureau of Industry and Security (“DOC”) published a Federal Register notice seeking written comments on ways to improve the exclusion process for tariffs and quotas imposed on steel and aluminum imports pursuant to Section 232 of the Trade Expansion Act of 1962 (“Section 232”).... (See Article)

    Jun 4, 2020 8:33 AM