Code of Federal Regulations

  • Diverse Issues in Higher Education

    Issue number #35-15 (August 2018) of publication Diverse Issues in Higher Education is now available

    Sep 22, 2018 11:03 AM

  • Los Angeles Business Journal

    Issue number #40-35 (August 2018) of publication Los Angeles Business Journal is now available

    Sep 22, 2018 11:03 AM

  • San Diego Business Journal

    Issue number #39-35 (August 2018) of publication San Diego Business Journal is now available

    Sep 22, 2018 11:03 AM

  • New Hampshire Business Review

    Issue number #40-19 (August 2018) of publication New Hampshire Business Review is now available

    Sep 22, 2018 11:03 AM

  • Journal of Alcohol & Drug Education

    Issue number #62-2 (August 2018) of publication Journal of Alcohol & Drug Education is now available

    Sep 22, 2018 11:03 AM

  • Massachusetts Becomes 49th State to Adopt Uniform Trade Secrets Act

    “Effective as of October 1, 2018, Massachusetts will become the 49th state to adopt a version of the Uniform Trade Secrets Act (leaving New York as the only holdout). Massachusetts did so as part of a large budget bill recently signed into law, which also resulted in the adoption of the Massachusetts Non-competition Agreement Act.” See Article.

    Sep 21, 2018 9:13 PM

  • 9th Circuit Court finds that Nevada has personal jurisdiction over a defendant who made defamatory statements at a conference in Nevada

    On September 18, the 9th Circuit Court reversed the district court’s dismissal for lack of personal jurisdiction of a complaint where plaintiffs alleged that the defendant made defamatory statements at a conference in Nevada. The plaintiff company is a citizen is the U.K. residing in Switzerland. The defendant is a Washington resident and employee of a business that often solicits business in Nevada. The Court held that “Nevada's exercise of personal jurisdiction over defendants comported with constitutional due process because all three prongs of the minimum contacts test for specific jurisdiction were satisfied.” See Decision.

    Sep 21, 2018 9:12 PM

  • 6th Circuit Holds Full-Time Presence At Work is Not an Essential Function under ADA

    “In a July 17, 2018 opinion, the U.S. Court of Appeals for the Sixth Circuit held ‘full-time presence at work is not an essential function.’ In so holding, the Sixth Circuit reversed the trial court's grant of summary judgment in favor of the employer in the matter of Hostettler v. The College of Wooster that was based upon the proposition that full-time employment was an essential function of a human resources generalist position.” See Article.

    Sep 21, 2018 9:11 PM

  • 8th Circuit Court affirms district court's order permanently enjoining the provision prohibits a political action committee (PAC) from receiving contributions from other PACs

    On September 10, the 8th Circuit Court affirmed the district court’s order permanently enjoining enforcement of a recently enacted provision of the Missouri Constitution. The provision prohibits a political action committee (PAC) from receiving contributions from other PACs. The Court agreed with the district court that the “prohibition unconstitutionally infringed on a political action committee's First Amendment rights to freedom of speech and association.” See Decision.

    Sep 21, 2018 9:11 PM

  • Pennsylvania Proposes Significant Changes to its Minimum Wage and Overtime Rules

    The Pennsylvania Department of Labor recently submitted its proposed regulation updating their overtime pay rules. “While the regulation proposes a number of changes to Pennsylvania law, the main change is a series of increases to the minimum salary threshold for employees to qualify for the executive, administrative, and professional exemptions to the PMWA's overtime requirements. These are commonly referred to as the ‘white collar’ exemptions. The current minimum salary level for these exemptions is $455 per week or $23,660 annually. Under the proposed regulations these salary levels would be increased.” See Article.

    Sep 21, 2018 9:09 PM

  • Florida Supreme Court: Amendment 13 will be on November general election ballot

    On September 7, the Florida Supreme Court vacated a circuit court judgment regarding Amendment 13 and whether it would appear on the November 2018 general election ballot. The Florida Supreme Court held that “Amendment 13's fundamental value provision is prefatory, and that the ballot language is not clearly and conclusively defective for failing to inform voters of that provision.” Additionally, the Court held that the ballot language accurately states the effect, or lack thereof, Amendment 13 would have on other forms of gaming should it be adopted by the voters and that the ballot language does not mislead voters with respect to Amendment 13's scope.” See Decision.

    Sep 21, 2018 9:09 PM

  • State Appeals Court Expands Scope of NYC’s Marital Status Discrimination Law

    “The scope of New York City's marital status discrimination law was just expanded by a state appeals court, meaning that employers need to be even more wary when it comes to any workplace decisions taken on the basis of who someone is married to. On September 6, the Appellate Division for New York's First Department answered for the first time the following question under the New York City Human Rights Law (HRL): may an employer dismiss an employee simply because the employee's spouse, also a former employee, had taken a job with the employer's competitor?” See Article.

    Sep 21, 2018 9:05 PM

  • Court Rules that Federal Government Must Make Cost Sharing Reduction Payments to Insurers

    “ACA plans scored a major victory [recently] when a federal court held that health plans participating on the ACA exchanges are entitled to unpaid cost sharing reduction (CSR) payments from the federal government. The case - Montana Health CO-OP v. United States - is the first decision opining on the federal government's obligation to make CSR payments.” See Article.

    Sep 21, 2018 9:04 PM

  • Arkansas Business

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

    Sep 21, 2018 5:02 AM

  • Journal of Accountancy

    Issue number #226-3 (September 2018) of publication Journal of Accountancy is now available

    Sep 21, 2018 4:47 AM

  • Diverse Issues in Higher Education

    Issue number #35-16 (September 2018) of publication Diverse Issues in Higher Education is now available

    Sep 21, 2018 4:47 AM

  • Palantir: Federal Circuit Confirms Agencies’ Obligations to Prioritize Commercial Solutions

    “Palantir USG v. United States may prove to be one of the most significant procurement precedents of the decade. Affirming the Court of Federal Claims, the Federal Circuit breathed new life into the government's obligations under the Federal Acquisition Streamlining Act (FASA) to prioritize, to the maximum extent practicable, the acquisition of commercial and nondevelopmental solutions.” See Article.

    Sep 20, 2018 10:24 PM

  • Federal Court rules that the FDA has 'unreasonably' delayed promulgating a final rule mandating graphic warnings on cigarette packs

    On September 5, a U.S. District Court ruled that the Food and Drug Administration (FDA) has ‘unreasonably delayed’ promulgating a final rule mandating color graphic warning on cigarette packs and that the court must compel agency action. The Family Smoking Prevention and Tobacco Control Act of 2009 required the FDA to promulgate the final rule by June 22, 2011. See Decision.

    Sep 20, 2018 10:24 PM

  • NY DFS Takes OCC to Court Over Fintech Charter

    “The New York State Department of Financial Services ("DFS") filed a Complaint to stop the Office of the Comptroller of the Currency ("OCC") from accepting special purpose national bank charter applications from FinTech companies. The two complaints previously filed by state regulators against the OCC on this matter were dismissed, since the OCC had not attempted to offer the charters at the time. The OCC has since begun to consider applications on these charters.” See Article.

    Sep 20, 2018 10:18 PM

  • 6th Circuit Court: Donald Trump's "Get 'em out of here" comment was not 'incitement to riot' and was protected First Amendment speech

    On September 11, the 6th Circuit Court held that Donald Trump’s "Get ‘em out of here” comment, made during a rally, does not meet the required elements of “incitement to riot.” The Court held that “Trump's speech enjoys First Amendment protection, because he did not specifically advocate imminent lawless action.” See Decision.

    Sep 20, 2018 10:18 PM

  • Seventh Circuit Upholds Illinois ZEC Program for Struggling Nuclear Units

    “On September 13, 2018, the Court of Appeals for the Seventh Circuit affirmed the trial court's dismissal of claims that the zero-emission credit (ZEC) program enacted by the Illinois legislature in 2016 violated the U.S. Constitution's dormant Commerce Clause and was preempted by the Federal Power Act. The Court took the unusual step of requesting an amicus brief from the Federal Energy Regulatory Commission (FERC). FERC and the Department of Justice jointly filed a brief in response, arguing that the Illinois' program neither interferes with interstate auctions nor is otherwise preempted by federal law. Once FERC weighed in on the side of Illinois, a result in favor of the State was a likely conclusion.” See Article.

    Sep 20, 2018 10:11 PM

  • Federal Judge holds that PA policy excluding nontheistic guests to present uplifting messages violates the Establishment Clause

    On August 29, a U.S. District Court judge held that a Pennsylvania House of Representatives policy violated the Establishment Clause of the First Amendment of the Constitution. The policy in question was the Speaker of the House’s guest chaplin policy that categorically excluded plaintiffs the opportunity to present an uplifting message due solely to the nontheistic nature of their beliefs. See Decision.

    Sep 20, 2018 10:10 PM

  • United Technologies Hit with $13.9 Million Fine for Making Illicit Payments

    “On September 12, 2018, the United Technologies Corporation ("UTC") reached a $13.9 million resolution with the U.S. Securities and Exchange Commission ("SEC") over allegations that it violated the anti-bribery, books and records, and internal accounting controls provisions of the Foreign Corrupt Practices Act ("FCPA"). The SEC credited UTC for making self-disclosure to and cooperating with the enforcement authorities, as well as undertaking a series of remedial efforts. The SEC resolution comes after the Department of Justice ("DOJ") notified UTC that it had decided to close its investigation on March 7, 2018, again illustrating that the SEC may still impose a civil penalty where the DOJ declines a matter and the company pays full disgorgement of ill-gotten gains.” See Article.

    Sep 20, 2018 10:08 PM

  • Connecticut Employer’s Defenses on Medical Marijuana User’s Discrimination Claim Go Up in Smoke

    “A federal court in Connecticut recently granted summary judgment to a prospective employee on an employment discrimination claim brought under Connecticut's Palliative Use of Marijuana Act (PUMA). The case, Noffsinger v. SSC Niantic Operating Co., LLC adds to an evolving area of litigation regarding employees who use medical marijuana pursuant to a valid state-approved program.” See Article.

    Sep 20, 2018 9:56 PM

  • San Diego Business Journal

    Issue number #39-34 (August 2018) of publication San Diego Business Journal is now available

    Sep 20, 2018 5:17 AM

  • San Fernando Valley Business Journal

    Issue number #23-18 (September 2018) of publication San Fernando Valley Business Journal is now available

    Sep 20, 2018 5:02 AM

  • CO Supreme Court: an insured is not entitled to collect prejudgment interest when he settles and uninsured motorist claim with his insurer instead of filing a lawsuit and proceeding to judgment

    On September 10, the Supreme Court of Colorado held that an insured is not entitled to collect prejudgment interest when he settles and uninsured motorist claim with his insurer instead of filing a lawsuit and proceeding to judgment. The Court reasoned that “under the plain language of the prejudgment interest statute, § 13-21-101, C.R.S (2017), an insured is entitled to prejudgment interest only after (1) an action is brought, (2) the plaintiff claims damages and interest in the complaint, (3) there is a finding of damages by a jury or court, and (4) judgment is entered.” See Decision.

    Sep 19, 2018 11:47 PM

  • N.D. of California Finds Scienter and Individual Reliance Adequately Pleaded, But Stresses that Issues Respecting Class-Wide Reliance Remain to be Considered

    “On September 7, 2018, Judge Charles Breyer of the United States District Court for the Northern District of California denied a motion to dismiss a second amended putative class action complaint on behalf of Volkswagen bondholders asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 against Volkswagen and certain of its former executives alleging that defendants failed to disclose Volkswagen's use of "defeat device" software to mask emissions in the company's diesel engines.” See Article.

    Sep 19, 2018 11:46 PM

  • U.S. Supreme Court denies application for emergency stay in the case of Crossroads Grassroots Policy Strategies v. Citizens for Responsibility and Ethics in Washington

    On September 18, the U.S. Supreme Court denied an application for an emergency stay in the case of Crossroads Grassroots Policy Strategies v. Citizens for Responsibility and Ethics in Washington. The application sought to stay the federal district court decision invalidating a Federal Election Commission (FEC) regulation which allowed non-profit organizations to keep their donors private. See Case Documents.

    Sep 19, 2018 11:40 PM

  • Industry Impact from Criminal Verdict in Pipeline Oil Spill

    “On September 7, 2018, a jury in a California state court found Plains All American Pipeline guilty on 9 criminal counts, stemming from a release of 140,000 gallons of crude oil from a Plains pipeline near Santa Barbara in 2015. Media across America reported on the criminal verdict in the Plains case, and certain commenters predict that the verdict could further energize pipeline opposition groups around the country. The case may be viewed best, however, as somewhat of an anomaly: a broadside of state legal requirements brought after an oil spill to a sensitive environment in California.” See Article.

    Sep 19, 2018 11:39 PM