Code of Federal Regulations

  • Colorado Bar Journal

    Issue number #2019 (January 2019) of publication Colorado Bar Journal is now available

    Feb 16, 2019 3:18 PM

  • Junctures: The Journal for Thematic Dialogue

    Issue number #19 (December 2018) of publication Junctures: The Journal for Thematic Dialogue is now available

    Feb 15, 2019 10:17 PM

  • New Hampshire Business Review

    Issue number #41-1 (January 2019) of publication New Hampshire Business Review is now available

    Feb 15, 2019 10:17 PM

  • Real Estate Weekly

    Issue number #64-12 (January 2019) of publication Real Estate Weekly is now available

    Feb 15, 2019 10:17 PM

  • Court Orders Chemical Safety Board To Produce Chemical Reporting Requirements

    “A federal court recently ordered the CSB to promulgate final accidental chemical release reporting regulations within 12 months. The Clean Air Act requires that those regulations be binding on all entities subject to the CSB's investigation jurisdiction. Owners and operators of industrial facilities can reasonably expect to see a new rulemaking ‘with an accompanying opportunity to submit public comments’ by the fall. Since its inception, the U.S. Chemical Safety and Hazard Investigation Board (CSB or the ‘Board’) has not required reporting of accidental chemical releases.” See Article.

    Feb 15, 2019 9:16 PM

  • California Court Ushers In Sweeping Changes For Scheduling Policies

    “A California Court of Appeal just announced a sweeping change in California's reporting time pay rules which now prohibits a common scheduling practice used by employers throughout the state (Ward v. Tilly's, Inc.). [The February 4th] decision means that California employers who require employees to call in two hours before a shift to determine whether or not they are needed, and report to work if called in, are now obligated to pay that employee, at a minimum, for two hours of work even if the employee is informed that there is no need to come in to work that day.” See Article.

    Feb 15, 2019 9:15 PM

  • FL Court of Appeals: individual who sold bitcoin to another individual was acting as a payment instrument seller or engaging in the business of a money transmitter

    On January 30, the Florida Court of Appeals held that an individual was acting as a payment instrument seller or engaging in the business of a money transmitter, either of which require registration as a money services business under Florida law, when he personally sold bitcoins to another individual. See Decision.

    Feb 15, 2019 9:14 PM

  • DHS proposes new rule to remove safe harbor protection for rebates involving prescription pharmaceuticals

    On February 6, the Department of Health and Human Services (DHS) published a proposed rule to amend the safe harbor regulation concerning discounts, which are defined as certain conduct that is protected from liability under the Federal anti-kickback statute, section 1128B(b) of the Social Security Act. “The amendment would revise the discount safe harbor to explicitly exclude from the definition of a discount eligible for safe harbor protection certain reductions in price or other remuneration from a manufacturer of prescription pharmaceutical products to plan sponsors under Medicare Part D, Medicaid managed care organizations as defined under section 1903(m) of the Act (Medicaid MCOs), or pharmacy benefit managers (PBMs) under contract with them.” See Proposed Rule.

    Feb 15, 2019 9:13 PM

  • 4th Circuit: the risks of torture from all sources should be combined when determining whether a CAT applicant is more likely than not to be tortured in a particular countr

    This month, the 4th Circuit Court held that “the risks of torture from all sources should be combined when determining whether a CAT applicant is more likely than not to be tortured in a particular country.” The Court reasoned that this “interpretation is most consistent with both the implementing regulations and our treaty obligations not to return individuals to a country where they face a substantial risk of torture.” See Decision.

    Feb 15, 2019 9:12 PM

  • In Gouletas, Bankruptcy Court Rules Statutes Of Limitations Have Limitations

    “In the recent Chicago bankruptcy case In re Gouletas, U.S. Bankruptcy Judge Timothy A. Barnes ruled that obligations are not extinguished by statutes of limitation and, even after the expiration of the limitation period, a creditor retains its rights in collateral so long as the underlying debt is enforceable.”See Article..

    Feb 15, 2019 9:08 PM

  • Florida Supreme Court: pre-2014 version of rule 4-3.4(b) does not permit a party to pay a fact witness for the witness's assistance with case and discovery preparation that is not directly related to the witness

    On December 28, the Florida Supreme Court held that the pre-2014 version of rule 4-3.4(b) of the Rules Regulating the Florida Bar does not permit a party to pay a fact witness for the witness's assistance with case and discovery preparation that is not directly related to the witness preparing for, attending, or testifying at proceedings. See Decision.

    Feb 15, 2019 9:06 PM

  • New York City Health Department Bans Sale Of CBD-Infused Food And Beverages

    “In yet another blow to New York City's restaurant, bar and eating establishments, New York City's Department of Health (DOH) has ordered such businesses to stop selling foods and drinks containing cannabidiol, popularly known as "CBD", a chemical compound derived from the cannabis plant.” See Article.

    Feb 15, 2019 9:05 PM

  • New content

    A resource has been added Minnesota Lawyer

    Feb 14, 2019 9:17 PM

  • Iowa Law Review

    Issue number #104-2 (January 2019) of publication Iowa Law Review is now available

    Feb 14, 2019 8:02 PM

  • Iowa Law Review

    Issue number #104-1 (November 2018) of publication Iowa Law Review is now available

    Feb 14, 2019 7:32 PM

  • New content

    A resource has been added Missouri Lawyers Media

    Feb 14, 2019 7:17 PM

  • New content

    A resource has been added Arizona Capitol Times

    Feb 14, 2019 7:17 PM

  • New content

    A resource has been added Central Penn Business Journal

    Feb 14, 2019 7:16 PM

  • The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA

    “In a matter of first impression, the Fifth Circuit upheld a dismissal by the Northern District of Texas holding that a lender cannot be held vicariously liable for a loan servicer's purported violation of the Real Estate Settlement Procedures Act (‘RESPA’). In upholding the decision, the Court held that the borrower failed to plead an agency relationship, and that, even if an agency relationship existed, the lender could not be held vicariously liable as a matter of law for the servicer's alleged failure to comply with RESPA. In reaching its decision, the Fifth Circuit relied upon a plain reading of RESPA, which imposes duties only on loan servicers and restricts liability to those who fail ‘to comply with any provision’ of RESPA. See Article.

    Feb 14, 2019 7:08 PM

  • 5th Circuit Court: the filing of an amended complaint does not revive the plaintiff's absolute right to dismissal under Rule 41(a)(1)(A)(i)

    On February 7, the 5th Circuit Court held that “the filing of an amended complaint does not revive the plaintiff's absolute right to dismissal under Rule 41(a)(1)(A)(i).” See Decision.

    Feb 14, 2019 7:07 PM

  • Upcoming New York State Cybersecurity Regulation Deadlines

    “As a reminder, entities covered by the New York State Department of Financial Services' (NYSDFS) Cybersecurity Regulations (23 NYCRR Part 500) (Cybersecurity Regulations) are required to submit their annual certification of compliance for calendar year 2018 no later than February 15, 2019. In addition, the last transitional period of the regulations will end on March 1, 2019, after which covered entities will need to comply with the third-party service provider provisions.” See Article.

    Feb 14, 2019 7:05 PM

  • Idaho Supreme Court upholds constitutionality of provision expanding Medicaid

    On February 5, the Idaho Supreme Court upheld the constitutionality of Article III, section 1 of the Idaho Constitution, which “expand[s] Medicaid eligibility to include those persons under sixty-five (65) years of age whose modified adjusted gross income is one hundred thirty-three percent (133%) of the federal poverty level or below and who are not otherwise eligible for any other coverage under the state plan, in accordance with sections 1902(a)(10)(A)(i)(VIII) and 1902(e)(14) of the Social Security Act.” See Decision.

    Feb 14, 2019 7:04 PM

  • Opioid Warning Letters Issued By The U.S. Department Of Justice Target Prescribers

    “U.S. Attorney's Offices ("USAOs") across the country are issuing warning letters to physicians and other prescribers (collectively, “Prescribers") cautioning them about their opioid prescribing practices (the "Warning Letters"). In just the last week, the USAO for the Eastern District of Wisconsin sent warning letters to over 180 prescribers identified by Drug Enforcement Administration ("DEA") data as prescribing opioids at relatively high levels. The Food and Drug Administration and the Federal Trade Commission have also been issuing their own warning letters to opioid marketers and distributors over the past several months, evidencing a concerted effort to combat the opioid epidemic on a number of fronts through various federal enforcement and regulatory efforts.” See Article.

    Feb 14, 2019 7:02 PM

  • CA Supreme Court holds that an employee may not bring a civil action against the payroll company hired by his or her employer

    Recently, the California Supreme Court considered the question of whether, when an employer hires an independent payroll service provider (hereafter payroll company) to take over all the payroll tasks that would otherwise be performed by an internal payroll department, the employee may bring a civil action against not only his or her employer but against the payroll company as well. The Court answered in the negative, stating “it is neither necessary nor appropriate to impose upon a payroll company a tort duty of care with regard to the obligations owed to an employee under the applicable labor statutes and wage orders.” See Decision.

    Feb 14, 2019 7:01 PM

  • MI Paid Medical Leave Act to take effect next month

    “In one of his last acts in office, former Governor Rick Snyder signed Michigan's Paid Medical Leave Act into law, which will for the first time require employers in the state to provide paid sick leave to their workforces. Although the statute was just signed on December 14, the effective date of the new law is right around the corner: March 29, 2019...The Michigan Paid Medical Leave Act (MPMLA) will require covered employers (those entities employing 50 or more individuals) to provide eligible employees an opportunity to accrue paid medical leave at the rate of at least one hour of leave for every 35 hours worked, for up to 40 hours per benefit year.” See Article.

    Feb 14, 2019 6:59 PM

  • Paul Manafort plea agreement revoked

    On February 13, the District Court for the District of Columbia revoked Paul Manafort’s plea deal. The Court found that Manafort had made false statements and therefore breached the plea agreement in good faith. As such, “the Office of Special Counsel is no longer bound by its obligations under the plea agreement, including its promise to support a reduction of the offense level in the calculation of the U.S. Sentencing Guidelines for acceptance of responsibility.” See Order.

    Feb 14, 2019 6:59 PM

  • New content

    A resource has been added North Carolina Lawyers Weekly

    Feb 14, 2019 5:17 PM

  • Massachusetts High Court Rules That Denying A Lateral Transfer Request Could Constitute Discrimination

    “On January 29, 2019, the Massachusetts Supreme Judicial Court held that failing to grant a lateral transfer for discriminatory reasons may constitute an "adverse employment action" that violates Massachusetts law, G.L. c. 151B. An employee may therefore be able to recover for illegal discrimination even if the position requested provides exactly the same base salary and benefits as his or her current position. The decision expands the scope of potential discrimination claims under Massachusetts law and may make it more difficult for employers to prevail on motions for summary judgment.” See Article.

    Feb 13, 2019 9:25 PM

  • U.S. Senate votes passes S. 47 - Natural Resources Management Act

    On February 12, the U.S. Senate voted in favor of S.47 - Natural Resources Management Act. This bill would increase the amount of land included under federal parks and protection. See Bill.

    Feb 13, 2019 9:25 PM

  • Congressional Research Service Analyzes Sanctions Against Iran

    “The Congressional Research Service ("CRS") analyzed U.S. and international sanctions against Iran. In the report, CRS "tracks implementation of U.S. laws and Executive Orders as designations and imposition of sanctions." CRS acknowledged that it "has no way to independently corroborate whether any individual or other entity might be in violation of U.S. or international sanctions against Iran," and cautioned that it ‘has not obtained information from the executive branch indicating that ... property [subject to U.S. sanctions] has been blocked.’” See Article.

    Feb 13, 2019 9:23 PM