Code of Federal Regulations

  • "What If Nothing Works? On Crime Licenses, Recidivism, and Quality of Life"

    The title of this post is the title of this interesting new piece authored by Josh Bowers available via SSRN.  Here is its abstract: We accept uncritically the “recidivist premium,” which is the notion that habitual offenders are particularly blameworthy and should be punished harshly.  In this article, I question that assumption and propose a... (See Article)

    Oct 26, 2020 3:33 PM

  • Federal Court: absence of crossing information for blind individuals at NY intersections violates ADA, the Rehabilitation Act and the NYCHRL

    On October 20, the U.S. District Court for the Southern District of New York found that the near-total absence at the City's signalized intersections of crossing information accessible to blind and low-vision pedestrians denies such persons meaningful access to these intersections, in violation of the ADA, the Rehabilitation Act, and the New York City Human Rights Law. See Decision.

    Oct 26, 2020 1:54 PM

  • U.S. Senate Judiciary votes in favor of Amy Coney Barrett’s nomination

    On October 22, the U.S. Senate Judiciary Committee voted 12-0 in favor of Amy Coney Barrett’s Supreme Court nomination. See Updates.

    Oct 26, 2020 1:52 PM

  • 6th Circuit Court upholds MI statute prohibiting the hiring of transportation in order to bring other voters to polling locations

    On October 21, the 6th Circuit Court of Appeals granted a motion filed by the Michigan state legislature seeking an emergency injunction after the district court enjoined the state’s enforcement of a statute prohibiting the hiring of transportation in order to bring other voters to polling locations. The Court reasoned that “the legislature has standing to appeal the order granting the injunction, the state statute is likely not preempted by federal law, and the balance of equities weighs in favor of staying the district court's order.” See Decision.

    Oct 26, 2020 1:52 PM

  • Louisiana law requiring convicted sex offenders to carry an ID card with the words ‘sex offender’ is unconstitutional

    On October 20, the Supreme Court of Louisiana held that a statutory requirement that persons convicted of sex offenses carry an identification card branded with the words "SEX OFFENDER" constitutes compelled speech and does not survive a First Amendment strict scrutiny analysis. See Decision.

    Oct 26, 2020 1:51 PM

  • Sex and Salience

    It’s unfortunate that Michael Sokolove can’t resist the impulse to prove his woke manliness up top, when arguing that if the vote were left to white men, Roy Moore and David Duke would be the sort of people elected. “White men are all racist misogynsts” may well serve to prove he’s the exception, but it’s... (See Article)

    Oct 26, 2020 1:33 PM

  • Old Men, Explained

    The two candidates for president are old. Trump is 74. Biden is 77. Unless you’re prepared to beclown yourself beyond repair, that’s old. And as anyone over 50 years of age realizes, even if they won’t admit it publicly, our bodies and minds begin the slide down the other side of the mountain. It doesn’t... (See Article)

    Oct 26, 2020 11:33 AM

  • Potential regulatory and legislative implications of blue wave on consumer financial services highlighted in Ballard Spahr webinar

    For our webinar last week, “What a Blue Wave in the November 2020 Elections Could Mean for the Consumer Financial Services Industry,” we were joined by special guest Isaac Boltansky, Director of Policy Research at Compass Point Research & Trading.  The webinar examined the potential implications for the consumer financial services industry should Joe Biden... (See Article)

    Oct 26, 2020 9:33 AM

  • CBD Wonder Ingredient or Potential Snake Oil?

    On November 9th, join Fox’s Jonathan Lagarenne, Bob Nagle, Mark Yacura, and Joshua Horn in Rutgers’ CDR Workshop on CBD.  Jonathan Lagarenne, Bob Nagle, and Mark Yacura will present on a panel that will provide corporate banking, employment, and investment considerations when entering the CBD market.  Joshua Horn will then provide an update on the... (See Article)

    Oct 26, 2020 9:33 AM

  • PayPal Pushes Crypto Further into the Mainstream

    PayPal released a press release on Wednesday, October 21, 2020, announcing the launch of a new cryptocurrency service that will enable its users to buy, hold and sell cryptocurrencies. The press release comes on the heels of the New York Department of Financial Services announcement that PayPal was granted the state’s first “conditional BitLicense.” (See Article)

    Oct 26, 2020 9:33 AM

  • When Down the Hall Becomes Across State Lines—Part 1

    Many people relocated to a different state as Covid-19 pandemic restrictions intensified. That relocation may have lasted much longer than was anticipated and may have resulted in an unintended establishment of residency in another state. In Part 1 of a two-part series published in Bloomberg Tax, Lee Allison, Kat Saunders Gregor, and Andrew Yarrows explore... (See Article)

    Oct 26, 2020 9:33 AM

  • Guest Post: OFAC Warns Against Paying Cyber Ransoms to Sanctioned Entities

    Ransomware attacks are on the increase, putting the target organizations in the uncomfortable position of having to decide whether or not to pay the demanded ransom. As if that were not tough enough, an October 1, 2020 advisory statement by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) warns that companies paying ransoms... (See Article)

    Oct 26, 2020 9:33 AM

  • US DOE and NIST Partner to Improve Cybersecurity in Energy, Maritime Transportation Industries

    On October 5, the US Department of Energy’s Office of Cybersecurity, Energy Security and Emergency Response (CESER) reached a $3 million partnership agreement with the National Institute of Standards and Technology (NIST) in order to “research and develop tools and practices that will strengthen the cybersecurity of the nation’s energy sector and maritime transportation system.”... (See Article)

    Oct 26, 2020 9:33 AM

  • California Election Day Stakes for Ride Share Companies Just Got Higher After Appellate Ruling

    November 3, 2020 has been circled on the calendars of app-based ride share and food delivery companies doing business in California for many months now.  After a new ruling by the California Court of Appeal, those companies have likely gone back and circled that date a few more times in thick red ink. On November... (See Article)

    Oct 26, 2020 9:33 AM

  • Conflicting Messages: An Executive Order vs. Affirmative Action

    The EEOC has encouraged employers to voluntarily modify employment practices and systems which create barriers to equal employment opportunity, without waiting for litigation or formal government action.  The EEOC has said that the principle of nondiscrimination in employment because of race, color, religion, sex or national origin and the principle that each employer should take... (See Article)

    Oct 26, 2020 9:33 AM

  • Centralized Sales and Use Collection Proposal Submitted by Local Associations

    On October 16, 2020, the attorney representing the Louisiana Association of Tax Administrators presented a proposal for centralized local sales and use tax collection in Louisiana (the “Localities’ Proposal”) to the Centralized Sales and Use Tax Administration Study Group (the “Study Group”).  The Study Group was created by the Legislature earlier this year (HR 31,... (See Article)

    Oct 26, 2020 9:33 AM

  • Congressman Walden Urges Adoption of Broadcast Diversity in Leadership Act – An Incubator Program to Assist New Entrants to Broadcast Ownership

    There were several reports in the broadcast trade press today about an article in the Hill newsletter from retiring Congressman Greg Walden about his proposals to increase diversity in broadcast ownership.  Congressman Walden, a former broadcaster, seeks in his Broadcast Diversity in Leadership Act to foster minority ownership and ownership by new entrants by establishing... (See Article)

    Oct 26, 2020 9:32 AM

  • Recent Developments on the German Ringfencing Regulation

    I. The German Ringfencing Act As a reaction to the financial crisis in 2007/2008 and to address risks in connection with the “too big to fail” phenomena, the German legislature issued the Ringfencing Act in 2014 (the “Act”). In a nutshell, the Act forbids big CRR-credit institutions (depending on certain balance sheet thresholds) to engage... (See Article)

    Oct 26, 2020 9:32 AM

  • Trade Secret Battle Waged in Legal Services Market

    Given the value of trade secrets in the global economy, businesses should always be on high alert for signs of misappropriation of trade secrets or other confidential information. COVID-19 has only increased the importance of doing so given employee mobility and a growing remote work force, which not surprisingly has spurred litigation by businesses attempting... (See Article)

    Oct 26, 2020 9:32 AM

  • Can You Predict a Split Decision in Criminal Cases at the California Supreme Court After Oral Argument?

    Now we turn to the data for the criminal docket.  In outright reversals, respondents averaged more questions than appellants in three of five years between 2016 and 2020 – 2016, 2018 and 2020. We mentioned in a previous post that there was some indication – notwithstanding the tiny data sets – that partial reversals might... (See Article)

    Oct 26, 2020 9:32 AM

  • Join Kelley Drye at the 15th Annual Privacy & Data Security Symposium

    Many stewards of the Internet’s most popular websites, online services, and platforms have historically funded their products and services by harnessing the value of consumer data, with varying degrees of transparency about what data they collect, how they use it, and what third parties do with it. Consumers, public interest groups, some tech companies, regulators,... (See Article)

    Oct 26, 2020 9:32 AM

  • Eleventh Circuit Rejects Incentive and Award to Class Representative in TCPA Class Action

    In Johnson v. NPAS Sols., LLC, No. 18-12344 (11th Cir. Sep. 17, 2020), the Eleventh Circuit (the “Court”) found a series of errors in an order entered by the Southern District of Florida approving the settlement of a class action alleging violations of the Telephone Consumer Protection Act. Significantly, the Court invalidated the use of... (See Article)

    Oct 26, 2020 9:32 AM

  • LMA publishes latest list of RFR referencing loans

    On 16 October, the Loan Market Association (“LMA”) published an updated version of a list that sets out the near risk-free rate (“RFR”) referencing loans which have been announced to date. The list is based on publicly available information and seeks to raise awareness of RFR-referencing loans by providing information on the conventions used. The... (See Article)

    Oct 26, 2020 9:32 AM

  • The Week in Legal Tech? Hear All About It From Our Friday Journalists’ Roundtable, Today At 3 ET

    We are back today at 3 p.m. ET for our weekly Legaltech Week journalists’ roundtable, where we discuss and dissect the top news stories of the last week. It’s on Zoom and all free, but registration is required. Register once and you’re registered for every subsequent week. All prior episodes are also available, both as a podcast and... (See Article)

    Oct 26, 2020 9:32 AM

  • FCA updates statement on firms’ complaint handling

    On 20 October 2020, the FCA updated its webpage concerning firm handling of complaints during the COVID-19 pandemic. The FCA has provided updated information on payment protection insurance (PPI) complaints and reinforces its messaging about the importance of continuing to comply with complaint handling requirements. In particular, claims management companies are reminded of the FCA’s... (See Article)

    Oct 26, 2020 9:32 AM

  • Global Law and Business Podcast – Sonu Ratra (International Impact of Women)

    Listen HERE or stream on Spotify, Apple Podcasts, Google Play, Stitcher, or Soundcloud! The large-scale shift to telework brought on by the COVID-19 pandemic is prompting businesses around the world to explore new avenues to engage with clients and friends. Harris Bricken is no exception, and we are happy to provide this podcast series: Global Law and Business, hosted by international attorneys... (See Article)

    Oct 26, 2020 9:32 AM

  • Puerto Rico Court of Appeals Revokes Two Accord & Satisfaction Rulings on Hurricane Maria Claims

    On September 30, 2020, the Puerto Rico Court of Appeals revoked the rulings held on two (2) Accord and Satisfaction cases. The first case, Victor Cruz Perez v. Universal Insurance Company,1 was reversed due to the insurer’s failure to prove that all elements of Accord Satisfaction had been fulfilled. Elements of Accord and Satisfaction: A... (See Article)

    Oct 26, 2020 9:32 AM

  • "Framing Individualized Sentencing for Politics and the Constitution"

    The title of this post is the title of this timely new paper now available via SSRN authored by Meghan Ryan. Here is its abstract: For decades, there was not much growth in the U.S. Supreme Court’s interpretation and application of the Eighth Amendment.  In recent years, though, the Court has expanded the Amendment to... (See Article)

    Oct 26, 2020 9:32 AM

  • 5th Circuit: Exception To Notice Requirement Under Texas RFRA Applies

     In Gonzales v. Mathis Independent School District, (5th Cir., Oct. 22, 2020), the U.S. 5th Circuit Court of Appeals affirmed a Texas federal district court’s issuance of a preliminary injunction to prevent a public school’s exclusion of a student from extracurricular activities. The school invoked its hair length requirement to bar two brothers from such activities.... (See Article)

    Oct 26, 2020 9:32 AM

  • Seaton: Crowdsourced Smart-Assery (Toobin Edition)

    Friends, I’m going to be completely honest with you this week. I actually had something ready that was smart, funny, topical, and educational for this Friday’s Funny. Then I realized SJ’d gone a full week without mentioning the Jeffrey Toobin incident. It will be a cold day in hell before I miss a chance like... (See Article)

    Oct 26, 2020 9:32 AM