Code of Federal Regulations

  • Auditors find overdue inspections and poor recordkeeping

    An audit report in an Australian state has found many inspections of food businesses were overdue, recordkeeping was poor, and follow-up and enforcement were not always completed or consistent. The Western Australian Auditor General’s report focused on food safety regulation by two local government entities, one a metropolitan and the other a regional one, with... (See Article)

    Aug 13, 2020 10:32 AM

  • President Trump Issues Executive Orders Prohibiting Transactions with the Makers of TikTok and WeChat

    President Donald Trump signed two executive orders (the EOs) on August 6, 2020, an Executive Order on Addressing the Threat Posed by TikTok (TikTok EO) and an Executive Order on Addressing the Threat Posed by WeChat (WeChat EO). The two orders, which are similar but differ in certain respects, generally announce that U.S. persons will be prohibited from engaging in transactions with the companies producing the TikTok and WeChat apps—ByteDance Ltd. (ByteDance) and Tencent Holdings Ltd. (Tencent), respectively—and their subsidiaries, effective 45 days after the issuance of the EOs. That date falls on Sunday, September 20, 2020... (See Article)

    Aug 13, 2020 10:31 AM

  • CARES Act Questions for the Manufacturing, Distribution and Retail Industry - Update #9

    Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act1”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and the Paycheck Protection Program Flexibility Act (“PPP Flexibility Act”) (together, the CARES Act1, PPPHCE Act, and PPP Flexibility Act are called the “CARES Act”). The CARES Act is important to certain manufacturers because it offers necessary financial relief during this unprecedented time. Understanding the available loans and grants, tax provisions, and employment considerations available under the CARES Act could have a tremendous impact on manufacturers as they make business-critical decisions about their workforce and the continuation of their businesses. As further information becomes available about financial relief offered under the CARES Act, we will update this post... (See Article)

    Aug 13, 2020 10:31 AM

  • Proofs of Loss: Insurers Must Also Comply With Policy Provisions

    I recently defeated an insurance carrier’s Motion for Summary Judgment in Maryland pertaining to an insured’s alleged failure to comply with policy conditions—specifically, failure to file a timely Proof of Loss. During the claim process, a Proof of Loss was requested, and the insured provided the carrier with everything he had to substantiate the claim... (See Article)

    Aug 13, 2020 8:32 AM

  • Event-Cancellation Insurance Issues During a Pandemic

    As the effects of coronavirus continue, organizations and companies now are considering whether events in late 2020 and early 2021 can take place or need to be converted to virtual events.  What insurance effects will those changes and cancellations have? Consideration of these important decisions requires a review of both event-cancellation insurance and a consideration... (See Article)

    Aug 13, 2020 8:32 AM

  • Employment Considerations in the Global Supply Chain

    Employees are the backbone of any supply chain operator. As such, upholding fundamental labor standards and protecting worker rights is a complex undertaking. Further, COVID-19 has introduced additional complexities regarding employee safety and remote work. The following are some considerations to help employers navigate the global framework of ever-evolving laws that touch the supply chain.... (See Article)

    Aug 13, 2020 8:32 AM

  • Am I crazy to think Joe Biden's pick of Senator Kamala Harris for his running mate bodes well for federal criminal justice reform?

    As reported in this AP piece, headlined “Biden selects California Sen. Kamala Harris as running mate,” Joe Biden has finally made his VP choice. And, perhaps unsurprisingly, my Twitter feed is already chock full of criminal justice reform advocates lamenting various aspects of Senator Harris’s criminal justice reform record.  Though I understand the basis for... (See Article)

    Aug 13, 2020 8:32 AM

  • D&O insurance basics (Part 2)

    Directors’ and officers’ liability (D&O) insurance protects the personal assets of corporate directors and officers in the event of a lawsuit or other “claim” made against them for, among other things, an alleged breach of their duties in managing the organization.  D&O insurance directly covers individual directors and officers for their defense costs, judgments against... (See Article)

    Aug 13, 2020 8:32 AM

  • 10 Easy Ways to Use Social Media to Build Your Business and Brand

    Here are 10 quick tips on how to use social media to build your business and brand for any size company or individuals looking to enhance their profile, which you all should be doing in this time of social distancing. Share content that is helpful and useful for your target audience and written in their... (See Article)

    Aug 13, 2020 8:32 AM

  • President Trump Signs Memorandum on Deferring Payroll Tax Obligations

    On August 8, 2020, President Trump signed a Memorandum on Deferring Payroll Tax Obligations in Light of Ongoing COVID-19 Disaster for the Secretary of the Treasury (the “Payroll Tax Memo”). The Payroll Tax Memo notes that President Trump previously declared the COVID-19 pandemic an emergency and that further action is needed to support working Americans... (See Article)

    Aug 13, 2020 8:32 AM

  • Coronavirus Update 8-11-2020: States should follow Illinois’ lead in making it a felony to assault an employee over a mask rule

    Elmo, Big Bird, Cookie Monster … and assault?  Sesame Place is the latest employer to have an employee assaulted for trying to enforce a mask rule. It joins more likely suspects such as Target, WalMart (which has said that for the protection of its employees it will not require them to enforce mask rules), and McDonald’s... (See Article)

    Aug 13, 2020 8:32 AM

  • Just Do It! Microsoft on Multi-Factor Authentication

    Thanks to my good friend Ben Schorr for sending me an August 7 Microsoft update on why multi-factor authentication is so critical. It is short, sweet and should be read by anyone who has resisted multi-factor authentication (and there’s a lot of you!). From the post: “When you sign into your online accounts – a... (See Article)

    Aug 13, 2020 8:32 AM

  • Seventh Circuit Orders Disgorgement of Settlement Proceeds Paid to Bad-Faith Objectors to Class Action Settlements, Ending “Objector Blackmail”

    When a class action settlement is proposed for approval, the class members have three options, (1) they can remain in the settlement class, (2) opt-out of the settlement to preserve their individual claims, or (3) they can object to the settlement if they believe it to be in some way unfair or inequitable. The latter... (See Article)

    Aug 13, 2020 8:32 AM

  • The Latest on the Multistate Cyclospora Outbreak linked to Fresh Express Bagged Salad

    As of July 24, the CDC reported that 641 people with laboratory-confirmed Cyclospora infections and who reported eating bagged salad mix before getting sick have been reported from 11 states (Georgia, Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, Pennsylvania, South Dakota and Wisconsin). 37 people have been hospitalized. The Public Health Agency of Canada is investigating an outbreak... (See Article)

    Aug 13, 2020 8:32 AM

  • Looting For The Cure (Update)

    It takes a special brand of twisted to indulge in the sophistry of justifying looting. And yet, here we go again. Black Lives Matter Chicago warned Mayor Lori Lightfoot on Monday that the renewed civil unrest that’s gripped the city throughout the summer won’t end until “the safety and well-being of our communities is finally... (See Article)

    Aug 13, 2020 8:32 AM

  • HUD Issues Final Rule Repealing 2015 AFFH Rule

    HUD recently issued a final rule that repeals the 2015 Affirmatively Furthering Fair Housing (AFFH) rule and reverts the definition of AFFH to its “original understanding.” (See Article)

    Aug 13, 2020 8:32 AM

  • ACS Opens Call For Nominations For SC&E Lectureship Awards

    The American Chemical Society (ACS) has announced its 2021 call for nominations for the ACS Sustainable Chemistry and Engineering (SC&E) Lectureship Awards. The awards will recognize the contributions of early career investigators from around the world who are doing exceptional research impacting sustainability, green chemistry, or green engineering. (See Article)

    Aug 13, 2020 8:32 AM

  • CFPB Requests Information on Fair Lending Practices

    On July 28, 2020, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued a request for information (“RFI”) seeking public and industry input related to the Equal Credit Opportunity Act (“ECOA”) and Regulation B. The CFPB submitted this RFI in an effort to create a regulatory regime that expands consumer access to credit while ensuring that consumers remain protected from credit transaction discrimination. (See Article)

    Aug 13, 2020 8:32 AM

  • Updated Title IX Rules: Analysis of the Definition of “Sexual Harassment”

    The Department of Education (“Department”) redefined “sexual harassment” for Title IX purposes insomuch as the Final Rule narrowed the scope by requiring that unwelcome conduct be severe and pervasive and objectively offensive (one alone no longer suffices) in a manner that effectively denies an individual access to a school’s education program or activity. However, the Final Rule simultaneously broadened the scope of covered actions to now include dating violence, domestic violence and stalking. (See Article)

    Aug 13, 2020 8:32 AM

  • COVID-19 Report for Life Sciences and Health Care Companies (UPDATED)

    The COVID-19 Report is a compilation of coronavirus news, analysis, and insights from around the world to help life sciences and health care companies stay current in this challenging time. (See Article)

    Aug 13, 2020 8:32 AM

  • San Francisco Proposes Doubling Transfer Tax for Certain Real Estate Transactions

    This November, the residents of the City of San Francisco will either approve or disapprove a ballot measure that will double city transfer taxes on residential and commercial sales over $10 million. Real estate investors need to be cognizant of this potential tax increase in drafting their purchase and sale agreements, leases, and other real estate documents. If it passes, the amended transfer tax ordinance will become operative on January 1, 2021. (See Article)

    Aug 13, 2020 8:32 AM

  • Lead Paint Litigation: Federal Appellate Court Addresses Delaware County's Intention to File Lawsuit

    The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 31st opinion issues arising out of Sherwin-William Company’s (“Sherwin-Williams”) lawsuit challenging a Delaware county’s alleged intention to file lead paint litigation. See Sherwin-Williams Co. v. Cnty. of Del., Pa., No. 19-3561, 2020 WL 4431907, at *1 (3d Cir. July 31, 2020). The county was stated to be seeking to have Sherwin-Williams pay for the inspection and abatement of lead-based paint in private housing and publicly owned buildings. (See Article)

    Aug 13, 2020 8:32 AM

  • Connecticut’s Minimum Wage Increases To $12 per hour On September 1

    In May 2019, Connecticut joined a host of other states, including New York, New Jersey, and Massachusetts, in passing a bill that, pursuant to a series of incremental increases over time, will raise the state’s minimum wage to $15.00 per hour. The first increase occurred in October 2019 and the next increase, to $12 per hour, takes place on September 1, 2020. The law provides for $1.00 per hour increases every eleven months, until reaching $15 per hour in June 2023... (See Article)

    Aug 13, 2020 8:32 AM

  • COVID-19 and Face Masks: Local Enforcement Tools

    In PublicCEO, BB&K's Lauren Langer and Kathy Shin Discuss Ways California Cities Are Enforcing Face Covering Requirements- As COVID-19 cases climb in California, state, county and city directives generally require people to wear face coverings outside the home when social distancing is not practical. Avoiding the disruptions of his original stay-at-home orders, Gov. Gavin Newsom announced the State’s face-covering directive on June 18, in response to California’s surge in cases. Failure to comply with the requirement, as implemented in county health officer orders, is a misdemeanor under the Emergency Services Act and other provisions of state law. Originally published in PublicCEO.com on Aug. 10, 2020. (See Article)

    Aug 13, 2020 8:32 AM

  • Best Practices For Businesses Implementing Mask Requirements

    In late February and early March 2020, public health authorities recommended against requiring the general public to wear masks to prevent the spread of COVID-19. That initial directive may have been based on a lack of knowledge about viral transmission rates and recognition that the supply of protective face masks and respirators was inadequate, with not enough available for healthcare providers and the general public during the pandemic... (See Article)

    Aug 13, 2020 8:32 AM

  • SEC Warns Industry: Remain Vigilant of Cyberattacks

    Cybersecurity has been a key examination priority for the Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) for many years. On July 10, 2020, it issued a risk alert warning of a surge in cyberattacks. The alert, which comes after a number of successful cyberattacks on market participants, reiterated OCIE’s commitment to work with the industry, government authorities, and others to monitor cybersecurity developments, effectively respond to cyber threats, and work toward solutions that may help to prevent these attacks. (See Article)

    Aug 13, 2020 8:32 AM

  • Fine-tuning Liability Protections in the COVID-19 Emergency - NY State Government: Week in Review

    When the scope of the COVID-19 pandemic became apparent, legal commentators, physician organizations and healthcare policymakers sounded the alarm over the potential civil and criminal liabilities that might be faced by practitioners and facilities during the emergency. In short order, the federal government and many states enacted liability limitations. At least two states—Maryland and Virginia—had pre-existing... (See Article)

    Aug 13, 2020 8:32 AM

  • President Trump’s Four Executive Actions Extend Certain Coronavirus Relief Programs, but Create Legal Uncertainty

    On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda1–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in the absence of congressional action. These executive actions may be subject to legal challenges, including that the President exceeded his authority by taking actions normally reserved for Congress. (See Article)

    Aug 13, 2020 8:32 AM

  • Data Protection and National Security Concerns Meet in TikTok, WeChat Executive Orders

    This summer continues to be a busy season at the intersection of data protection and national security. As we reported in July, the Schrems II decision invalidated Privacy Shield on the ground that its national security derogations were too expansive. (See Article)

    Aug 13, 2020 8:32 AM

  • US Administration Takes on Chinese Social Media

    President Trump signed an Executive Order (EO) (TikTok EO) August 6, 2020, banning “transactions” yet to be identified by the US Department of Commerce (Commerce) related to TikTok and its parent ByteDance Ltd. Specifically, the TikTok EO moves to prohibit “any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States with ByteDance” or its subsidiaries. The TikTok EO takes effect on September 20, 2020, but will require further action from Commerce at (or possibly before) that time to clarify what transactions will be prohibited. (See Article)

    Aug 13, 2020 8:32 AM