Code of Federal Regulations

  • Capital University Law Review

    Issue number #48-3 (June 2020) of publication Capital University Law Review is now available

    Nov 26, 2020 10:46 PM

  • Michigan Court of Claims Denies Request for Injunction Against State Over Local Licensing Decisions

    On November 11, 2020, Attitude Wellness D/B/A Lume Cannabis Company (Lume), filed suit in the Michigan Court of Claims against the Michigan Marijuana Regulatory Agency (MRA), the Village of Edwardsburg, and two private parties, after the Village denied Lume’s application for village marijuana establishment licenses. Lume sought an injunction to prevent the MRA from issuing... (See Article)

    Nov 26, 2020 7:32 PM

  • Transatlantic Trade: US and Europe – Week of November 16, 2020

    States continue to certify their election results in the United States (US), amid ongoing legal challenges from US President Donald Trump.  With temperatures cooling and holidays approaching, governments on both sides of the Atlantic Ocean continue to evaluate the situation and impose or refine restrictions as COVID-19 cases continue to rise. United Kingdom (UK) Prime... (See Article)

    Nov 26, 2020 5:33 PM

  • Energy and Environmental Legislation in the 117th Congress

    While the election results are not yet final, this article will proceed from the assumption that former Vice President Biden will become President in January and that Republicans will win at least one of the two U.S. Senate seats in Georgia to be decided by runoff, and thus will have a majority in the U.S.... (See Article)

    Nov 26, 2020 3:32 PM

  • US Executive Branch Update – November 23, 2020

    This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases. POTUS’ Schedule* *The US President (POTUS) and Vice President’s (VPOTUS) daily schedules are subject to change. The President has no public events scheduled. VPOTUS’ Schedule* THE VICE PRESIDENT has no public events scheduled. Recap of... (See Article)

    Nov 26, 2020 1:32 PM

  • New Chapter 11 Filing – Northwest Hardwoods

    On November 23, 2020, Northwest Hardwoods, Inc. of Tacoma, WA, a privately held lumber manufacturer with 20 production facilities in the western, glacial, and Appalachian regions of the United States, filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 20-13005). The... (See Article)

    Nov 26, 2020 11:33 AM

  • Justice Department to require divestiture of Credit Karma Tax to allow acquisition

    The Department of Justice has announced that it will require Intuit Inc. and Credit Karma Inc. to divest Credit Karma’s tax business in order to proceed with the $7.1 billion acquisition of Credit Karma. The Department stated that the proposed transaction would substantially lessen competition for digital do-it-yourself (DDIY) tax preparation products if the divestiture was not required. Details can be viewed here.

    Nov 26, 2020 10:13 AM

  • Laura Reiff and Martha Schoonover Included in Washingtonian Magazine’s 2020 Top Lawyers List

    Laura Foote Reiff and Martha J. Schoonover, shareholders in global law firm Greenberg Traurig, LLP’s Northern Virginia office, were again listed in Washingtonian magazine’s 2020 Top Lawyers list. They are recognized in the magazine for their immigration work and will be featured in the December 2020 issue. Continue reading the full GT press release. (See Article)

    Nov 26, 2020 9:33 AM

  • US SEC amends rules to simplify and expand the exempt offering framework

    On November 2, 2020, in an effort to harmonize and modernize the exempt offering framework under the Securities Act of 1933 (the Securities Act), the US Securities and Exchange Commission (SEC) adopted a final rule entitled “Facilitating Capital Formation and Expanding Investment Opportunities by Improving Access to Capital in Private Markets.” In a new legal... (See Article)

    Nov 26, 2020 9:33 AM

  • 1071 sick with Cyclospora linked to Fresh Express bagged salad mix containing iceberg lettuce, carrots, and red cabbage

    As of November 4, 2020, 370 confirmed cases of Cyclospora illness were reported in the following provinces and territories: British Columbia (1), Ontario (255), Quebec (105), New Brunswick (1), Newfoundland and Labrador (6), and Nunavut (2). Individuals became sick between mid-May and late August 2020. Ten individuals were hospitalized. No deaths were reported. Individuals who became ill... (See Article)

    Nov 26, 2020 9:33 AM

  • Oregon COVD-19 Limits On Parochial Schools Upheld

    The Oregonian yesterday reported on federal district judge’s ruling from the bench in Horizon Christian School v. State of Oregon, (D OR, Nov. 17, 2020) denying a preliminary injunction to three Christian schools challenging Gov. Kate Brown’s COVID-19 executive order that limits the schools to remote instruction. According to the report: Attorney John Kaempf, representing Horizon Christian... (See Article)

    Nov 26, 2020 9:33 AM

  • US Department of Justice sets three more execution dates, including for the only woman on federal death row

    In this July post I wondered aloud “How many federal death row prisoners does Attorney General William Barr want to see executed in 2020?”.  My main point in that post was that, after the completion of an initial three federal executions that month thanks to SCOTUS lifting lower court stays, it seemed that AG Barr would... (See Article)

    Nov 26, 2020 9:33 AM

  • Panel of Pennsylvania Superior Court Judges Gives Gallagher v. GEICO Wide Effect

    Stacking Cars and Bikes The debate on the effect of the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO, 201 A.3d 131 (Pa. 2019), continues on. This question was most recently addressed by a panel of Pennsylvania Superior Court Judges in the case of Erie Insurance Exchange v. Petrie, No. 261 EDA 2020 (Pa. Super.... (See Article)

    Nov 26, 2020 9:33 AM

  • ISS Publishes 2021 Proxy Voting Guidelines

    In the News. Institutional Shareholder Services (ISS) published its proxy voting guidelines updates for 2021, which include new and updated voting recommendations on federal forum and exclusive forum provisions in companies’ governing documents and the racial and ethnic diversity of directors; U.S. Securities and Exchange Commission (SEC) Chairman Jay Clayton confirmed that he will conclude his tenure at the end of this year; the SEC’s Division of Investment Management (Division of IM) issued an information update on a new web intake form for no-action and interpretive letter requests; the SEC adopted final rules concerning electronic signatures on EDGAR filings and other electronic SEC docum (See Article)

    Nov 26, 2020 9:33 AM

  • How Not To Take Valid Shareholder Action

    The same might be true of shareholder meetings.  In general, there is only one way to get them right but a number of ways to get them wrong. Here are some ways to err... (See Article)

    Nov 26, 2020 9:33 AM

  • New Jersey Tightens Restrictions As COVID-19 Cases Increase

    For at least the eighth time in the past nine months, in response to the COVID-19 pandemic, the New Jersey Governor has signed an Executive Order that limits the number of individuals permitted to attend indoor or outdoor gatherings. Executive Order 196 (EO) also places limitations on athletic competitions at all levels (e.g., youth through professional) at both indoor and outdoor events... (See Article)

    Nov 26, 2020 9:33 AM

  • New York Amends State WARN Law

    Effective November 11, 2020, New York amended its Worker Adjustment and Retraining Notification Act (“NY WARN Act”) by expanding the government entities that must receive notice of a NY WARN Act triggering event, such as a facility closing or mass layoff. (See Article)

    Nov 26, 2020 9:33 AM

  • Federal Banking Agencies Issue Joint Statement Regarding LIBOR Transition

    The FDIC, the OCC, and the Board of Governors of the Federal Reserve System (collectively, the Agencies) recently issued a joint statement reiterating prior guidance that a bank may use any reference rate for its loans that the bank determines to be appropriate for its funding model and customer needs... (See Article)

    Nov 26, 2020 9:33 AM

  • CMS Establishes Medicare Payment Policy for COVID-19 Antibody Treatment

    Medicare beneficiaries will not have to pay out-of-pocket costs for coverage of monoclonal antibodies to treat COVID-19 during the public health emergency, CMS announced on November 10, 2020. The agency’s coverage will apply to bamlanivimab, Eli Lilly’s monoclonal antibody infusion, which received an FDA emergency use authorization on November 9, 2020. Antibodies are proteins produced by the immune system that protect the body by binding to specific targets. (See Article)

    Nov 26, 2020 9:33 AM

  • Facing Your Face Mask Duties – A List of Statewide Orders (UPDATED)

    Governors and public health officials across the country have implemented stringent measures to help contain the spread of COVID-19, such as safer at home orders. As businesses reopen, face coverings remain popular as a preventative measure. Numerous jurisdictions have encouraged—or mandated—citizens to wear face coverings when out in public, especially when social distancing cannot be maintained effectively. (See Article)

    Nov 26, 2020 9:32 AM

  • NC Politics in the News - November 2020 #2

    Economic Development - THE NEWS & OBSERVER: Who will pay for Downtown South? Raleigh debates incentives as rezoning vote nears. Downtown South returns to a city advisory board Thursday as the developers press for a rezoning they say the massive project needs before the end of the year. (See Article)

    Nov 26, 2020 9:32 AM

  • Recent Measures in the District of Columbia Negatively Impact Opportunity Zone Investment Returns

    The District of Columbia is implementing certain new regulations and has also enacted new legislation that will likely result in a reduction in expected investment returns and create overly burdensome government oversight that could discourage Opportunity Zone investments in the District. Opportunity Zones are an economic development tool that incentivize investors to develop real estate in distressed and low-income areas across the country through Qualified Opportunity Funds (QOFs) and temporarily defer the payment of taxes on eligible gains. Capital gains from the sale of assets (whether tangible or intangible) that are deposited into a QOF will not be taxed until 2026, or when the investment is sold. (See Article)

    Nov 26, 2020 9:32 AM

  • The Tax Court in Brief - November 2020

    Freeman Law’s “The Tax Court in Brief” covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose. (See Article)

    Nov 26, 2020 9:32 AM

  • Alert: IRS Releases Guidance on PPP Loans and Employee Retention Tax Credits

    The Internal Revenue Service (IRS) has issued several items of new guidance relating to loans under the Paycheck Protection Program (PPP), including two new FAQs addressing the interaction of PPP loans and employee retention tax credits (ERTCs) in M&A transactions, a Revenue Ruling holding that expenses funded by PPP loans that are expected to be forgiven in a subsequent taxable year are not deductible, and a Revenue Procedure covering how to claim deductions if such a PPP loan subsequently is not forgiven. (See Article)

    Nov 26, 2020 9:32 AM

  • Real Property, Financial Services, & Title Insurance Update: Week Ending October 16, 2020

    Real Property Update - Foreclosure / Compliance with HUD: finding, as a matter of first impression in Florida, that a lender can prove compliance with HUD notice requirements by evidence other than a certified mail receipt from the USPS – Lakeview Loan Servicing, LLC v. Walcott-Barr, No.4D19-1582 (Fla. 4th DCA Oct. 19, 2020) (reversed) (See Article)

    Nov 26, 2020 9:32 AM

  • What’s Love Got to do With It: When Unmarried Couples Live Like Married Couples

    The pandemic may be delaying weddings, but people are still moving forward living their lives together – and making some unfortunate financial decisions. Unfortunate because they are not protected by laws that would protect married individuals in a divorce. Although marriage rates have hit historic lows, people continue to date, enter committed relationships, move in together, and make life decisions as if they were a married couple. This includes opening joint bank accounts and buying property together. These actions, while normal and commonplace, can expose the individuals to serious risk if the relationship sours. (See Article)

    Nov 26, 2020 9:32 AM

  • President-Elect Biden’s Potential Executive Actions: A Health Care & Life Sciences Perspective

    President-elect Biden’s agenda and approach for his first 100 days in office will depend to a large degree on which party controls the United States Senate. Many of the incoming President’s major campaign promises—such as comprehensive climate solutions, sweeping immigration reform, infrastructure spending and tax reforms—would only be possible with a Democratic majority in both the House and Senate. As a result, if Republicans win either of the run-off elections in Georgia and maintain control in the Senate, President-elect Biden’s first 100 days in office likely will focus on a considerable number of executive actions and a less far-reaching legislative agenda. (See Article)

    Nov 26, 2020 9:32 AM

  • Recent State Fiduciary Duty Developments: Alabama and Rhode Island Issue Regulations

    Alabama and Rhode Island are the most recent states to issue regulations setting forth a best interest standard for annuity producers in recommending an annuity to their customers. Both regulations follow the National Association of Insurance Commissioners’ (NAIC’s) model regulation by requiring producers to act in the consumer’s best interest and not place the producer’s financial interest ahead of the consumer’s... (See Article)

    Nov 26, 2020 9:32 AM

  • Chancery Finds Warrant Issuance Triggered Stockholder Preemption Rights

    L-5 Healthcare Partners, LLC v. Alphatec Holdings, Inc., C.A. No. 2019-0412-KSJM (Del. Ch. Oct. 12, 2020) - Pursuant to a share purchase agreement, a plaintiff stockholder had preemption rights that entitled the stockholder to participate on a pro-rata basis if the defendant company issued common stock equivalents to a third-party buyer. Defendant issued warrants convertible into common stock to a nonparty. (See Article)

    Nov 26, 2020 9:32 AM

  • Demanding Cal/OSHA COVID-19 Regulation Set To Become Effective

    The Emergency COVID-19 Prevention Regulation adopted by Cal/OSHA late this month will go into effect as early as Monday, November 30, 2020. When it becomes effective, the regulation will be the most sweeping and demanding body of COVID-19-related requirements imposed to date on California employers. Employers should prepare now to comply... (See Article)

    Nov 26, 2020 9:32 AM