Code of Federal Regulations

  • CA Supreme Court: Senate Bill 1391 was a permissible amendment to Proposition 57

    On February 25, the Supreme Court of California held that Senate Bill 1391, which amended Proposition 57 to prohibit minors under the age of 16 from being transferred to adult criminal court, was a permissible amendment to Proposition 57. See Decision.

    Mar 3, 2021 8:09 PM

  • U.S. Supreme Court grants certiorari in U.S. v. Vaello-Madero

    On March 1, the U.S. Supreme Court granted certiorari in the case of United States v. Vaello-Madero to consider the issue of whether Congress violated the equal-protection component of the due process clause of the Fifth Amendment by establishing Supplemental Security Income in the 50 states, but not in Puerto Rico. See Order List.

    Mar 3, 2021 8:08 PM

  • CA Supreme Court: employers cannot engage in the practice of rounding time punches and time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations

    On February 25, the Supreme Court of California considered two issues relating to employees’ meal time periods, holding that employers cannot engage in the practice of rounding time punches and that time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. See Decision.

    Mar 3, 2021 8:08 PM

  • 6th Circuit Court affirms dismissal of lawsuits filed against Twitter users who posted critical statements of highschool students’ behavior at the Lincoln Memorial during the 2019 March for Life rally

    On February 23, the 6th Circuit Court of Appeals affirmed the dismissal of two suits filed against Twitter users who posted tweets relating to a group of high school students' attendance and behavior at the Lincoln Memorial during the 2019 March for Life rally. The Court affirmed the dismissal, citing lack of personal jurisdiction. See Decision.

    Mar 3, 2021 8:06 PM

  • CA Court of Appeals: under the lemon law, manufacturers are not liable for breach of implied warranties where the manufacturer did not offer the used car for sale to the public

    On February 26, the California Court of Appeals clarified that under the lemon law, only distributors and retail sellers, not manufacturers, are liable for breach of implied warranties in the sale of a used car where the manufacturer did not offer the used car for sale to the public. See Decision.

    Mar 3, 2021 8:05 PM

  • DHS announces principles of the Family Reunification Task Force

    On March 1, the U.S. Department of Homeland Security (DHS) announced the principles of the Family Reunification Task Force. The task force seeks to identify children who were separated from their families at the United States-Mexico border and facilitate the reunification of each child with their family. See Press Release.

    Mar 3, 2021 8:04 PM

  • TX governor lifts mask mandate

    On March 2, the governor of Texas issued an Executive Order (GA-34) lifting the mask mandate in Texas and increasing the capacity of all businesses and facilities in the state to 100 percent. See Press Release.

    Mar 3, 2021 8:04 PM

  • 2nd Circuit Court denies petition for rehearing suit claiming prohibition on hiring convicted felons had a discriminatory impact on black job applicants

    On February 23, the 2nd Circuit Court of Appeals denied a petition for rehearing en banc in a suit claiming that a company’s prohibition on hiring convicted felons had a discriminatory impact on black job applicants. See Decision.

    Mar 3, 2021 8:03 PM

  • ESMA consults on draft technical standards under the ECSP Regulation

    On 26 February 2021, the European Securities and Markets Authority (ESMA) issued a consultation document on draft technical standards on crowdfunding under the European crowdfunding service providers regulation (ECSPR). The ECSPR was published in the Official Journal of the European Union on 20 October 2020. The ECSPR requires ESMA to submit draft regulatory technical standards... (See Article)

    Mar 3, 2021 7:34 PM

  • COVID-19 Insurance Issues To Watch In Civil Law Countries

    A recent judgment from a court of appeal in Spain shows that the outcome of coverage disputes over COVID-19 business interruption losses in civil law jurisdictions may be different from what would be expected in a common law country. The decision raises some important issues for international insurers and reinsurers to consider, particularly those based in the U.S. or other common law jurisdictions, who may not be familiar with the civil law principles applied by the court. Originally published on Insurance Law360 - March 2, 2021. (See Article)

    Mar 3, 2021 7:33 PM

  • Food and Drug Administration Posts Information about PFAS in Cosmetics for the First Time

    Last week, the FDA posted information about per- and polyfluoroalkyl substances, commonly known as PFAS, found in personal care products such as lotions, nail polish, shaving cream, foundation and mascara. PFAS chemicals are often added as ingredients in cosmetics to condition and smooth skin or to impact product consistency and texture. (See Article)

    Mar 3, 2021 7:33 PM

  • Changes to Pay Equity Law Are Coming: It’s Time to Consider Auditing Your Pay Practices

    Amidst all of the promises and actions taken by the Biden Administration, the topic of pay equity is gaining more and more attention. While there has been growing momentum on the issue for years now, the Biden Administration is making it clear that that momentum will materialize into actual changes in the law on the federal front. As such, it is critical that commercial businesses and federal contractors take proactive measures now, including conducting proactive pay analyses with legal counsel, in an effort to prepare for the changing landscape on pay equity. (See Article)

    Mar 3, 2021 7:33 PM

  • Tales from Title IX Risk Management: Non-Linear Problem-Solving

    The Title IX risk management space is complex and ever-changing. As such, TNG and ATIXA continue to leverage a non-linear approach to problem-solving to provide the best possible outcomes for our clients and members. (See Article)

    Mar 3, 2021 7:33 PM

  • Last Minute Guidance About COBRA and Other Deadlines

    The DOL issued Disaster Relief Notice 2021-01 this past Friday about different deadlines that were extended last year due to COVID from March 1, 2020 through February 28, 2021. The deadlines were extended for COBRA election notices, COBRA elections, COBRA premium payments, special mid-year health care enrollments, and some claims and appeals deadlines. (See Article)

    Mar 3, 2021 7:33 PM

  • Spring Cleaning For Virginia Community Associations Top 10 Policies and Procedures

    The pandemic that took hold in 2020 created uncertainty and required community associations to adapt to new norms and its policies and procedures.  The country looked forward to a new year with new hope.  A new year usually brings resolutions.  With Spring around the corner and… (See Article)

    Mar 3, 2021 7:33 PM

  • Top Ten Tips for Seeking Enforcement Discretion and Preserving a Weather Disaster Force Majeure Affirmative Defense before the TCEQ

    The Texas Commission on Environmental Quality (TCEQ) has taken various actions and posted guidance to help regulated entities address operational issues and environmental noncompliance that resulted from power outages, water supply disruptions, and other weather-triggered challenges from the extended period of sub-freezing temperatures throughout Texas in February 2021. Along with other actions, the Commission obtained approval from the Governor, per the Governor’s February 12 disaster Proclamation, for the suspension of specified TCEQ rules; and obtained from the U.S. Environmental Protection Agency temporary fuel waivers for Texas Low Emission Diesel (TxLED) Program requirements applicable in 110 Texas counties, and the oxygenated gasoline requirements applicable in El Paso County. (See Article)

    Mar 3, 2021 7:33 PM

  • Commercial Real Estate—Is the Future Now?

    George Allen, the former coach of the Washington Football Team (then known as something else), lived by the mantra “the future is now.” He was intolerant of coaches and team owners who subscribed to “five-year plans.” One commentator derided the philosophy of acquiring experienced players who could help the team win immediately, by trading draft picks to other teams, as “mortgaging the future.” (See Article)

    Mar 3, 2021 7:33 PM

  • Business Succession Planning – Should I Own My Business In A Trust?

    Closely-held businesses come in all shapes and sizes. Some owners own 100% of their businesses. Some have partners. Some have children in the business. Some do not. A common question that a client asks the business and tax planning professional is, “Should I own my business in a trust?” There are, of course, many nuances to this question, and every situation is different... (See Article)

    Mar 3, 2021 7:33 PM

  • Massachusetts Enacts Telehealth Bill That Signals Further Expansion Of Telehealth Services In The Commonwealth

    Massachusetts began this year by enacting comprehensive health care legislation that will have a lasting impact on the provision of telehealth within the Commonwealth. Massachusetts had previously expanded the use of telehealth through an emergency order at the start of the COVID-19 public health emergency, and required insurers to immediately cover the provision of telehealth services to ensure Massachusetts patients received some continuity of health care services when it was not safe to provide those services in person... (See Article)

    Mar 3, 2021 7:33 PM

  • The Future of Timeclock Rounding Policies: Dead on Arrival

    Last week, in Donohue v. AMN Services, LLC, the California Supreme Court handed down a very important, if unsurprising, decision regarding wage and hour class actions. There are three critically important takeaways for employers... (See Article)

    Mar 3, 2021 7:33 PM

  • U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides In Bitmanagement

    The Federal Circuit handed a substantial victory to Bitmanagement Software GMBH last week, finding the U.S. Navy had infringed the company’s copyright by installing its three-dimensional visualization software on hundreds of thousands of government computers without using license-tracking software to monitor and limit the number of simultaneous users... (See Article)

    Mar 3, 2021 7:33 PM

  • Delaware Supreme Court Confirms that Buyer and Sellers Can Allocate the Risk of Non-Intentional Fraud

    In Express Scripts, Inc., et al. v. Bracket Holdings Corp., the Delaware Supreme Court, sitting en banc, reversed and remanded the decision of the Delaware Superior Court, holding unanimously that (i) although common law fraud encompasses reckless misrepresentations, a contractual limitation of liability to “deliberate fraud” does not extend to reckless conduct, and (ii) parties can agree to limit the remedies for breaches of representations or warranties absent “deliberate fraud.” (See Article)

    Mar 3, 2021 7:33 PM

  • Toy Meets World: IP Strategies for the Toy Industry

    When it comes to patents, toys typically are not top of mind like a mobile device or pharmaceutical product might be. Although a toy may appear simple, the product itself can be iconic and lucrative. But, as in most industries, innovation in the toy arena is generally tied to marginal improvements. (See Article)

    Mar 3, 2021 7:33 PM

  • Eaze Criminal Case Underscores the Importance of Transparency in Cannabis Cashless Payment Transactions

    This week, federal prosecutors in the Southern District of New York will try their case against Defendants Ruben Weigand and Hamid “Ray” Akhavan for one count each of bank fraud in violation of 18 U.S.C. § 1349 related to the purchase of marijuana through Eaze, a California cannabis delivery platform. Specifically, the indictment alleges that Defendants Weigand and Akhavan – along with co-conspirators – created a transaction laundering scheme that facilitated over $100 million of credit and debit card payments to licensed cannabis operators by disguising the transactions to appear as if they were unrelated to cannabis. Prosecutors allege that the scheme was executed due to the fact that most banks are unwilling to facilitate electronic payment transactions related to cannabis, even if those transactions are legal under state law. (See Article)

    Mar 3, 2021 7:33 PM

  • Resurrecting EEO-1 Component 2: California Mandates Pay Data Reporting by March 31

    As part of its continuing efforts to combat pay discrimination, California enacted a new pay data reporting law at the end of 2020. The law requires certain employers to submit annual reports to the California Department of Fair Employment and Housing (DFEH), detailing their California employees’ yearly compensation and hours worked based on job category, race, ethnicity, and gender classifications. Pay data reports for the 2020 reporting year are due on March 31, 2021. Employers who will be subject to these reporting requirements should ensure they understand and collect the information needed to complete the report on time. (See Article)

    Mar 3, 2021 7:33 PM

  • If I Could Turn Back Time… And Then Add a Year

    Last October, Brenda Berg posted a blog titled “I’m Just Waiting on an… End to the Extended ERISA Deadline Periods.” In that blog, Brenda explained that the IRS and DOL extended certain deadlines applicable to retirement plans and health and welfare plans. (See Article)

    Mar 3, 2021 7:33 PM

  • Virginia Becomes Second State To Enact Comprehensive Data Protection Law

    Virginia has now become the second state in the United States to pass a comprehensive data privacy law. The Virginia Consumer Data Protection Act (“CDPA”), which passed in the Virginia House of Representatives (89-9) and Senate (39-0), and was signed into law by Governor Ralph Northam on March 2, 2021. The bill will now take effect January 1, 2023 – the same day as the newly enacted California Privacy Rights Act (“CPRA”). (See Article)

    Mar 3, 2021 7:33 PM

  • IRS Clarifies PPP Loans, Retention Credit Wage Reporting Rules

    On March 1, the Internal Revenue Service (IRS) issued Notice 2021-20, which provides updated guidance on the Employee Retention Tax Credit (ERTC) as it applies before Jan. 1, 2021. The ERTC was first enacted on March 27, 2020, pursuant to Sec. 2301 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). It provided eligible employers with a refundable tax credit up to $5,000 per employee, for qualified wages paid from March 13, 2020, through Dec. 31, 2020. The provision was extended and expanded by Secs. 206 and 207 of the Consolidated Appropriations Act of 2021 (CAA), which was signed into law Dec. 27, 2020. (See Article)

    Mar 3, 2021 7:33 PM

  • Vet, with aid from Congress, forces VA to increase disclosures in malpractice cases

    Congress has given U.S. service personnel slightly improved help if they find they have been harmed while receiving military medical care and want to pursue justice via legal actions. (See Article)

    Mar 3, 2021 7:33 PM

  • With Supreme Court Privacy Case Pending, Silicon Valley Weighs In

    On March 30, the Supreme Court of the United States will hear oral arguments in TransUnion LLC v. Ramirez. This case marks the first time the Court will address the residual question in Spokeo, Inc. v. Robins — what about class actions? As in Spokeo, TransUnion will wrestle both with the harms produced through noncompliance… (See Article)

    Mar 3, 2021 7:33 PM