Code of Federal Regulations

  • 9th Circuit Court: where law enforcement officers are asked to assist in the execution of an administrative warrant, they violate the 4th Amendment when their primary purposes is to gather criminal evidence rather than assist inspectors

    On May 27, the 9th Circuit Court of Appeals held that where “law enforcement officers are asked to assist in the execution of an administrative warrant authorizing the inspection of a private residence, they violate the Fourth Amendment when their "primary purpose" in executing the warrant is to gather evidence in support of a criminal investigation rather than to assist the inspectors.” See Decision.

    Jun 4, 2020 12:49 AM

  • 2nd Circuit Court of Appeals: Connecticut conviction for sexual assault in the third degree is an aggravated felony crime of violence

    On May 28, the 2nd Circuit Court of Appeals held that a conviction for sexual assault in the third degree in violation of Connecticut General Statutes § 53a-72a(a)(1) is an aggravated felony crime of violence as defined in 18 U.S.C. § 16(b). See Decision

    Jun 4, 2020 12:47 AM

  • Pandemic Highlights Existing Problems in Nursing Home System

    The rapid spread of the COVID-19 pandemic has led to a growing awareness of systemic disparities across the United States, from small business support to healthcare access. One especially troubling issue centers on care for a particularly vulnerable population: elderly Americans living in assisted care facilities. Across the country, residents and workers alike have been... (See Article)

    Jun 3, 2020 6:33 PM

  • Opportunities for Industry Action in Response to President Trump’s Executive Order Limiting EPA and Other Federal Agency Use of Guidance

    Summary - Stakeholders in the regulated community have a unique but time-limited opportunity to petition the U.S. Environmental Protection Agency (EPA) and other federal agencies to either add or remove specific guidance documents from their respective online portals. The Trump Administration has instructed each agency to ensure that, by June 27, these portals contain all guidance documents currently in effect. Going forward, agencies may not cite, use, or rely on any guidance that is not posted in their portals, except to establish historical facts. (See Article)

    Jun 3, 2020 6:32 PM

  • The Child Victims Act Has Been Extended – What Should You Be Doing Now?

    As communities struggled to cope with the fallout, the COVID-19 Pandemic ushered in a new era of government action.  Since the COVID-19 crisis began, Governor Cuomo has exercised his Executive Powers with broad and far reaching effect. (See Article)

    Jun 3, 2020 6:32 PM

  • S.A.L.T. Select Developments – Tax Payment and Return Filing Responsibilities, Supplement #6

    COVID-19 is tragically impacting our health as well as irrevocably altering much of our way of life. Health remains our first priority. We continue to monitor various state reactions to this pandemic for purposes of understanding short-term tax and tax return responsibilities. (See Article)

    Jun 3, 2020 6:32 PM

  • Key Elements to Successful Out-of-Court Restructurings

    APPROACHES TO RESTRUCTURING - The art of restructuring requires a feel for the right approach fitted to the situation of each distressed borrower. Here are some of the approaches a borrower might take in negotiations... (See Article)

    Jun 3, 2020 6:32 PM

  • Insurance Coverage For COVID-19 Claims Under CGL Policies

    As businesses and offices begin to reopen to the public, there may be a spike in lawsuits brought against companies by their customers, clients, vendors and others who claim to have contracted COVID-19 on the companies’ premises... (See Article)

    Jun 3, 2020 6:32 PM

  • Top 10 Action Items for Contractors Reopening Their Offices

    During the COVID-19 pandemic the construction industry has, for the most part, been able to continue field operations on existing projects. Of course, regulations have varied from state to state, and in some regions operations have been restricted or curtailed. (See Article)

    Jun 3, 2020 6:32 PM

  • Premium Processing Is Phasing Back In

    Yesterday the U.S. Citizenship and Immigration Services began phasing back in premium processing for eligible Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers. Premium processing allows eligible applicants to pay an additional $1,440 filing fee to obtain an adjudication in 15 calendar days. Premium processing was suspended on March 20 because of the COVID-19 pandemic... (See Article)

    Jun 3, 2020 6:32 PM

  • SEC Adopts Amendments To Financial Disclosure Requirements For Acquisitions And Dispositions

    On May 20, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments to the financial statement and other disclosure requirements related to acquisitions and dispositions of businesses, including real estate operations. The amendments will be effective on January 1, 2021; however, the SEC is permitting voluntary compliance before that date... (See Article)

    Jun 3, 2020 6:32 PM

  • EPA Announces the Issuance of an Advisory on Disinfectants Making False and Misleading Claims against COVID-19

    On June 1, 2020, the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) announced that it issued a compliance advisory on products claiming to kill SARS-CoV-2, the novel coronavirus that causes COVID-19. (See Article)

    Jun 3, 2020 6:32 PM

  • MarkIt to Market® - May 2020: Banana and Pencil: A Tale of Two Circuits

    Three years ago, the Supreme Court announced a seemingly simple separability test for determining whether features of a useful article are eligible for copyright protection in the landmark decision Star Athletica v. Varsity Brands, 137 S. Ct. 1002 (2017). Under that test, a “feature incorporated into the design of a useful article is eligible for copyright protection only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article, and (2) would qualify as a protectable pictorial, graphic, or sculptural work—either on its own or fixed in some other tangible medium of expression—if it were imagined separately from the useful article into whic (See Article)

    Jun 3, 2020 6:32 PM

  • Chancery Dismisses Fraud, Misrepresentation and Mistake Claims Based on Anti-Reliance Provisions

    Midcap Funding X Trust v. Graebel Companies, Inc., C.A. No. 2018-0312-MTZ (Del. Ch. Apr. 30, 2020) - The Court of Chancery found on a motion to dismiss that the plaintiffs’ allegations regarding misrepresentations in contractual negotiations were irrelevant due to the contract’s anti-reliance and integration clauses, and that the plaintiffs in the action otherwise were “scouring and stretching” the contract’s plain terms. (See Article)

    Jun 3, 2020 6:32 PM

  • HHS Clarifies June 3, 2020 Deadline for Provider Relief Funds

    Provider relief fund recipients have expressed confusion about the Department of Health & Human Services’ (HHS) publicized June 3, 2020 deadline for submitting certain tax and financial documentation. (See Article)

    Jun 3, 2020 6:32 PM

  • Business Immigration in the Era of COVID-19 Update: Presidential Proclamations, Travel Restrictions, Resumption of Premium Processing and the Reopening of USCIS

    As we reported in our recent information memo, COVID-19 has created an evolving immigration environment. The related federal agencies and the White House have responded with a number of temporary policy and procedural changes to help minimize the spread of the virus in the U.S. and to help employers comply with various laws during this extremely challenging time. It remains essential for employers to maintain immigration compliance during the COVID-19 emergency and to take the steps necessary to maintain the nonimmigrant status and work authorization of their foreign national employees. (See Article)

    Jun 3, 2020 6:32 PM

  • CBP issues withhold release orders

    Report on Supply Chain Compliance 3, no. 11 (May 28, 2020) - U.S. Customs and Border Protection (CBP) issued two withhold release orders in May, one against a seafood vessel and another involving hair products imported from China. The actions show that CBP is actively enforcing the forced labor provision within the Trade Facilitation and Trade Enforcement Act of 2015. (See Article)

    Jun 3, 2020 6:32 PM

  • Tuesday Talk*: The Looting Dilemma

    It’s about as black as black letter law can be: The defense of property is not worth the taking of a human life. Except, of course, the Castle Doctrine, particularly the Texas version which makes the Procaccino flavor taste like it needs salt. To the extent morality comes into play in the law, however, the... (See Article)

    Jun 3, 2020 4:33 PM

  • Defense Of COVID-19 Bodily Injury Litigation In Illinois

    Should we expect bodily injury claims to be made and litigation to be filed in Illinois after “shelter in place orders” are lifted? Probably. It’s Illinois! With fewer car accidents and trip and falls happening during quarantine to keep the plaintiff’s bar busy, there is a good likelihood that there will be some litigation surrounding this novel disease... (See Article)

    Jun 3, 2020 4:32 PM

  • Consumer lender sets aside $21.7 million to settle Foreign Corrupt Practices Act probe

    South Carolina-based consumer lender World Acceptance Corporation announced recently that it had earmarked $21.7 million to resolve a Securities and Exchange Commission (SEC) probe into its compliance with the Foreign Corrupt Practices Act (FCPA). World Acceptance, however, was clear that its discussions with the SEC to resolve the matter remain ongoing. Therefore, as the company... (See Article)

    Jun 3, 2020 2:34 PM

  • Cryptocurrency and digital asset fraud in the Asia-Pacific – how can you mitigate the risk?

    The Asia-Pacific region has a flourishing cryptocurrency and digital-asset ecosystem, but despite comprehensive regulatory frameworks, fraudulent actors continue to exploit cybersecurity and control weaknesses making it vital that businesses have fraud mitigation measures in place. In our recent client alert, we take a detailed look at crypto and digital asset fraud in the region, provide... (See Article)

    Jun 3, 2020 12:34 PM

  • Recent FTC Guidance on the Use of Artificial Intelligence and Algorithms in the Age of COVID-19

    On April 8, 2020, the Federal Trade Commission (FTC) published a blog post titled, “Using Artificial Intelligence and Algorithms,” that offers important lessons about the use of AI and algorithms in automated decision-making. The post begins by noting that headlines today tout rapid improvements in AI technology, and the use of more advanced AI has... (See Article)

    Jun 3, 2020 10:34 AM

  • Top Takeaways: Permissible Provider Collaborations During COVID-19 and Beyond

    If you missed our latest webinar, enjoy the replay below and learn more as we provide highlights on competitor collaborations, avoiding violations in labor markets, provider M&A and partial acquisitions. Competitor Collaborations Antitrust compliance remains an important priority in the US. While companies have been engaged in finding creative solutions to COVID-19 challenges and regulators... (See Article)

    Jun 3, 2020 8:34 AM

  • U.S. State Dept. Fails to Certify Hong Kong’s Autonomy: Signals Potential Change in Trade and Economic Treatment

    On May 27, 2020, the U.S. Secretary of State Michael Pompeo issued a statement that Hong Kong “does not continue to warrant treatment under United States laws in the same manner as U.S. laws were applied to Hong Kong before July 1997.” U.S. relations with Hong Kong are governed by the United States-Hong Kong Policy Act of 1992,... (See Article)

    Jun 3, 2020 8:34 AM

  • Follow-up dairy study shows less Salmonella; wild boar meat rules reviewed

    A follow-up study on Salmonella prevalence among dairy cattle on a Swedish Island has found much lower levels. In late 2019, the National Veterinary Institute (SVA) and Swedish Board of Agriculture (Jordbruksverket), did an anonymous national milk tank survey for antibodies against Salmonella. Milk samples from all the dairy herds tested showed a generally low... (See Article)

    Jun 3, 2020 8:34 AM

  • Legal Update: SEC Amends Business Acquisition and Disposition Disclosure Rules

    On May 21, 2020, the US Securities and Exchange Commission (SEC) adopted amendments (Amended Rules) to financial statement disclosures with respect to business acquisitions and dispositions required by Regulation S-X’s Rule 3-05 (Financial Statements of Businesses Acquired or to be Acquired), Rule 3-14 (Special Instructions for Real Estate Operations to be Acquired), Article 11 on... (See Article)

    Jun 3, 2020 8:34 AM

  • Join us for the Next Women Who Wow Virtual Get-Together on June 4 at 4pm ET

    Please join us for the next Women Who Wow virtual get-together featuring Kerrie Mohr, founder and director at A Good Place Therapy. We will focus on finding coping strategies during this uncertain times and anything else you want to discuss. Kerrie has focused her career on seeking out solutions to individual, family and community problems... (See Article)

    Jun 3, 2020 8:34 AM

  • Seaton: Sheriff Roy and the Health Inspector

    Sheriff Roy Templeton regularly worked a patrol shift despite holding the title of Mud Lick’s top cop. He strongly believed the best way for a cop to serve a community involved maintaining a connection to the people. That belief saw the Sheriff out one Thursday night cruising for any signs of unusual activity. The first... (See Article)

    Jun 3, 2020 8:34 AM

  • Commission adopts Delegated Regulation on revisions to RTS on prudent valuation under CRR

    On 28 May 2020, the European Commission adopted a Delegated Regulation (plus Annex) amending Delegated Regulation (EU) 2016/101 of 26 October 2015 supplementing the Capital Requirements Regulation (CRR) with regard to regulatory technical standards (RTS) for prudent valuation under Article 105(14) of the CRR. The Delegated Act introduces a temporary adjustment aimed at mitigating increases... (See Article)

    Jun 3, 2020 8:34 AM

  • Webinar Recap! COVID-19-Related Consumer Class Action Developments and Trends in California

    In this webinar, Seyfarth attorneys Robert Milligan, Jonathan Braunstein, Daniel Joshua Salinas, and Darren Dummit covered the recent developments in consumer class actions related to COVID-19 in California, explaining the claims and expected defenses, and proactive attempts that companies can employ now to attempt to avoid these suits. As a conclusion to this webinar, we... (See Article)

    Jun 3, 2020 8:34 AM