Code of Federal Regulations

  • Supremes: You Can’t Hurry Love Or Constitutionality of ACA

    In the 1960’s, the Supremes sang, “You can’t hurry love.”  Apparently, the U.S. Supreme Court now feels the same way about the constitutionality of  the Affordable Care Act (ACA), also known as Obamacare.  On January 21, 2020, the High Court decided not to hurry the decision of whether to hear a case appealing a decision... (See Article)

    Jan 29, 2020 9:48 AM

  • A Marriage of Convenience? EEOC Continues To Push Non-Competitive Transfer as Reasonable Accommodation

    It is a truth universally acknowledged that an employee unable to perform the essential functions of his/her job must be in want of a transfer. And it is also quite clear under the Americans with Disabilities Act that the employer must consider a transfer or reassignment to a vacant position as a reasonable accommodation. What is... (See Article)

    Jan 29, 2020 9:48 AM

  • Calif. Enacts Expansive Protections for Breastfeeding Employees

    On the heels of a new federal law requiring certain public federal buildings to provide lactation spaces, California has enacted one of the most expansive sets of protections for breastfeeding employees in the country. The California law which became effective January 1, 2020, includes provisions regarding break time, policy requirements, and specifications regarding the lactation... (See Article)

    Jan 29, 2020 9:48 AM

  • What does it mean to be in a union?

    We often get contacted by employees who are members of unions and employers looking to better understand the pros/cons when faced with unionization. What does it mean to be in a union? Collective Agreement vs. a Contract One big difference between unionized and non-unionized employees is that the employment relationship with the employer is governed... (See Article)

    Jan 29, 2020 9:48 AM

  • Opinion Piece Suggests Bias

    So, what did Mr. Brodesky do when he considered Confederate memorials and what should be done with them? I previously wrote about his opinion piece here. He contacted this author. He interviewed me. He met with the ladies he mentions in his April 20 piece and listened and watched their slide show. The slide show... (See Article)

    Jan 29, 2020 9:48 AM

  • Prenups 101: What You Need to Know About Prenuptial Agreements in Minnesota

    You’re excited to walk down the aisle and begin a new life with your sweetheart. You’re also, however, intent on protecting the legacy you’ve worked so hard to create. You may be the perfect candidate for a prenuptial agreement. This legal document provides valuable protection in the event of divorce. It does notmean that you... (See Article)

    Jan 29, 2020 9:48 AM

  • Artificial Intelligence, Risk Disclosures, and a New SEC Materiality Test

    When Microsoft shared in 2018 that certain “deficiencies” surrounding its artificial intelligence practices could “subject[] us to competitive harm, legal liability, and brand or reputational harm,” it set the stage for other companies to self-report perceived risks associated with developing, using and producing AI technologies. Disclosing risks–a Securities and Exchange Commission (SEC) requirement imposed on... (See Article)

    Jan 29, 2020 9:48 AM

  • Plan Ahead for Project Challenges in 2020

    In the event of a near-term slowdown in the U.S. economy, analysts forecast that any resulting decline in construction starts will nevertheless leave the level of activity in that industry sector “close to recent highs.” As a result, project owners and general contractors already facing a strong demand for workers will continue to do so,... (See Article)

    Jan 29, 2020 9:48 AM

  • Department of Justice Opines that Commerce Does Not Have to Release Section 232 Report on Imports of Automobiles and Automotive Parts

    In a Memorandum Opinion for the Deputy Counsel to President Donald Trump, the Department of Justice’s Office of Legal Counsel (DOJ) determined that “the President may direct the Secretary of Commerce not to publish a confidential report to the President under Section 232 of the Trade Expansion Act of 1962, notwithstanding a recently enacted statute... (See Article)

    Jan 29, 2020 9:48 AM

  • Obligations of confidence & communications with the solicitors for opposing party in litigation

    Although not a medical negligence claim, Crown Resorts Limited v Zantran Pty Limited [2020] FCAFC 1 (available on JADE) is a useful appellate consideration of the issue of express obligations of confidence allegedly preventing voluntary communications with the solicitors for opposing party in litigation. The discussion included an analysis of Richards v Kadian 64 NSWLR 204,... (See Article)

    Jan 29, 2020 9:48 AM

  • A $1.74 million FRSA Judgment

    When BNSF track inspector Brandon Fresquez refused to falsify reports of track defect repairs, he was terminated for insubordination. In another example of the transformative power of the FRSA, a federal jury and judge have ordered BNSF Railway to pay Fresquez $1.74 million, including $800,000 in emotional distress, $250,000 in punitive damages, and $696,173 in... (See Article)

    Jan 29, 2020 9:48 AM

  • New Immigration Court Statistics: The Good, The Bad, and The Unknown

    The latest data on asylum grant rates in Immigration Court is out, and as expected, the news is not great. Overall asylum grant rates in court continued to decline in FY 2019, but the news is not all bad. Courts adjudicated a record number of asylum cases this past year: 67,406, up from 42,224 last... (See Article)

    Jan 29, 2020 9:48 AM

  • The Mid Lane: Esports News – 1/22/20

    The Mid Lane is a rundown of developments in the world of esports. Growth, taxes and malls? An unconventional esports location is dominating the industry news this week. The latest news roundup indicates that all signs point to the continual progression of esports. With the taxable state income of esports players flying under the radar... (See Article)

    Jan 29, 2020 9:48 AM

  • Village Can Bring Nuisance Action Without Separate Prosecution of Ordinance Violations

    The Village of Orion filed a nuisance action against a Village resident after sending notice to the resident alleging a violation of the Village Code provisions prohibiting more than three cats on a property. The notice came after the state had charged the resident with harboring more than 70 cats on her property. The Village... (See Article)

    Jan 29, 2020 9:48 AM

  • Employers Should Start Preparing for Upcoming H-1B Cap

    About UsFoster Garvey’s International practice group comprises a cross-disciplinary group of attorneys practicing in areas ranging from business transactions, immigration, maritime, government regulatory work, transportation and logistics and estate planning. The group members include bilingual and multicultural attorneys who are well-versed in handling these subject matters in a cross-border context. A number of attorneys have been... (See Article)

    Jan 29, 2020 9:48 AM

  • Mississippi Gaming Commission Posts Meeting Minutes for January 2020

    The minutes for the Mississippi Gaming Commission’s meeting held on January 23, 2020, can be reviewed by clicking here. (See Article)

    Jan 29, 2020 9:48 AM

  • Privacy Tip #223 – Navigating Individual Data Privacy in a World with AI

    The same week that the National Institute of Standards and Technology came out with its Privacy Framework [view related post], highlighting how privacy is basically a conundrum, news articles also highlighted a new technology, Clearview AI, that allows someone to snap a picture of anyone walking down the street and instantly find out that person’s... (See Article)

    Jan 29, 2020 9:48 AM

  • Untimely Reservation of Rights Estops Insurer from Denying Coverage

    The United States District Court for the Southern District of New York, applying New Jersey law, has held that an insurer was estopped from denying coverage under a retroactivity provision in an engineering firm’s professional liability policy because the insurer’s reservation of rights, which was issued three years after accepting control of the insured’s defense,... (See Article)

    Jan 29, 2020 9:48 AM

  • CAS Legal Mailbag Question of the Week – 1/22/2020

    Dear Legal Mailbag: Under our teacher contract, requests for leave come first to me as the building principal, and then they go to the assistant superintendent with my recommendation. Yesterday, I got a request that is giving me a headache. A fairly senior teacher put in for three days under the “religious holidays” provision in... (See Article)

    Jan 29, 2020 9:48 AM

  • Environmental Groups Push for New Rules Restricting Emissions From Indirect Sources

    Environmental activist groups recently petitioned the Oregon Environmental Quality Commission (the “EQC”) to enact far-reaching rules that would regulate air emissions from so-called indirect sources in cities and metropolitan districts with populations of 50,000 or more. The petition identifies an indirect source as any facility, building, structure, or installation that attracts mobile sources (vehicles), and... (See Article)

    Jan 29, 2020 9:48 AM

  • How Much is that Motion in the Window?

    The meet and confer process has failed.   Now you have to decide whether (1) you need to bring a Motion to Compel Further Documents because the documents are an integral part of the defense and/or prosecution of your case, or (2) wait for trial and make a motion in limine to exclude the documents categorically... (See Article)

    Jan 29, 2020 9:48 AM

  • Protecting Your Most Valuable Assets: How to Identify and Maintain Your Institution’s Trade Secrets

    An institution’s trade secrets generally include confidential information with commercial value.  Trade secret protection may be available by common law, under state laws, or under federal law.  In addition, there may be both civil and criminal causes of action for the misappropriation and theft of trade secrets. For instance, the Defend Trade Secrets Act of... (See Article)

    Jan 29, 2020 9:48 AM

  • The Benefits of Title Insurance in a Real Estate Transaction

    Title insurance is a type of insurance policy designed to protect both homeowner and lenders from potential financial losses that could arise from covered defects in the title to real estate. The following is a quick overview of how it benefits both homeowners and lenders alike, and why it’s worth including as part of your... (See Article)

    Jan 29, 2020 9:48 AM

  • Here are Ten Problems with Your FMLA Policy and Suggestions on How You Fix Them

    Jingle Bells is now a faint memory. Three weeks into 2020, we’ve made and already broken our New Year’s resolutions. Is it a new decade, or is it not? Who knows and who cares, right? Whether or not you’ve broken that New Year’s resolution, the turn of the calendar is the perfect opportunity to update... (See Article)

    Jan 29, 2020 9:48 AM

  • Man Goes Overboard From Oasis of the Seas

    The U.S. Coast Guard states that it is searching this evening for a person who went overboard this evening from Royal Caribbean’s Oasis of the Seas which was moored at port (at Pier 3) in Old Juan, Puerto Rico. Cruceros Puerto Rico initially reported on the incident, and published a number of photographs of the... (See Article)

    Jan 29, 2020 9:48 AM

  • CFIUS Issues Final FIRRMA Regulations

    On January 13, 2020, the U.S. Treasury Department promulgated its final regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) to reform the authority and jurisdiction of the Committee on Foreign Investment in the United States (CFIUS). The final regulations were released in two parts: one addressing investments in U.S. businesses by... (See Article)

    Jan 29, 2020 9:48 AM

  • The Geek in Review Ep. 65 – Matt Sunbulli on Fishbowl’s Entry into the Legal Industry Social Media Space

    The social media platform Fishbowl is designed to create an anonymous but verified space for professionals to socialize with others in the same profession. CEO and co-founder Matt Sunbulli joins us this week to talk about FIshbowl’s entry into the legal industry social media space. It’s been about eight weeks, but there is already a... (See Article)

    Jan 29, 2020 9:48 AM

  • ICE Makes Worksite Visits to Employers With International Student Employees on STEM OPT

    The U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) officers are visiting workplaces to check on the student employees who are in their Science, Technology, Engineering, and Math (STEM) Optional Practical Training (OPT). Universities are cautioning their students of such visits from ICE. Massachusetts Institute of Technology was the latest among the... (See Article)

    Jan 29, 2020 9:48 AM

  • CFTC Issues No-Action Letters to Smooth the Road Away from the IBORs

    On December 17, 2019, three different divisions of the Commodity Futures Trading Commission (“CFTC”) issued no-action letters intended to facilitate the swaps market’s transition away from interbank offered rates (each, an “IBOR”) and toward alternative benchmarks. The letters responded to requests for relief made by the Alternative Reference Rates Committee (the “ARRC”), the group convened by... (See Article)

    Jan 29, 2020 9:48 AM

  • Is Willfulness a Prerequisite to Trademark Damages? SCOTUS Hears Oral Argument

    On January 14, 2020, the Supreme Court heard oral argument in Romag Fasteners, Inc. v. Fossil Inc., et al., in which the Court is poised to resolve a circuit split on whether willfulness is a prerequisite to award a trademark infringer’s profits.   Counsel for Romag framed the issue by negating defendant’s chief textual argument,... (See Article)

    Jan 29, 2020 9:48 AM