Code of Federal Regulations

  • NY AG files complaint alleging pervasive use of excessive force by NYPD throughout protests held from May to December 2020

    On January 14, the Attorney General of New York filed a complaint alleging the pervasive use of excessive force and false arrests by the New York City Police Department (NYPD) against New Yorkers in suppressing ‘overwhelmingly peaceful protests’ from May 2020 to December 2020. See Complaint.

    Jan 19, 2021 12:10 AM

  • BOP announces temporary security measures due to ‘current events occurring around the country’

    On January 16, the Federal Bureau of Prisons (BOP) announced that “in light of current events occurring around the country, and out of an abundance of caution, the decision has been made to secure all institutions.” See Press Release.

    Jan 19, 2021 12:09 AM

  • 7th Circuit Court: Indiana SORA requirement that out of state offenders who move to Indiana when the would not have otherwise been required to do so if they had always been in-state is unconstitutional

    On January 6, the 7th Circuit Court of Appeals upheld the district court’s finding that Indiana's Sex Offender Registration Act (SORA) requirement that out of state offenders who move to Indiana after the enactment of SORA must register even if would not have been required to do so had they committed their crimes as residents of Indiana prior to the enactment of the relevant portions of SORA and maintained citizenship there is unconstitutional. See Decision.

    Jan 19, 2021 12:08 AM

  • U.S. Supreme Court: mere retention of estate property after the filing of a bankruptcy petition does not violate §362(a)(3) of the Bankruptcy Code

    On January 14, the U.S. Supreme Court held that the “mere retention of estate property after the filing of a bankruptcy petition does not violate §362(a)(3) of the Bankruptcy Code.” In this case, the respondent challenged Chicago’s refusal to return an impounded vehicle for failure to pay fines for motor vehicle infractions after the respondent had filed a bankruptcy petition. See Decision.

    Jan 19, 2021 12:07 AM

  • OH Supreme Court: indigent parents are entitled to counsel in adoption proceedings in probate court as a matter of equal protection of the law

    On December 22, the Supreme Court of Ohio held that “R.C. 2151.352 is unconstitutionally underinclusive as applied to indigent parents facing the loss of their parental rights in probate court.” As such, the Court declared that “indigent parents are entitled to counsel in adoption proceedings in probate court as a matter of equal protection of the law under the Fourteenth Amendment to the United States Constitution and Article I, Section 2 of the Ohio Constitution.” See Decision.

    Jan 19, 2021 12:05 AM

  • U.S. DOJ continues to investigate and make arrests related to the violence in the U.S. Capitol on January 6

    The U.S. Department of Justice continues to investigate and make arrests related to the violence in the U.S. Capitol on January 6. This includes several arrests made as recent as January 18 for “Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority” among other charges. See Investigation List.

    Jan 19, 2021 12:04 AM

  • U.S. Department of Treasury announces sanctions against Cuban Minister of Interior

    On January 15, the U.S. Department of Treasury announced sanctions against the Cuban Ministry of Interior and the Minister of Interior, Lazaro Alberto Álvarez Casas, for serious human rights abuse. See Press Release.

    Jan 19, 2021 12:04 AM

  • Fish and Wildlife Service publishes final rule removing more than 3 million acres of protected land for the northern spotted owl

    On January 15, the Fish and Wildlife Service published a final rule revising the designation of critical habitat for the northern spotted owl under the Endangered Species Act by excluding approximately 3,472,064 acres. See Rule.

    Jan 19, 2021 12:03 AM

  • Non-performing loans: vote on EU rules for selling NPLs to third parties

    On 14 January 2021, the European Parliament announced that its Economic and Monetary Affairs Committee (ECON) had agreed on the text of the draft Directive on credit servicers, credit purchasers and the recovery of collateral. The ECON MEPs have also agreed to start negotiations with the Council and the European Commission on the draft text.... (See Article)

    Jan 18, 2021 7:33 PM

  • Emergency Directives from Chief Justice Paul Newby

    On Jan. 14, N.C. Chief Justice Paul Newby issued emergency directives on COVID-19 which are effective immediately. The new order replaces the order issued on Dec. 14, 2020. (See Article)

    Jan 18, 2021 7:32 PM

  • Trump Administration Finalizes Migratory Bird Rule

    On January 7, 2021, U.S. Fish and Wildlife Service (USFWS) published a final rule limiting the scope of the Migratory Bird Treaty Act (MBTA)’s prohibition on the take of migratory birds. (See Article)

    Jan 18, 2021 7:32 PM

  • Virginia Implements Permanent Workplace Safety Measures in Response to COVID-19

    On January 13, 2021, the Virginia Safety and Health Codes Board (VSHCB) approved a measure implementing permanent workplace safety measures in response to COVID-19. (See Article)

    Jan 18, 2021 7:32 PM

  • Naming Beneficiaries On Financial Accounts: Advantages And Disadvantages

    More and more, people are being advised to add “transfer on death” designations to their non-IRA brokerage assets. This increasingly popular tool has both benefits as well as detractions and is best used only in certain circumstances. Our alert below provides an overview of the designations and explores how and when they can be used most effectively... (See Article)

    Jan 18, 2021 7:32 PM

  • Implementing Best Practices in 2021 and Beyond: Eric Chase's Legal Audit Checklist for Auto Dealers

    Updated every year, this checklist is a suggested guide for all automotive dealers (1) to use in their ongoing efforts to assure their files and operations are current in matters of legal importance; (2) to provide reminders for ongoing and periodic legal requirements; (3) to assist dealers in their regulatory compliance tasks; (4) to have a simple, handy way of auditing their current legal "health;" and (5) to trigger timely and necessary action(s) that might otherwise be overlooked. The checklist does not constitute legal advice. Please see full List below for more information. (See Article)

    Jan 18, 2021 7:32 PM

  • North Carolina General Assembly Week in Review - January 2021 #1

    This week, Governor Roy Cooper announced that the state is considering expanding the number of people eligible to receive a COVID-19 vaccine. With new federal guidelines in place, North Carolinians 65 and older and adults under 65 with pre-existing conditions would be eligible to receive the vaccine. The change comes as North Carolina has experienced a slow vaccine rollout for a variety of reasons. Gov. Cooper, along with, Department of Health and Human Services Secretary Dr. Mandy Cohen, urged North Carolinians to remain vigilant as cases across the state continue to rise rapidly. (See Article)

    Jan 18, 2021 7:32 PM

  • Political Speech in the Workplace: Navigating a Rocky Political Climate in a Private Workplace

    Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the workplace. Whether or not employers can - or should - take action in response to employee political speech is a complex question with several moving parts. (See Article)

    Jan 18, 2021 7:32 PM

  • Cannabis Client Alert - January 2021 #2

    In this week’s edition - - Democratic control of Senate may accelerate cannabis legislation - Connecticut Governor Lamont plans to work with lawmakers to legalize cannabis in 2021 - Cannabis sales in Illinois exceed $1 billion in first year of full legalization - Michigan Marijuana Regulatory Agency issues guidance on approval process for producing cannabis-infused beverages - Ahead of $110 million IPO, Florida federal judge dismisses consolidated proposed shareholder class action against Greenlane Holdings - Dentons partner Eric Berlin to be panelist on “Cannabis Industry Outlook 2021” webcast, to be live-streamed on January 21 - And more… (See Article)

    Jan 18, 2021 7:32 PM

  • Delaware Supreme Court Finds that Court of Chancery Had Jurisdiction To Enjoin a Collateral Attack on a Prior Arbitration Award Under the Federal Arbitration Act

    Gulf LNG Energy, LLC v. ENI USA Gas Mktg., LLC, No. 22, 2020 (Del. Nov. 17, 2020) - This decision confirms that the Court of Chancery has jurisdiction to enjoin a collateral attack on a prior arbitration award. The Delaware Supreme Court also reasons that the determination of whether a second arbitration collaterally attacks a prior arbitration does not depend on the res judicata or collateral estoppel effect of claims raised or decided in the prior arbitration, but rather whether the claimant asserts irregularities in the prior arbitration or seeks to rectify the harm it suffered, which are issues subject to exclusive review under the post-award procedure in the Federal Arbitration Act (“FAA”). (See Article)

    Jan 18, 2021 7:32 PM

  • Congress Permits SBA to Make PPP Loans to Debtors in Bankruptcy, SBA Says "No"

    In June and December of 2020, Miller Canfield reported that the Fifth and Eleventh Circuits had held that the Small Business Administration ("SBA") may exclude debtors in bankruptcy from consideration for Paycheck Protection Program ("PPP") loans, albeit for differing reasons. The recent Consolidated Appropriations Act, 2021 ("CAA"), signed into law on December 27, 2020, could have changed that. (See Article)

    Jan 18, 2021 7:32 PM

  • How Did I Not See This Coming? Retroactive Application of Dynamex

    On January 14, 2021, the California Supreme Court held that the ABC Test, as articulated in Dynamex, applies retroactively to claims under California’s Industrial Welfare Commission Wage Orders. (See Article)

    Jan 18, 2021 7:32 PM

  • Consolidated Appropriations Act: An Outline of the Benefits Provisions

    The Consolidated Appropriations Act was signed into law on December 27, 2020, and provides various types of financial relief during the pandemic. Below is an outline of financial relief for employees and individuals covered under medical and other benefit plans. (See Article)

    Jan 18, 2021 7:32 PM

  • D.C. Mayor Signs Non-Compete Ban, Dramatically Alters Competitive Landscape

    Late in December 2020, the District of Columbia Council passed legislation titled, “Ban on Non-Compete Agreements Amendment Act of 2020” (the “Act”), barring the use of non-compete agreements and workplace policies that restrict D.C. employees from competing with their employers after, and even during, employment. This week, the Mayor signed the law. Barring an unlikely intervention by Congress (which has authority to review legislation passed by the D.C. Council), the law will take effect after the 30-day Congressional review period. (See Article)

    Jan 18, 2021 7:32 PM

  • Congress Expands the SEC’s Disgorgement Powers…In a Defense Spending Bill

    Sometimes, the important things are in the fine print. That is the lesson to the securities defense bar, when a sweeping change to the SEC’s disgorgement powers is taking effect after being authorized in section 6501, contained on page 1,238, of the National Defense Authorization Act (“NDAA”) that passed in December over a presidential veto. (See Article)

    Jan 18, 2021 7:32 PM

  • United States Bans Cotton and Tomato Products from Xinjiang Citing Human Rights Violations

    On January 13, 2021, U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS) issued a withhold release order (WRO), effective immediately, to detain cotton and tomato products from China’s Xinjiang Uyghur Autonomous Region (XUAR) at all U.S. ports of entry. The WRO applies to direct shipments from China, as well as goods shipped from other countries that contain cotton and tomatoes originating from the XUAR. CBP cited various forced labor indicators against ethnic minorities in the XUAR in making its decision to issue the WRO, invoking its authority to prohibit goods produced by forced labor under 19 U.S.C. § 1307. (See Article)

    Jan 18, 2021 7:32 PM

  • IRS Expands The IP PIN Opt-In Program: A Key To Protect Your Identity

    The Internal Revenue Service (IRS) expanded the Identity Protection PIN Opt-In Program to all taxpayers who can verify their identities. Up until now the IRS provided an Identity Protection PIN Opt-In Program IP six-digit number only to confirmed identity theft victims and (in specific states) to others on a voluntary basis... (See Article)

    Jan 18, 2021 7:32 PM

  • Trial Practice In The Time of COVID-19: WCAB Addresses Objections to Virtual Witness Testimony

    As we approach the one year anniversary of the COVID-19 pandemic and corresponding shutdowns, we continue to see some of the provisions set forth in the Governor’s Executive Orders gaining support and permanency via statute and case law decisions. The latest development came through the January 12, 2021 Significant Panel Decision of Limin Gao v. Chevron Corp. (ADJ10024232), which addressed Executive Order N-63-20 and objections to electronic testimony at trial. The Board agreed that the Workers’ Compensation Judge violated the applicant’s due process rights when the Judge continued a trial indefinitely for in-person testimony over applicant’s objection. We have provided a brief summary of the Board’s decision and reasoning below, along with our analysis of the potential legal implications for workers’ compensation practice and some tips for moving forward. Please see full Article below for more information. (See Article)

    Jan 18, 2021 7:32 PM

  • SEC Modernizes Investment Adviser Marketing and Solicitation Rules

    On December 22, 2020, the SEC created a new merged rule (Marketing Rule) that replaces two rules under the Advisers Act, rule 206(4)-1 (Marketing Rule), originally adopted in 1961, and rule 206(4)-3 (Solicitation Rule), originally adopted in 1979. (See Article)

    Jan 18, 2021 7:32 PM

  • California Supreme Court Holds Dynamex ABC Test Applies Retroactively

    On Thursday, the California Supreme Court ruled that California’s “ABC” test for determining independent contractor status applies retroactively. As a result, employers may be held to a standard not even in effect at the time they made worker classification decisions. (See Article)

    Jan 18, 2021 7:32 PM

  • Governor Cuomo Proposes Legalization of Recreational Marijuana

    Governor Cuomo has announced a proposal to legalize cannabis in New York state, designed to create regulatory oversight of adult recreational use and generate an additional source of tax revenue. The Governor’s proposal establishes an Office of Cannabis Management to oversee and regulate an adult-use cannabis program in addition to the state’s existing medical and cannabinoid hemp programs... (See Article)

    Jan 18, 2021 7:32 PM

  • In Case You Missed It: Launch Links - January 2021 #2

    Some interesting links we found across the web this week: Trump Administration Increases Salary Requirements for H-1B Visa Holders - The Trump Administration has recently promulgated a new rule increasing the prevailing wages which must be paid to holders of H-1B visas for highly skilled foreign workers. (See Article)

    Jan 18, 2021 7:32 PM