Code of Federal Regulations

  • U.S. Supreme Court denies application for stay in challenge to Rhode Island consent decree removing the need for witness or a notary in order to vote by mail

    On August 13, the U.S. Supreme Court denied an application for stay seeking to enjoin a consent decree allowing Rhode Island voters to vote by mail without having witnesses or using a notary. See Order.

    Aug 14, 2020 7:10 PM

  • NV governor signs legislation limiting civil liabilities of certain businesses for injury or death relating to COVID-19 under certain circumstances

    On August 11, the governor of Nevada signed legislation limiting the civil liability of certain businesses in the state for personal injury or death resulting from exposure to COVID-19 provided that they comply with minimum health standards and cleanliness. See Legislation.

    Aug 14, 2020 7:09 PM

  • 10th Circuit Court affirms grant of summary judgment in favor of Michaels store in planner copyright claims case

    On August 11, the 10th Circuit Court of Appeals affirmed the district court’s grant of summary judgment in favor of Michaels Stores in a suit alleging copyright and trade dress rights claims. The Court reasoned that “no reasonable juror could conclude that the allegedly infringing aspects of Appellees' organizer are substantially similar to the protected expression in the LifePlanner compilation.” Additionally, the Court agreed with the district court “that EC Design had failed to create a genuine issue of material fact over whether the LifePlanner's trade dress had acquired secondary meaning.” See Decision.

    Aug 14, 2020 7:08 PM

  • U.S. Supreme Court grants application for stay in Oregon redistricting ballot case

    On August 11, the U.S. Supreme Court granted an application for stay in the case of Clarno v. People Not Politicians. This decision will stay the district court’s decision granting preliminary injunctions regarding Oregon’s redistricting ballot. See Order.

    Aug 14, 2020 7:07 PM

  • 9th Circuit Court vacates district court’s judgment against Qualcomm regarding alleged antitrust violations

    On August 11, the 9th Circuit Court of Appeals held that the district court erred in holding that Qualcomm was under an antitrust duty to license rival chip manufacturers. Additionally, the Court held that the FTC did not satisfactorily explain how Qualcomm's alleged breach of its contractual commitment itself impaired the opportunities of rivals. See Decision.

    Aug 14, 2020 7:06 PM

  • Federal judge grants motion to terminate Paramount consent decrees

    On August 7, a federal judge granted the government’s motion to terminate consent decrees, “which ended the motion picture horizontal distributor cartel of the 1930s and 40s and have regulated aspects of the movie industry for the last seventy years.” The Court reasoned that “[b]ecause changes in antitrust law and administration have diminished the importance of the Decrees' restrictions, while still providing protections that will keep the probability of future violations low, the Court finds that termination of the Decrees is in the public interest.” See Decision.

    Aug 14, 2020 7:04 PM

  • NY governor signs legislation requiring all passengers in motor vehicles over the age of 16 to wear a seat belt

    On August 11, the governor of New York signed legislation requiring all passengers in motor vehicles over the age of 16 to wear a seat belt. Previously, passengers aged 16 and older are only required to wear a seat belt in the front passenger seat next to the driver. See Press Release.

    Aug 14, 2020 7:02 PM

  • Federal Court denies government’s motion for summary judgement in case challenging DOI memo allowing incidental killings or takings under the MBTA

    On August 11, the US District Court for the Southern District of New York denied the government's motion for summary judgment in a case challenging the Department of Interior’s (DOI) 2017 memorandum “renouncing almost fifty years of his agency’s interpretation of “takings” and “killings” under the Migratory Bird Treaty Act of 1918 (“MBTA”)” by allowing incidental ‘takings’ or ‘killings.’ The Court considered Skidmore/Mead factors, but reasoned that the memo “ is a recent and sudden departure from long-held agency positions backed by over forty years of consistent enforcement practices.” See Decision.

    Aug 14, 2020 7:01 PM

  • Likely consumed cooked shrimp recalled after Salmonella tests

    Kader Exports has recalled certain consignments of various sizes of frozen cooked, peeled and deveined shrimp sold in 1lb, 1.5lb., and 2lb. retail bags. The product has been distributed nationwide from late February 2020 to Mid-May 2020 and it has the potential to be contaminated with Salmonella. Salmonella is an organism which can cause serious... (See Article)

    Aug 14, 2020 6:33 PM

  • End-of-Summer Sale: Federal Reserve Lowers Pricing For The Municipal Liquidity Facility

    The Board of Governors of the Federal Reserve System (the “Federal Reserve”), through the Federal Reserve Bank of New York, has lowered the pricing methodology for its Municipal Liquidity Facility (the “MLF”), the CARES Act lending program for state and local governments affected by COVID-19. Under the MLF, a series of tax-exempt municipal notes will bear interest at a fixed rate that is based on a comparable maturity overnight indexed swap rate plus a spread... (See Article)

    Aug 14, 2020 6:32 PM

  • No Global MDL For COVID Business Interruption Claims, But Panel Will Consider Separate Consolidated Proceedings For Lloyds, Cincinnati, Hartford, Society

    In a widely anticipated ruling, the Judicial Panel on Multidistrict Litigation has denied two motions to centralize pretrial proceedings in hundreds of federal cases seeking coverage for business interruption losses caused by the COVID-19 pandemic. However, the Panel has ordered expedited briefing on whether four separate consolidated proceedings should be set up for four insurers – Cincinnati, Society, Hartford, and Lloyds – who appear to be named in the largest number of claims. (See Article)

    Aug 14, 2020 6:32 PM

  • COVID-19 Price Gouging On Eggs | EPA Picks up Cleanup Tab | Not All Smiles With This Judgment

    COVID-19- Paying 4X for Eggs? New York Attorney General Alleges Price Gouging in Lawsuit Against Egg Producer- New York AG Letitia James sued egg producer and wholesale distributor Hillandale Farms Corp. and related entities (collectively “Hillandale Farms”) for allegedly gouging the prices charged for eggs during the COVID-19 pandemic in violation of New York’s anti-price-gouging laws... (See Article)

    Aug 14, 2020 6:32 PM

  • The Immunity Exception: Understanding What is Egregious Enough to Rise to the Level of Intentional Wrong

    Pursuant NJSA 34:15-8, if an injury or death is compensable under the New Jersey Workers’ Compensation Act, a person shall not be liable to anyone . . . on account of such injury or death for any act or omission occurring while such person was in the same employer as the person injured or killed, except for intentional wrong. This is known as the immunity exception. The immunity exception remains a high burden to meet and on August 7, 2020, the Appellate Division’s decision continues to raise that bar. (See Article)

    Aug 14, 2020 6:32 PM

  • Estate Planning 101: Back To Basics

    The COVID-19 pandemic has focused us all on necessities and on trying to prepare for an uncertain future. This article outlines why an estate plan is one of those necessities. I Don’t Have an Estate Plan; What Would Happen if I Died? It’s important to have an estate plan for several reasons. During your life, you want to ensure that you control your assets and that if you are ever incapacitated, your estate is controlled by a trustee that you have selected... (See Article)

    Aug 14, 2020 6:32 PM

  • Blog: Nom/Gov committees response to COVID-19

    In a recent survey of over 70 nominating/governance committee chairs of S&P 500 and Fortune 500 companies, consultant SpencerStuart asked respondents about how their boards responded to COVID-19 and the nature of any long-term governance changes they anticipated post-pandemic. (See Article)

    Aug 14, 2020 6:32 PM

  • When is a “Gross Proceeds” Royalty not Paid on Gross Proceeds?

    Devon Energy Prod. Co., et al. v. Sheppard, et al is your kind of case if you are in search of: - A roadmap for slicing and dicing royalty calculations in myriad ways, - Pretty good summaries of the Supreme Court’s notable decisions in Heritage Resources v. NationsBank,  Judice v. Mewborne Oil, Chesapeake Exploration v. Hyder and Burlington Resources v. Texas Crude. (pp 12-19)... (See Article)

    Aug 14, 2020 6:32 PM

  • Federal Circuit Issues Two Decisions Clarifying Patent-Eligible Subject Matter

    One of the murkier areas of patent law is subject matter eligibility—when are patent claims directed to laws of nature, natural phenomenon or abstract ideas and when are they directed to patentable applications of those laws, phenomenon or ideas? The Federal Circuit recently issued decisions in XY, LLC v. Trans Ova Genetics, LC (Fed. Cir. July 31, 2020), and Illumina, Inc. v. Ariosa Diagnostics, Inc. (Fed. Cir. Aug. 3, 2020), holding that the patent claims were directed to patent-eligible subject matter... (See Article)

    Aug 14, 2020 6:32 PM

  • We’ve Got You Covered: Website and Grievance Procedure Updates Required Today for Title IX Compliance

    Today is the day. After almost two years of thinking about whether the proposed Title IX regulations would go into effect at all, starting today we are operating under the new rules at schools, colleges, and universities across the country. In addition to preparing for an unprecedented school year opening, we know you’re also on top of all the training and policy revisions needed for compliance. (See Article)

    Aug 14, 2020 6:32 PM

  • EPA Proposes Rule To Curb Commercial Aircraft GHG Emissions

    On July 22, 2020, the Environmental Protection Agency (“EPA”) proposed a rule establishing Greenhouse Gas (“GHG”) emissions standards for larger civilian jet and turboprop aircraft. Civilian aircraft account for ten percent of U.S. transportation-related, and about three percent of U.S. total, GHG emissions. Most of those aircraft emissions are from the larger aircraft covered by the rule... (See Article)

    Aug 14, 2020 6:32 PM

  • Republicans Reject Walz Commissioner

    Minnesota Senate Republicans voted to deny the Department of Labor & Industry (DLI) Commissioner Nancy Leppink confirmation on the Senate floor Tuesday, August 12 on a party-line vote of 34 "no" votes and 32 "yes" votes. With the vote to reject her confirmation, Leppink immediately vacates the position of commissioner. (See Article)

    Aug 14, 2020 6:32 PM

  • Connecticut District Court Enforces ERISA Venue Provisions and Dismisses Lawsuit with No Connection to Connecticut

    In Cook v. Life Insurance Company of North America et al., No. 3:20-cv-139, the plaintiff, Robert Cook, sued Life Insurance Company of North America (LINA), and its indirect corporate parent, Cigna Corporation, for denial of long-term disability benefits under the Employment Retirement Income Security Act of 1974 (ERISA). (See Article)

    Aug 14, 2020 6:32 PM

  • Ninth Circuit Reverses Antitrust Ruling Against Qualcomm In FTC V. Qualcomm Inc.

    In a ruling issued on August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) reversed a decision of the U.S. District Court for the Northern District of California which found that Qualcomm had engaged in anticompetitive licensing practices, and vacated a worldwide injunction against several of Qualcomm’s business practices... (See Article)

    Aug 14, 2020 6:32 PM

  • REIT Advisor – August 2020 - Recent Amendment Trends for REIT Credit Facilities

    The onset of the novel Coronavirus pandemic (“COVID-19”) led to an abrupt shutdown of businesses worldwide and across numerous industries. The shutdown’s impact on the commercial real estate market generally, and on REITs specifically, was significant as demand for leased space diminished and tenants struggled to pay rent... (See Article)

    Aug 14, 2020 6:32 PM

  • PPP Update: Loan Forgiveness FAQs

    The Small Business Administration (SBA), in consultation with the Department of the Treasury (Treasury), recently released guidance with regard to the forgiveness of Paycheck Protection Program (PPP) loans in the form of frequently asked questions (the Forgiveness FAQs). The Forgiveness FAQs are divided into five sections, each of which are briefly outlined below. Although many of the questions addressed in the Forgiveness FAQs were touched upon, or addressed in their entirety, in previously released guidance, there are some new clarifications and helpful examples for how borrowers should calculate their PPP loan forgiveness amount. Please see full Publication below for more information. (See Article)

    Aug 14, 2020 6:32 PM

  • DoD And GSA Release Guidance On Implementation Of Section 889 Part B

    As covered recently in this blog, the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration released on July 14, 2020, an Interim Rule covering prohibitions on contracting with entities that use “covered telecommunications equipment” under Section 889(a)(1)(B) (“Section B”) of the National Defense Authorization Act for Fiscal Year 2019 (“NDAA for FY19”). Effective August 13, 2020, Section B prohibits federal contractors from “entering into, or extending or renewing, a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.”... (See Article)

    Aug 14, 2020 6:32 PM

  • Chancery Interprets Merger Agreement Termination Fee Provision But Denies Summary Judgment to Resolve Questions of Fact in Continuing Busted Deal Litigation Between The Williams Companies and Energy Transfer

    The Williams Cos., Inc. v. Energy Transfer LP, C.A. No. 12168-VCG (Del. Ch. July 2, 2020) - The Court of Chancery will enforce a merger agreement’s plain and unambiguous terms, including parties’ agreed-upon conditions for liability of a termination fee. (See Article)

    Aug 14, 2020 6:32 PM

  • EEOC's Opioid Guidance Works For All Legal Drugs*

    An easy-to-read guide that works for all employees using legal meds.* The Equal Employment Opportunity Commission recently issued new guidance documents on the rights of employees who are legally using opioids, and for their health care providers... (See Article)

    Aug 14, 2020 6:32 PM

  • Banking on the Business of Banking How the 2nd Circuits Ruling in Lacewell v OCC Could Change the Future of Fintech Regulation

    Despite often operating on a nationwide scale, fintech companies rarely meet the stringent requirements for obtaining a national banking charter. Under the current regulatory landscape, these companies must therefore secure individual state licenses and conform to a patchwork of inconsistent state-specific regulations. (See Article)

    Aug 14, 2020 6:32 PM

  • Ninth Circuit Confirms No Choice-Of-Law Analysis Necessary To Certify Settlement Class

    The Ninth Circuit recently issued an opinion holding that district courts usually need not engage in rigorous analysis under the predominance inquiry of Rule 23(b)(3) before certifying a settlement class. In Jabbari v. Farmer, the Ninth Circuit affirmed the district court’s certification of a settlement class that asserted both a federal claim and state law claims, rejecting objectors’ protests that differences in state law claims precluded certification... (See Article)

    Aug 14, 2020 6:32 PM

  • More Onions Recalled over Salmonella

    Progressive Produce LLC is voluntarily recalling a very limited quantity of red and yellow onions as a result of a recall initiated by Thomson International, Inc., which supplied affected onions to Progressive Produce. This recall is being made out of an abundance of caution due to the potential for contamination with Salmonella. The recalled products... (See Article)

    Aug 14, 2020 4:32 PM