Code of Federal Regulations

  • President Trump announces new National Security Advisor

    On September 18, President Trump announced that Robert C. O’Brien, who currently works as a Special Presidential Envoy for Hostage Affairs at the State Department will be the new National Security Advisor. See Tweet.

    Sep 20, 2019 7:39 PM

  • New Mexico Court Of Appeals Reverses Trial Court And Holds That The Federal Aviation Administration Authorization Act Did Not Preempt Plaintiffs' Negligence Claim

    “In Schmidt v. Tavenner's Towing & Recovery, LLC, the New Mexico Court of Appeals reversed the trial court and held that the Federal Aviation Administration Authorization Act ("FAAAA") did not preempt the plaintiffs' negligence claim.” See Article.

    Sep 20, 2019 7:39 PM

  • Trump Administration to revoke California’s Federal Waiver on emissions

    Yesterday, President Trump announced that the Trump Administration is revoking California’s Federal Waiver on emissions “in order to produce far less expensive cars for the consumer.” See Tweet.

    Sep 20, 2019 7:38 PM

  • District Court: Pennsylvania's Foreign Corporation Registration Statute Unconstitutional

    “In Sullivan v. A.W. Chesterton, Inc. (In re Asbestos Products Liability Litigation (No. VI)), 384 F. Supp. 3d 532, Judge Robreno broke from his colleagues in the Eastern District of Pennsylvania and ruled that Pennsylvania's statute requiring foreign corporations registering to do business in the Commonwealth consent to its courts' general jurisdiction is unconstitutional.” See Article.

    Sep 20, 2019 7:36 PM

  • DOJ files suit against City of Troy alleging violations of the Religious Land Use and Institutionalized Persons Act of 2000

    On September 19, the Department of Justice (DOJ) filed a lawsuit against the City of Troy, Michigan, alleging that the City violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) by treating places of worship worse than equivalent nonreligious assemblies in its zoning code and denying zoning approval to a Muslim group seeking to establish a place of worship. See Press Release.

    Sep 20, 2019 7:34 PM

  • Federal Trade Commission Joins In Warning Companies About Unsupported CBD Health Claims

    “[T]he FTC sent warning letters to three companies that sell "oils, tinctures, capsules, "gummies," and creams" containing CBD. Although the FTC, in its announcement, did not publicly disclose the companies at issue, its press release does indicate that each of the companies advertised that its CBD products treat or cure serious diseases and health conditions – like cancer, Alzheimer's disease, autism, anorexia, and more. The FTC's letters warn the companies (and by publicly publishing this information, others) that it is ‘illegal to advertise that a product can prevent, treat, or cure human disease without competent and reliable scientific evidence to support such claims.’” See Article.

    Sep 20, 2019 7:33 PM

  • 2nd Circuit: FAAct preempts Connecticut ‘Runway Statute’

    In July, the 2nd Circuit Court of Appeals held that a Connecticut statute (the "Runway Statute"), which limits the Airport's runway to its current length of 5, 600 feet, is preempted by the Federal Aviation Act ("FAAct"). See Decision.

    Sep 20, 2019 7:30 PM

  • United States Imposes Additional Sanctions On Nicaragua

    “The Office of Foreign Assets Control (OFAC) has expanded Executive Order 13851, relating to the sanctions on Nicaragua that block all property and property interests of certain officials of the Nicaraguan government. The expanded regulations now impose financial sanctions on a broader set of individuals, blocking both the property interests of officials in the government, as well as those who have engaged in human rights abuses.” See Article.

    Sep 20, 2019 7:23 PM

  • PG&E Bankruptcy Judge to FERC: What Part of “Exclusive” Jurisdiction Do You Not Understand?

    U.S. Bankruptcy Judge Dennis Montali recently ruled in the Chapter 11 case of Pacific Gas & Electric (“PG&E”) that the Federal Energy Regulatory Commission (“FERC”) has no jurisdiction to interfere with the ability of a bankrupt power utility company to reject power purchase agreements (“PPAs”). (See Article)

    Sep 20, 2019 8:32 AM

  • The Check is in the Mail—Or Not

    Seyfarth Synopsis: The IRS recently issued somewhat helpful guidance to plan administrators on what to do about the constant problem of uncashed benefit checks from qualified retirement plans. The initial excitement upon hearing the news, however, was quickly met with disappointment as the realization set in that the guidance was limited. (See Article)

    Sep 20, 2019 8:32 AM

  • How To Start a Law Firm Without a Plan or Budget - Day 5: Your Self-Education System

    Welcome to Day 5! On day 2 you wrote down the gaps in your skills; today we’ll go a step further and map a plan for developing true expertise. (See Article)

    Sep 20, 2019 8:32 AM

  • EPA Updates FY 2018-2022 Strategic Plan

    On September 9, 2019, the U.S. Environmental Protection Agency (EPA) announced an update to its Fiscal Year (FY) 2018-2022 Strategic Plan. According to EPA’s announcement, the only part of the plan that has been modified is its language of the strategic goals. (See Article)

    Sep 20, 2019 8:32 AM

  • NIA “In Search of a SpaceX for Nuclear” Talk on the Hill

    On Wednesday Nuclear Innovation Alliance (NIA) hosted a meeting on the Hill about how to enhance the development of nuclear energy by finding its “SpaceX” moment.  The meeting relates to NIA’s new publication, In Seach of a SpaceX for Nuclear Energy.  (See Article)

    Sep 20, 2019 8:32 AM

  • California Legislature Passes Landmark Worker Classification Legislation

    • On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an independent contractor. The governor has indicated his support and intention to sign it. • AB 5 extends the ABC test—which Dynamex applied only to the wage orders—to the Labor Code and Unemployment Insurance Code. The Legislature also explained that to the extent it applies to the wage orders, AB 5 is “declaratory of existing law,” indicating a potentially retroactive application. • The law carves out a number of occupations, stating that the common law “Borello” test will still apply to those occupations where employment status is disputed. (See Article)

    Sep 20, 2019 8:32 AM

  • Renewable Energy Update - September 2019 #2

    Focus - Bipartisan Senate bill allocates $100M to ease residential solar and storage permitting - Utility Dive – September 10 - Senators Martin Heinrich, D-New Mexico, and Susan Collins, R-Maine, introduced a bill this Monday to create a federal program to ease the permitting of distributed energy systems, including solar, battery storage, and electric vehicle fast chargers. S. 2447 would appropriate $20 million annually, from fiscal year 2019 to 2024, for a new nonprofit organization under the Department of Energy, dubbed the Distributed Energy Opportunity Board, to streamline local permitting and inspection for qualifying systems. Distributed energy developers hailed the bipartisan bill for its potential to reduce installation costs for distributed resources, and ultimately incentivize increased adoption of clean energy technology. (See Article)

    Sep 20, 2019 8:32 AM

  • Alabama State Health Plan Report - Statewide Health Coordinating Council - September 2019

    Proposed State Health Plan Adjustments - A. PA2019-002, Vitality Senior Living Management, LLC, d/b/a Traditions of Athens, LLC: Proposes to add 32 specialty care assisted living facility beds pursuant to Section 410-2-4-.04(2)(e) of the 2014-2017 Alabama State Health Plan to be converted from existing assisted living facility beds in Limestone County. Opposition: None. Approved. B. PA2019-003, Phoenix Senior Living, d/b/a The Bluffs at Greystone: Proposes to add 32 specialty care assisted living beds pursuant to Section 410-2-4-.04(2)(e) of the 2014-2017 Alabama State Health Plan to provide for a multi-level senior living community that will provide a continuum of senior housing o (See Article)

    Sep 20, 2019 8:32 AM

  • NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

    A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As employers with unions know, an employer may violate Section 8(a)(5) and (1) of the National Labor Relations Act if it changes certain terms and conditions of employment without first bargaining with the union (called a “unilateral change”)... (See Article)

    Sep 20, 2019 8:32 AM

  • They've Got You Covered: NLRB Makes it Easier for Employers to Make Unilateral Changes

    Continuing its trend of pro-employer rulings, the National Labor Relations Board (NLRB) ruled that instead of a “clear and unmistakable waiver” standard, a “contract coverage” standard should apply when considering whether an employer’s unilateral action is permitted by a collective bar­gaining agreement. MV Transportation, Inc., Case 28-CA-173726 (September 10, 2019). (See Article)

    Sep 20, 2019 8:32 AM

  • California Sexual Harassment Prevention Training Deadline Extended One Year

    On August 30, 2019, California Governor Gavin Newsom signed Senate Bill (SB) 778 into law, thereby giving employers more time to comply with the state’s sexual harassment training requirement. In September 2018, former governor Jerry Brown signed SB 1343, requiring California employers with five or more employees to provide sexual harassment training to all supervisory and nonsupervisory employees by January 1, 2020... (See Article)

    Sep 20, 2019 8:32 AM

  • EEOC Sues Colorado Excavating for Disability Discrimination

    Company Fired Employee After Seizure, Federal Agency Charges - DENVER - Gollnick Construction, Inc., which does business as Colorado Excavating, violated federal law when it fired an employee because she had a seizure, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed yesterday. (See Article)

    Sep 20, 2019 8:32 AM

  • Third Circuit Opinion Involving Uber Only Adds More Questions to the Dispute Over the Scope of the FAA Section 1 Residual Clause

    Recent decisions have cast doubt on the enforcement of arbitration clauses in the context of the interstate transportation of goods, but will those limitations extend to the transportation of passengers? (See Article)

    Sep 20, 2019 8:32 AM

  • FTC Issues Warning Letters To Three CBD Companies

    The Federal Trade Commission (FTC) sent Warning Letters to three companies that sell products containing cannabidiol (CBD) and advertise that the products prevent, treat, or cure disease without substantiation of the purported health benefits. The products covered by these warnings letters were oils, tinctures, gummies, and dietary supplements. (See Article)

    Sep 20, 2019 8:32 AM

  • You Can’t Go Home Again: Employee’s Telework Accommodation Unreasonable, Seventh Circuit Rules

    The Department of Housing and Urban Development (“HUD”) did not fail to accommodate a disabled lawyer by rejecting her request to work from home and offering alternative accommodations instead, the Seventh Circuit ruled in Yochim v. Carson, No. 18-3670 (7th Cir. Aug. 15, 2019). Affirming summary judgment, the Court held that the employee’s telework request was unreasonable on its face. (See Article)

    Sep 20, 2019 8:32 AM

  • Patenting Trends in Blockchain Innovations

    Blockchain technology adoption has increased rapidly in recent years. The proliferation of tools for big data analysis and artificial intelligence based processing pushes organizations to collect and make available large amounts of data. Blockchain provides a secure, distributed, and efficient way for organizations to track, trade, organize, and store data. (See Article)

    Sep 20, 2019 8:32 AM

  • AB 5 Update: California Legislature Passes Final Bill on September 11, 2019

    This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019. On September 11, 2019,1 the California Legislature passed Assembly Bill 5 (AB 5).  (See Article)

    Sep 20, 2019 8:32 AM

  • 11th Circuit Finds Bank’s Disclosure of Calculation of Overdraft Fees Ambiguous

    The Eleventh Circuit concluded that a bank’s contract agreements were ambiguous in communicating which method the bank would use to calculate a customer’s available balance in assessing overdraft fees. The Eleventh Circuit reversed the district court’s dismissal of the case and remanded for further proceedings. (See Article)

    Sep 20, 2019 8:32 AM

  • Illinois Enacts New Trust Code: What Fiduciaries Need to Know

    Effective January 1, 2020, the new Illinois Trust Code (ITC) will replace the Illinois Trusts and Trustees Act, ushering in several changes of note for fiduciaries. In light of the ITC, fiduciaries and estate planners should review existing revocable and irrevocable trusts and revisit their regular trust administration procedures to ensure that they conform to the new standards when applicable. (See Article)

    Sep 20, 2019 8:32 AM

  • The Insurer’s Howler, or How Travelers Proved Its Insured’s Case

    What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury verdict for the insured-plaintiff. That is the lesson learned by Travelers in the Connecticut Supreme Court, despite: (1) Travelers’ moving for directed verdict after the plaintiff’s case-in-chief; (2) the trial court’s reserving its ruling until after the defense’s case; and (3) Travelers’ renewing its motion for directed verdict, seeking consideration of only the plaintiff’s evidence presented in its case-in-chief. The court held, “Although the evidence before the jury may differ depending on the procedural posture of the case at the time the defendant’s motion is filed, the legal question remains the same.” (See Article)

    Sep 20, 2019 8:32 AM

  • FTC announces settlements with student debt relief company and company that financed fees

    The FTC announced settlements of two lawsuits filed in a California federal district court alleging similar violations of the FTC Act, the Telemarketing Sales Rule (TSR), and the Truth in Lending Act by providers of student debt relief services, their principals, and a Minnesota-based company that provided financing to customers of the providers involved in both complaints. (See Article)

    Sep 20, 2019 8:32 AM

  • US Court Rejects Suit Over Office of the Comptroller of the Currency FinTech Charter

    Judge Dabney Friedrich of the U.S. District Court for the District of Columbia has dismissed a lawsuit brought by the Conference of State Bank Supervisors (CSBS) that would have prevented the Office of the Comptroller of the Currency from offering a special purpose national bank charter to certain non-bank financial services firms. The CSBS brought the lawsuit in October 2018 following the OCC's July 2018 announcement that it would begin accepting applications for the FinTech charter, arguing that the OCC lacks the authority to award bank charters to non-depository institutions. However, Judge Friedrich concluded that the CSBS did not have standing to bring the suit given the fact that the OCC has yet to award a FinTech charter to any non-bank financial services firms. (See Article)

    Sep 20, 2019 8:32 AM