Code of Federal Regulations

  • Upcoming SEC Small Business Capital Formation Advisory Committee Meeting

    The Securities and Exchange Commission announced the agenda for the December 11, 2019 meeting of the Small Business Capital Formation Advisory Committee. The Committee will continue to focus on topics raised in the SEC’s Harmonization Concept Release, which requested comment on the current framework for exempt offerings, and will seek to develop potential recommendations to... (See Article)

    Dec 11, 2019 9:33 AM

  • A New Wave of Clergy Sex Abuse Cases Is Expected

    An AP investigative report published on Tuesday highlights the rash of new clergy sex abuse cases being pursued as 15 states have extended or suspended their statutes of limitations to allow even decades-old child sex abuse claims to be filed: It’s a financial reckoning playing out in such populous Catholic strongholds as New York, California... (See Article)

    Dec 11, 2019 9:33 AM

  • Notice 2019-63 Delivers Relief for Providers of Minimum Essential Coverage

    Holding true to its holiday tradition, the IRS yet again decided to extend the deadline by which providers of minimum essential coverage (including certain applicable large employers (“ALEs”)) must furnish information statements to individuals regarding their 2019 insurance coverage. However, due to the effective elimination of the ACA’s individual mandate penalty through the Tax Cuts... (See Article)

    Dec 11, 2019 9:33 AM

  • Greenberg Traurig’s Kristen Walker Ng Honored as 2019 National Law Review ‘Go-To Thought Leader’ on Immigration

    Based on an analysis of more than 100,000 legal news articles, legal publisher The National Law Review (NLR) recognized Kristen Walker Ng, an associate in Greenberg Traurig LLP’s Immigration & Compliance Practice,  as a 2019 “Go-To Thought Leader” in Immigration. According to NLR, the Go-To Thought Leadership Awards recognize exceptional authors in 35 legal practice areas for their contributions in... (See Article)

    Dec 11, 2019 9:33 AM

  • Announcing the Winners of the 2020 ABA TECHSHOW Startup Alley Competition

    The results are in — all 38,715 of them. Readers have been voting to select the 15 legal technology startups that will get to participate in the fourth-annual Startup Alley at the American Bar Association’s TECHSHOW conference, which is Feb. 26 to 29, 2020, in Chicago.  Voting ended Friday night and now we are pleased... (See Article)

    Dec 11, 2019 9:33 AM

  • H-1B Cap Registration: USCIS Says It’s On For 2020 (US)

    On December 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it has completed pilot testing and is implementing the long-anticipated electronic registration tool for the next H-1B lottery of fiscal year (FY) 2021 H-1B visas. In its announcement, USCIS indicated that the initial H-1B cap registration period will run from March 1, 2020... (See Article)

    Dec 11, 2019 9:33 AM

  • IRS CI Highlights International Efforts to Tackle Cryptocurrency Abuse, Money Laundering and Tax Evasion

    ABA Tax Fraud Panel to Discuss IRS CI and Crypto Criminals The Internal Revenue Service – Criminal Investigation (IRS CI) has made it clear that it is focusing on the abuse of digital currencies to further tax evasion, money laundering, and other offenses. IRS-CI also has made it clear that this is an international effort,... (See Article)

    Dec 11, 2019 9:33 AM

  • Throwing Good Money After Bad: Third Circuit Affirms Fee Award Under the FDCPA

    On December 4, the United States Court of Appeals for the Third Circuit denied plaintiff Joanne Scanno’s attempt to obtain a larger fee award under the Fair Debt Collection Practices Act. The Third Circuit affirmed the District Court’s ruling that a reduction in the fees sought was warranted  because not only were the hours billed... (See Article)

    Dec 11, 2019 9:33 AM

  • Abuse: Assessment of damages

    SM v SRK [2019] SADC 184 (available on JADE) saw an assessment of damages for child sexual abuse, brought against the adoptive father of the claimant. The assessment was complicated by the paucity of evidence relied upon by the claimant in proof of her claim and the impact on the claimant of other non-compensable injuries... (See Article)

    Dec 11, 2019 9:33 AM

  • Brand Protection for Illinois’ Budding Cannabis Industry

    On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter the Prairie State’s burgeoning cannabis market. As with any new business, one of the first things... (See Article)

    Dec 11, 2019 9:33 AM

  • The Impeachment Persuasion Dilemma

    The headline made a promise that E.J. Dionne failed to keep. Impeachment and the lost art of persuasion Is persuasion a “lost art”? Is the failure to change minds about the wrongfulness, the impeachability, of Trump’s conduct a “lost are of persuasion” problem? Dionne makes his proffer. The genius of the civil rights movement of... (See Article)

    Dec 11, 2019 9:33 AM

  • Proponent of CCPA 2.0 Files Revised Version of Proposed ‘California Privacy Rights Act’

    Alastair Mactaggart, the proponent of the “CCPA 2.0” ballot initiative in California, has submitted to the Office of the Attorney General a revised version of the proposed “California Privacy Rights Act” (CPRA) that he hopes to place before voters on the November 2020 general election ballot. Read my detailed analysis. (See Article)

    Dec 11, 2019 9:33 AM

  • FTC Exacts $4.1 Million Settlement from Supplement Marketer over Shaky Arthritis Treatment Claims

    On December 5, 2019, the Federal Trade Commission announced a $4.1 million settlement against A.S. Research, the marketer of the dietary supplement Synovia. The Commission alleged that ASR mislead consumers by purporting Synovia could dramatically reduce or cure chronic joint pain, stiffness and swelling caused by arthritis, carpal tunnel syndrome, tennis elbow and muscular atrophy. (See Article)

    Dec 11, 2019 9:33 AM

  • Latest E. coli Outbreak tied to Fresh Express Salad Kits sickens at least 24

    William (Bill) Marler has become the most prominent foodborne illness lawyer in America and a major force in food policy in the U.S. and around the world. Marler Clark, The Food Safety Law Firm, has represented thousands of individuals in claims against food companies whose contaminated products have caused life altering injury and even death. He began... (See Article)

    Dec 11, 2019 9:33 AM

  • FSB publishes reports on financial stability risks stemming from BigTechs and cloud service providers

    On 9 December 2019, the Financial Stability Board (FSB) published two reports on financial stability implications of BigTech in finance and third party dependencies in cloud services. The two reports come as BigTech firms – large companies with established technology platforms – play an increasingly prominent role in the financial system and have begun to... (See Article)

    Dec 11, 2019 9:33 AM

  • Davis Polk Client Memo: Human Capital and Climate Risk Disclosure – Analysis of 2019 Mandatory and Voluntary Reporting

    To help guide public companies in preparing their annual reports and proxy statements for the 2020 season, we examined the climate change and human capital management disclosures that have been provided by the largest public companies in six industries. A key finding is that to date 10-Ks and proxy statements have generally contained only disclosures... (See Article)

    Dec 11, 2019 9:33 AM

  • Company recalls fresh fruit from hospitals, schools, etc., amid Salmonella Javiana outbreak

    As promised, a New Jersey company is recalling pre-cut fresh fruit from hospitals, schools and other institutions because of a link to a Salmonella outbreak that has sickened more than 30. Tailor Cut Produce is recalling its Fruit luau, cut honeydew, cut cantaloupe and cut pineapple products, according to a company notice posted by the... (See Article)

    Dec 11, 2019 9:33 AM

  • Lots worth reading at Law360 “Access to Justice” section

    I am not quite sure when I started subscribing to Law360’s  “Access to Justice” section, but I am quite sure that a lot of recent content in the section should be of great interest to sentencing fans.  Here are just some of the recent headlines and stories that caught my eye in no particular order:... (See Article)

    Dec 11, 2019 9:33 AM

  • Professional Tax Preparers – You Need A Written Information Security Plan, Say The IRS And FTC

    Tax season will soon be upon us and many not-so-eager taxpayers will share sensitive personal information about themselves, their dependents, their employees, and others with their trusted professional tax preparers for processing. What many of these preparers might not realize is that federal law and a growing number of state laws obligate them to have safeguards in place to protect sensitive taxpayer data. (See Article)

    Dec 11, 2019 9:33 AM

  • Philadelphia Fair Workweek Law Delayed and Regulations Forthcoming

    Seyfarth Synopsis: Weeks before the Fair Workweek Law was set to become effective, the Philadelphia Mayor’s Office of Labor announced that the law’s effective date would be postponed until April 1, 2020. Additionally, the Mayor’s office confirmed that final regulations will be released before the end of the year. (See Article)

    Dec 11, 2019 9:33 AM

  • In Focus: Analysis of SEC Proposals to Modernize Advertising and Solicitation Rules

    On November 4, 2019, the US Securities and Exchange Commission (SEC) proposed amendments to Rule 206(4)-1 (the Advertising Rule) and Rule 206(4)-3 (the Solicitation Rule) under the Investment Advisers Act of 1940. The proposed amendments would substantially modernize the rules the SEC adopted in 1961 and 1979, respectively, and are intended to reflect market and regulatory developments, including technological advancements, that have changed the way advisers conduct business since the current rules were first adopted decades ago. The public comment period will be open for 60 days following publication of the release in the Federal Register. Although timing is hard to predict, it is very possi (See Article)

    Dec 11, 2019 9:33 AM

  • Apple’s Lesson: Software Alone Won’t Prevent Export Violations

    Apple Inc.’s recent settlement with the Treasury Department's Office of Foreign Assets Control (OFAC) has exposed a potentially costly wrinkle in complying with international trade regulations. While sanctions screening technologies may help a company catch and report errors, this software alone will not absolve faults and shortcomings in a company’s overall export compliance programs. (See Article)

    Dec 11, 2019 9:32 AM

  • NC Politics in the News - December 2019 #2

    Agriculture - THE SALISBURY POST: N.C. Farm School growing farmers from the ground up - According to the 2017 agriculture census, there are about 74,000 agriculture producers in North Carolina, and 27% of those producers are new and beginning farmers. (See Article)

    Dec 11, 2019 9:32 AM

  • [Event] Master Class - Labor Relations and Employment: The Only Constant Is Change - February 27th, San Francisco, CA

    Please join us for BakerHostetler's “Labor Relations and Employment: The Only Constant Is Change” Master Class. This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline issues that will be affecting employers of all sizes in all industries. (See Article)

    Dec 11, 2019 9:32 AM

  • New ANDA Cases - Fall 2019

    Please see full Chart below for more information. (See Article)

    Dec 11, 2019 9:32 AM

  • Washington Supreme Court Clarifies Law on Regulatory Takings

    The Washington Supreme Court recently overturned years of precedent and made it more difficult for parties to claim that government regulation has effected an unconstitutional “taking” of their property requiring compensation. (See Article)

    Dec 11, 2019 9:32 AM

  • The 12 Days of California Labor & Employment Series – Day 3: Harassment Training Deadline Extended

    It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the holidays" to blog daily about one of these new California laws and its impact on California employers. On the third day of the holidays, my labor and employment attorney gave to me: three French hens and SB 778. (See Article)

    Dec 11, 2019 9:32 AM

  • College Cleared in Due Process Challenge Because Student Failed to Participate in Offered Process

    In a case that serves as a healthy reminder of the importance of drafting and abiding by clear disciplinary policies, an Illinois Appellate Court recently held that a College did not violate a student’s due process rights because the student refused to participate in the College’s offered disciplinary-appeal process. (See Article)

    Dec 11, 2019 9:32 AM

  • Preparing for the 2020 Public Company Reporting Season

    The U.S. Securities and Exchange Commission (SEC) issued rule updates and guidance in 2019 that are intended to simplify certain public reporting requirements, clarify the staff’s expectations with respect to no-action relief for certain shareholder proposals and significantly revise the staff’s process for responding to those no-action requests. In anticipation of the upcoming reporting season, we highlight rule changes, guidance and trends for public companies to consider in preparing annual report and proxy statement disclosures in 2020. (See Article)

    Dec 11, 2019 9:32 AM

  • Real Estate Peer to Peer Platform Lendy’s Demise and the Future of P2P Lending

    THE RISE OF P2P LENDING - With interest earned on capital at a low, a decreased appetite by High Street lenders to lend to small and medium-sized enterprises (SME’s) in the wake of the financial crisis and an opportunity to use technology to gain an advantage over the traditional processes and systems offered by established lenders, the dramatic rise of peer to peer and peer to business (P2P) platforms has not been surprising. (See Article)

    Dec 11, 2019 9:32 AM