Code of Federal Regulations

  • President Trump signs presidential memorandum under the Defense Production Act to require GM to prioritize Federal contracts for ventilators

    On March 27, President Trump signed a presidential memorandum directing the Secretary of Health and Human Services to use any and all authority available under the Defense Production Act to require General Motors to accept, perform, and prioritize Federal contracts for ventilators. See Press Release.

    Mar 27, 2020 10:15 PM

  • U.S. Supreme Court: a 42 U.S.C. §1981 plaintiff bears the burden of showing that the plaintiff’s race was a but-for cause of its injury, and that burden remains constant over the life of the lawsuit

    On March 23, the U.S. Supreme Court held that a 42 U.S.C. §1981 plaintiff “bears the burden of showing that the plaintiff’s race was a but-for cause of its injury, and that burden remains constant over the life of the lawsuit.” In this case, the plaintiffs, African-American-owned television-network operators, alleged that Comcast refused to carry their channels in violation of 42 U.S.C. §1981, which guarantees" [a]ll persons . . . the same right ... to make and enforce contracts . . . as is enjoyed by white citizens." See Decision.

    Mar 27, 2020 10:14 PM

  • EPA announces temporary policy addressing non-compliance with EPA policies

    On March 26, the Environmental Protection Agency (EPA) announced a temporary policy that addresses non-compliance with EPA policies during the COVID-19 pandemic. In general, the announcement states that the EPA will not be enforcing civil infractions of EPA regulations provided the party responsible acted to minimize the effects of non-compliance and returns to compliance as soon as possible, among other requirements. See Memorandum.

    Mar 27, 2020 10:12 PM

  • 6th Circuit: Fourth Amendment does not bar investigatory stops prompted by a completed misdemeanor

    On March 23, the 6th Circuit Court of Appeals reversed the district court’s holding that the Fourth Amendment bars investigatory stops prompted by a completed misdemeanor. The 6th Circuit reversed stating that “the Fourth Amendment contains no such rule.” See Decision.

    Mar 27, 2020 10:10 PM

  • President Trump signs CARES Act

    On March 27, President Trump signed legislation to provide economic relief (CARES Act) to American individuals and businesses. The legislation provides that couples earning up to $150,000 will receive $2,400, plus an additional $500 for each child. While, individuals earning up to $75,000 will receive $1,200, plus an additional $500 for each child. The legislation also provides increased support for the unemployed, homeowners and small business owners. See Press Release.

    Mar 27, 2020 10:09 PM

  • United States charges Nicolas Maduro with drug trafficking

    On March 26, the United States formally charged Venezuela’s Nicolas Maduro with narco-terrorism, corruption and drug trafficking. Additionally, the Department of State offered $15 million for information leading to the arrest and/or conviction of Maduro. See Press Release.

    Mar 27, 2020 10:09 PM

  • Justice Department approves UTC/Raytheon merger subject to divestitures

    The Department of Justice has announced that it has proposed a settlement in the proposed merger between United Technologies Corporation (UTC) and Raytheon Company (Raytheon). This would require the divestiture of Raytheon’s military airborne radios business and UTC’s military global positioning systems. Full details of the civil antitrust lawsuit filed in the U.S. District Court for the District of Columbia and the proposed settlement can be found here.

    Mar 27, 2020 10:55 AM

  • USCIS Announces Expanded Premium Processing Suspension, Acceptance of Non-Original Signatures

    Due to COVID-19, USCIS announced that as of March 20, 2020, it is immediately suspending premium processing service for all Form I-129 and I-140 petitions until further notice. USCIS also said that petitioners that have already filed a form requesting premium processing will receive refunds if their cases are not acted on within the 15... (See Article)

    Mar 27, 2020 9:36 AM

  • EMERGENCY PAID LEAVE RELATED TO COVID-19 SIGNED INTO LAW AND TAKES EFFECT APRIL 1, 2020

    On March 18, 2020, the President signed into law The Families First Coronavirus Response Act. This new federal law will provide employees with emergency paid family leave and paid sick leave related to COVID-19. These paid leave laws apply to all employers with fewer than 500 employees. The laws take effect on April 1 and... (See Article)

    Mar 27, 2020 9:36 AM

  • Tech Tip: How to Correctly Position Your Webcam

    Video chatting has never been more important to connect with others than it is today during this unprecedented time. My dear friend Elizabeth Lampert posted some very useful information on how to ensure you’re effectively using your webcam. Keep a light source on your face, and try to avoid sitting with a window behind you.... (See Article)

    Mar 27, 2020 9:36 AM

  • Supreme Court of Idaho Upholds Tax Credit Legislation

    The Supreme Court of Idaho upheld the lower court’s judgment that the Idaho Reimbursement Incentive Act (“IRIA”) does not violate the separation of powers provisions of the Idaho Constitution because the IRIA does not delegate lawmaking powers to an administrative body and the IRIA does not limit judicial review. An administrative agency created under the... (See Article)

    Mar 27, 2020 9:36 AM

  • IRC Section 409A v. COVID-19: The nonqualified and executive compensation clash, and how employers can navigate it

    Unintended consequences are a fact of life. As one of many examples, after the Titanic sank, the United States enacted a law that required any American ship carrying over 100 tons of weight to have enough lifeboats for every passenger. It was a noble thought – no more rationing of lifeboats in the event of... (See Article)

    Mar 27, 2020 9:36 AM

  • Fox Rothschild Coronavirus Resource Center

    Fox Rothschild LLP has established a coronavirus resource center.  If you have questions regarding new paid sick leave obligations, whether your business is essential or not, or how to address data protection obligations while you work from home, please check our resource center. The resource page will be updated frequently with links to free webinars,... (See Article)

    Mar 27, 2020 9:36 AM

  • Kahler v. Kansas: Mitigation And Defense Are Not The Same

    In the midst of a pandemic, the Supreme Court, in a 6-3 decision written by Justice Elena Kagan, solved the age-old law school question of how best to frame the insanity defense. The M’Naghten rule? The irresistible impulse test? The Durham rule? Forget about it. Kansas don’t need no stinkin’ rule, and in Kahler v.... (See Article)

    Mar 27, 2020 9:36 AM

  • Motion To Dismiss Granted in Trip and Fall Case Due To Open and Obvious Condition

    In the case of Moknach v. Presque Isle Downs, Inc., No. 1:18-CV-261 (W.D. Pa. March 2, 2020 Baxter, J.), a Defendant’s Motion to Dismiss was granted in a premises liability matter. After reviewing the facts before it, the court ruled that a Defendant landowner did not owe any duty to a Plaintiff business invitee to... (See Article)

    Mar 27, 2020 9:36 AM

  • Safe Food Prep Amid COVID-19 Outbreak

    The COVID-19 pandemic has forced some significant changes on our daily lives. The primary changes incorporated by individuals seeking to avoid infection involve spending a lot more time at home and keeping person-to-person interaction at a minimum (better known as “social distancing”). We at Marler Clark have been thinking about possible food safety pitfalls related... (See Article)

    Mar 27, 2020 9:36 AM

  • The SEC Stays Busy: CAT Relief in Response to COVID-19 Pandemic, CAT Cybersecurity Relief for SROs, and Enforcement Has Its Eye on Insider Trading

    The U.S. Securities and Exchange Commission (“SEC”) recently provided relief relating to the implementation of the Consolidated Audit Trail (“CAT”). First, on March 16, 2020, the SEC’s Division of Trading & Markets staff issued a No-Action Letter (“NAL”) to temporarily allow broker-dealer personnel who are working on CAT implementation to focus on critical operations. Second,... (See Article)

    Mar 27, 2020 9:36 AM

  • COVID-19: US Immigration Agencies Announce Operational Changes

    In response to the COVID-19 crisis, US authorities are announcing a number of significant changes that impact everyone who relies on immigration programs to operate businesses or to live and work in the United States. Companies and their sponsored employees should be aware of the following changes announced within the past week: US Citizenship and... (See Article)

    Mar 27, 2020 9:36 AM

  • Webinar: Your largest fixed cost: Rent. What do you do?

    Zaller Law Group is hosting a webinar in connection with the California Restaurant Association and Baker, Burton & Lundy, P.C. discussing options business have to address rent during the coronavirus pandemic. Sean Kennedy, Executive Vice President, Public Affairs from the National Restaurant Association will also provide a brief overview of the status of current federal... (See Article)

    Mar 27, 2020 9:36 AM

  • Not All Violation of Statutes Exclusions Are Created Equal

    Coverage litigation relating to liability claims arising out of the Illinois Biometric Information Privacy Act (“BIPA”) has been relatively non-existent. One reason for this may be insurers’ reasonable conclusion that an exclusion introduced in 2006 in response to litigation arising under the Telephone Consumer Protection Act (“TCPA”) applies to this new genre of privacy litigation.... (See Article)

    Mar 27, 2020 9:36 AM

  • Is Your Business “Essential”? More Guidance From Governor Hogan’s Office

    As Maryland businesses know, Governor Hogan signed an Executive Order closing all non-essential businesses to the general public at 5 p.m. Monday, March 23, 2020. His office has since provided three separate Interpretive Guidance memos, listing the types of businesses deemed essential. The latest Guidance also provides further information regarding what actions non-essential businesses can... (See Article)

    Mar 27, 2020 9:36 AM

  • Christopher Hart Discusses Security in an Unprecedented Time at MassTLC Table Top Panel

    Christopher Hart, Co-Chair of Foley Hoag’s Privacy and Data Security practice, discusses the data security risks of the present crisis and how to mitigate them in MassTLC’s Virtual Table Top Panel. Click here to listen to the full audio of the program. (See Article)

    Mar 27, 2020 9:36 AM

  • COVID-19 Update: New Jersey Executive Order No. 110

    Executive Order No. 107 (“Executive Order 107”) issued by Governor Phil Murphy on Saturday March 21, 2020 set forth a list of essential retail businesses that can continue to operate, subject to social distancing guidelines.  On March 24, 2020, the New Jersey State Director of Emergency Management expanded Executive Order 107 to include certain other essential... (See Article)

    Mar 27, 2020 9:36 AM

  • Pennsylvania Board of Finance and Revenue – Update Amid Coronavirus Pandemic

    Board of Finance and Revenue Operations Under the Exigent Circumstances Created by the Public Health Emergency March 26, 2020 In order to protect public health and in recognition of the Proclamation of Disaster Emergency issued by Governor Tom Wolf on March 6, 2020, and the national emergency that was declared by the President of the... (See Article)

    Mar 27, 2020 9:36 AM

  • COVID-19: Trade Secrets and the Remote Workforce

    As COVID-19 spreads, many businesses, Henderson Franklin among them, have instituted remote work programs voluntarily or in response to state or local “shelter in place” orders. With the idea of continuing business as usual, companies have provided employees with hardware and software to gain remote access to networks or have allowed employees to use their... (See Article)

    Mar 27, 2020 9:36 AM

  • This week’s podcast: A conversation with former CFPB Director Richard Cordray

    In this week’s podcast, we are joined by Richard Cordray whose book about his CFPB tenure, Watchdog, was recently-released.  Among other topics, Mr. Cordray shares what he considers to be his key successes and disappointments as Director, describes his relationship with the Trump Administration, responds to criticism of his use of the CFPB’s enforcement authority,... (See Article)

    Mar 27, 2020 9:36 AM

  • In Response to COVID-19 Crisis, PacerPro Offers Three Months Free Access

    PacerPro, a company that provides automated distribution of federal court filings, said today that it is offering three months of free access to its service, as a well of helping legal professionals transition to remote work. PacerPro’s service automatically sends notices of new filings, together with their associate PDFs, to everyone on a litigation team,... (See Article)

    Mar 27, 2020 9:36 AM

  • FCC to Stations: Giving Away Spots Doesn’t Necessarily Have to Cost You When Candidates Come to Buy Time

    One of the outcomes of the COVID-19 crisis – according to reports from many radio and televisions stations – has been a precipitous drop in spot sales and customers cancelling existing advertising contracts, leaving lots of airtime to fill. To fill that time, and to help other struggling businesses, some broadcasters have responded by offering... (See Article)

    Mar 27, 2020 9:36 AM

  • SEC Releases COVID-19 Disclosure Guidance for Public Companies

    The Troutman Sanders Corporate team has published the following article on COVID-19: In a press release dated March 25, 2020, the United States Securities and Exchange Commission (the “Commission”) Chairman Jay Clayton encouraged “public companies to provide current and forward-looking information to their investors . . .” while continuing to prioritize health and safety during the ongoing... (See Article)

    Mar 27, 2020 9:36 AM

  • The Evolution of Sub-Specialty Investment Strategies: Five Takeaways

    The next in our series of posts sharing key takeaways from panels at the Healthcare & Life Sciences Private Equity and Lending Conference is authored by our colleagues Amanda Roenius  and Timothy Fry. * * * The Evolution of Sub-Specialty Investment Strategies: Five Takeaways By Amanda Roenius and Tim Fry Private equity investment in various sub-specialties,... (See Article)

    Mar 27, 2020 9:36 AM