Code of Federal Regulations

  • What Kinds of Criminal Cases Drive the Reversal Rate in Division One of the Second District?

    Today, we’re dissecting the reversal rate in criminal cases from Division 1 of the Second District.  The following areas of law were the biggest players on the criminal docket in terms of cases which went to the Supreme Court: constitutional law (23.53%); criminal procedure (20.59%); sentencing (14.71%); and violent crimes (11.76%). The overall reversal rate... (See Article)

    Jan 25, 2021 1:34 PM

  • Researchers host webinar on COVID-19 disruptions to food supply chains

    Researchers from multiple institutions are hosting a free webinar about the impact of COVID-19 on food and agricultural systems. The session is aimed at anyone who is engaged in the food supply chain at any level. It is scheduled for 2 p.m. EST, Jan. 28. This hour-long webinar is part of the “Lessons from COVID-19:... (See Article)

    Jan 25, 2021 11:34 AM

  • 2021 M&A Outlook: Cautious Optimism for Robust Dealmaking

    The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2021”. As we look back on the mergers and acquisitions landscape of 2020, clear trends emerge and paint a picture of what can be expected in 2021. Certain of these trends seemingly came from nowhere,... (See Article)

    Jan 25, 2021 9:34 AM

  • Senators’ Letter to EEOC Signals Scrutiny of AI Bias

    Ten U.S. senators are asking the U.S. Equal Employment Opportunity Commission to hone in on employers’ use of artificial intelligence, machine-learning, and other hiring technologies that may result in discrimination. (See Article)

    Jan 25, 2021 9:34 AM

  • Inauguration Day

    Today is a wonderful day. 28 years ago, January 20, 1993, I was on the National Mall experiencing the inauguration of Bill Clinton. One of my absolute best memories. I treasure the day I spent as part of history. Democrat or Republican, left or right, liberal or conservative, it’s a day that we should ALL... (See Article)

    Jan 25, 2021 9:34 AM

  • This week’s podcast: A look at the recommendations of the CFPB’s Taskforce on Federal Consumer Financial Law with special guest Professor Todd Zywicki, Taskforce Chairman: Part I

    In Part I of our two-part podcast, after discussing the Taskforce’s goals and background, we look at the recommendations in the Taskforce’s report concerning artificial intelligence, limited English proficiency consumers, and fair lending, share our reactions to the recommendations, and consider the recommendations’ practical implications for the consumer finance industry. Ballard Spahr attorney Alan Kaplinsky... (See Article)

    Jan 25, 2021 9:34 AM

  • SBA’s Paycheck Protection Program (PPP) Resumes

    On December 27, 2020, the Consolidated Appropriations Act, 2021, was signed into law, which revitalized the Paycheck Protection Program (PPP), an economic stimulus program that began under the CARES Act of 2020. The PPP is a loan program designed to provide a direct incentive for qualifying small businesses, including certain non-profits, to keep their workers on payroll. PPP... (See Article)

    Jan 25, 2021 9:34 AM

  • Expense Reimbursements in the Era of Remote Working

    By: Christina Jaremus, Kyle Petersen, Daniel Small, and Gena Usenheimer Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are increasingly confronted with questions regarding their expense reimbursement obligations. Employers are therefore well advised to... (See Article)

    Jan 25, 2021 9:34 AM

  • The Week Ahead in the European Parliament – Friday, January 22, 2021

    Next week will be a committee week in the European Parliament.  Members of the European Parliament (“MEPs”) will gather virtually and in person in Brussels.  Several interesting votes and debates are scheduled to take place. On Monday, the Committee on Economic and Monetary Affairs (“ECON”) will have a structured dialogue with Commissioner for Financial Services... (See Article)

    Jan 25, 2021 9:34 AM

  • Online Tools to Decrease Wait Times in Immigration During COVID

    Owing to the pandemic, federal immigration agencies are facing significant delays in processing various immigration applications. On January 8, the United States Citizenship and Immigration Services (USCIS) acknowledged delays in processing as the result of COVID-19 restrictions, increases in filings, and current postal service volume and other factors. USCIS announced that it was experiencing increased... (See Article)

    Jan 25, 2021 9:34 AM

  • More than $10,000 FBAR Threshold: What is The Threshold Filing Requirement

    More than $10000 FBAR Threshold More than $10000 FBAR Threshold: Per Account or Aggregate Total More than $10000 FBAR Threshold: When it comes to filing the annual FBAR (Foreign Bank and Financial Account Reporting Form) on FinCEN Form 114, some taxpayers get confused by the “more than $10,000” reporting requirement. A common question we receive... (See Article)

    Jan 25, 2021 9:34 AM

  • New York employers may be “exposed” to COVID-19 workers’ compensation claims

    In September 2020, the New York Workers’ Compensation Board (WCB) issued guidance related to COVID-19 claims and their compensability under the State’s workers’ compensation laws. This guidance is especially noteworthy because workers’ compensation claims are expected to increase substantially as a result of COVID-19. By way of background, New York is one of the few... (See Article)

    Jan 25, 2021 9:34 AM

  • Former Judge Dennis Bailey To Head Merlin Law Group Trial Division

    Merlin Law Group is pleased to announce that former Circuit Court Judge Dennis Bailey has joined Merlin Law Group to lead our Trial Division. After law school, Dennis worked fourteen years as a criminal trial lawyer, nine of which were spent as Assistant State Attorney in Broward County. He has tried over 200 jury trials... (See Article)

    Jan 25, 2021 9:34 AM

  • Are Long Term Pricing Controls Here to Stay? Three Reasons the Pessimists Might Be Right

    In some ways, it feels like the country is moving into another phase of how we experience the COVID-19 pandemic. With two vaccines in distribution, and more vaccine approvals possible, the pandemic could very well be effectively managed much sooner than experts initially feared. Given the light the end of the tunnel, it is worth... (See Article)

    Jan 25, 2021 9:34 AM

  • Court Dismisses RLUIPA and Equal Protection Clause Case for Lack of Standing

    A federal district court in Illinois recently denied a church’s preliminary injunction motion and dismissed its suit alleging that a zoning ordinance violates RLUIPA and the Equal Protection Clause.  In all of its zoning districts, the Village of Homewood allows places of worship only as special uses.  Because non-religious assembly uses are permitted by right... (See Article)

    Jan 25, 2021 9:34 AM

  • Biden Administration Plans to Reexamine Chlorpyrifos

    President Biden’s list of planned executive actions included an order to reexamine chlorpyrifos, a controversial insecticide that is widely used to reduce insect damage to a variety of crops, including row crops, fruits, and vegetables. Chlorpyrifos has been the subject of several lawsuits and petitions that point to its potential adverse effects on human and... (See Article)

    Jan 25, 2021 9:34 AM

  • Podcast: Impact of FRB and FinCEN Proposed Amendments to Recordkeeping and Travel Rule Regulations

    On October 23, 2020, the Federal Reserve Board and the Financial Crimes Enforcement Network (FinCEN) issued a joint notice of proposed rulemaking that would amend the Bank Secrecy Act’s Recordkeeping Rule and Travel Rule regulations. The proposed changes would: (a) lower the threshold for covered cross-border transactions from $3,000 to $250, and (b) extend the... (See Article)

    Jan 25, 2021 9:34 AM

  • Fifth Circuit Issues New Test For Determining Conditional Certification in FLSA Collective Actions: I Am Giddy!

    I have often lamented how easy it seems for plaintiffs to secure conditional certification in a FLSA collective action.  A few Affidavits, often identical in content, are produced and then, voila, the plaintiff gets conditional certification which then inordinately complicates matters for the employer and makes litigating the case and, of equal import, settling the... (See Article)

    Jan 25, 2021 9:34 AM

  • USDA’s Final Rule Makes Hemp Easier to Grow, Harder to Test

    The U.S. Department of Agriculture (USDA) published a final rule today, building off the interim final rule it issued in October 2019 and incorporating both public comments and the agency’s takeaways from the 2020 growing season. In general, the final rule makes modest adjustments to the interim final rule in order to make it less... (See Article)

    Jan 25, 2021 9:34 AM

  • FERC’s Clean Water Action Section 401 Waiver Analysis Continues to Evolve

    In 2019, the D.C. Circuit in Hoopa Valley Tribe v. FERC  held that the plain language of Clean Water Act (CWA) Section 401 establishes a bright-line maximum period of one year for States to act on a request for water quality certification and that the Federal Energy Regulatory Commission (Commission) was arbitrary and capricious when... (See Article)

    Jan 25, 2021 9:34 AM

  • New York State Assembly proposes surcharge on delivery transactions

    On January 11, 2021, the New York State Assembly introduced A.B. 1612, which would impose a three dollar ($3.00) surcharge on each delivery transaction where the delivery is made within New York City. The surcharge would not apply to deliveries of food or essential medical supplies. Liability for the surcharge would be imposed on a... (See Article)

    Jan 25, 2021 9:34 AM

  • The Supreme Court Argument on Media Ownership – What’s Next?

    On Tuesday, as has been covered in most of the broadcast trade press, the US Supreme Court held its oral argument in the Prometheus case.  In this case, the FCC and a number of media companies seek to overturn the Third Circuit’s decision that threw out the FCC’s 2017 media ownership rule changes.  As we... (See Article)

    Jan 25, 2021 9:34 AM

  • Interpreting insurance contracts (part 7 – causation)

    An insured loss must be caused legally and factually by the insured peril. Even where factual causation is established legal causation does not automatically follow. In Concord Insurance Co Limited v Oelofsen N.O. (1992) the court said that in the contractual context policy considerations do not enter the enquiry (unlike in criminal law or delict,... (See Article)

    Jan 25, 2021 9:34 AM

  • President Biden’s First Executive Orders Focus on Reversing Trump Administration Policies

    Nearly half of the executive orders signed by President Biden on his first day in office reverse the immigration policies of the Trump administration.  The Biden administration’s actions included reversing the ban on visa issuance and travel from Muslim-majority countries, placing an immediate pause on funding construction of a wall along the country’s southern border,... (See Article)

    Jan 25, 2021 9:34 AM

  • COVID-19: US State Policy Report – January 21, 2021

    This report captures the shifting state, territorial and local government policies and guidance in response to the COVID-19 pandemic and reopening of the economy in the US by tracking public information from official sources, such as gubernatorial comments, executive actions and guidance. The following states have new or updated information: Alabama, California, Colorado, District of... (See Article)

    Jan 25, 2021 9:34 AM

  • EEOC Revises Guidance on Religious Discrimination in the Workplace

    The Equal Employment Opportunity Commission (EEOC) has approved revisions to its Compliance Manual Section on Religious Discrimination (Guidance). The revised Guidance, approved on January 15, 2021, draws upon several U.S. Supreme Court opinions issued since the agency’s last significant update to its guidelines in 2008. Click here to read the rest of the article on the Jackson... (See Article)

    Jan 25, 2021 9:34 AM

  • Republik Sports Acquires Platinum Sports

    On January 18th, Republik Sports, LLC announced the acquisition of all Platinum Sport’s agents and clients. Republik Sports, LLC was founded in 2020 by Venezuelan agent, Rafa Nieves, and currently represents over 20 MLB players including Alex Colome, Jose Ramirez, Luis Castillo, Gregory Polanco, and Teoscar Hernandez.  Platinum Sports was founded by agent Nick Brockmeyer... (See Article)

    Jan 25, 2021 9:34 AM

  • CCPA Litigation Round-Up: Q3 & Q4 2020

    It has been a full year since the California Consumer Privacy Act (“CCPA”) took effect at the top of 2020. In the cases filed in the second half of the year, the complaints more frequently assert a violation of the CCPA as a standalone cause of action, though it remains common for a CCPA violation... (See Article)

    Jan 25, 2021 9:34 AM

  • New Telehealth Series: The “State” of Telehealth

    The Sheppard Mullin telehealth team is proud to announce the creation of a new series focusing on developments in telehealth on a state level. The series will include, among other things, blog posts and webinars on state telehealth related matters. As we recently reported in our December 7, 2020 (“Permanent Expansion of Medicare Telehealth Services”)... (See Article)

    Jan 25, 2021 9:34 AM

  • President Biden Orders OSHA to Release New COVID-19 Guidance

    On January 21, 2021, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to issue revised guidance to employers on workplace safety during the COVID-19 pandemic. OSHA was also directed to consider whether any emergency temporary standards on COVID-19 (including mandatory masks in the workplace) are necessary and to issue... (See Article)

    Jan 25, 2021 9:34 AM