Alerts

On October 20, 2022, the New York Court of Appeals ― the highest court in New York ― issued its opinion in In the Matter of Independent Insurance Agents and Brokers of New York Inc., et al. v. New York State Department of Financial Services, et al.

On October 25, 2022, the Supreme Court of Georgia answered a certified question from the Eleventh Circuit Court of Appeals concerning Georgia’s insurable interest statute, OCGA § 33-24-3 (1995).

The “Foreign Adversary Communications Transparency Act” (FACT Act), introduced by Congresswoman Elise Stefanik (R-NY), would require the Federal Communications Commission (FCC) to publish a list of every entity that both holds an FCC license or authorization.

In a recent US EPA letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use the “whole of government” to address what it believes are long-standing civil concerns.

There is often an assumption that restrictive covenants entered into in connection with a sale of business will be enforceable, even if they are broader in scope of time, geography, and restricted activity than would otherwise be acceptable to a court. 

On October 18, 2022, US Customs and Border Protection (CBP) published the long anticipated final rule for the modernization of Customs broker regulations under 19 CFR part 111.

Headlines that Matter for Privacy and Data Security.

Headlines that Matter for Companies and Executives in Regulated Industries

As we move toward two full years of the Biden Administration, we can see the US Environmental Protection Agency’s (EPA) environmental justice (EJ) efforts move from the creation of new offices and guidance materials toward seeing EJ-focused changes occurring in EPA’s efforts.

On October 14, 2022, the US Environmental Protection Agency (EPA) proposed changes to its New Source Review (NSR) regulations that would expand the number of projects that trigger NSR permitting at existing facilities by requiring that all major stationary sources consider fugitive emissions.

Businesses defending class actions under the Illinois Biometric Information Privacy Act (BIPA) have struggled to defeat claims in recent years, as courts have rejected a succession of defenses.

The death of the London InterBank Offered Rate (LIBOR) in the US may involve its coming back to life through ‘Zombie’ LIBOR.

Prop 65 Counsel: What To Know

Five Questions, Five Answers

Governor Newsom signed SB 1162 into law on September 27 (effective January 1, 2023), imposing several new wage transparency reporting requirements on employers in California, and aligning California with Washington, Colorado, and New York City, which have passed similar laws in recent months.

Headlines that Matter for Companies and Executives in Regulated Industries

Passed in August of this year, the Inflation Reduction Act (IRA) was heralded by many as a landmark piece of climate legislation in the United States. The IRA’s tax credits for electric vehicles were among its most anticipated benefits. The direct benefits appear to be slow in emerging.

The US and EU have ramped up their enforcement initiatives to eliminate forced labor in supply chains. Importers, particularly in the fashion, electronics, solar, and automotive industries, should review the updated DOL List of Goods Made with Child Labor or Forced Labor for potential future CBP.

The US Securities and Exchange Commission (SEC) has filed an enforcement action against crypto influencer Ian Balina in the Western District of Texas alleging that he promoted unregistered securities in connection with the Initial Coin Offering (ICO) of Sparkster, Ltd.’s Sparkster tokens (SPRK).

On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA).

As detailed in our previous alerts, the Section 301 statute (19 USC § 2417), includes a “termination provision” stating that the Section 301 tariffs will terminate after a period of 4 years, unless a representative of the domestic industry submits a written request for their continuation.

Knowing who owns legal entities is essential to stopping terrorism, money laundering, and other sophisticated criminal enterprises. For entities formed in the United States there has never been a requirement to disclose ownership. But that’s about to change.

Following the enactment of the Inflation Reduction Act (IRA) on August 16, the US Treasury Department (Treasury) and the Internal Revenue Service (IRS) recently issued six notices.

Five Questions, Five Answers

As part of advancing the independent scope of practice for nurse practitioners, California has revised its statutory scheme to further refine practice expectations.