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2020 Cost of Living Adjustments
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Beauty from Innovation in Advanced Transportation: A Conversation About Accessibility
July 29, 2019 Delaware Supreme Court Allows Caremark Claim to Proceed Against... by: John P. Stigi III and John M. Landry CFPB Seeks Comment on Replacing Temporary GSE Patch Under Ability to... by: Richard J. Andreano, Jr. A Summary of Connecticut’s “Time’s Up Act” and Consequences for... by: Brie Kluytenaar Tapioca Express to Pay $102,500 to Settle EEOC Sexual Harassment... by: U.S. Equal Employment Opportunity Commission Maine and New Hampshire Join National Trend, Enacting Laws... by: David J.
Why Startups Should Treat Data Privacy as a Cultural Issue
May 14, 2019 CFTC Division of Enforcement Releases First Public Enforcement Manual by: Michael W. Brooks and Joshua Robichaud The Restatement of the Law, Consumer Contracts: What is it and Why... by: Barbara S. Mishkin Massachusetts Paid Family and Medical Leave Update: Template Notices... by: Mark H. Burak and Robert M. Shea Are P3s the Answer to U.S. Infrastructure Issues? by: Albert E. Dotson, Jr. and Eric Singer In a Battle of Conformity and Preemption, Arbitration Prevails by: Larry P.
The Truth About Penalty and Interest Abatement with the IRS
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Michigan Paid Medical Leave Act Affects Agricultural Employers | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
63 Breaches in 6 Weeks of the New Data Breach Regime
It’s been just over 6 weeks since the government’s notifiable data breach scheme came into force and the Office of the Australian Information Commissioner (OAIC) has revealed it has received 63 reports of data breaches since the scheme’s start date of February 22. The figure released as part of the OAIC’s first quarterly report on the scheme.
Summary of Latest Food Policies
In the last week there have been a number of interesting developments in food policy. Each is in early development, but worthy of a brief note. President Trump, in a meeting regarding Chinese tariffs with Republican lawmakers from agricultural states, indicated a willingness to reconsider participation in the Trans-Pacific Partnership (TPP), perhaps as a means of blunting the impact of retaliatory tariffs.
April is Distracted Driving Awareness Month
We've all had that one "oh no" moment when we were distracted while driving or witnessed another driver who was completely unaware of what was happening around them on the roadway because they were distracted by something. Distracted driving claimed 3,477 lives and injured 391,000 people in 2015. The National Highway Traffic Safety Administration (NHTSA) estimates that there are at least 660,000 drivers during daylight hours who are using electronic devices every day on our roadways.
The price administrators paid for “irrational” removal of receivers.
Administrators are statutorily entitled to require a receiver to vacate office (paragraph 41 Schedule B1 Insolvency Act 1986 (“Schedule B1”)). In Promontoria (Chestnut) Ltd v Craig and another [2017] EWHC 2405 (Ch) they did just that, taking steps to remove existing receivers not long after their appointment, claiming the action to be in the interests of all the creditors. On the facts, that decision was not only unreasonable but costs were also awarded personally against the administrators.
Open Letter From Iowan Biofuel Producers Urges Protection Of RFS
On April 6, 2018, a coalition of biofuel producers wrote to Senator Chuck Grassley (R-IA) and Senator Joni Ernst (R-IA) urging them to reach out to President Trump to protect the Renewable Fuel Standard (RFS) program. EPA, under the direction of Administrator Scott Pruitt, recently provided a large oil refining company, Andeavor, with a hardship waiver.
DOE Announces Call For Proposals For BIRD Energy Funding
On April 4, 2018, the U.S. Department of Energy (DOE) announced a funding opportunity for 2018 through Binational Industrial Research & Development (BIRD) Energy, a joint U.S.-Israel industrial research and development (R&D) program for renewable and energy efficiency technologies.
What Lessons Can We Take From The Administration’s Refusal to Allow Idaho to Dismantle the ACA Marketplaces?
In early January, Idaho Governor Butch Otter signed an executive order (EO) directing the state’s Department of Insurance (DOI) to “seek creative options” to expand “access” to health insurance coverage for Idahoans.
Association Health Plans Expansion And “Cadillac” Tax Delay
The Department of Labor (DOL) recently published a proposed rule that would expand the ability of groups of unrelated employers (including sole proprietorships and self-employed individuals) to join together to form a single insured health plan for certain legal purposes. This type of plan is often referred to as an “association health plan” (AHP).
USCIS Announces Suspension of Premium Processing for FY 2019 H-1B ‘Cap’ Petitions
The announcement from the US Citizenship and Immigration Services came as a surprise and could create significant uncertainty for H-1B petitioners and the beneficiaries of cap-subject H-1B petitions. The US Citizenship and Immigration Services (USCIS) announced on March 20 that it will suspend premium processing for all H-1B petitions that are subject to the Fiscal Year (FY) 2019 numerical cap.
US Supreme Court Puts the Brakes on IRS Obstruction Prosecutions
Paying a waiter or babysitter in cash could have constituted a felony tax obstruction offense under the government’s expansive interpretation of the obstruction statutes. The March 21 ruling by the US Supreme Court places a limit to that interpretation, requiring the government to provide fair warning on the felony line. In a 7-2 decision in Marinello v.
U.S. Agriculture Secretary Visits with Michigan Farmers
U.S. Agriculture Secretary Sonny Perdue was in West Michigan in early February to meet with Michigan farmers.
California Considers Regulating Food Packaging under Green Chemistry Initiative
As part of its Green Chemistry Initiative and the Safer Consumer Products (SCP) implementing regulations, California’s Department of Toxic Substances Control (DTSC) has released its Draft Three Year Priority Product Work Plan (2018-2020).
United Kingdom Establishes IoT Security Principles
The UK government recently released a policy paper outlining proposed requirements for makers of Internet of Things (IoT) devices to take certain actions to better protect IoT devices from growing cybersecurity threats. Secure by Design: Improving the cyber security of consumer Internet of Things Report was released by the UK’s Department for Digital, Culture, Media & Sport and contains a draft Code of Practice for manufacturers of consumer IoT devices and services.
The DOL's New Payroll Audit Independent Determination Program
Recently, the Wage and Hour Division (“WHD”) of the federal Department of Labor announced a new pilot program called the Payroll Audit Independent Determination (“PAID”) program. The program is intended to facilitate quick resolution of potential overtime and minimum wage violations of the Fair Labor Standards Act. The WHD hopes that the program will be used by employers to resolve claims without litigation and that the program will improve employer compliance with the FLSA.
Farm Bureau Asks Court to Block Obama WOTUS Rule
According to Michigan Farm News, the American Farm Bureau Federation (AFBF), the Texas Farm Bureau and other members of a broad industry and agricultural coalition have asked a federal district court in Texas to issue a nationwide stay blocking the Obama administration’s 2015 “Water of the U.S.” rule from taking effect on farms and ranches across the nation.
US Supreme Court Upholds State Court Jurisdiction for Class Actions Under Securities Act of 1933
In a decision that has implications for both corporate and individual defendants, the US Supreme Court ruled that class actions being brought under the Securities Act of 1933 must remain in state court. As a result, defendants may have to litigate 1933 Act class actions in multiple jurisdictions, whether both state and federal courts or more than one state court, leaving defendants with greater risk and higher litigation costs. On March 20, in Cyan, Inc. v.
FERC Announces Tax Reform Actions and Eliminates Income Tax Allowance for Master Limited Partnerships
FERC announced actions in response to the 2017 tax reform legislation and a revised income tax policy, which eliminates the income tax allowance for Master Limited Partnerships. Regulated entities should ensure that they comply with FERC’s orders regarding the treatment of income taxes and consider whether to file comments on the proposed rulemaking and notice of inquiry.
Blockchain Technology May Enable Tracing in Securities Act Litigation
Blockchain technology is creating an ecosystem designed to accommodate peer-to-peer transactions without a trusted administrator or intermediary.1 On a blockchain platform, direct transactions are underpinned by blockchain's establishment of an incontrovertible chain of custody over the item being transferred: be it a car, real estate or a piece of fruit.2 Legislators have begun to facilitate the implementation of this new technology.
One-Year Correction Period Standard In Construction
I recently saw a commercial that trumpeted a 10-year or 100,000-mile powertrain warranty on a $14,000 car. The next day, I was on the phone with a contractor who insisted that he would only guarantee his work on a multimillion-dollar building for one year. How was it possible for me to get a 10-year warranty on an inexpensive car, but my client could not get a more substantial warranty on a project that was 200 times more expensive?
South Dakota Passes Breach Notification Law, Leaving Alabama the Only U.S. State Without a Breach Notification Law
On March 21, 2018, South Dakota Governor Daugaard signed S.B. 62, enacting the state’s first data breach notification law, which will go into effect July 1, 2018. Previously, Alabama and South Dakota were the only U.S. states without data breach notification. As of July 2018, Alabama will be the last state without a data breach notification law, though this may soon change.
Ethics Survey Reveals Increase in Perceived Whistleblower Retaliation and Increased Pressure to Compromise Ethical Standards
The Ethics & Compliance Initiative has released a Global Business Ethics Survey (GBES) that includes several significant findings that are consistent with what we are observing in our practice representing whistleblowers in SEC whistleblower rewards and Sarbanes-Oxley whistleblower retaliation claims: According to the Ethics & Compliance Initiative, the GBES “is a rigorous, multi-country inquiry into worker conduct and workplace integrity, providing insight into workplace ethics in both...
Update: EDEKA “Wedding Rebates” – German Federal Supreme Court Answers Key Questions on Abuse of Relative Market Power
Germany’s Federal Supreme Court (Bundesgerichtshof – BGH) has now published its full judgment in EDEKA – wedding rebates (case KVR 3/17) on allegedly anti-competitive requests for preferential rebates and conditions by food retailers. For background on the preceding decisions of the Federal Cartel Office (Bundeskartellamt – BKartA) and Higher Regional Court of Düsseldorf (OLG Düsseldorf) please see our previous post.
Tribes Benefited by Amended Child Protection Laws
On March 7, Gov. Snyder signed legislation to amend the Child Protection Law, allowing the Michigan Department of Health and Human Services to share information from an Indian child’s protective services case with tribal representatives. Previously, the Child Protection Law prohibited the Department of Health and Human Services (DHHS) from sharing confidential information with tribal representatives regarding alleged abuse or neglect of an Indian child.
MI Lawmakers Working Diligently on Resolving Issues
Aaron's practice is primarily focused on commercial litigation - in Michigan and around the country. His practice includes complex contract and corporate governance disputes, telecommunications and energy matters, and health care litigation. Most recently Aaron has been representing over 60 companies in lawsuits against Blue Cross Blue Shield of Michigan for ERISA violations (first trial resulted in $6 million judgment).
Tax Takes Video: Should I Convert My Entity?
Alexander Lee focuses his practice on domestic and international transactional tax matters. He concentrates his practice on public and private mergers and acquisitions, lending and finance, and capital markets, with an emphasis on cross-border transactions and corporate transactions involving Asian clients. Alexander has experience dealing with large multinational corporations and emerging technology companies in a broad range of corporate and tax issues.
U.S., U.K., and E.U. Regulators Turn Focus to IoT
The “Internet of Things” (IoT)—the network of consumer devices connected to the Internet through digital connections and sensors—has dramatically grown over the past five years. A McKinsey analysis estimated that the potential annual economic impact of IoT in 2025 could be between $4 trillion and $11 trillion, with value accruing in manufacturing, urban spaces, human wellness, retail, autonomous vehicles, homes, and other sectors. An analysis by Gartner, Inc.
Bridging the Week: March 12 to 16 and 19, 2018 (Swaps De Minimis Level; SLR; SEFs; Insider Trading; ICOs) [VIDEO]
J. Christopher Giancarlo, Chairman of the Commodity Futures Trading Commission, laid out his priorities for the remainder of 2018 in a speech before the FIA at its annual conference last week. Unrelatedly, the Securities and Exchange Commission filed suit against the former chief information officer of a division of a major company that was hacked and sustained a substantial data breach last year for trading on knowledge of the breach prior to public disclosure of the incident.
Expanded Beer, Wine and Spirits Sale and Delivery Options in Michigan Now Include On-Line Purchases
If your on-line grocery list looks similar to my typical assortment of items, a snapshot would undoubtedly include eggs, pretzels, Twinkies (love those mysterious carb-filled creations!) and, if the list was generated post March of 2017 in Michigan, a six pack or a 750 ml bottle of your favorite alcoholic beverage for the weekend.
Last Chance For Taxpayers: Offshore Voluntary Disclosure Program Will End September 28, 2018
On March 13, 2018, the Internal Revenue Service (the "Service") announced its plan to close its 2014 Offshore Voluntary Disclosure Program (OVDP) effective Sept. 28, 2018. The Service indicated that its announcement was intended to provide notice to taxpayers early enough to allow them to take advantage of the program before the closing date. The current OVDP began in 2014 and is a modified version of prior programs offered in 2012, 2011, and 2009.
OFCCP Issues First Directive Under Trump Administration
Since the beginning of the Trump Administration, federal contractors have been waiting to see what changes the new administration would make to the Office of Federal Contract Compliance Programs (“OFCCP”). Thus far, the greatest change has been more style than substance, with OFCCP officials expressing a desire to have a better relationship with the government contractor community. Late last month, however, OFCCP issued its first new directive since President Trump took office.
Federal Election Commission To Revise Internet Regulations
The Federal Election Commission (FEC) unanimously approved a Notice of Proposed Rulemaking, beginning the formal process of amending the agency’s regulations on internet political disclaimers. The proposal and the Commissioners’ comments at the hearing reflect a fair amount of consensus on how to refashion rules that have been the source of significant disputes over the past decade. Here are a few key points about yesterday’s action. Moderation Won the Day.
Regulatory Relief: It’s About Time
In November 2016, with the election results confirmed, the banking industry was awash in hopes for a more lenient regulatory posture. To date, the industry has seen no reform. However, on March 14, 2018, the Senate passed and sent to the House of Representatives the bipartisan Economic Growth, Regulatory Relief and Consumer Protection Act (S. 2155) (the “Consumer Protection Act”). Below we provide a brief summary of some of the Consumer Protection Act’s major provisions.
West Virginia High Court Affirms Insurance Company’s Interpleader
On March 13, 2018, the West Virginia Supreme Court of Appeals held that an insurance company can pay the proceeds of a life insurance policy into the court when there is a dispute as to who is the rightful beneficiary. At issue in Nationwide v. Eva Dawn Compton, et al., was the interpleader rule which allows an uninterested third party who holds money or property to compel parties with conflicting claims to that money or property to adjudicate their rights in a single suit.
EPA Seeks Input from Small Businesses for Proposed Rule on Five Persistent, Bioaccumulative, and Toxic (PBT) Chemicals
WASHINGTON – The U.S. Environmental Protection Agency (EPA) is seeking nominations from individuals who represent small businesses, small governments, and small not-for-profit organizations to provide input to a federal panel on a proposed rule by June 2019. The proposed rule seeks to reduce exposures from five persistent, bioaccumulative, and toxic (PBT) chemicals.
FCC Initiates Proceeding to Speed Launch of Innovative Technologies and Services
The introduction of new and innovative communications and consumer electronics technologies typically requires years-long FCC proceedings to change service rules and technical requirements applicable to the use of radio spectrum, the products authorized to operate on these frequencies, and requirements surrounding the operation and use of new wired communications technologies.
EC Publishes Notices on the Consequences of Brexit for the Financial Services Sector
On February 8, the European Commission’s Directorate General for Financial Stability, Financial Services and Capital Markets (DG FISMA) published a webpage containing a number of notices to financial services stakeholders highlighting the consequences of Brexit on: The notices, which various EC Directorates General are publishing in relation to different sectors, aim to set out the consequences of the United Kingdom withdrawing from the European Union and becoming a third- country, and...
The 5 Keys to a Great Law Firm Website [INFOGRAPHIC]
I’m going to state something that may raise a few eyebrows and it’s this: your law firm’s website is the most important real estate you own. You could own the biggest home in an upscale neighborhood or a beach home at the ocean, but when it comes to growing your business, your website is your prime piece of real estate. Because while people still let their fingers do the walking, it’s on their keyboards, tablets and smartphones these days.
UK Government Guarantees Gibraltar Financial Services Firms’ Access to UK Markets
On March 8, the UK government’s Department for Exiting the European Union (DExEU) published a statement guaranteeing Gibraltar financial services firms with continued access to UK markets from now until 2020. DExEU goes on to state that, in the meantime, the UK government will work closely with the government of Gibraltar to design a replacement framework that will last beyond 2020.
Frances McDormand on "Inclusion Riders" for More Diversity
Oscar-winner Frances McDormand ended her acceptance speech with a reference to two words – “Inclusion Rider” – that sent many Oscar viewers scrambling to Google her cryptic message. But the term, and its legal implications, are somewhat more complicated than several news and entertainment outlets are reporting today. The term “inclusion rider” was coined a few years ago by Dr. Stacy Smith, the founder and director of the Annenberg Inclusion Initiative at USC.
Chilling Effect of Proposed EB-5 Investment Amounts on EB-5 Regional Centers in Rural States
Lawmakers are again considering changes to the EB-5 Program. In fact, before the end of this month, we may see provisions from the “Immigrant Investor Visa and Regional Center Program Comprehensive Reform Act” or “EB-5 Reform Act,” which is still circulating in draft form, packaged into an omnibus appropriations bill. This is consistent with what we thought may happen last October, when we predicted that changes to the EB-5 Program could come through an omnibus bill.
President Trump Imposes Steel and Aluminum Tariffs, Announces Process for Seeking Exemptions and Exclusions
On March 8, 2018, President Trump issued two proclamations announcing tariffs on steel and aluminum imports to the United States. As foreshadowed on March 1, the tariff levels will be 25 percent on steel imports and 10 percent on aluminum imports. These tariffs will go into effect on March 23.
EPA Awards $8.7 Million to Clean Up More Than 450 School Buses in 32 States
WASHINGTON (March 8, 2018) – Today, the U.S. Environmental Protection Agency (EPA) awarded more than $8.7 million to replace or retrofit 452 older diesel school buses. The funds are going to 141 school bus fleets in 32 states, each of which will receive rebates through EPA's Diesel Emissions Reduction Act (DERA) funding. The new and retrofitted buses will reduce pollutants that are linked to health problems such as asthma and lung damage.
Congress Proposes Change to Ryan Haight Act to Allow Telemedicine Prescribing of Controlled Substances
It seems the efforts of telemedicine advocates to change federal law and allow greater prescribing of controlled substances are no longer falling on deaf ears. Congress just released a pair of draft discussion bills to amend the federal Ryan Haight Act.
Alvarado v. Dart Container Corporation of California
On March 5, 2018, the California Supreme Court issued its decision in the Alvarado v. Dart Container Corporation of California case. The Court’s decision will have far reaching consequences for employers throughout the state by fundamentally changing how overtime is calculated.
Complex Claim Construction Issues in Knowles Electronics v. Cirrus Logic
A recent Federal Circuit case demonstrates the complexity of resolving difficult claim construction issues in multiple agency and court proceedings. In Knowles Electronics v. Cirrus Logic the Federal Circuit declined to apply its own prior claim interpretation of the same term of the same claims of the same patent.
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