vLex United States

  • Texas Amended Rule 106 on Substitute Service: Have You Been Served?

    Attempting to align the Texas legal system with current realities, effective December 31, 2020, Rule 106 of the Texas Rules of Civil Procedure is amended to allow substitute service by “social media, email, or other technology ….”  Indeed, any plaintiff faced with the previous options for substitute service (essentially, publication in a physical newspaper or... (See Article)

    Feb 26, 2021 7:32 PM

  • Navient Solutions & The High Bar to Involuntary Bankruptcy Petitions

    On February 8, 2021, three student loan borrowers filed an involuntary petition against Navient Solutions LLC in New York bankruptcy court seeking to force Navient into bankruptcy.[1]  Navient Solutions is the loan servicing arm of Navient Corporation, a student loan originator which manages approximately $300 billion in student loan debt for more than 12 million... (See Article)

    Feb 26, 2021 5:33 PM

  • Colorado Bar Journal

    Issue number #50-3 (March 2021) of publication Colorado Bar Journal is now available

    Feb 26, 2021 4:03 PM

  • The Future of the FTC, Part I

    On January 21, 2021, President Biden designated Federal Trade Commission (the “FTC”) Commissioner Rebecca Kelly Slaughter as acting chair of the FTC. Soon thereafter in one of her first speeches in her new role, Chairwoman Slaughter announced two substantive areas of priority for the FTC – the COVID-19 pandemic and racial equity. Read the full... (See Article)

    Feb 26, 2021 3:33 PM

  • Founder of digital-asset companies indicted in cryptocurrency scheme

    The Department of Justice has announced that a Serbian national has been indicted in respect to allegations he participated in a coordinated cryptocurrency scheme in which U.S. investors were solicited using fraudulent online investment platforms. Details of the announcement can be found here.

    Feb 26, 2021 1:54 PM

  • Washington Department of Revenue issues draft workforce education investment surcharge rule

    On February 17, 2021, the Washington Department of Revenue issued a Preproposal Statement of Inquiry regarding a proposed new rule for the business and occupation tax workforce education investment surcharge for select advanced computing businesses. A public meeting on the proposed rule is scheduled for March 10, 2021. Interested parties can submit written comments in... (See Article)

    Feb 26, 2021 1:33 PM

  • Client Advisory: Asia-Pacific 2020 Anti-Corruption Rankings: Transparency International’s CPI and the TRACE Bribery Risk Matrix

    Two important anti-corruption due diligence tools published their 2020 results in November 2020 and January 2021. While the results are largely consistent, there are some important differences and some key improvements and declines in the Transparency International 2020 Corruption Perceptions Index and the TRACE 2020 Bribery Risk Matrix. To comprehensively understand the risks and take... (See Article)

    Feb 26, 2021 11:32 AM

  • Waistbands Aren’t the Only Thing Requiring Flexibility During the Pandemic

    The Consolidated Appropriations Act of 2021 (“CAA”) offers significant relief for employers sponsoring flexible spending accounts. After much clamoring from the employer community, the IRS finally issued clarifying guidance in the form of Notice 2021-15 (the “Notice”). Check out our full Legal Update for details. (See Article)

    Feb 26, 2021 9:33 AM

  • New Jersey Risks Losing Cannabis Lead With Delayed Legalization Roll Out

    In November 2020, New Jersey residents voted to approve a constitutional amendment to legalize the possession and use of cannabis for persons age 21 and older and legalize the cultivation, processing, and sale of retail cannabis.  By passing this amendment, New Jersey was poised to take the lead in the adult-use cannabis market amongst its... (See Article)

    Feb 26, 2021 9:33 AM

  • Fausses déclarations sur le questionnaire des symptômes de la COVID 19 : peine capitale confirmée en arbitrage

    Dans une décision rendue le 21 décembre 2020, l’une des premières en la matière au Québec, un arbitre confirme le congédiement d’une salariée pour avoir fait défaut de répondre honnêtement au questionnaire des symptômes de la COVID‑19 imposé par l’employeur au début de chaque journée de travail. Les faits de cette affaire L’employeur, une entreprise... (See Article)

    Feb 26, 2021 9:33 AM

  • Short Take: The Bachelorette and The Safety Net

    Ex-Voxer Ezra Klein takes on an extremely complicated and highly controversial issue at the New York Times addressing the tipping point between enabling sloth and the dignity of poverty labor. It’s a fascinating issue, and if it interests you, you should go there and let Ezra know what you think, because that’s not the focus... (See Article)

    Feb 26, 2021 9:33 AM

  • Investors Speak: Diversity Matters

    It’s no secret that environmental, social, and governance (ESG) factors are at the forefront of the national conversation surrounding social equity.  These same factors are influencing decisions by institutional investors.  A new Ernst & Young survey reports that, when making investment decisions, institutional investors are closely analyzing diversity, equity, and inclusion efforts in the board... (See Article)

    Feb 26, 2021 9:33 AM

  • PAGA: It Doesn’t Matter Where You Live or Work

    On Wednesday, a panel of the California Court of Appeal’s First District unanimously held that venue for an action alleging violation of California’s Private Attorneys General Act (“PAGA”) is proper in any county where an allegedly aggrieved employee worked and suffered violations of the Labor Code. In Crestwood Behavioral Health, Inc. v. Superior Court of... (See Article)

    Feb 26, 2021 9:33 AM

  • New and Altered Hazard Communication Requirements Coming Soon

    Earlier this month, the Occupational Safety and Health Administration (“OSHA”) announced proposed amendments to the Hazard Communication Standard (“HCS”) in 29 CFR 1910.1200. The last time OSHA amended the HCS was in 2012 to align the standard with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (“GHS”) and to create consistency with... (See Article)

    Feb 26, 2021 9:33 AM

  • What Do I Need to Do and By When? A Global LIBOR Transition Timeline

    With 2021 in full swing, we have received a number of queries from our clients trying to sort out the competing recommended best practice milestones for preparing for the transition from LIBOR to alternative reference rates. To assist in this analysis, we have prepared a matrix—Summary of LIBOR Transition Recommendations for Key LIBOR Currencies—setting forth... (See Article)

    Feb 26, 2021 9:33 AM

  • US Executive Branch Update – February 22, 2021

    This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases. POTUS’ Schedule* 9:45 a.m. EST – The President receives the President’s Daily Brief | Oval Office 12:05 p.m. EST – The President makes an announcement related to small businesses | South Court Auditorium 6:00 p.m.... (See Article)

    Feb 26, 2021 9:33 AM

  • Clearview and Blackbaud – Where are we, how did we get here, and where are we going?

    As CPW readers may recall, in December 2020, two notable data privacy multidistrict litigations (“MDLs”) were created:  In re: Clearview AI, Inc., Consumer Privacy Litigation (“Clearview”) and In re Blackbaud, Inc. (“Blackbaud”). Since then, each case has experienced a few developments.  Read our summary of developments below, and be sure to subscribe to CPW to... (See Article)

    Feb 26, 2021 9:33 AM

  • Why You Should Reuse and Repurpose Your Content on LinkedIn

    Did you know that there’s absolutely no way for every single person who is a connection of yours on LinkedIn to see every single post of yours. In fact the odds are against you that they will see your posts. That’s because of the time of day that they are on LinkedIn, when you post,... (See Article)

    Feb 26, 2021 7:33 AM

  • Sign Up Now For Seyfarth’s 17th Annual Workplace Class Action Litigation Report Webinar!

    By: Gerald L. Maatman, Jr., Ian Morrison, Brett Bartlett, and Kerry Friedrichs Seyfarth Synopsis: Please join us on Tuesday, February 23rd for the 17th Annual Workplace Class Action Litigation Report webinar! Register now to secure your spot and review the workplace class action developments of 2020 and what employers should expect for 2021. In Seyfarth’s 17th Annual Workplace Class Action Litigation Report... (See Article)

    Feb 26, 2021 7:33 AM

  • Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate

    As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation.  When the reimbursements, however, are unreasonable or out of whack (i.e. too high) as regards the particular expense, then the USDOL takes the position that the reimbursements are really a backdoor way of paying the employee... (See Article)

    Feb 26, 2021 7:33 AM

  • Virginia Moves Closer To Be The Second State To Enact Major Privacy Legislation

    As we previously reported, significant data privacy bills, titled the Consumer Data Protection Act, are working their way through the Virginia legislature. If enacted, Virginia would be the second state to enact major data privacy legislation of general applicability. (See Article)

    Feb 26, 2021 7:33 AM

  • Fastest 5 Minutes: Suspension/Debarment, False Claims Act, and Oversight

    This week’s episode covers suspension and debarment, False Claims Act developments, and oversight relating to the pandemic response, and is hosted by partner Peter Eyre and associate Gabby Trujillo. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government... (See Article)

    Feb 26, 2021 7:33 AM

  • Chopra confirmation hearing reported to be scheduled for March 2

    According to the Consumer Bankers Association, the Senate Banking Committee will hold a hearing on March 2, 2021 to consider President Biden’s nomination of Rohit Chopra to serve as CFPB Director.  The nomination was officially received by the Senate on February 13.   (See Article)

    Feb 26, 2021 7:33 AM

  • BLM Mural Held Government Speech

    A group called “Women for America First” didn’t so much object to the painting of Black Lives Matter on a New York City street. They just wanted their turn. After all, if one political point of view gets to use Fifth Avenue to express its message, how can the government deny others the same opportunity?... (See Article)

    Feb 26, 2021 7:33 AM

  • Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter

    Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site with COVID-19 news and developments, recommendations from leading health organizations, and tools that businesses can... (See Article)

    Feb 26, 2021 7:33 AM

  • DOL Withdraws Opinion Letters Regarding Sleeper Berth Time, Independent Contractor Status

    Continuing its early pattern of reversing positions adopted during the former administration, on February 19, 2021 the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) withdrew two more Opinion Letters. The first, Opinion Letter FLSA2019-6, addressed whether service providers for a virtual market company were properly classified as independent contractors or... (See Article)

    Feb 26, 2021 7:33 AM

  • New Jersey becomes officially the (lucky?) 13th state to fully legalize marijuana for adult use

    As reported in this local article, “New Jersey on Monday officially became the 13th state to legalize marijuana, as Gov. Phil Murphy signed into law three bills putting into effect a ballot question overwhelmingly supported by voters last year.” Here is more about a big deal long in development that… (See Article)

    Feb 26, 2021 7:33 AM

  • Four Takeaways from the CFPB’s First Lawsuit in the Post-Kraninger Era

    On February 22, 2021, the Consumer Financial Protection Bureau (CFPB) filed its first lawsuit since the election and the resignation of former Director Kathy Kraninger. The lawsuit alleges that the defendant engaged in deceptive and abusive practices by charging detained immigrants large upfront and monthly fees to arrange for payment of immigration bonds securing the... (See Article)

    Feb 26, 2021 7:33 AM

  • Battle Royale, Data Scraping Edition: The hiQ v. LinkedIn Saga Continues

    CPW has previously covered the state of play for data scraping litigation in the context of hiQ’s and LinkedIn’s ongoing dispute.  For an update on this litigation, read on below. As a reminder, data scraping is a mechanism of extracting data from websites (including websites not available to the public and accessible only to individuals... (See Article)

    Feb 26, 2021 7:33 AM

  • Illinois Legislature Seeks to Limit Use of Restrictive Covenants

    Two bills were recently introduced in the Illinois legislature that seek to limit or preclude the use of restrictive covenants for Illinois employers. First, on February 19, 2021, the Illinois House of Representatives introduced House Bill 3066 (accessible here), which seeks to eliminate the use of non-competition and non-solicitation restrictive covenants against Illinois employees unless... (See Article)

    Feb 26, 2021 7:33 AM