vLex United States

  • FCA Policy Statement on extending the implementation deadlines for the Certification Regime and Conduct Rules

    On 28 October 2020, the FCA published Policy Statement 20/12: Extending the implementation deadlines for the Certification Regime and Conduct Rules (PS20/12). The changes in PS20/12 affect all FCA solo-regulated firms authorised to provide financial services under the Financial Services and Markets Act 2000. Appointed Representatives are in scope of the extension to the reporting... (See Article)

    Oct 30, 2020 5:33 PM

  • California’s New Requirements for Submission of Annual Data and Reporting Relating to COVID-19

    On March 31, 2021, and by March 31 of each subsequent year, California employers that employ 100 or more employees and are required to file an annual Employer Information Report (EEO-1) with the Equal Employment Opportunity Commission (EEOC) will be required to make an analogous filing with the California Department of Fair Employment and Housing (DFEH). The legislation, SB-973, is intended to address pay discrimination, noting that this new requirement stems from the fact that pay discrimination “harms families and the state’s economy,” and that women working full time in California made a median 88 cents to every dollar earned by men in 2016. (See Article)

    Oct 30, 2020 5:33 PM

  • Four Benefits of Technology-Assisted Review 2.0: Changing and Advancing Document Review

    As analytic workflows become more sophisticated, the question is no longer when should your case team use technology-assisted review (TAR) – but rather, when shouldn’t your case team use TAR. More frequently, case teams are opting to incorporate a TAR workflow to their default best practices for document review. This shift is made possible largely due to the invention of TAR 2.0, which is also known as continuous active learning, or CAL. (See Article)

    Oct 30, 2020 5:32 PM

  • On Eve Of November 2 Deadline, ONC Extends Compliance Dates For Implementation Of Cures Act Final Rule Requirements

    On October 29, 2020, the U.S. Department of Health and Human Services’ (HHS) Office of the National Coordinator for Health IT (ONC) released an interim final rule with comment period that extends the compliance dates and timeframes necessary to meet certain requirements related to information blocking and Conditions and Maintenance of Certification (CoC/MoC) requirements... (See Article)

    Oct 30, 2020 5:32 PM

  • TSCA Section 21 Petition Seeks Section 4 Test Rule for 54 PFAS

    On October 14, 2020, a coalition of non-governmental organizations (NGO) petitioned the U.S. Environmental Protection Agency (EPA) under Section 21 of the Toxic Substances Control Act (TSCA) to request that EPA require health and environmental effects testing on 54 per- and polyfluoroalkyl substances (PFAS). The petition seeks issuance of a rule or order under TSCA Section 4 compelling The Chemours Company (Chemours) to fund and carry out this testing under the direction of a panel of independent scientists. (See Article)

    Oct 30, 2020 5:32 PM

  • Data Privacy + Cybersecurity Insider - October 2020 #4

    CYBERSECURITY - Urgent Warning of Imminent Threat to Hospitals Issued by U.S. Government - On October 27, 2020, the FBI and the Department of Homeland Security (DHS) warned the health care industry about “an imminent cybercrime threat to U.S. hospitals and healthcare providers.” According to the warning, which was shared during a conference call, the government has received “credible information of an increased and imminent cybercrime threat to U.S. hospitals and healthcare providers.” The information was being shared with participants so they can take timely precautions to protect their networks from the threat. Please see full Publication below for more information. (See Article)

    Oct 30, 2020 5:32 PM

  • Hypersonics Race Raises National Security Concerns For U.S. Businesses

    U.S. government agencies are increasing scrutiny of the supply chain of companies developing hypersonic technologies used in military aircraft and missiles amid escalating tensions with China and Russia. Lowenstein Sandler LLP attorneys offer guidance on how companies and their counsel can take proactive steps to successfully complete transactions amid CFIUS and other national security reviews and regulations... Originally published in Bloomberg Law - October 30, 2020. (See Article)

    Oct 30, 2020 5:32 PM

  • New Jersey Governor Issues New COVID-19 Mitigation Protocols

    Wednesday, New Jersey Governor Phil Murphy issued Executive Order 192 (“EO 192”), creating additional COVID-19 mitigation protocols for New Jersey employers that will be effective on November 5, 2020 at 6:00 am. These new requirements are largely based on existing the United States Centers for Disease Control (“CDC”) guidance for employers... (See Article)

    Oct 30, 2020 5:32 PM

  • FinCEN Issues Ransomware Advisory

    The US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) recently issued an advisory to remind US businesses about some aspects of ransomware scams and attacks. (See Article)

    Oct 30, 2020 5:32 PM

  • Courts Find Coverage For COVID-19 Business Interruption Losses

    Policyholders are hailing two recent victories in their pursuit of insurance coverage for COVID-related business interruption losses. A North Carolina court granted a policyholder summary judgment that a commercial property insurance policy covers business interruption losses resulting from COVID-related government shutdown orders. Meanwhile, a Florida federal court determined a “virus exclusion” does not preclude a policyholder from pursuing insurance for COVID-related business interruption loss... (See Article)

    Oct 30, 2020 5:32 PM

  • EEOC Issues Final Rule for Issuing Policy Guidance

    Agency Seeks to Improve Public Awareness of the Commission’s Positions - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today issued a final rule that establishes procedural regulations for the agency’s issuance of guidance. The final rule provides clear procedures that will: make guidance documents readily available to the public, ensure that guidance is treated as non-binding and does not overstep legal authority, require a notice and public comment period for significant guidance, and establish a public petition process for the issuance, amendment, or repeal of guidance. (See Article)

    Oct 30, 2020 5:32 PM

  • Fall in Michigan: Safely Handling Deer/Automobile Accidents

    You did the right thing… you did not swerve but have hit a deer… now what? During the next couple of months there will be thousands of deer/car accidents in both rural and suburban Michigan. In fact, statistics suggest that there will be over 50,000 deer/car accidents during the 2020 calendar year... (See Article)

    Oct 30, 2020 5:32 PM

  • Maximizing Retail Opportunities Through New Distribution Hubs

    The rapidly changing face of retail is creating the need and opportunity to establish distribution centers closer to more consumers. Consequently, many municipalities are taking proactive steps to facilitate last-mile delivery solutions. (See Article)

    Oct 30, 2020 5:32 PM

  • Structured Thoughts - News For The Financial Services Community - October 2020

    On October 28, 2020, the U.S. Securities and Exchange Commission (SEC) Chairman Jay Clayton, together with the directors of three SEC divisions, issued a joint statement relating to complex financial products. The statement relates to a fairly broad group of products, but addresses in particular a number of sophisticated leveraged and inverse structured products, including ETFs and exchang- traded notes (ETNs)... Please see full Newsletter below for more information. (See Article)

    Oct 30, 2020 5:32 PM

  • Blog: Highlights from Cooley’s M&A Dealmakers Roundtable: SPACs!

    On September 24, Cooley M&A partner, Garth Osterman, moderated a webinar on the current trend in going public: SPACs! Dave Peinsipp, co-chair of Cooley’s capital markets practice group and Rama Padmanabhan, a Cooley M&A partner participated in the webinar which focused on the current wave of SPAC activity and how it compares to prior iterations, in addition to discussing some of the key differences and similarities between SPACs and IPOs, as well as current trends in SPAC business combinations (often referred to as the “de-SPAC” transaction). (See Article)

    Oct 30, 2020 5:32 PM

  • Florida Fair Housing Act Amendment Removes Requirement to Register and Renew “55 and Over” Communities

    The Florida Legislature recently amended the Florida Fair Housing Act by removing regulatory requirements imposed on age-restricted communities. Real estate developers have developed hundreds of age-restricted communities in Florida. (See Article)

    Oct 30, 2020 5:32 PM

  • Imminent Ransomware Attack Detected

    The CISA, FBI and HHS have issued an alert (https://us-cert.cisa.gov/ncas/alerts/aa20-302a) regarding an imminent threat to hospitals and health care providers. Federal agencies have credible information to suggest that a widespread Ryuk ransomware attack is imminent. The malware may already be in place on networks and waiting to be activated by the threat actors. (See Article)

    Oct 30, 2020 5:32 PM

  • Financial Daily Dose 10.29.2020 | Top Story: Stocks Lose Most Since June as Renewed Covid Fears Set In

    Wall Street had another come-to-Jesus day over the troubling recent Covid trends, as surging cases throughout the U.S. and across Europe drove markets to their worst performance since June. (See Article)

    Oct 30, 2020 5:32 PM

  • The Real Estate Market And The Impact Of COVID-19

    When the pandemic was announced, no one really knew the impact it was going to have on many of the markets. Even seven months later there are still many unknowns. However, one thing is certain right now - the real estate market is thriving... (See Article)

    Oct 30, 2020 5:32 PM

  • 2020 Supreme Court Update

    The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be keeping an eye on in the coming term, and what makes them so relevant? In this episode, we will highlight Supreme Court cases and trends, and the most important matters to note for the upcoming term. (See Article)

    Oct 30, 2020 5:32 PM

  • It’s The Great Pumpkin Charlie Brown - Lessons in Process Validation Through Continuous Monitoring

    Halloween is almost upon us and we celebrate the greatest Halloween cartoon in the history of the world, ever, “It’s the Great Pumpkin, Charlie Brown”, which premiered in 1966. As usual, the story revolves around the Peanuts gang, who are preparing for Halloween, Linus writes his annual letter to the Great Pumpkin, despite Charlie Brown’s disbelief, Snoopy’s laughter, Patty’s assurance that the Great Pumpkin is a fake, and even his own sister Lucy’s violent threat to make her brother stop. On Halloween night, the gang goes trick-or-treating. On the way, they stop at the pumpkin patch to ridicule Linus missing the festivities, just as he has done every year. (See Article)

    Oct 30, 2020 5:32 PM

  • Ransomware Targeting Hospitals and Healthcare Providers

    While fighting a surge of new coronavirus infections in many parts of the country, healthcare providers must also be prepared to defend against ransomware. On October 28, 2020, the FBI, the U.S. Department of Health and Human Services (HHS), and the Cybersecurity and Infrastructure Security Agency (CISA) issued a joint alert warning of  “credible information of an increased and imminent” cybercrime threat to U.S. hospitals and healthcare providers. (See Article)

    Oct 30, 2020 5:32 PM

  • California’s Proposition 24 – CCPA 2.0 Meets the California GDPR

    Proposition 24 is known as the California Privacy Rights Act of 2020 (CPRA). It is on the ballot in California on November 3, and if it passes it will amend and expand certain provisions of the California Consumer Privacy Act (CCPA). Some say it’s CCPA 2.0, however, there are some provisions that make the CPRA look more like the General Data Protection Regulation (GDPR) – the European data regulation that reshaped privacy rights in the European Union. (See Article)

    Oct 30, 2020 5:32 PM

  • Remember to Vote Before or On Tuesday, November 3rd!

    This is just a friendly reminder that Tuesday, November 3, 2020, is Election Day.  We encourage everyone to exercise your right to vote and ask that you encourage everyone you know to do so also. (See Article)

    Oct 30, 2020 3:33 PM

  • USF Tracker - October 2020

    Recent News - Contributions - On October 9, 2020, the FCC released an Order (FCC-20-142) further addressing the treatment of private line revenues under the USF program. The FCC affirmed the 2017 Private Line Order, in which the Wireline Competition Bureau (WCB) clarified the operation of the so-called “10% rule” for assessing contributions to the Fund. (See Article)

    Oct 30, 2020 3:32 PM

  • PE Fund Adviser Sanctioned by SEC for Fee Calculation Errors – Ordered to Disgorge Fees and Pay Fine, Totaling Nearly $1.2 Million

    On October 22, 2020, the SEC entered an order against a private equity fund adviser (that is also an exempt reporting adviser) for failing to accurately discount management fees as described in a managed fund’s limited partnership agreement (“LPA”). The firm was ordered to disgorge $1,026,642.02 ($901,760.91 before interest) of fees assessed between January 1, 2016 and October 1, 2019 (“Relevant Period”), and to pay a fine of $175,000 for violations of Section 206(2) and 206(4) of the Advisers Act. (See Article)

    Oct 30, 2020 3:32 PM

  • Litigation Privilege Saves the Day for Mechanic's Liens

    In RGC Gaslamp v. Ehmcke Sheet Metal Co., the Fourth Appellate District held that a trial court properly granted an anti-SLAPP motion because the recording of a mechanic’s lien is protected by the litigation privilege. (See Article)

    Oct 30, 2020 3:32 PM

  • So You Want to Sue Your School… DC Student Defense

    2020 UPDATE: Now that school is back in session, universities and colleges around the country are having to face a difficult task: risk management in the time of COVID-19. (See Article)

    Oct 30, 2020 3:32 PM

  • Four Ways Technology Assisted Review 2.0 Has Changed and Advanced Document Review

    As analytic workflows become more sophisticated, the question is no longer when should your case team use technology-assisted review (TAR) – but rather, when shouldn’t your case team use TAR. More frequently, case teams are opting to incorporate a TAR workflow to their default best practices for document review. This shift is made possible largely due to the invention of TAR 2.0, which is also known as continuous active learning, or CAL. (See Article)

    Oct 30, 2020 3:32 PM

  • Getting on the Same Page…of the Dictionary

    Have you ever had this scenario – multiple team members from different groups come to you frustrated because the working relationship between their groups is “broken?” Legal is saying they aren’t getting what they need, IT says they are providing what’s asked, and finance doesn’t understand why we are paying our outside vendor for something that the internal IT and legal teams are “supposed to do.” You are responsible for process improvement among these groups so the questions and frustration lands on your desk! This is a common issue. So common, in fact, that this was a big part of a recent Legal Operators webinar I attended. The good news is that the solution may be simple. (See Article)

    Oct 30, 2020 3:32 PM