vLex United States

  • Fordham Urban Law Journal

    Issue number #46-4 (June 2019) of publication Fordham Urban Law Journal is now available

    Aug 24, 2019 5:07 AM

  • USA Today Magazine

    Issue number #147-2890 (July 2019) of publication USA Today Magazine is now available

    Aug 24, 2019 5:07 AM

  • Mississippi Business Journal

    Issue number #41-28 (July 2019) of publication Mississippi Business Journal is now available

    Aug 24, 2019 5:07 AM

  • Arkansas Business

    Issues #36-31 (August 2019) and #36-30 (July 2019) of publication Arkansas Business are now available

    Aug 24, 2019 5:07 AM

  • Los Angeles Business Journal

    Issue number #41-31 (August 2019) of publication Los Angeles Business Journal is now available

    Aug 24, 2019 5:07 AM

  • The American Conservative

    Issue number #18-5 (September 2019) of publication The American Conservative is now available

    Aug 24, 2019 5:06 AM

  • DHS and HHS announce new rule terminating the Flores Settlement Agreement

    The Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) announced a new rule that will terminate the Flores Settlement Agreement (FSA.) The FSA had regulated the detention of immigrant minors and families with minors. The DHS and HHS noted that they are issuing final regulations that implement “[t]he ability of U.S. Immigration and Customs Enforcement (ICE) to maintain family unity by holding families with children in licensed facilities or facilities that meet ICE’s family residential standards, as evaluated by a third-party entity engaged by ICE (in the event that licensing is not available through the State).” See Press Release.

    Aug 23, 2019 9:24 PM

  • Shareholder “Appraisal” Action Can Trigger D&O Insurance Coverage, According to Delaware Court

    “In a significant ruling of first impression, Solera Holdings, Inc. v. XL Specialty Insurance Co. (“Solera”), the Delaware Superior Court recently held that a corporation might find coverage in its directors and officers (“D&O”) liability insurance for defense costs and prejudgment interest in a statutory shareholder “appraisal” lawsuit. Solera strongly supports policyholders’ arguments for coverage of appraisal actions under key D&O policy provisions and confirms that D&O insurance may be a valuable asset in the event of a merger that results in appraisal litigation by dissenting shareholders seeking ‘fair value.’” See Article.

    Aug 23, 2019 9:15 PM

  • 3rd Circuit Court: time-barred claim allowed due to PA application of rule of separate accrual

    On June 21, the 3rd Circuit Court of Appeals held that a cement manufacturer’s claims relating to the theft of trade secrets that occurred more than three years before the manufacturer filed suit are time-barred, but held that because Pennsylvania applies the rule of separate accrual to continuing trade secret misappropriations, the manufacturer may sue for misappropriations that occurred within the three-year period before filing. See Decision.

    Aug 23, 2019 9:14 PM

  • Trump 'Seriously' Considers Ending US Birthright Citizenship

    “President Donald Trump on Wednesday reiterated a promise to do away with birthright citizenship merely by issuing an executive order that will, in effect, negate part of the U.S. Constitution."We're looking at that very seriously, birthright citizenship," said Trump , who previously promised to unilaterally end birthright citizenship. Trump has always shown contempt for birthright citizenship, which he sees as another form of illegal immigration.” See Article.

    Aug 23, 2019 8:40 PM

  • 5th Circuit Court: ICWA constitutional

    On August 9, the 5th Circuit Court held that the Indian Child Welfare Act of 1978 (ICWA) and the 2016 administrative rule (Final Rule) are “constitutional because they are based on a political classification that is rationally related to the fulfillment of Congress's unique obligation toward Indians; ICWA preempts conflicting state laws and does not violate the Tenth Amendment anticommandeering doctrine; and ICWA and the Final Rule do not violate the nondelegation doctrine.” See Decision.

    Aug 23, 2019 8:34 PM

  • SEC Proposes to Modernize Disclosures of Business, Legal Proceedings and Risk Factors Under Regulation S-K

    “On August 8, the SEC announced that it has voted to propose rule amendments to modernize and simplify certain disclosures required pursuant to Regulation S-K since the regulation was first adopted over 30 years ago. The proposal addresses Items 101(a) (description of the general development of the business), 101(c) (the narrative description of the business) and 105 (risk factors). The proposal has a 60-day public comment period following the proposal’s publication in the Federal Register.” See Article.

    Aug 23, 2019 8:33 PM

  • 9th Circuit Court affirms certification of class in claims that Facebook’s facial-recognition technology violates IBIPA

    On August 8, the 9th Circuit Court of Appeals affirmed the district court’s certification of a class alleging that Facebook's facial-recognition technology violated Illinois's Biometric Information Privacy Act (IBIPA). The Court concluded that the development of a face template using facial-recognition technology without consent (as alleged in this case) invades an individual's private affairs and concrete interests. See Decision.

    Aug 23, 2019 8:31 PM

  • Federal Circuit Agrees Genotyping Method Is Not Eligible For Patenting

    “In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the Federal Circuit upheld the district court decision that held claims directed to methods for genotyping a Labrador Retriever invalid under 35 USC § 101 at the JMOL stage.” See Article.

    Aug 23, 2019 8:28 PM

  • University Business

    Issue number #22-5 (July 2019) of publication University Business is now available

    Aug 23, 2019 4:50 AM

  • California CPA

    Issue number #88-2 (August 2019) of publication California CPA is now available

    Aug 23, 2019 4:50 AM

  • Real Estate Weekly

    Issue number #64-41 (August 2019) of publication Real Estate Weekly is now available

    Aug 23, 2019 4:49 AM

  • SDNY Distinguishes Supreme Court, Holds Tribune Company's Leveraged Buyout Falls Within Section 546(e) Safe Harbor Provision

    “The District Court for the Southern District of New York has ruled that a trustee could not amend a complaint to add federal constructive fraudulent transfer claims because those claims were preempted by the safe harbor provision of the Bankruptcy Code. The District Court found, under a plain language reading of the safe harbor provision, 11 U.S.C. § 546(e), that Tribune Company was protected as a "financial institution" because it was a "customer" of a "financial institution." In so finding, the District Court distinguished Merit Management Group, LP v. FTI Consulting, Inc., in which the Supreme Court held that a court must look to the overarching transfer to evaluate whether it meets the safe-harbor criteria and rejected the idea that a bank or trust company acting as an intermediary for a financial transaction could invoke the safe harbor provision.” See Article.

    Aug 22, 2019 9:36 PM

  • CA Supreme Court: anti-SLAPP statute has no exception for discrimination or retaliation claims

    On July 22, the Supreme Court of California held that Code of Civil Procedure section 425.16 (section 425.16)(anti-SLAPP statute) “contains no exception for discrimination or retaliation claims, and in some cases the actions a plaintiff alleges in support of his or her claim may qualify as protected speech or petitioning activity under section 425.16.” See Decision.

    Aug 22, 2019 9:35 PM

  • Nevada Adopts Regulations for Licensure by Endorsement

    “On June 26, 2019, the Nevada Commissioner of Mortgage Lending (“Commissioner”) adopted new regulations R177-18, R178-18 and R180-18, which introduce standards that permit the issuance of licenses by endorsement for natural persons to engage in business as: (1) a mortgage broker or mortgage agent; (2) a mortgage servicer or a covered service provider (including a foreclosure and loan modification consultant); and (3) an escrow agent or agency, respectively.” See Article.

    Aug 22, 2019 9:30 PM

  • D.C. Circuit Court Reinstates 2017 Final Rule Limiting Hospitals’ Medicaid Disproportionate Share Hospital (DSH) Funding

    “On August 13, 2019, the U.S. Court of Appeals for the District of Columbia Circuit overturned a district court ruling that CMS’s 2017 final rule on the Medicaid DSH program limit calculation violates the Medicaid Act, 42 U.S.C. § 1396 et seq. The D.C. Circuit Court reinstated the 2017 final rule, which requires hospitals to exclude additional payments they receive from their calculation of their “costs incurred” in serving a disproportionate number of low-income patients under the DSH program.” See Article.

    Aug 22, 2019 9:25 PM

  • D.C. Circuit Affirms Denial of Class Certification; Plaintiffs Derailed by Expert Model Showing Uninjured Shippers

    “On August 16, 2019, the D.C. Circuit Court of Appeals affirmed a denial of class certification to a proposed class of shippers seeking to recover damages from Class 1 railroads for an alleged price-fixing conspiracy. The decision is the latest in a nearly decade-long class certification saga at the forefront of a nationwide trend by federal courts to more rigorously scrutinize class certification in antitrust cases.” See Article.

    Aug 22, 2019 9:24 PM

  • 4th Circuit Court: ‘concurrent sentence doctrine’ is satisfied when the only potential harm to the defendant is grounded on unrealistic speculation

    On July 26, the 4th Circuit Court held that the "concurrent sentence doctrine" is satisfied when the only potential harm to the defendant is grounded on unrealistic speculation. The doctrine “authorizes a court to leave the validity of one concurrent sentence unreviewed when another is valid and carries the same or greater duration of punishment so long as there is no substantial possibility that the unreviewed sentence will adversely affect the defendant.” See Decision.

    Aug 22, 2019 9:23 PM

  • Texas Commission on Environmental Quality and Oklahoma Department of Environmental Quality Seek Authority to Issue Permits for Oilfield Wastewater

    “In a potentially substantial move for the oil and gas industry, the Texas Commission on ‎Environmental Quality (“TCEQ”) and the Oklahoma Department of Environmental Quality ‎‎(“ODEQ”) are seeking delegation from the U.S. Environmental Agency (“EPA”) to take over ‎federal National Pollutant Discharge Elimination System (“NPDES”) primary enforcement ‎authority, or primacy, for certain wastewater discharges within their respective states associated ‎with the oil and gas industry, including for produced water.” See Article.

    Aug 22, 2019 9:21 PM

  • Illinois Enacts Workplace Transparency Act

    “On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law. The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after January 1, 2020.” See Article.

    Aug 22, 2019 9:18 PM

  • Alabama Bar Lawyer

    Issue number #80-4 (July 2019) of publication Alabama Bar Lawyer is now available

    Aug 22, 2019 12:03 PM

  • Colorado Bar Journal

    Issue number #48-8 (September 2019) of publication Colorado Bar Journal is now available

    Aug 22, 2019 12:02 PM

  • Wyoming Bar Journal

    Issue number #42-5 (October 2019) of publication Wyoming Bar Journal is now available

    Aug 22, 2019 12:02 PM

  • Court Rules Homestead Tax Exemption Applies to Lease Agreements

    “An Illinois Appellate Court recently ruled that the general homestead exemption applies to a couple leasing a single-family home. In Shrake v. The Rock Island Treasurer, the Court determined the couple, as leaseholders, were entitled to the general homestead exemption because the couple was responsible for paying the property taxes under the express terms of the lease.” See Article.

    Aug 21, 2019 9:59 PM

  • President Trump Announces Nomination To Second Circuit Court Of Appeals

    “ On August 14, 2019, President Trump nominated Steven J. Menashi, a conservative, to the United States Court of Appeals for the Second Circuit to fill the vacancy left by Justice Dennis Jacobs upon taking senior status on May 31, 2019. Menashi currently serves as the President's Special Assistant and Senior Associate Counsel. His nomination is pending confirmation by the Senate.” See Article.

    Aug 21, 2019 9:58 PM