vLex United States

  • California Announces Pay Data Reporting Portal Will Open by February 15, 2021

    California’s Department of Fair Employment and Housing (DFEH) continues to advance toward the March 31, 2021 pay data collection deadline.  When SB 973 was passed in September, DFEH had six months to develop and implement a data collection system that could accomplish the task.  It is delivering.  DFEH issued its first guidance on November 2... (See Article)

    Jan 15, 2021 7:32 PM

  • TTAB KO’s Mayweather PAST PRESENT FUTURE Trademark Application

    Mayweather Promotions is the promotional company for Floyd Mayweather Jr., former professional boxer, multiple-time world champion, and holder of an undefeated 50-0 record in the ring.  Yet, before the United States Patent and Trademark Office’s (“USPTO”) Trademark Trial and Appeal Board (“TTAB”), Mayweather’s company does not have a record to match its namesake.  In In... (See Article)

    Jan 15, 2021 5:32 PM

  • Goodbye 2020! A Look Ahead to Non-COVID Labor and Employment Updates for 2021

    Q: Are there any new laws or regulations that I should know about as we enter 2021? A: The year 2020 undoubtedly presented many challenges to employers in keeping up with seemingly ever-changing laws and regulations, in large part due to the COVID-19 pandemic that swept our nation. As employers leave the previous year behind... (See Article)

    Jan 15, 2021 3:33 PM

  • Borough May Face Liability for Covering Stop Sign by Snow Removal Efforts

    In the case of Cupelli v. Borough of Dunmore, No. 1662-C.D.-2019 (Pa. Cmwlth. Dec. 21, 2020 Jubelirer, J., Wojcik, J., and Cannon, J.) (Op. by Cannon, J.) (Opinion not reported), the court found that snow negligently plowed by a borough can create an artificial accumulation based upon which a Plaintiff may assert a cause of... (See Article)

    Jan 15, 2021 1:33 PM

  • FTC’s Comment on ECOA and Regulation B Signals Continued Focus on Small Business Lending

    Last year, the CFPB issued a notice and request for information on the Equal Credit Opportunity Act (ECOA) and Regulation B. Specifically, the CFPB sought “comments and information to identify opportunities to prevent credit discrimination, encourage responsible innovation, promote fair, equitable, and nondiscriminatory access to credit, address potential regulatory uncertainty, and develop viable solutions to... (See Article)

    Jan 15, 2021 11:33 AM

  • Promote healthy habits in the new year

    The new year is traditionally a time for reflection and recommitment to personal and professional goals that may have been neglected in the prior year. It is also traditionally a time for those goals to quickly be forgotten once the demands of everyday life return. (See Article)

    Jan 15, 2021 11:32 AM

  • Gearing up for Prez Trump’s coming final round of clemency grants

    Prez Trump’s ignominious behavior raises uncertainty as to whether he will serve out the last two weeks of his term. But we can all be certain that Prez Trump is planning to issue more clemency grants before he loses the power to do so. As everyone surely recalls, just before Christmas, Prez Trump granted clemency... (See Article)

    Jan 15, 2021 9:33 AM

  • Food safety a top concern for Europeans

    Food safety is one of the main factors influencing Europeans’ food purchases, according to a survey of more than 27,000 people in 27 EU member states. Almost half of respondents said taste was a priority when buying food, 42 percent mentioned food safety and 40 percent said cost. One in three considered where the food... (See Article)

    Jan 15, 2021 9:33 AM

  • IPR and CBM Statistics for Final Written Decisions Issued in October and November 2020

    The Patent Trial and Appeal Board issued 37 IPR and CBM Final Written Decisions in October, including decisions following remands from the Federal Circuit, cancelling 297 (61.49%) instituted claims while maintaining the patentability of 159 (32.92%) instituted claims.  Patent owners conceded 27 (5.59%) instituted claims through motions to amend or disclaimer in cases reaching a... (See Article)

    Jan 15, 2021 9:33 AM

  • FINRA (and selected SEC) regulatory matters at a glance: What compliance officers need to know

    Access the December issue for an overview of FINRA and SEC regulatory developments of interest to broker-dealers. Glen Barrentine is Of Counsel in the Denver office of Norton Rose Fulbright. His practice focuses broadly on SEC regulated financial service clients, including broker-dealers, securities exchanges, municipal advisors and investment advisers. Glen frequency represents clients in connection with... (See Article)

    Jan 15, 2021 9:33 AM

  • AI Update: Provisions in the National Defense Authorization Act Signal the Importance of AI to American Competitiveness

    The newly enacted National Defense Authorization Act (“NDAA”) contains important provisions regarding the development and deployment of artificial intelligence (“AI”) and machine learning technologies, many of which build upon previous legislation introduced in the 116th Congress. The most substantial federal U.S. legislation on AI to date, these provisions will have significant implications in the national... (See Article)

    Jan 15, 2021 9:33 AM

  • Medi-Cal Rx: California to Transition Medi-Cal Pharmacy Benefits to Fee-For-Service

    On April 1, 2021, the California Department of Health Care Services (“DHCS”) will be transitioning all Medi-Cal pharmacy benefits from managed care to fee-for-service (“FFS”).  This new system to administer FFS pharmacy benefits is being called “Medi-Cal Rx” and was developed by DHCS in response California Governor Gavin Newsom’s January 7, 2019 executive order (the... (See Article)

    Jan 15, 2021 9:33 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)

    Jan 15, 2021 9:33 AM

  • On To The Next One: Nerlens Noel

    Chris Gaston of Family First Sports (FFS) has just added another key member to their basketball roster: New York Knicks power forward, Nerlens Noel. Noel, 26, is currently on a one-year/$5 million contract before becoming an unrestricted free agent this offseason. Noel was spotlighted last year for his average of 1.5 blocks and 4.9 blocks... (See Article)

    Jan 15, 2021 9:33 AM

  • A Primer on the COVID-Relief and Omnibus Package for the Retail Industry

    Please join Greenberg Traurig for a webinar to discuss the recently enacted Covid-Relief bill. We will provide an overview of the stimulus package and discuss eligibility and application criteria for the grant and loan programs that Congress incorporated in this legislation. Speakers Include: Warren Karp, Chair – GT Retail Practice, Moderator ​Monica Prahl Schulteis, Director,... (See Article)

    Jan 15, 2021 9:33 AM

  • A Per Curiam Affirmance by the New Jersey Supreme Court of the Appellate Division Insurance Premium Tax Decision

    In a per curiam opinion, the New Jersey Supreme Court affirmed an insurance premium tax (IPT) decision of the Appellate Division “substantially for the reasons expressed” in the Appellate Division’s opinion. The New Jersey Appellate Division held that New Jersey’s IPT for self-procured insurance coverage is based only on the risks insured in the state,... (See Article)

    Jan 15, 2021 9:32 AM

  • USCIS Implements New Procedure to Extend Green Card Validity

    United States Citizenship and Immigration Service (USCIS) announced today that, starting this month, the agency will no longer use the sticker issued to lawful permanent residents to extend the validity of their Form I-551, Permanent Resident Card, or “green card.”  Instead, the agency will issue a revised Form I-797, Notice of Action, a change from... (See Article)

    Jan 15, 2021 9:32 AM

  • USCIS: Delays Issuing Receipt Notices for Applications, Petitions Filed at Certain Lockboxes

    U.S. Citizenship and Immigration Services (USCIS) announced that it is experiencing delays in issuing receipt notices for some applications and petitions filed at USCIS lockboxes that are located in Chicago, Illinois, Phoenix, Arizona, and Lewisville, Texas. This announcement does not come as a surprise to most filers, since delays have been experienced for some time... (See Article)

    Jan 15, 2021 9:32 AM

  • The End of an Era? NLRB Holds Lawful Employer’s Rules Restricting Employee Communications on Social Media, But This Pro-Employer Result May Be Short-Lived

    By: Ashley K. Cano and John P. Phillips Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA.  However, the Board panel was sharply divided between its Republican majority and Lauren McFerran, its sole Democratic member. ... (See Article)

    Jan 15, 2021 9:32 AM

  • US Executive Branch Update – January 13, 2021

    This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases. POTUS’ Schedule* *The US President (POTUS) and Vice President’s (VPOTUS) daily schedules are subject to change. The White House had not yet released the President’s schedule. VPOTUS’ Schedule* THE VICE PRESIDENT has no public events... (See Article)

    Jan 15, 2021 9:32 AM

  • How to Keep Positive When You’ve Been Fired or Pushed Out of a Job

    Have you ever been pushed out or fired from a job? I have. It sucks, it’s unfair and it can really humble you. The time I was pushed out of a job, everything was going great until my colleague was promoted to be my boss and then suddenly I couldn’t do anything right. I started... (See Article)

    Jan 15, 2021 9:32 AM

  • Mandatory COVID-19 Benefits Under Families First Coronavirus Response Act Have Ended, Now What?

    In March 2020, when Congress passed the Families First Coronavirus Response Act (FFCRA) with a sunset date of December 31, 2020, few anticipated the COVID-19 pandemic would be ongoing into 2021. Several similar state and local laws also sunset at the end of 2020. But the pandemic has not slowed, and requests for COVID-19-related leave... (See Article)

    Jan 15, 2021 9:32 AM

  • Florida Update – No Standing, No Fees is Dead: Borrowers Can Recover Fees When They Prevail on a Standing Defense

    In an opinion issued on December 31, 2020, the Florida Supreme Court resolved a certified conflict between several of the Florida appellate courts as to whether borrowers who prevail on an argument that the lender lacked standing at the time of filing of a foreclosure complaint can recover their attorneys' fees as the prevailing party. In Page v. Deutsche Bank Trust Co. Americas, et al., Case No. SC19-1137 (Fla. Dec. 31, 2020), the Florida Supreme Court answered that question with a clear and decisive "YES." (See Article)

    Jan 15, 2021 9:32 AM

  • EPA Compliance Advisory Addresses Applicability Of TSCA To Chemicals Made From Petroleum And Renewable Sources Used As Fuels, Fuel Additives, And Distillates

    EPA has posted a Compliance Advisory entitled “Applicability of the Toxic Substances Control Act to Chemicals made from Petroleum and Renewable Sources Used as Fuels and Fuel Additives and Distillates.” The Compliance Advisory states that EPA is reaffirming that chemical substances used as fuels, fuel additives, and distillates made from either petroleum or renewable sources are subject to TSCA. Anyone who plans to manufacture (including import) a chemical made from petroleum or renewable sources must comply with the statutory and regulatory new chemical requirements under TSCA Section 5. (See Article)

    Jan 15, 2021 9:32 AM

  • Fourth Circuit To Implement Filing Procedures For Highly Sensitive Documents

    In response to recent cybersecurity concerns with government networks, the Fourth Circuit announced today that it would soon be making available procedures for the filing of highly sensitive documents... (See Article)

    Jan 15, 2021 9:32 AM

  • The emerging patchwork of fiduciary investment advice regulation – Putting the pieces together (update)

    As anticipated, a number of fiduciary and best interest investment advice regulations advanced at both the federal and state levels last year. As we begin 2021, firms subject to these regulations face challenges in dealing with rules that impose a host of new obligations, and that at times overlap and conflict with one another. This chart is intended to help firms take stock of the evolving framework and aid firms in putting the pieces together. Please see full Chart below for more information. (See Article)

    Jan 15, 2021 9:32 AM

  • California’s New Guidance On Emergency COVID-19 Standard Answers Some Questions But Leaves Employer Uncertainty

    California Occupational Safety and Health (Cal/OSHA) further updated its COVID-19 Emergency Temporary Standards Frequently Asked Questions late last week in an attempt to provide more clarification and answer questions the agency has received about the COVID-19 Emergency Temporary Standard (ETS) that went into effect November 30, 2020. The update, released on January 8, provides some important clarifications but also leaves some questions unanswered. Below is an overview of some of the important updates and clarifications that all California employers should review. (See Article)

    Jan 15, 2021 9:32 AM

  • Congress Passes NDAA Legislation Extending SEC’s Disgorgement Powers

    On January 1, 2021, the U.S. Congress voted to override a presidential veto of the National Defense Authorization Act (NDAA)1, the annual military spending bill. Tucked away in the 1,400-page legislation are provisions granting the Securities and Exchange Commission (SEC) statutory authority to pursue disgorgement in federal court actions and extending the statute of limitations for the SEC to recover disgorgement from five to 10 years for scienter-based claims. The legislation also provides for a 10-year statute of limitations for other equitable relief, including injunctions, industry bars, and suspensions. (See Article)

    Jan 15, 2021 9:32 AM

  • Use It, but Don’t Lose It: New Stimulus Law Extends Time to Spend Down 2020 Health FSA and Dependent Care Balances

    Employers will now have additional options to address participants’ unspent contributions to dependent care or health flexible spending accounts (FSAs) resulting from the COVID-19 pandemic. The Consolidated Appropriations Act, 2021 (H.R. 133, P.L. 116-260), signed into law on December 27, 2020, provides temporary relief for employees that were unable to spend down their dependent care and health FSAs by the end of the plan year and may otherwise forfeit these contributions. (See Article)

    Jan 15, 2021 9:32 AM

  • New Year, New Covid-19 Relief for Employers and Plan Sponsors (Part 1)

    The Consolidated Appropriations Act, 2021, H.R. 133 (the “CAA”) signed into law by the President on December 27, 2020 and a variety of IRS guidance issued in the first week of 2021 mean that employers entering the new year have lots of COVID-19 relief to digest. This Alert is the first part of our three-part series focusing on COVID-related changes affecting employers and their employee benefit plans. Here we focus on flexible spending accounts. (See Article)

    Jan 15, 2021 9:32 AM