vLex United States

  • PA Supreme Court rejects argument that mail-in ballots without handwritten names or addresses should be disqualified

    On November 23, the Pennsylvania Supreme Court held that the election code does not require a county board of elections to disqualify mail-in or absentee ballots submitted by qualified electors who signed the declaration on their ballot's outer envelope but did not handwrite their name, their address, and/or a date, where no fraud or irregularity has been alleged. See Decision.

    Nov 25, 2020 10:48 PM

  • U.S. Supreme Court grants certiorari in Caniglia v. Strom

    On November 20, the U.S. Supreme Court granted certiorari in the case Caniglia v. Strom to determine whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home. See Order List.

    Nov 25, 2020 10:47 PM

  • 5th Circuit Court: 42 U.S.C. § 1396a(a)(23) does not give Medicaid patients the right to challenge a State's determination that a particular Medicaid provider is unqualified

    On November 23, the 5th Circuit Court of Appeals overruled a decision of a panel of the court in Planned Parenthood of Gulf Coast, Inc. v. Gee. The Court concluded that “42 U.S.C. § 1396a(a)(23) does not give Medicaid patients the right to challenge a State's determination that a particular Medicaid provider is unqualified.” See Decision.

    Nov 25, 2020 10:46 PM

  • NHTSA requests comment on the development of a framework for Automated Driving System (ADS) safety

    On November 19, the Department of Transportation’s National Highway Traffic Safety Administration’s Deputy Administration signed an advance notice of rulemaking requesting comment on the development of a framework for Automated Driving System (ADS) safety. See Notice.

    Nov 25, 2020 10:45 PM

  • U.S. Supreme Court denies certiorari in Walmart v. TX Alcoholic Beverage Commission

    On November 23, the U.S. Supreme Court denied certiorari in the case of Walmart v. TX Alcoholic Beverage Commission. Walmart had challenged a state law that prohibits retail sale of alcohol by publicly owned companies. See Order List.

    Nov 25, 2020 10:44 PM

  • AK Supreme Court: nominee is not eligible to sit as representative despite presidential pardon of crimes

    On November 24, the Supreme Court of Arkansas affirmed the circuit court’s determination that a presidential pardon did not restore the Democratic Party nominee’s eligibility to sit as a representative. The Court reasoned that the crimes for which the nominee were convicted fall within the definition of "infamous crime" in article 5, section 9 of the Arkansas Constitution, which prohibits an individual convicted of an infamous crime from holding public office. See Decision.

    Nov 25, 2020 10:42 PM

  • Lend Me Your EARs: CFIUS Makes Export Controls a Trigger for Mandatory Filings

    한국어 번역문은 이곳을 클릭해주시기 바랍니다. On October 15, 2020, CFIUS will officially tie mandatory filings to U.S. export control regimes, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).  While that change may draw a clearer line of what constitutes a mandatory filing, it also pulls your CFIUS review into... (See Article)

    Nov 25, 2020 7:32 PM

  • Collateralized loan obligations group sues fellow lenders over new 'super priority' loans

    On November 7, 2020, a group of CLOs holding a minority of a first lien loan to TriMark – a restaurant supply company – sued TriMark, its private equity sponsors Centerbridge and Blackstone, and a group of CLOs and other lenders sponsored by Oaktree, Ares, Blackstone, Sculptor and BlackRock in New York State court over the creation of new “super priority” loan tranches secured by the same collateral and offered only to favored lenders. (See Article)

    Nov 25, 2020 7:32 PM

  • Insight into the Biden Administration’s Immigration Plan

    President-Elect Joe Biden’s January inauguration is fast approaching, and he has proposed one of the most robust and ambitious immigration plans in recent history. The plan highlights the significant history of immigration in the United States, the rich cultural and social contributions made by immigrants, and the economic benefit of attracting the world’s best and brightest individuals to America. While it is clear we can expect more welcoming language than that of the prior administration, the amount of actual change he will be able to implement remains unclear... (See Article)

    Nov 25, 2020 7:32 PM

  • HHS Regulatory Sprint Crosses the Finish Line: New Stark and Anti-Kickback Rules Forecast Big Changes for Patients and Value-Based Care

    Powerfully illustrating the efforts of the US Department of Health and Human Services (HHS) to transform the US healthcare system to a value-based model, the Office of the Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS) have finalized rules that will alter critical healthcare fraud and abuse regulations to remove or… (See Article)

    Nov 25, 2020 7:32 PM

  • SEC Amends Rules To Permit Electronic Signatures For Filings

    On November 17, 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments to Regulation S-T to permit to the use of electronic signatures in signature authentication documents required under Regulation S-T in connection with EDGAR filings that are required to be signed. Although the amendments become effective when the adopting release is published in the Federal Register, the staff of the SEC’s Division of Corporation Finance (Staff) issued a statement on November 20, 2020, indicating that the Staff will not recommend that the SEC take enforcement action with respect to the requirements of Rule 302(b) of Regulation S-T in advance of such time, provided that a signatory complies with all of the requirements of amended Rule 302(b)... (See Article)

    Nov 25, 2020 7:32 PM

  • Commissioner Lee Labels Climate Change An Urgent “Known Threat,” Calls For SEC Action

    In her Thursday, November 5 speech before PLI’s 52nd Annual Institute on Securities Regulation, Commissioner Allison Herren Lee built on her prior statements1 to clearly stress her view that the Securities and Exchange Commission (the “SEC”) needs to address climate change. The Commissioner called for the SEC to quickly and thoughtfully solicit engagement from all market participants, and use the expertise of third parties, such as the Task Force on Climate-Related Financial Disclosure (“TCFD”), to move forward with climate change rule-making and related initiatives... (See Article)

    Nov 25, 2020 7:32 PM

  • Proposed Temporary Amendment to Facilitate Option-Based Awards to Gig Workers

    The Securities and Exchange Commission released for comment proposed rules that would apply on a temporary basis to allow for broader reliance on Rule 701 and Form S-8 for stock-based compensation related awards to gig or platform workers. (See Article)

    Nov 25, 2020 7:32 PM

  • What is a Public-Private Partnership? (And why we should think broadly about it)

    Ask ten people in the industry to define a public-private partnership (P3), and you’ll probably get twice as many definitions. The World Bank’s PPP Knowledge Lab defines a P3 as "a long-term contract between a private party and a government entity, for providing a public asset or service, in which the private party bears significant risk and management responsibility, and remuneration is linked to performance." (See Article)

    Nov 25, 2020 7:32 PM

  • Residential Eviction Extension Proposal Includes Landlord Relief

    Oregon House Bill 4213, as extended by Governor Kate Brown’s Executive Order 20-56, currently prohibits eviction of residential tenants for non-payment of rent through December 31, 2020, as previously discussed. However, with COVID-19 raging on and Governor Brown recently issuing a two-week statewide “freeze,” many have expected the eviction prohibitions to be extended further... (See Article)

    Nov 25, 2020 7:32 PM

  • A Rose By Any Other Name: Offeror Remained The Same Entity For Bidding Purposes Despite Converting From A Corporation To A Limited Liability Company

    We have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement. In numerous bid protest decisions, the U.S. Government Accountability Office (GAO) has sketched the outlines of when a transaction does, and when it does not, call into question the continued eligibility of a proposal for award... (See Article)

    Nov 25, 2020 7:32 PM

  • Wrap-Up of Federal and State Chemical Regulatory Developments, November 2020

    TSCA/FIFRA/TRI - ABA SEER Article -- “The Essentials Of TSCA Practice”: We are pleased to announce that the ABA SEER published an article written by Lynn L. Bergeson and Eve C. Gartner entitled “The essentials of TSCA practice” in the November/December 2020 issue of Trends. (See Article)

    Nov 25, 2020 7:32 PM

  • States of Flux — What Employers Need to Know About Election 2020 and New State Laws

    With so much focus on the presidential election, there has been little mention of the meaningful changes to state laws approved by voters across the country. As noted below, many of these changes will have a significant impact on the workplace, and should be on the radar for employers doing business in these states. (See Article)

    Nov 25, 2020 7:32 PM

  • Medical Marijuana is Coming to Mississippi

    Mississippi is the latest state to legalize and approve access to medical marijuana. The measure, called Initiative 65, was approved overwhelmingly by voters on November 3, 2020. A number of bills to authorize medical (and even recreational) marijuana have been proposed during the last few Mississippi state legislative sessions, but none have garnered much support within the legislature... (See Article)

    Nov 25, 2020 7:32 PM

  • NRC Reaffirms Its Decision Allowing SLR Applicants to Rely on License Renewal GEIS

    In a recently issued NRC adjudicatory decision, the Commission reaffirmed its regulatory interpretation allowing power reactor licensees applying for subsequent license renewal (SLR), and the NRC Staff reviewing these applications, to rely on the NRC’s Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants (GEIS). (See Article)

    Nov 25, 2020 7:31 PM

  • Governor Wolf Approves Remote Notarial Services—Is It Worth It?

    On October 29, 2020, Governor Wolf approved Act 97 of 2020, which was added as section 306.1 of Title 57 (Act 97). Act 97 grants notaries in the Commonwealth the rights to use communication technology (e.g., video conferencing) to perform notarial acts for remotely located individuals. While this is a step towards modernizing the notary system, the required process to perform notary services remotely remains cumbersome at best. (See Article)

    Nov 25, 2020 7:31 PM

  • Top 10 EMI Errors To Avoid

    EMI options are a form of option which benefit from very generous tax reliefs. The conditions relating to the company, the option holder and the option agreement are quite complex. Technical errors are, unfortunately, relatively common, and often only discovered on a due diligence process as part of a funding round or exit. (See Article)

    Nov 25, 2020 7:31 PM

  • Stuff That Won’t Help A Retirement Plan Sponsor Limit Their Liability

    A seat belt in a car is useless if the driver or passenger isn’t wearing it. A smoke detector is useless if the batteries are dead. Vitamin C won’t prevent a cold and putting paper on your forehead won’t cure hiccups. For a retirement plan, many things won’t limit liability if they aren’t used and other things will never limit a plan sponsor’s liability even though it’s advertised that it will. So this article is about stuff that won’t limit a plan sponsor’s liability. (See Article)

    Nov 25, 2020 7:31 PM

  • Franchisee 101: Fitness Franchisee Exercises Poor Judgment

    A federal court in Denver granted Fitness Together Franchise, LLC a preliminary injunction against the owner of three former franchisees, three former franchisee entities and three additional entities formed to operate a competing business at the former franchise locations in Ohio. The non-compete provision in each franchise agreement barred the owner and any “Bound Party” from having an interest in a competing business within a three-mile radius for two years after expiration or termination of the agreements. (See Article)

    Nov 25, 2020 7:31 PM

  • Chancery Rejects Conspiracy Jurisdiction Over Foreign Defendant

    Lacey v. Mota-Velasco, C.A. No. 2019-312-SG (Del. Ch. Oct. 6, 2020) - Under Istituto Bancario, a foreign defendant alleged to be part of a conspiracy may be subject to personal jurisdiction in Delaware, but only if the plaintiff alleges, among other requirements, and consistent with the Delaware long-arm statute and due process, an act in Delaware in furtherance of the conspiracy. (See Article)

    Nov 25, 2020 7:31 PM

  • 2020 Year-End Estate Planning Advisory

    In 2020, COVID-19, the US presidential election, the Tax Cuts and Jobs Act (the TCJA), and the Coronavirus Aid, Relief and Economic Security Act (the CARES ACT) dominated the planning landscape. (See Article)

    Nov 25, 2020 7:31 PM

  • California Court of Appeals: Employees Cannot Opt Out of PAGA Settlement

    Richard Robinson was a truck driver who tried to sue his former employer for civil penalties pursuant to the California Private Attorney’s General Act (“PAGA”). Unfortunately for him, his employer settled another PAGA action while his case was still pending, and despite opting out of the other settlement, the Court of Appeals dismissed the case because he no longer had standing to bring his own PAGA claim once the other had settled. (See Article)

    Nov 25, 2020 7:31 PM

  • New PA Bill Offers COVID-19 Civil Immunity to Healthcare Providers

    On November 20, 2020, Pennsylvania legislators passed H.B. 1737, which affords healthcare providers and other businesses immunity from civil suits related to the COVID-19 pandemic. This legislation follows Pennsylvania Governor Tom Wolf’s May 7, 2020 executive order which granted immunity to certain physicians, nurses and other providers relating to the care of patients with COVID-19, but did not include nursing homes and other healthcare facilities. (See Article)

    Nov 25, 2020 7:31 PM

  • Federal Circuit Declines to Direct District Court to Enter a Stay

    In an order issued on September 28, 2020, the Federal Circuit denied Sand Revolution’s petition for writ of mandamus. In re Sand Revolution LLC, No. 2020-145, 2020 WL 5757591, at *1 (Fed. Cir. Sept. 28, 2020). In its petition, Sand Revolution urged the Federal Circuit to direct the District Court for the Western District of... (See Article)

    Nov 25, 2020 5:33 PM

  • Revised UG Ups Micro-Purchase Level, Eases Award Termination, Addresses Indirect Rates

    Report on Research Compliance 17, no. 12 (December 2020) - The 120-day closeout that institutions fought for after the Office of Management and Budget (OMB) first released the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in December 2013 has now been codified in the five-year update to the Uniform Guidance (UG). With a few notable provisions that were in force immediately upon publication in the Aug. 18 Federal Register, new UG requirements became effective in mid-November. (See Article)

    Nov 25, 2020 5:32 PM