vLex United States

  • PRA policy statement on fees and levies for 2020/21

    On 7 July 2020, the PRA published Policy Statement 16/20 ‘Regulated fees and levies: rates for 2020/21’ (PS16/20). In PS16/20 the PRA provides feedback to the responses received to Consultation Paper: 4/20 ‘Regulated fees and levies: Rates proposals 2020/21’ (CP4/20). The PRA received five responses to CP4/20. No changes have been made to the proposals... (See Article)

    Jul 10, 2020 10:37 AM

  • More Businesses Allowed to Reopen as Massachusetts Moves Into Phase 3 on July 6

    Beginning July 6, Massachusetts will enter Phase 3 of the Four-Phase Reopening Plan. However, businesses located within Boston will have a delayed Phase 3 start date until July 13. Just as with Phase 2, Phase 3 will consist of two steps. According to the Governor’s office, Phase 3 will last much longer than previous phases, and... (See Article)

    Jul 10, 2020 8:34 AM

  • First Employer Cited For Violating Washington’s Safe Start Order

    By Helen M. McFarland and Amanda J. Hailey Seyfarth Synopsis: The Department of Labor and Industries (L&I) issued its first citation against an employer for violating Washington’s Safe Start Order. As set forth in our May 28, 2020 blog post “Prohibited Business Activities and Conditions for Operations,” the State of Washington is enforcing its Emergency... (See Article)

    Jul 10, 2020 8:34 AM

  • CFPB Finalizes Amendments to Payday Lending Rule

    Today, July 7, 2020, the Consumer Financial Protection Bureau (“CFPB”) released final amendments to its small-dollar lending rule published in November 2017 (the “2017 Rule”), specifically repealing the mandatory underwriting provisions of the rule.  The CFPB did not rescind or alter the payments provisions of the 2017 Rule, and instead ratified those provisions and will... (See Article)

    Jul 10, 2020 8:34 AM

  • A Cruise is “Safer than a Major City” – Co-Chair of Cruise Lines’ “Brain Trust” Sings Another Tune

    Royal Caribbean Cruises and Norwegian Cruise Line recently announced that they hired a panel of former public health officials to advise the cruise lines regarding how to safely return to cruise operations. Royal Caribbean CEO Richard Fain and Norwegian Cruise Line Holdings CEO Frank Del Rio announced that they created the “Healthy Sail Panel” to... (See Article)

    Jul 10, 2020 8:34 AM

  • NLRB greenlights company policy allowing searches of workers’ personal property on company premises and company devices and networks

    In another victory for employers and a further retreat from Obama-era policy, the National Labor Relations Board (“NLRB” or the “Board”) recently ruled that employers do not violate the National Labor Relations Act (“NLRA” or the “Act”) by maintaining a policy that allows employers to monitor employees on the job by searching employees’ personal property... (See Article)

    Jul 10, 2020 8:34 AM

  • Wasserman Has Acquired Hockey Agency, Acme World Sports

    Wasserman, a sports marketing and talent management company based in Los Angeles, has announced the acquisition of hockey agency, Acme World Sports. The announcement was officially made in late June. Wasserman already being the second most valuable sports agency continues to make moves to maintain its standing. Acme has players in both Europe and North... (See Article)

    Jul 10, 2020 8:34 AM

  • NLRB General Counsel Announces “Suggested” Protocols for Conducting Manual, In-Person Elections Amidst the COVID-19 Pandemic

    After a brief delay where the NLRB suspended all representation elections from March 19 through April 6, 2020 (see here and here), NLRB Regional Directors have since largely required elections to be held via mail ballot to curb the spread of COVID-19. Earlier this week, the Office of the General Counsel of the NLRB published... (See Article)

    Jul 10, 2020 8:34 AM

  • USTR Grants Extensions to Products Subject to Section 301 List 1

    The Office of the U.S. Trade Representative (“USTR”) announced today that it will extend certain product exclusions scheduled to expire on July 9, 2020 for twelve (12) specific products which were subject to Section 301 List 1 tariffs at a rate of 25%.  As a result of these extensions, the exclusion extensions will now expire... (See Article)

    Jul 10, 2020 8:34 AM

  • NYDFS and OCC Announce Major Overhauls Important for Virtual Currency Businesses

    The Office of the Comptroller of the Currency (OCC) and the New York Department of Financial Services (NYDFS) each recently took significant steps to address the key impediments for virtual currency (VC) companies in the U.S. First, on June 24, NYDFS announced significant updates to its approach on Bitlicenses, New York’s business license for VC... (See Article)

    Jul 10, 2020 8:34 AM

  • California’s Ninth Circuit Says Deprivation of $3.76 is Enough for Standing

    The Ninth Circuit concluded that a plaintiff had standing to continue her lawsuit against a clothing company alleging that the company wrongly failed to pay interest on refunded Alaska sales taxes. After a related lawsuit was filed alleging that sales taxes were incorrectly collected, LuLaRoe, Inc. refunded the plaintiff $531.25 in sales tax charges. The... (See Article)

    Jul 10, 2020 8:34 AM

  • "Retroactivity & Recidivism: The Drugs Minus Two Amendment"

    The title of this post is the title of this notable new US Sentencing Commission report.  A summary of the report is provided on this USSC webpage and provides these basics: Summary This publication analyzes recidivism rates among drug offenders who were released immediately before and after retroactive implementation of the 2014 “Drugs Minus Two”... (See Article)

    Jul 10, 2020 8:34 AM

  • Supreme Court Interprets "Ministerial Exception" To Employment Discrimination Claims Broadly

    In Our Lady of Guadalupe School v. Morrissey-Berru, (Sup. Ct., July 8, 2020), the U.S. Supreme Court in a 7-2 decision held that two elementary school teachers in separate Catholic schools, are covered by the “ministerial exception” so that they cannot sue for employment discrimination. Justice Alito’s majority opinion, joined by Chief Justice Roberts and Justices... (See Article)

    Jul 10, 2020 8:34 AM

  • CFPB Relaxes Underwriting Requirement for Small Dollar Lending

    The Consumer Financial Protection Bureau (CFPB) issued a final rule on July 7, 2020 rescinding the mandatory ability to repay underwriting provisions on small dollar loans that it had previously announced under 12 C.F.R. § 1041 (the Final Rule). The Final Rule has left the payments provisions intact. The CFPB first finalized regulations governing small... (See Article)

    Jul 10, 2020 8:34 AM

  • Don’t Miss This Webinar! Get the Scoop on Louisiana’s Efforts at Tax Reform

    With a heavily business-friendly state legislature, before the pandemic, significant pro-business tax reform was on the legislative agenda. Please join members of the Jones Walker SALT team and special guest Senator R.L. “Bret” Allain, II, Louisiana State Senate, as we discuss what did pass, what did not, and what the future may hold for further... (See Article)

    Jul 10, 2020 8:34 AM

  • Supreme Court to decide what constitutes an autodialer under the TCPA

    In a very big deal for TCPA class actions, the Supreme Court granted review today in Facebook, Inc. v. Duguid. The petition (pdf) raises the most significant issue in litigation under the Telephone Consumer Protection Act (TCPA): what kind of equipment constitutes an “automatic telephone dialing system” (ADTS) triggering the TCPA’s restrictions on calls and... (See Article)

    Jul 10, 2020 8:34 AM

  • HUD Awards Over $40 Million for Fair Housing Enforcement and Training

    If professional apartment management thought that fair housing enforcement would stop because of a global pandemic, well – think again. Last week, the U.S. Department of Housing & Urban Development (HUD) announced over $40 million in grants to local fair housing advocacy groups from coast to coast. These individual grants, running in the hundreds of... (See Article)

    Jul 10, 2020 8:34 AM

  • New Dubai International Financial Centre Data Protection Law Comes into Effect

    On July 1, 2020, the Dubai International Financial Centre Data Protection Law No. 5 of 2020 came into effect, but due to COVID-19, companies have until October 1, 2020 to comply. (See Article)

    Jul 10, 2020 8:34 AM

  • This week’s podcast: A discussion of the U.S. Supreme Court’s Seila Law decision and its implications

    We are joined by Deepak Gupta, a renowned consumer advocate who has argued multiple cases before the Supreme Court.  After reviewing the history of the controversy over the CFPB’s constitutionality, our discussion focuses on the decision’s potential impact on past, ongoing, and future CFPB rulemaking and enforcement activities, including what steps the CFPB may take... (See Article)

    Jul 10, 2020 8:34 AM

  • Public Universities Must Comply with CEQA when Deciding to Increase Enrollment

    In Save Berkeley’s Neighborhoods v. Regents of the University of California, No. A157551 (June 25, 2020) the court of appeal rejected the University of California’s argument that it need not have prepared a Supplemental EIR to analyze the effects of its discretionary decisions to increase enrollment on the Berkeley campus. The University had prepared a... (See Article)

    Jul 10, 2020 8:34 AM

  • Public Policy Briefing – July 9, 2020

    The House and Senate will not return to Washington until July 20, but discussions among the “four corners” in the US Congress are underway with the intent of crafting a bipartisan COVID-19 relief measure that can be signed into law by President Donald Trump by the end of July. House Speaker Nancy Pelosi (D-CA) and... (See Article)

    Jul 10, 2020 8:34 AM

  • EU wine producers can now benefit from a temporary relaxation in competition rules

    The European wine sector has been greatly affected by the COVID-19 pandemic. According to statistics from the European Commission (EC), there has been a 30% reduction in the volume of wine sold and a 50% drop in the value of sales across the EU from mid-March until to end of May 2020, compared to sales... (See Article)

    Jul 10, 2020 8:34 AM

  • Not Very New Wine in an Old Bottle: Recent Revisions to the DOJ FCPA Resource Guide

    The Department of Justice (DOJ) just released an updated version of its Resource Guide to the Foreign Corrupt Practices Act. While the new version does not announce any groundbreaking changes, it now includes updates and references to recently issued policies, such as the DOJ’s Corporate Enforcement Policy, Evaluation of Corporate Compliance Programs, and the Corporate... (See Article)

    Jul 10, 2020 8:34 AM

  • Facebook Adds Back Ability to View Your Profile as the Public from Mobile Device (and a Few Tips on Privacy Settings on Personal Social Media Platforms)

    I have personally been waiting for Facebook to add back the the ability view my profile as someone who is not connected to me – so being able to view what my profile looks like as its public version. It seems they’ve just enabled this again to users on mobile devices as you can see... (See Article)

    Jul 10, 2020 8:34 AM

  • North Dakota Implements A New Student Privacy Law

    North Dakota’s State Board of Higher Education recently implemented the Student Data Privacy and Security Bill of Rights (the “Policy”). The Policy, which went into effect on May 29, 2020, was created by the North Dakota Student Association to facilitate students’ access to their Personally Identifiable Information (“PII”), and to regulate the North Dakota University... (See Article)

    Jul 10, 2020 8:34 AM

  • (Re) Starting-Up: Corporate records are the key to M&A in the age of COVID-19

    M&A as a catalyst for recovery As many jurisdictions begin to ease restrictions on commercial activities, economic uncertainty remains and the landscape of M&A activity is undoubtedly very different from early 2020 pre-COVID-19. As you begin to lead your company towards recovery, it is worth noting that in the midst of such upheaval, there are... (See Article)

    Jul 10, 2020 8:34 AM

  • Meat and Poultry Processing Facilities are Hotspots for Coronavirus – Racial and Ethnic Minorities hardest hit

    According to the CDC, among 23 states reporting COVID-19 outbreaks in meat and poultry processing facilities, 16,233 cases in 239 facilities occurred, including 86 (0.5%) COVID-19–related deaths. Among cases with race/ethnicity reported, 87% occurred among racial or ethnic minorities. The animal slaughtering and processing industry employs an estimated 525,000 workers in approximately 3,500 facilities nationwide.... (See Article)

    Jul 10, 2020 8:33 AM

  • COVID-19 Washington Update: July 2020 #1

    Below, please find a summary of today’s federal government activities in response to COVID-19. Please note we will not be publishing updates for the remainder of the week due to the July 4th holiday. Our next update will be published Monday, July 6. (See Article)

    Jul 10, 2020 8:33 AM

  • New York Laws Require Forbearance for Private Mortgage Loans During COVID Emergency

    A&B ABstract - On June 17, 2020, New York Governor Andrew Cuomo signed into law two measures, effective immediately, providing for mortgage forbearances for privately backed residential mortgage loans during the COVID-19 emergency. (See Article)

    Jul 10, 2020 8:33 AM

  • SEC Risk Alert Addresses Private Fund Adviser Conflicts of Interest, Fee and Expense Management, and Policies and Procedures Relating to Material Non-Public Information

    - On June 23, 2020, the SEC and OCIE issued its latest Risk Alert describing common deficiencies it has observed in recent examinations of registered investment advisers that manage private equity funds or hedge funds. - The Risk Alert discusses three areas that private fund advisers should review to shore up their compliance programs: (1) conflicts of interest; (2) fees and expenses; and (3) policies and procedures relating to MNPI. - The Risk Alert specifically called out the possibility of referrals to the Division of Enforcement—a signal that private fund advisers should pay careful attention to these areas to prepare for their next OCIE examination. (See Article)

    Jul 10, 2020 8:33 AM