vLex United States

  • State Attorneys General Challenge OCC Madden Fix

    Last Wednesday, the attorneys general of Illinois, California, and New York filed a lawsuit in the United States District Court for the Northern District of California challenging the Office of the Comptroller of the Currency’s proposed “Madden Fix.” This proposed rule, which we have discussed in detail, is designed to resolve some of the legal... (See Article)

    Aug 5, 2020 12:33 PM

  • COVID-19: US State Policy Report – August 3, 2020

    This report captures the shifting state, territorial and local government policies and guidance in response to the COVID-19 pandemic and reopening of the economy in the US by tracking public information from official sources, such as gubernatorial comments, executive actions and guidance. The following states have new or updated information: California, Georgia, Missouri, Nevada, New... (See Article)

    Aug 5, 2020 10:33 AM

  • Judgement of the BVerfG dated 5 May 2020: ECB’s Public Sector Asset Purchase Program

    I.    Judgement On 5 May 2020, the German constitutional court (Bundesverfassungsgericht – “BVerfG“) decided in a landmark judgment about the compatibility of the Public Sector Asset Purchase Program launched by the European Central Bank (“ECB“) in March 2015 (“PSPP“)[1] with German constitutional law. The BVerfG expressly excluded the EUR 750 billion Pandemic Emergency Purchase Program... (See Article)

    Aug 5, 2020 8:33 AM

  • The Standing Choice

    The phenomenon is not new. Back in the ’60s, when feminists were fighting for women to be accepted in education and the workplace, the argument was that women deserved the choice to be a doctor, lawyer or president if their interest, talent and good fortune would take them there. Or as a t-shirt later explained,... (See Article)

    Aug 5, 2020 8:33 AM

  • Vicki Clark kicks off new Bar Leaders Conference Speaker Series

    In a world where COVID-19 has forced people to rethink how they’ll thrive, bar associations are probably not on the minds of attorneys who are currently navigating a new arena built on a bedrock of plexiglass benches, Zoom, and social distancing. But in this pandemic, it’s OK to put some things on the backburner, said... (See Article)

    Aug 5, 2020 8:33 AM

  • Frank Yiannas steps out and steps up to protect us from tainted irrigation water

    Today, the U.S. Food and Drug Administration announced a new protocol for the development and registration of antimicrobial treatments for preharvest agricultural water, such as the water used in farm irrigation systems. The protocol was developed through a collaboration with the U.S. Environmental Protection Agency. Companies can now use data developed under this protocol to... (See Article)

    Aug 5, 2020 8:33 AM

  • Information Technology Industry Council Urgest EU-US Cooperation to Avoid Data Transfer Disruption

    The Information Technology Industry Council (ITI) issued a statement on Schrems II: Many small and medium sized enterprises (SMEs) are affected by the Court of Justice of the European Union decision and need guidance and a solution. “We encourage the U.S. and EU governments to work together to ensure that companies can fully and safely... (See Article)

    Aug 5, 2020 8:33 AM

  • The World Bank Group Weighs in on the Economic Potential of Smart Contracts

    The World Bank Group recently published a “FinTech Note” on Smart Contract Technology and Financial Inclusion in its “Finance, Competitiveness and Innovation” series. The note explores the potential of smart contracts to spur economic development and financial inclusion around the globe. (See Article)

    Aug 5, 2020 8:33 AM

  • Maintaining Compliance with Your Portfolio Management Process

    In a previous blog post, we discussed an adviser’s fiduciary duty to provide advice based on the client’s financial situation and investment objectives. In today’s post, we’ll examine the practical implications of this requirement from a compliance prospective. Craig noted in our last entry that Advisers Act Rule 206(4)-7 (the “Compliance Rule”) requires that every... (See Article)

    Aug 5, 2020 8:33 AM

  • Recent Articles of Interest

    From SSRN: John Witte, Historical Foundations and Enduring Fundamentals of American Religious Freedom, (Journal of the Society of Christian Ethics 33 (2020): 156-167). John Witte, The Metaphorical Bridge between Law and Religion, (Pepperdine Law Review, Vol. 47, No. 2, 2020). John Witte, Response to Reviewers of John Witte, Jr., Church, State, and Family: Reconciling Traditional... (See Article)

    Aug 5, 2020 8:33 AM

  • Updates to Visa Reciprocity for Mexican Nationals

    In line with the U.S. Department of State’s increased periodic review and update of visa “reciprocity” pursuant to a January 2017 Executive Order, Mexican nationals will now benefit from increased visa validity periods in the E-1 Treaty Trader and E-2 Treaty Investor categories. The current reciprocity schedule, found on the Department of State website, now... (See Article)

    Aug 5, 2020 8:33 AM

  • Collaborating with Community Organizers for Social Justice: An Interview with Michael Stanley and Ray Lopez

    This week we had the privilege of speaking with Michael Stanley, a professional community organizer with Manhattan Together and South Bronx Churches Sponsoring Committee (SBC), and Ray Lopez, the Director of Environmental Health Services of the Little Sisters of the Assumption Family Health Service (LSA), on the topic of pro bono lawyering for social justice... (See Article)

    Aug 5, 2020 8:33 AM

  • Judge Oetken Strikes Down Labor Department Restrictions on COVID-19 Paid Leave

    Earlier today, Judge Oetken issued a decision invalidating several provisions of a Department of Labor rule implementing the paid sick leave and emergency family leave provisions of the Families First Coronavirus Response Act. The Labor Department had excluded employees who were unable to work because their employers had no work available for them as a... (See Article)

    Aug 5, 2020 8:33 AM

  • "Is Death Different to Federal Judges?"

    The title of this post is the title of this notable new paper authored by Brett Parker now available via SSRN.  Here is its abstract: Legal commentators have long believed that federal judges treat capital appeals more favorably than noncapital appeals.  However, due to the bifurcated nature of capital trials and the complexity of the... (See Article)

    Aug 5, 2020 8:33 AM

  • Safety, Health & Environmental Considerations for School Reopenings

    According to a recent survey by the Connecticut State Department of Education, 76% of students and 81% of teachers expect to return to their classrooms this fall.  Nationwide, state governments are providing moving goal posts for what a school year could/should look like. While there is no one-size-fits-all approach when it comes to facility safety,... (See Article)

    Aug 5, 2020 8:33 AM

  • Senate Proposes the Health, Economic Assistance, Liability Protection and Schools Act

    On July 27, 2020, the Senate Republicans proposed the Health, Economic Assistance, Liability Protection and Schools Act (HEALS Act) in response to the House passing the Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act). The HEALS Act is a combination of eight individually proposed bills from the Senate. Both the HEALS Act and... (See Article)

    Aug 5, 2020 8:33 AM

  • The Worth of Water?

    Ben Franklin famously said: “When the well is dry, we know the worth of water.” Today’s Supreme Court decision in Wilde v. Dunsmuir is an important win for public utilities and local governments promising stability in local finance. [Disclosure: I argued the case for five local government associations.] Specifically, it holds that water rates are... (See Article)

    Aug 5, 2020 8:33 AM

  • Engage is coming soon

    Hogan Lovells is changing how we deliver our food law and policy content. On August 17 we will be moving the A Seat at the Table blog to a new technology platform: Hogan Lovells Engage. You’ll soon receive an email with details on how to join us on Engage to continue to stay up-to-date on... (See Article)

    Aug 5, 2020 8:33 AM

  • Executive Order Sets Stage for Restrictions on Government Contractor Visas and Offshoring (US)

    On August 3, 2020, President Trump signed an Executive Order (“Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” hereafter “Executive Order”) calling for a broad review of the government’s use of visa holders and outsourcing across its extensive government contracting networks. The White House announced that the Executive Order is, at... (See Article)

    Aug 5, 2020 8:33 AM

  • FTC questions protections afforded tech platforms; LinkedIn was platform of choice for sellers of COVID-19 PPE; Appeals court passes on “retweet” propriety question

    Expressing concern about the spread of disinformation related to COVID-19, Federal Trade Commissioner Rohit Chopra said Congress may need “to reassess the special privileges afforded to tech platforms, especially given their vast power to curate and present content in ways that may manipulate users.” His words implicate one of our favorite topics here at Socially... (See Article)

    Aug 5, 2020 8:33 AM

  • Is There a 180-Day Replacement Cost Notice Rule in the Standard ISO Policy?

    One of the things I enjoy is learning from so many really brilliant people in the insurance coverage business. One of those I am fortunate enough to work with: Ed Eshoo, out of our Chicago office. The other is insurance educator Bill Wilson who writes an extraordinary blog. This afternoon on Tuesdays at 2 With... (See Article)

    Aug 5, 2020 8:33 AM

  • 12 Easy Ways to be More Successful With Your Content Marketing Efforts

    Content marketing takes time and effort, but staying top of mind with your target audiences is a key goal to marketing and business development – and providing value-added content is one way in which you can do this while branding yourself as a subject-matter expert in your area of the law. Here are 12 tips to make... (See Article)

    Aug 5, 2020 8:33 AM

  • Tomorrow: ‘Things I Learned’ – Career Advice from Liberty Mutual’s Bob Taylor

    For my Law Insights program tomorrow on Litera TV, I have lined up what should be a great episode for any lawyer or legal professional — but particularly for younger professionals who are still charting their careers. My guest will be Robert Taylor, vice president and senior corporate counsel for legal ideation and transformation at... (See Article)

    Aug 5, 2020 8:33 AM

  • Troutman Pepper Expands Consumer Financial Services Practice in Charlotte

    Virginia Bell Flynn Relocates to Charlotte Office Continuing the expansion of our financial services litigation practice in Charlotte, we welcome Virginia Flynn, who joins 12 other litigators in our Charlotte office. view full announcement (See Article)

    Aug 5, 2020 8:33 AM

  • Shock to the System: Key International Tax Issues Associated with Supply Chain Disruption, Journal of International Taxation

    The COVID-19 crisis has highlighted the challenges a multinational enterprise (“MNE”) faces when global supply chains are disrupted. Decisions must be made quickly when a distribution center is temporarily shut down, when employees in key supply chain roles cannot perform their functions in their expected locations and when the source of raw materials or components... (See Article)

    Aug 5, 2020 8:33 AM

  • Litigation Tourists Can’t Turn Back Time to Dodge BMS in California

    This post is from the non-Reed Smith side of the blog. Today’s case involves several multi-plaintiff complaints filed in California involving out-of-state plaintiffs who allege they suffered an injury from using out-of-state defendants’ prescription drug product that was distributed by a company headquartered in California.  Afraid you’ve fallen through a portal that transported you back... (See Article)

    Aug 5, 2020 8:33 AM

  • FCA publishes statement on non-damage business interruption settlements and deductions in relation to Government support

    In response to concerns expressed about how insurers are calculation non-damage business interruption (BI) claims payments where liability has been agreed, the Financial Conduct Authority (FCA) has published a statement on deductions being made for Government support received.  Over the past few months many BI claimants have received some form of Government support in response... (See Article)

    Aug 5, 2020 8:33 AM

  • What the Public should know during a Salmonella Outbreak

    What is Salmonella? Salmonella is a bacterium that causes one of the most common enteric (intestinal) infections in the United States – salmonellosis. It has long been said that, in 1885, pioneering American veterinary scientist, Daniel E. Salmon, discovered the first strain of Salmonella. Actually, Theobald Smith, research-assistant to Dr. Salmon, discovered the first strain... (See Article)

    Aug 5, 2020 8:33 AM

  • My Brother’s Keeper: When Do Minority Stockholders Risk Being Considered “Controllers” of a Delaware Corporation?

    Recent Delaware cases have clarified that minority stockholders merely rolling over shares alongside an independent and unrelated controlling stockholder do not form a control group in most cases—the controlling stockholder must cede a “material attribute of its control.” Minority stockholders exercising charter-provided consent rights to block a corporation from making a voluntary bankruptcy filing may be found to have a fiduciary duty that effectively runs indirectly to all of those with an interest in the corporation, including creditors. (See Article)

    Aug 5, 2020 8:32 AM

  • COVID-19: K&L Gates Working Wise: Navigating Your Business Through a Shifting Enforcement Landscape: Practical Advice in the Time of COVID-19 Workplace Safety Enforcement

    In this podcast, Nicole Stockey, Megan Moore, and Melanie Stratton Lopez discuss potential government enforcement actions employers need to consider when returning to work, with a focus on OSHA’s enforcement guidance. (See Article)

    Aug 5, 2020 8:32 AM