Baker Donelson (JD Supra United States)

3426 results for Baker Donelson (JD Supra United States)

  • SCOTUS Narrows Computer Fraud and Abuse Act

    On June 3, 2021, the U.S. Supreme Court issued its decision in Van Buren v. United States and narrowed the Computer Fraud and Abuse Act of 1986 (CFAA), which subjects to criminal liability anyone who "intentionally accesses a computer without authorization or exceeds authorized access." 18 U. S. C. section 1030(a)(2). In Van Buren, the Court interpreted the meaning of "exceeds authorized access"...

  • International Shoe Drops Again: Expanding Personal Jurisdiction in Products Liability Cases

    As commerce has expanded nationally and globally, the Supreme Court of the United States has continuously revisited and tweaked its jurisprudence relating to a court's exercise of personal jurisdiction over non-resident defendants. In 1945, the Supreme Court decided International Shoe v. Washington in which it held that a court can exercise personal jurisdiction over a defendant – that is,...

  • Biden-Harris Administration Pushes Out Key Immigration Updates in May

    Keeping true to the February executive order, "Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans," the Biden-Harris administration announced key policy changes last month, which offer some relief from Trump-era employment-based immigration restrictions. Changes include ending biometrics intake for certain spouse work permit...

  • OIG Reports Lessons Learned from the CARES Act and Advises on American Rescue Plan

    Last year, the CARES Act authorized the U.S. Department of the Treasury (Treasury) to make $150 billion payments to state, local, territorial, and tribal governments from the Coronavirus Relief Fund (CRF). Treasury issued guidance on how the funds could be spent, but recipients were not required to sign assistance agreements and funds were not considered by the agency to be "grants" subject to...

  • FEMA Applicants and American Rescue Plan Fiscal Recovery Fund Recipients Should Know About Updates to Procurement Requirements

    Entities that enter into contracts funded by federal grants like FEMA's Public Assistance program or the Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan, must ensure their procurements and contracts meet the requirements of 2 C.F.R. Part 200, also referred to as the "Uniform Rules." Last fall, the Office of Management and Budget revised 2 C.F.R. Part 200,...

  • Proposed Bill Relating To the Period of Developer Control Passes the House But Does Not Reach the Floor In the Senate

    A bill that proposed significant changes to the Maryland Condominium Act, as well as the Maryland Homeowner Association Act, concerning the period during which the developer is in control of the council of unit owners or the homeowner association, was passed in the House of Delegates by a vote of 101 – 31. However, it was never brought to a vote in the Senate. As it relates to condominiums,...

  • EEOC Updates Technical Assistance Questions and Answers on Mandatory Vaccinations and More

    On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) posted updated and expanded technical assistance related to the COVID-19 pandemic. The May 28 update replaces Section K, Vaccinations, with a new version that also addresses incentives under the Americans with Disabilities Act (ADA) and the Genetic Non-Discrimination in Employment Act (GINA).

  • Spotlight: Signature HealthCARE and Associate Counsel Melissa Gruner

    Tell me a little bit about yourself and your career path. What led you to Signature HealthCARE? I am a litigator through and through. I started my career at the Louisville, KY Public Defender's office because I wanted to try cases. I transitioned my practice to civil defense for many years as a partner at a national law firm where I developed my niche for long term care work. Transitioning into...

  • The Rise of Women in Politics

    In 2021, each branch of the United States government has met or exceeded the record number of women in prominent government roles. In addition, 2021 marks several firsts for women in United States politics. These accomplishments manifest the dreams and desires of the early advocates and pioneers for women's rights.

  • Hunstein on Rehearing – Revisiting Article III Standing in the Eleventh Circuit

    On April 21, 2021, the Eleventh Circuit Court of Appeals issued its decision in Richard Hunstein v. Preferred Collection and Management Services, Inc., and potentially created a new claim under the Fair Debt Collection Practices Act (FDCPA) – ruling that a debt collector's sharing of information with a vendor is a violation of that statute, specifically of 15 U.S.C. §1692c(b). The debt collector...

  • National Interest Exception Applications for International Business Travelers on the Rise

    With the COVID-19 pandemic easing, Baker Donelson's Business Immigration Team is seeing an increase in demand for U.S. employer-based employment visas. However, even as we have been obtaining employment visa petition approvals at a record pace for L-1, E-2, H-1B and O-1 employees, at the same time, these and other international business visitors and employees from around the world are facing...

  • Creative Approaches to the Employee Retention Credit

    Much has been written about the Employee Retention Credit (ERC), enacted as part of the CARES Act, and amended and expanded by the Consolidated Appropriations Act (CCA) and most recently, the American Rescue Plan Act of 2021 (ARPA), enabling certain companies to receive credits/refunds of federal employment taxes. The 'expanded' ERC continues to encourage employers to maintain and possibly expand

  • Got Pot? Can You Test to Find Out?

    Because of the state-by-state piecemeal legalization of marijuana, employers today face a dichotomy between maintaining a safe workplace versus adhering to the ever-changing legal landscape of drug testing for marijuana. Fifteen states have passed laws allowing recreational marijuana consumption of cannabis, and 48 states permit some form of marijuana use for medical reasons. Several states that...

  • Gender Diversity in EEO-1 Reporting? Not Yet.

    After delaying the opening of the 2019 EEO-1 Component 1 data collection because of the COVID-19 pandemic, the EEOC has announced that the 2019 and 2020 EEO-1 Component 1 data collection are now open. Eligible employers have until Monday, July 19, 2021 to submit two years of data. For more information about this year's reporting requirements for various data collection components, visit the EEO...

  • OSHA Guidance for Employers Regarding Reportable COVID-19 Vaccine Adverse Reactions

    On April 20, 2021, the federal Occupational Safety and Health Administration (OSHA) released new guidance for employers who require employees to obtain COVID-19 vaccinations. We previously reported that employers may require employees to be vaccinated; however, certain employer obligations arise (including ADA and Title VII accommodations) once the vaccine is mandated as a condition of employment

  • U.S. DOL Withdraws Favorable (to Employers) Independent Contractor Rule

    In January 2021, the U.S. Department of Labor (DOL) published a new final rule for determining independent contractor status under the Fair Labor Standards Act (FLSA). See our article here explaining the final rule. The rule had an initial effective date of March 8, 2021, but the Biden administration pressed pause on that effective date and subsequently, on March 12, 2021, the DOL issued a notice

  • Are Your Non-Compete Agreement and Handbook Still Legal? D.C. Joins National Trend by Enacting a Sweeping Ban on Non-Compete Agreements

    In a developing trend, several states have enacted legislation that either restricts an employer's ability to require an employee to sign a non-compete agreement as a condition of employment or outright prohibits non-compete agreements altogether. A non-compete agreement is simply an agreement that restricts an employee's ability to "compete" with your business. These agreements may establish...

  • Borrowers Should Build a Record to Prepare for PPP Loan Forgiveness Appeals

    The Small Business Administration's (SBA) Paycheck Protection Program (PPP) loan forgiveness data shows that more than 182,000 PPP loan forgiveness applications are currently "under review" by the SBA. A March 22, 2021 joint letter to SBA's Administrator, which was jointly written by all fifty state banking associations, confirms that lenders and borrowers are struggling with the significant...

  • True Lender Rule May Be Repealed

    As most financial institutions and lenders are aware, in October 2020 the Office of the Comptroller of the Currency (the OCC) issued a rule that required the identification of the "true lender" of a loan to a customer if the loan originates through a partnership between a nationally chartered bank and a third party, usually a non-bank lender.

  • A Disheartening Reality: The Rise In Domestic Violence Pro Bono Matters

    Over the past year, as stay-at-home orders and quarantine requirements were put in place, the National Coalition Against Domestic Violence (NCADV) braced itself for a surge in domestic violence incidents. Prior to the COVID-19 pandemic, NCADV reports that on average, during one year in the United States, approximately ten million women and men are physically abused by an intimate partner (https://

  • BREAKING: Treasury Releases Guidance for Coronavirus State and Local Fiscal Recovery Fund

    This week, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Fund, established by the American Rescue Plan Act of 2021, to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments. According to Treasury's statement accompanying its launch of the program and release of related guidance, the...

  • Biden Administration Signals Dramatic Shift in Focus to Confront Cyber Concerns In Government Contracting

    In a paradigm shift for cybersecurity, President Biden signed an ambitious Executive Order (the Order) on May 12 to address the increasingly sophisticated threats by malicious cyber actors to the nation's software supply chains and federal information systems. The Executive Order on Improving the Nation's Cybersecurity seeks to modernize federal government cybersecurity, improve information...

  • Court May Invalidate 2019 EB-5 Regulations While Regional Center Legislative Expiration Looms

    A magistrate judge in federal court in California seems likely soon to issue an order invalidating the 2019 EB-5 regulations despite current DHS Secretary Mayorkas' recent ratification of same. The probable results: (1) immediate stagnation of EB-5 investments while the dust settles on court cases and pending legislative process, even though proceeding with existing plans to invest might be wise...

  • PPP Oversight: Congress Turns Its Focus to the Agency Diligence

    On March 25, 2021, Chairwoman of the House Committee on Oversight and Reform Carolyn Maloney and the Select Subcommittee on the Coronavirus Crisis released a staff memo highlighting "new evidence" of the Trump Administration's mismanagement of the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program. The Committee memo, which recognizes that these programs played a...

  • Employers' Top Five COVID-19 Vaccination Questions Answered

    The introduction of COVID-19 vaccines has created many questions in the workplace for employers. In this alert, we address five of the most popular vaccine-related questions, including vaccine mandates, mask mandates, and ADA accommodations.

  • Florida Adopts Text of the Federal Summary Judgment Standard

    Nearly four months to the day from when the Florida Supreme Court announced the state's adoption of the federal summary judgment standard, the Court went a step further and announced the adoption of the text of the federal summary judgment rule itself. This ruling comes after the Court received comments and heard oral argument on the scope of the amendment of Florida Rule of Civil Procedure 1.510.

  • Executive Order Increases Hourly Minimum Wage For Federal Contractors

    On April 27, 2021, President Biden signed an Executive Order requiring federal contractors to pay a $15 minimum wage to workers on federal contracts by March 30, 2022. After 2022, the minimum wage will be indexed to adjust annually for inflation.

  • NIST Publishes Guidelines Aimed at Enhancing Hotel Property Management System Security

    Introduction - Hospitality organizations depend heavily on the property management system (PMS) of each hotel to run day-to-day operations. The PMS handles most vital functions, including reservations, room availability, pricing, revenue management, loyalty program integration, guest profiles, guest preferences, report generation and financial record keeping.

  • FEMA Seeks Public Comments on Future Program Delivery by June 21

    On April 22, FEMA released a request for information to the public seeking comments on specific FEMA programs, regulations, collections of information, and policies for the agency to consider in light of recent Executive Orders.

  • Common Use of Third-Party Mail Vendors is Actionable Under the FDCPA

    In its just-released decision, the Eleventh Circuit Court of Appeals has potentially created a new claim under the Fair Debt Collection Practices Act (FDCPA). In Richard Hunstein v. Preferred Collection and Management Services, Inc., the Court examined a district court's dismissal of a novel argument – one that the decision itself notes is a question of first impression. The issue brought before...

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