January 27, 2021

Volume XI, Number 27


January 27, 2021

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January 26, 2021

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January 25, 2021

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Biden Made in America Exec Order
On January 25, 2021, President Joe Biden signed an Executive Order on “Ensuring the Future is Made in All of America by All of America’s... Read More >
DHA & States SAFE Act May Hamper Biden's Immigration Policies
The Department of Homeland Security (DHS) has signed agreements with many states that will pose a threat to the Biden administration’... Read More >
Biden DOL Tosses Trump-Era “PRO Good Guidance Rule”
As expected, one of the first orders of business from the U.S. Department of Labor under the Biden administration was to scrap the 2020 “PRO... Read More >
 D.C. Circuit Vacates Affordable Clean Energy Rule
On January 19, the D.C. Circuit vacated the Affordable Clean Energy Rule (ACE), a rule intended to reduce greenhouse gas (GHG) emissions emitted from... Read More >
New York Adult-Use Cannabis Regulation & Taxation Proposed
On Jan. 19, Gov. Andrew Cuomo released his Executive Budget Proposal for 2021-2022. As expected, the proposal includes comprehensive cannabis... Read More >
Biden Administration Climate, COVID Administrative Actions
On January 20, 2021, the Biden Administration began delivering on its commitment to issue a wide-ranging and forceful suite of actions that will... Read More >
COVID-19 National Strategy & Vaccine Distribution
Wednesday marked the beginning of a new presidency and with it a new chapter in the U.S. COVID-19 response. The Biden administration immediately... Read More >
Biden Immigration Executive Orders and Immigration Agenda
On his first day in office, President Biden signed 17 executive orders. The following relate to immigration issues: Count non-citizens... Read More >
Best Interest Standard of Care for Advisors
The Department of Labor’s Proposed Prohibited Transaction Exemption and Its Impact on... Read More >
Operation Ladybird Computer Servers
Today (January 27, 2021) was a BIG win for law enforcement in their efforts to combat cyber crime.... Read More >
Surprise Billing in the Consolidated Appropriations Act 2021
Introduction Surprise billing describes a situation when an insured patient unknowingly receives... Read More >
FAA Rules Unmanned Aircraft
On December 28, 2020, the FAA issued a new rule, published in the Federal Register on January 15,... Read More >
Bitcoin Tokenisation Regulation OECD Report
The Organisation for Economic Co-operation and Development (OECD) published a report on Regulatory... Read More >
test tubes
Parkinson’s disease is a devastating, incurable, progressive and degenerative neurological disease... Read More >
carbon capture happens
As we previously reported, in June 2020, the Treasury Department issued proposed regulations to... Read More >
DOJ Seal
One of the hallmarks of an effective compliance program is the incorporation of current trends in... Read More >
USPTO logo
The U.S. Patent and Trademark Office has released a summary of the Trademark Modernization Act of... Read More >
IRS Building Sign
Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant... Read More >

Emerging Legal News


Federal Law News

COVID-19 and Immunity & Liability

Millions of people across the country are waiting to get the COVID-19 vaccine.  For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...

Will Kaupelis v. Harbor Freight Tools USA

The California Consumer Privacy Act (the “CCPA”) went into effect on January 1, 2020.  CPW has covered some of the privacy litigations involving the CCPA (and ...

Gavel: Seventh Circuit and FCRA Claim on Credit card bill discharged in bankruptcy

On January 19, 2021, the United States District Court for the Western District of Wisconsin granted a motion to dismiss filed by a consumer reporting agency in Ewert v. FD Holdings, LLC d/b/a Factual Data, 2021 WL...

money stacks

The U.S. Court of Appeals for the 1st Circuit recently issued an important decision regarding the scope of the Wire Act.1 Aligning itself with the 5th Circuit, the 1st Circuit concluded that, in all of its...

a driver's license may provide more information than is safe, or necessary

Data privacy litigation comes in all shapes and sizes.  One federal privacy statute that CPW readers may not have heard of is the Driver’s Privacy Protection Act (“DPPA”).  A class action settlement which just received a...

COVID-19 Business Interruption Insurance Coverage

Two federal cases in the Northern District of Ohio recently reached very different conclusions on whether the state’s COVID-19 shutdowns of restaurants permit valid claims for business interruption insurance coverage. Reviewing essentially the...

Texas Court Considers: Is Amazon a Seller?

The Texas Supreme Court is set to determine whether Amazon can be considered a “seller,” and thus held liable, for a defective product sold through its website, in the case of McMillan v. Amazon.com, Inc., No. 20-20108, 2020 WL...


State Law News

California Privacy Rights Act CPRA

The California Privacy Rights Act (CPRA) amends the California Consumer Privacy Act (CCPA). While most of the provisions in the CPRA do not go into effect until Jan 1, 2023, the changes do cover personal information collected as of Jan. 1, 2022....

New York Biometric Privacy Act

On January 6, 2021, a bipartisan group of New York State lawmakers introduced Assembly Bill 27, the latest version of proposed privacy legislation...

Virginia's Permanent COVID-19 Standard

In July 2020, the Safety and Health Codes Board of the Virginia Department of Labor and Industry approved an emergency temporary standard for...

California COVID-19 Supplemental Paid Sick Leave

In 2020, employers with employees in California were inundated with new compliance requirements brought on by the COVID-19 pandemic. It seemed that another local government or the state passed a COVID-19 supplemental paid sick leave requirement...

tip jar under federal regulations

On January 19, 2021, eight states (Delaware, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, and Pennsylvania), along with the District of Columbia, filed a lawsuit seeking to enjoin the Tip Regulations Final...


The United Kingdom’s New Frontier Worker Permit Eligibility

A“frontier worker” is a resident of the European Union, Switzerland, Norway, Iceland, or Liechtenstein, who is employed or self-employed in the United Kingdom.

From 1 July 2021, the UK government will...

China IP cancels Patent Subsidies

On January 27, 2021, the China National Intellectual Property Administration (CNIPA) announced in the “Notice of the CNIPA on Further Strictly Regulating Patent Application Behavior” (...

Tariffs on Luxury French Goods

Key Takeaways:

  • Threatened 25% tariffs on French luxury goods are suspended.

  • USTR is still looking at tariffs in retaliation for taxes on U...

hand sanitizer

On January 26, FDA placed all alcohol-based hand sanitizers from Mexico on a countrywide import alert in an...