August 12, 2020

Volume X, Number 225

August 11, 2020

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August 10, 2020

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FEATURED ARTICLES

Trump scratching his overworked cranium
On Saturday, August 8th, President Trump issued an executive order titled “Memorandum on Deferring Payroll Tax Obligations in Light of the... Read More >
Key New Jersey Equine Statute Provision
For decades, a large segment of New Jersey’s population has engaged in equestrian and other equine-related activities. Further, equine... Read More >
EO on Medical Supplies & Medicines to be Made in the United States
On August 6, 2020, President Trump signed the “Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs... Read More >
Back to School
It’s August, and most years that means back-to-school shopping has arrived. This year, with the 2019 novel coronavirus (COVID-19) pandemic... Read More >
Trump Ban on Tik Tok: What does it mean?
On August 6, 2020, Trump issued two separate executive orders that will severely restrict TikTok and WeChat’s business in the United States.... Read More >
Coronavirus Vaccine Testing & Tracing Apps
New initiatives and some promising developments in vaccine trials, contact tracing efforts, and the production of more efficient COVID-19 detection... Read More >
Chinese AI Population Surveillance
Since its conception, people have worried that an artificial intelligence would turn against humanity and threaten our lives. While this may be a... Read More >
NLRB OKs Moonlighting Ban
The NLRB’s 2017 Boeing standard for evaluating the lawfulness of employer policies governing their employees continues to deliver... Read More >
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Connecticut Minimum Wage Increase
In May 2019, Connecticut joined a host of other states, including New York, New Jersey, and... Read More >
Fifth Circuit Court Decision William K. Hand v. Secure Lending Inc.
The COVID-19 pandemic has affected processes and procedures for plaintiffs and defendants in may... Read More >
SEC Orders Against Financial Advisers
In August 2020, the SEC issued two orders against VALIC Financial Advisors Inc. (VFA) related to... Read More >
Health Care Discrimination
Fifty-six years ago, racial bias and discrimination in healthcare should have been put to an end... Read More >
internet ISP subpoena over illegal downloads
Many people are either confused, do not know what to make of, or may even think it is a phishing... Read More >
Securities Exchange Commission SEC Warns of Cyberattacks
Cybersecurity has been a key examination priority for the Securities and Exchange Commission’s (SEC... Read More >
heavy duty trucks and air quality
We are continuing to follow regulatory developments proposed for the heavy-duty vehicle and engine... Read More >
Copyright Office Introduces Copyright Registration For Blog & Social Media Posts
Starting this month, social media influencers and other authors of online content can take... Read More >
the fiction of governmental leadership and organization
This report captures the shifting state, territorial and local government policies and guidance in... Read More >

Federal Law News

Seventh Circuit Court & Class Action Settlements

As I have discussed in earlier posts, there are multiple stakeholders to class action settlements, including named plaintiffs, absent class members, class counsel, defendants, and the courts. Conflicts can arise within some of these groups, and...

clean air act Title V operating permit

In Envtl. Integrity Project v. EPA, 2020 WL 278829 (5th Cir. 2020), the court ruled that the US Environmental Protection Agency (EPA) did not have to object to a Clean Air Act (CAA) Title V Air Operating (Title V) permit modification...

6ht Circuit Curt Decision Tillman v. Mich. First Credit Union

Supplemental jurisdiction, in simple terms, is a statutory tool that enables federal district courts to entertain claims not otherwise within their adjudicatory authority. The claims however should be “so related to claims . . .[in the federal-...

6ht Circuit Curt Decision Tillman v. Mich. First Credit Union

Supplemental jurisdiction, in simple terms, is a statutory tool that enables federal district courts to entertain claims not otherwise within their adjudicatory authority. The claims however should be “so related to claims . . .[in the federal-...

Foreign Workers; Visa Applications; DACA & other immigration updates

USCIS Will Increase Filing Fees as of October 2, 2020

On July 31, 2020, the U.S. Citizenship and Immigration Service (“USCIS”) announced it will ...

Food & Water Watch, Inc. v. EPA over drinking water fluoridation

On July 31, 2020, the plaintiffs and EPA filed a joint case management statement in the U.S. District Court for the Northern District of California case seeking a rulemaking under Section 6 of the Toxic Substances Control Act (TSCA) to prohibit...

taxation of carried interest

On July 31, 2020, the U.S. Department of Treasury published proposed regulations providing guidance under Section 1061 of the Internal Revenue Code of 1986 (“Code”), relating to taxation of so-called “carried interest” or “promote.” Code Section...

Since most of my last post discussing Judge Moore’s dissent focused on her criticism of...

Federal Circuit Reminds PTAB That Short Cuts Are Not Allowed

Last month, in a precedential decision, the Federal Circuit vacated-in-part and remanded the Patent Trial and Appeal Board’s (“Board”) obviousness determination regarding Alacritech’s computer networking patent because the...

State Law News

Delaware Chancery Court Rules on Stockholder & Shareholder  Provisions

In Fortis Advisors LLC, v. Allergan W.C. Holding Inc., C.A. No. 2019-0159-NTZ (Del. Ch. May 14, 2020), a shareholder representative appointed pursuant to a merger agreement asserted a claim on behalf of selling stockholders for certain...

Recovering Owed Amounts from Departing Employees

In employment, as in life generally, breaking up can be hard to do.  This is particularly so when a departing employee owes the employer money.  Most employers understand that applicable law often prohibits simply deducting such debts from an...

Seventh Circuit Court Illinois Go Bond Challenge

On August 6, 2020, an Illinois appellate court ruled that a petition by political activist John Tillman seeking leave to invalidate approximately $16 billion of Illinois’s general obligation bonds (“GO Bonds”) should be...

State Legislature COVID-19 Updates

In addition to its devastating effects on the global population, the COVID-19 pandemic has fundamentally altered operations in both the public and private sectors. Before elected officials could consider pandemic-related...

twisting the corporate shareholders for their vote

Yesterday's post considered the anomalous workings of California Corporations Code Section 112 with respect to the determination of a quorum when some shares are disqualified from voting with respect to a matter.  Section 315(g...

INTERNATIONAL LAW NEWS

Trump's version of government

Claiming that Canada was taking advantage of the United States, President Trump issued a Proclamation reinstating 10% tariffs on specific aluminum products imported from Canada. In turn, Canada has now proposed to impose 10%...

The world just received the newest pronouncement from the EU Court of Justice, in a ...

Trump's version of government

Claiming that Canada was taking advantage of the United States, President Trump issued a Proclamation reinstating 10% tariffs on specific aluminum products imported from Canada. In turn, Canada has now proposed to impose 10%...