Federal Law News

ALJ turnover has led to significant changes in how Section 337 investigations are conducted

ITC Practice and Procedure: Form of Witness Testimony

Over the past five years, five of the six Administrative Law Judges (ALJs) at the International Trade Commission (ITC) have retired and four new ALJs have been appointed. Former...

HHS publishes Safeguarding the Rights of Conscience as Protected by Federal Statutes

HHS Issues Proposed Rule to Provide Clarity on Rights of Conscience in Healthcare

Patrick M. Callaghan & Jarrod Brodsky

On January 5, 2023, the U.S. Department of Health and Human Services (“HHS”) published a notice of proposed rulemaking entitled “Safeguarding the Rights of Conscience as Protected by Federal Statutes” (the “...

January 25, 2023 US Executive Branch Update

US Executive Branch Update – January 25, 2023

Stacy A. Swanson

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

POTUS’ Schedule*

8:30 a.m....

USCIS agrees to adjudicate Forms I-539 and I-765 for extensions of H-4 and L-2

USCIS Agrees to Bundle Adjudications of H-4 & L-2 Spousal Extensions and EAD Applications with H-1B & L-1 Principals

William L. Coffman

On January 20, 2023, as part of a settlement agreement with the plaintiffs in Edakunni v. Mayorkas, USCIS agreed to adjudicate Forms I-539 and I-765 for extensions of H-4 and L-2 spouses and employment authorization...

Goodbye LIBOR — Hello Reg ZZ

Craig N. Landrum

On Friday, December 16, the Board of Governors of the Federal Reserve System (Board) adopted Regulation ZZ to implement the Adjustable Interest Rate (LIBOR) Act (Act). The Act was approved by Congress on March 15, to address...

Filings Under the Hart-Scott-Rodino Antitrust Act Sees Rise in Minimum Value

Hart-Scott-Rodino Notification Thresholds to Increase and Filing Fees to Change

Kenneth S. Knox & Thomas A. Donovan

Beginning on 27 February 2023, the minimum value for transactions potentially requiring the filing of a Premerger Notification and Report Form under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR” Act) will rise to...

U.S. Supreme Court’s Refuses To Address Privileged Treatment Of Dual-Purpose Communications

Considerations For In-House Counsel In Wake Of U.S. Supreme Court’s Refusal To Address Privileged Treatment Of Dual-Purpose Communications

John E. Kelly & Jacquelyn Papish

Earlier this month, the U.S. Supreme Court heard arguments in a case involving a law firm specializing in international tax issues, including the practice of advising clients on the tax consequences of expatriation, raising the...

ISO and ESPP Filing Deadlines Quickly Approach

Start the New Year on the Right Foot by Getting Your ISO and ESPP Returns and Statements Filed on Time

Jessica D. Liu

REPORTING REQUIREMENTS

Section 6039 of the Internal Revenue Code requires corporations to file information returns with the Internal Revenue Service (IRS) and provide information statements to...

State Law News

Colorado Attorney General Announces Settlement over Unearned GAP Fees

Colorado AG Secures Latest Settlement over Unearned GAP Fees

Moorari Shah & A.J. S. Dhaliwal

On January 4, the Colorado Attorney General announced that his office entered into assurances of discontinuance (available here and ...

LG2 LLC v. American Dairy Queen Corp. Offers Guidance on Minnesota's Franchise Act

American Dairy Queen Corporation Sued in Case Offering Guidance on Interpreting Minnesota’s Franchise Act

Peter Lawrence Loh

A case between a franchisor and franchisee in the U.S. District Court for the District of Minnesota offers guidance on interpreting Minnesota’s Franchise Act. In LG2, LLC v....

New York trial court judge struck down the state’s vaccine mandate for healthcare workers

New York Judge Blocks COVID-19 Vaccination Mandate for Healthcare Facilities

Janice G. Dubler & Cynthia A. Bremer

On January 17, 2023, a New York trial court judge struck down the state’s vaccine mandate for healthcare workers, ruling that the New York State Department of Health (DOH) acted outside its authority and noting that “the COVID-...

Delaware Court of Chancery Rules in Ainslie et al. v. Cantor Fitzgerald L.P.

Delaware Chancery Court Invalidates Forfeiture-for-Competition Provision in Partnership Agreement

Joseph C O'Keefe & Steven J Pearlman

On January 4, 2023, in Ainslie, et al. v. Cantor Fitzgerald, L.P., the Delaware Court of Chancery invalidated the forfeiture-for-competition provision in the financial services company’s limited partnership agreement,...