November 30, 2020

Volume X, Number 335

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FEATURED ARTICLES

The US capitol in the midst of many crises
This report captures the shifting state, territorial and local government policies and guidance in response to the COVID-19 pandemic and reopening of... Read More >
Counterfeit Starbucks Coffee Sales in China
On November 22, 2020, the Jiangsu Provincial Consumer Protection Committee announced they filed a public interest lawsuit on October... Read More >
HHS Issues Controversial Drug Rebate Reform Final Rule
Before the COVID-19 pandemic derailed even the best-laid plans, the Trump Administration and Congress were focused on a different public health issue... Read More >
Washington Energy Updates for December 2020
Key Dates in Presidential Transition Late November/Early December – States certify election results (deadline varies by state).... Read More >
Employers Need to Know and Can Do about COVID Vaccines
In the last two weeks, two drug manufacturers announced the results of late-stage trials for COVID-19 vaccines that show effective rates of 95... Read More >
IRS Guidance on Deductibility of Expenses Paid With PPP Loans
The IRS recently released additional guidance about the tax treatment of expenses paid with proceeds of Paycheck Protection Program loans. The PPP... Read More >
Energy and Environmental Legislation in the 117th Congress
While the election results are not yet final, this article will proceed from the assumption that former Vice President Biden will become President in... Read More >
New York CBD Regulations
In October 2020, the New York State Department of Health announced regulations for cannabinoid hemp products. In accordance with legislation... Read More >
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SEC Enforcement Actions and Trends with COVID
Following a decline in SEC enforcement activity during the early phases of COVID-19, activity... Read More >
online banking
“We are the Borg. Your biological and technological distinctiveness will be added to our own.... Read More >
Compliance for ADS-B OUT as Part of Lease Redelivery Conditions
Introduction Countries around the world are putting in place a more accurate system of tracking... Read More >
Nonqualified Plan Need Amended by December 31, 2020?
Section 162(m) of the Internal Revenue Code (“Code”), which disallows the deduction by any publicly... Read More >
Microphone used at a speaker program
In the midst of the pandemic emergency, the Department of Health and Human Services Office of... Read More >
SEC OCIE Advisors
On November 19, 2020, Peter Driscoll, director of the Office of Compliance Inspection and... Read More >
Social Media Copyright
Marketing on social media is nothing new, but with the world in various forms of lockdowns, social... Read More >
EEOC Compliance Manual Update
On November 17, 2020 the Equal Employment Opportunity Commission (“EEOC”) released proposed updates... Read More >
energy in the graphic
Comments for FERC’s Notice of Proposed Rulemaking on Fuel Cell Energy Output (“NOPR”) are due... Read More >
California grown produce in new pathogen studies
On November 19, 2020, the FDA announced that it was partnering with the California Department of... Read More >

Emerging Legal News

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Federal Law News

empty jury box due to COVID-19

To constitutional scholars, the line between Alexander Hamilton and the federal judiciary will always connect through The Federalist No. 78, wherein Hamilton anticipated the doctrine of judicial review by concluding...

CFTC Annual Whistleblower Report

The Commodity Futures Trading Commission (“CFTC”) recently released its 2020 Annual Report on the status of its whistleblower program for...

Online Holiday Shopping Tips

I have done more online shopping this year than ever before, and I know that I am not alone. With the holidays approaching, this will only increase because of the pandemic, and hackers and fraudsters know it. ...

TSCA CDR Deadline Extended

On November 25, 2020, EPA formally extended the deadline for the 2020 Toxic...

Tax Planning For Individuals Following the Nov 2020 Election

Following the recent November 2020 elections, individual tax planning faces further uncertainty for the remainder of this year and into the beginning of 2021. While it appears that Democrats will control the House of...

Cyber-Attacks in the Utility and Energy Sectors

To assist utilities with assessing and responding to cyber risks, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) recently issued a report on best practices to...

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State Law News

US EPA Official Seal
by: EPA

EPA announces $3.2 million to protect water quality

LITTLE ROCK (November 20, 2020) — Today, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler wrapped up his...

cybersecurity solar system

It depends.

As discussed in Q 223, the CPRA ostensibly expanded the three substantive contractual restrictions identified in the CCPA by referring to nine additional provisions that should be included within a service provider agreement by...

CyberSweep for data privacy in California

As discussed in Q 204, the CCPA requires that a service provider agree to three substantive restrictions involving the retention, use, and disclosure of personal information.  The CPRA ostensibly expands upon the three...

Wyoming as Digital Asset Epicenter

The U.S. Securities and Exchange Commission (“SEC”) issued a statement in response to the Wyoming Division of Banking’s ...

Following publication of our recent Legal Update discussing the statewide surge of workplace safety grievances, we have...

INTERNATIONAL LAW NEWS

Union Jack outside of Parliament in the UK in session on infrastructure
by: Nick Helm

Just days after Boris Johnson’s well-received 10 point plan for a Green Industrial Revolution, now it is the turn of Rishi Sunak to talk infrastructure.  For those of us with a particular interest in...

British pound in banking post COVID

Last week, the Financial Conduct Authority (FCA) and the Financial Ombudsman Service (FOS) released correspondence in which the FCA sought reassurance from the FOS in relation to how it intends to handle complaints about...

Australia NSW Court on COVID-19 Business Interruption Claims

SUMMARY 

There was bad news for insurers seeking to exclude business interruption claims arising from COVID-19 last week when the NSW Court of Appeal held on 18 November 2020 that certain policies, with outdated exclusion clauses, may...

Australia Security Interest Vesting

The Federal Court has today sensibly ruled that security interests do not vest in the company grantor simply because the company had at some time previously been in liquidation, administration or subject to a deed of company arrangement (DOCA)....

Australia NSW Energy Infrastructure

WHAT HAS HAPPENED?

As covered in our previous article here, the NSW Government released its ...