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FEATURED ARTICLES

Trump Proclamation Suspends Chinese Military Entity Associate US Entry
President Trump Issues Proclamation Suspending Entry of Certain Chinese Students and Researchers
by: Dillon R. Colucci
On May 29, 2020, President Trump issued a proclamation (the “Proclamation”) suspending entry of citizens of the People’s... Read More >
US Citizenship Immigration Services USCIS Back to Work
COVID-19 UPDATE: USCIS Premium Processing Returns Beginning June 1, 2020
by: Suzan Kern
After suspending all “premium processing” for more than two months during the COVID-19 pandemic, USCIS today announced it will... Read More >
CARES Act PPP Loan Forgiveness Conditions Relaxed
House Passes Bill to Relax PPP Forgiveness Conditions
by: William L. Brewer and Douglas R. Brown
The U.S. House of Representatives passed a bill on May 28, 2020, to relax the terms and conditions for forgiveness of Paycheck... Read More >
Trump Signs EO on Communications Decency Act
President Signs Executive Order Directing Agencies to Probe the Contours of CDA Immunity
by: Jeffrey D. Neuburger
President Trump signed an Executive Order today attempting to curtail legal protections under Section 230 of the Communications... Read More >
Social Media Influencers and Attention Economy
Influence Peddling as Attention Economy Business Model
by: Theodore F. Claypoole
Business lawyers and other trusted advisors need to pay attention to where other people’s attention is wandering.  That’s where the... Read More >
Leonard v Nike: Copyright and NBA Kawhi Leonard
Leonard v Nike: Copyright in the Klaw
by: Jack Blakey and Jacob M. Davis
Kawhi Leonard has been in the headlines for all of the right reasons recently. He led the Toronto Raptors to the franchise’s first NBA... Read More >
5th Circuit Dismisses Case Against Facebook in Suttles v. Facebook, Inc.
Taking Side on Circuit-Splitting Issue, Texas District Court Holds that Facebook Promotional Texts Were Not Sent Using ATDS
by: Bradley J. Andreozzi
The Western District of Texas recently dismissed with prejudice a TCPA suit against Facebook brought by Colin Suttles, an individual who claimed he... Read More >
Antibody Testing CDC Guidance
CDC Issues Guidance Warning Against Use of Antibody Testing in Making Decisions Regarding Returning Employees to the Workplace
by: Harris M Mufson and Evandro C Gigante
The CDC has issued interim guidance on antibody testing for the SARS-CoV-2 coronavirus that causes COVID-19. While the guidance is... Read More >
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Proposed Regulations Provide Guidance to Exempt Organizations on Identifying Separate Unrelated Trade or Businesses
IRS Tax Cuts Jobs Act Regulation
by: Stuart L Rosow
and
Amanda H Nussbaum
On April 23, the Treasury Department and the Internal Revenue Service (the “IRS”) issued helpful... Read More >
Beltway Buzz, May 29, 2020
US House of Representatives Vote by Proxy
by: James J. Plunkett
Historical Week in the House.  The U.S. House of Representatives reconvened this week for its first... Read More >
Preparing Your Responses: How to Tackle Opening Day Obstacles
Coronavirus Return to Work Employer Considerations
by: Saniya Ahmed
and
Ron Holland
As you plan for opening day at the workplace, remember that there is no one-size-fits-all solution... Read More >
CDC COVID-19 Workplace Reopening Guidelines – High-Risk Employees
returning higher risk employees to work
by: Gregg S. Kahn
and
Laura Stutz
The U.S. Department of Health and Human Services Centers for Disease Control and Prevention (CDC)... Read More >
Preparing Your Workforce: How to Avoid Legal Landmines When Bringing Employees Back
Preparing Workforce for Return to Work Coronavirus
by: Ellen M. Bronchetti
and
Lindsay Ditlow
As businesses reopen, all employment-related decisions will be subject to heightened scrutiny,... Read More >
FINRA Shares Best Practices by Firms to Supervise in a Remote Work Environment
FINRA Remote Work Best Practices
by: Pete S. Michaels
and
David L. Ward
FINRA, through its most recent Regulatory Notice 20-16, shares certain common practices they have... Read More >
TALF 2.0 FAQs Round Two: Questions Answered
Federal Reserve TALF FAQ
by: Edward Dartley
On May 12, 2020, the Federal Reserve Bank of New York (the “Fed”) released its initial draft of... Read More >
LIBOR Transition Best Practices Statement Issued by ARRC
banking in global markets
by: Guy C. Dempsey, Jr.
On May, 27, the Alternate Reference Rate Committee (ARRC) that works under the auspices of the... Read More >
Commodity Futures Trading Commission Issues New Guidance for Civil Monetary Penalties
CFTC Civil Monetary Penalties Guidance
by: Ruta Kalvaitis Skučas
and
Valerie L. Green
The Commodity Futures Trading Commission (CFTC) recently issued new guidance outlining factors the... Read More >
Five Takeaways: Early Moves and Current Trends in Energy Storage
advances in energy storage technology, batteries
by: Edward Zaelke
and
Carl J. Fleming
McDermott continues its dialogue with renewable industry leaders to provide the latest market... Read More >
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Federal Law News

Class Action Litigation Eighth, Tenth, D.C. Circuit
Class Action Litigation Newsletter Spring 2020 - Eighth, Tenth, D.C. Circuits
by: Robert J. Herrington and Stephen L. Saxl

Eighth Circuit

Stuart v. Glob. Tel *Link, 956 F.3d 555 (8th Cir. 2020)

Eighth Circuit affirms order decertifying nationwide class where the unifying legal theory used to support...

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Plaintiffs Attempt to Forum Shop from 11th to 6th, unsuccessful
TCPA Plaintiff Could Not Get Away with Forum Shopping Antics
by: Shiqi (Sara) Borjigin

As a well-known fact and sad reality in the TCPAWorld, the outcome of a TCPA action depends largely on where the suit is taking place. By now, the TCPAWorld residents are so used to see various “creative” arguments and claims by plaintiffs, just...

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Class Action Litigation Seventh Circuit - Mussat v. IQVIA, Inc., Joiner v. SVM Management LLC 2020, Douglas v. W. Union Co.
Class Action Litigation Newsletter Spring 2020 - Seventh Circuit
by: Robert J. Herrington and Stephen L. Saxl

...

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Class Action Litigation Seventh Circuit - Mussat v. IQVIA, Inc., Joiner v. SVM Management LLC 2020, Douglas v. W. Union Co.
Class Action Litigation Newsletter Spring 2020 - Seventh Circuit
by: Robert J. Herrington and Stephen L. Saxl

...

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California Federal Court Sends CAFA Case back to California State Court
Brain Freeze: California Federal Court Rejects Ice Cream Shop’s CAFA Removal
by: Peter J. Wozniak and Mark Wallin

A California district court recently remanded a wage and hour class action back to state court, rejecting evidence and arguments in support of removal under the Class Action Fairness Act (CAFA).

In Hayes v. Salt & Straw, LLC,...

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2nd Circuit Court Decision Kirschner v. J.P. Morgan
Federal Judge Confirms That Syndicated Loans Are Not Securities
by: Steven Williams Walker and Scott A. Schaaf

On May 22, 2020, Judge Paul Gardephe of the Southern District of New York held that a syndicated term loan was not a “security” under state securities laws. The ruling confirmed the assumption, which has been fundamental to the growth of the...

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woman telemarketing despite TCPA
TCPA VERTIGO: Defendant’s Argument that the TCPA Does Not Apply to Government Contractors Reminds us All Just How Messed Up the TCPA Really Is
by: Eric J. Troutman

For anyone wondering just how messed up TCPAWorld really is, let’s discuss whether or not government contractors—i.e. folks that place phone calls on behalf of the federal government—are subject to the TCPA.

...
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Fourth, Fifth, Sixth Circuit Class Action Litigation - Sales Practices & Products Liability Litigation, Cruson v. Jackson Nat’l Life Ins. Co., Forsher v. J.M. Smucker Co.
Class Action Litigation Newsletter Spring 2020 - Fourth Circuit, Fifth Circuit, Sixth Circuit
by: Robert J. Herrington and Stephen L. Saxl

Fourth Circuit

...

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IP Brain
USPTO Again Extends Certain Patent and Trademark Deadlines in Response to COVID-19
by: Majid AlBassam

The United States Patent and Trademark Office’s (“USPTO”) has announced further COVID-19 relief by extending time periods to file patent and trademark related documents and providing waivers for the payment of certain fees. The...

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State Law News

reopening Texas businesses
Reopening Texas: Governor Abbott Expands the List of Covered Services
by: Katrina Grider and Tiffany Cox Stacy

On May 26, 2020, Governor Greg Abbott issued a proclamation expanding the list of “Covered Services” permitted to reopen in Texas...

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New Jersey Small Business Rent Abatement
No Rent Abatement for Small Businesses in New Jersey: Landlord/Tenant Trials Remain Suspended Through June 14, 2020
by: Timothy P. McKeown

One of the questions frequently asked when the lockdown began over two months ago was from small business owners who wanted to know whether they had the right to suspend their rent payments. In response, the New Jersey Legislature introduced a...

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new york skyline
COVID-19 Update: Mayor DeBlasio Signs Legislation Intended to Limit the Enforcement of Personal Liability Provisions in Commercial Leases in New York City
by: Steven M. Herman and Nicholas E. Brandfon

On May 26, 2020, New York City Mayor Bill DeBlasio signed into effect a law (the “New Law”) that amends the administrative code of New York City1 to prohibit the enforcement of provisions in a commercial lease or...

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Real estate lease
NYC Law Renders Some Commercial Lease Guarantees Unenforceable
by: Tenley Mochizuki

Key points

  • Under the newly enacted law Int. No. 1932-A, the New York City Administrative Code was amended to render unenforceable, in certain instances, the personal...

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reopening restaurants
Privacy Considerations for Businesses Screening Employees and Visitors as They Reopen in California
by: Eileen R. Ridley and Steven Millendorf

New privacy challenges await California businesses as they begin to develop plans to reopen after more than two months of lockdown due to the COVID-19 pandemic. Most businesses are required to fill out a county-specific safe...

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INTERNATIONAL LAW NEWS

Dominican Republic Elections & COVID19
Upcoming Dominican Republic Presidential Elections; Possible Challenges
by: Mayte Gutierrez Fedowitz

With presidential and congressional elections scheduled to take place on July 5, 2020,[1] the President of the Dominican Republic, Danilo Medina Sánchez, announced last Sunday May 17, 2020, a set of measures for a staged reopening of the...

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China Personality Rights
China’s New Civil Law Adds Right of Publicity
by: Aaron Wininger

The Third Session of the 13th National People’s Congress (NPC) voted and passed the “Civil Code of the...

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UK Tax Tribunal Centrica Overseas Holdings Limited v HMRC Decision
Advisers’ Fees Non-Deductible Where Management Decisions Made by Parent Company
by: Stephen Pevsner and Philip Gilliland

The UK’s First-tier tax tribunal (FTT) has just released an interesting decision considering whether or not expenses incurred by a parent company on advisers’ fees that related to a proposed disposal by a group subsidiary and were charged on to...

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Belgian PA Publishes Draft Opinion on Coronavirus Tracking Apps
Belgian DPA Publishes Opinions on Draft Laws for the Creation of a Database and for the Use of Contact Tracing Apps for COVID-19 Tracking
by: Hunton Andrews Kurth’s Privacy and Cybersecurity

On May 25 and May 26, 2020 respectively, the Belgian Data Protection Authority (the “Belgian DPA”) published two opinions on draft laws introducing COVID-19-related tracking initiatives: (1) the Opinion 42/2020 on the draft law for the creation...

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euros for sale
ESMA Clarifies Reporting of Repos With EU Central Banks Under MiFIR
by: Carolyn H. Jackson and Nathaniel W. Lalone

On May 21, the International Capital Market Association (ICMA) published a response received from the European Securities and Markets Authority (ESMA) in relation to proposals for reporting of central bank repurchase...

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