August 23, 2019

FEATURED ARTICLES

What Happens Before the ICE Raid

by: Enrique Alberto Maciel-Matos

ICE raids generally are the results of months (or even years) of investigation by Homeland Security Investigations (HSI). Before a “raid... Read More >

Alexa: What is venue?

by: Andrew H. DeVoogd and Serge Subach

A recent decision from the Northern District of New York provides a detailed outline for analyzing venue in patent infringement cases, and may... Read More >

DHS Promulgates Public Charge Rule to “Promote Self-Sufficiency,” Penalize Reliance on Public Benefits

by: Melissa Manna and Andrea C. Davis

On August 14, 2019, the Department of Homeland Security (DHS) published the final version of its public charge rule in the Federal Register.... Read More >

Ninth Circuit Denies En Banc Re-Hearing of Facebook First Amendment Challenge—TCPA Constitutionality Fight Headed to the Supremes?

by: Eric J. Troutman

Following the Ninth Circuit’s recent ruling severing portions of the TCPA to convert the statute to a content-neutral restriction in a bid... Read More >

Statue of Liberty, USCIS closing global offices

USCIS to Close Majority of its International Offices

by: Susan J. Cohen

On August 9, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that over the course of the coming year it will shutter all but 7 of... Read More >

USTR Announces List 4 Tariffs on $300B Imports from China While Continuing to Accept Exclusion Requests for List 3 Tariffs

by: Ivan W. Bilaniuk and Julia T. Stuebing

The U.S.-China trade dispute escalated yet again as the Office of the U.S. Trade Representative (USTR) announced a fourth round of tariffs of 10... Read More >

EPA Seeks Public Comment on First-Ever Hemp Pesticide Applications

by: Alan J. Sachs and Christopher Strunk

On August 21, 2019, the U.S. Environmental Protection Agency (EPA) announced its receipt of ten applications seeking to add new hemp uses to... Read More >

NCAA Adds, Then Modifies, Certification Requirements for Agents

by: Doriyon C. Glass

In 2018, in response to a federal investigation into alleged corruption, the National Collegiate Athletic Association (NCAA) established the... Read More >

U.S. to Reduce E Visa Validity for French Nationals

by: Agnes Cha Rudinsky

With only a 9-day notice, the U.S. Department of State (DOS) announced critical restrictions on... Read More >

FDIC Approves Amendments to the Volcker Rule

by: Kevin M. Foley

and

Guy C. Dempsey, Jr.

On August 20, the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) approved... Read More >

SEC Announced Charges for Regulation FD Violations

by: Mark J. Reyes

and

Mark D. Wood

On August 20, the Securities and Exchange Commission announced it had charged Florida-based... Read More >

SEC Issues New Guidance Regarding Proxy Voting Responsibility of Investment Advisers and the Applicability of Proxy Rules to Proxy Voting Advice

by: Richard D. Marshall

and

Mark J. Reyes

Investment Advisers On August 21, by a vote of 3 to 2, the Securities and Exchange Commission... Read More >

SEC Division of Corporation Finance Issues C&DIs Regarding Inline XBRL

by: Mark J. Reyes

and

Mark D. Wood

On August 20, the staff of the Division of Corporation Finance (the staff) of the Securities and... Read More >

VIEW MORE FEATURED ARTICLES >

Emerging Legal News

Volcker 2.0

by: Scott A. Cammarn and Mark Chorazak

Beltway Buzz, August 23, 2019

by: James M. Barrett

Manufacturing a Summer (Employment) Potpourri

by: Matthew T. Miklave

COMMENTARY: California OEHHA and EPA's Prop. 65/FIFRA Skirmish—The Latest in a 30 Year Dispute over Pesticide Labeling

by: Michael T. Novak and John B. Gustafson

PEER Petitions EPA for TSCA Rule Prohibiting Oil Refineries from Using Hydrofluoric Acid in Manufacturing Processes

by: Lynn L. Bergeson and Carla N. Hutton

BRAG Biobased Products Blog: August 23, 2019

by: Lynn L. Bergeson

Update on the Regulation of CBD-Infused Products

by: Food and Drug Law at Keller and Heckman

CFTC v. Kraft

by: Nicholas A.J. Wendland

Upcoming Legal Education Events

Tuesday, August 27, 2019

6 Questions Senior Management and Board Members Ask Corporate Counsel About D&O Insurance

Wednesday, September 4, 2019

An Exclusive Interview with Nicholas Smyth, Leader of the Pennsylvania Office of Attorney General’s Consumer Financial Protection Unit

Wednesday, September 4, 2019

Massachusetts Paid Family Medical Leave: What Employers Should Know

Tuesday, September 10, 2019

Complimentary Webinar: EU Food-Contact Declaration of Compliance and the Flow of Information in the Supply Chain - Register Today!

Federal Court News

EPA Public Comment Pesticide Applications Hemp

EPA Seeks Public Comment on Pesticide Applications Adding Hemp as a New Use Site

by: Lisa M. Campbell and Timothy D. Backstrom

On August 23, 2019, the U.S. Environmental Protection Agency (EPA) issued a ...

Second Circuit Confirms: Rolling Trash Cans Are Not “Vehicles” as Common Sense Prevails Again

by: Brendan N. Gooley

In July 2018, we ...

Generex Biotechnology Corp. AEXG Arbitration Suit

Court Remands Arbitration Award to Arbitrator for Clarification

by: Rachel J. Schwartz

Three Brothers Trading LLC d/b/a Alternative Execution Group (AEXG) and Generex Biotechnology Corp. entered into a contract whereby AEXG would secure investors for Generex’s business and, in exchange, Generex would pay AEXG a percentage of the...

Ninth Circuit Punts On Whether Obesity Is A Disability Under the ADA

by: Peter J. Wozniak and Mark Wallin

The U.S. Court of Appeals for the Ninth Circuit has sidestepped the issue of whether obesity is an actionable “impairment” under the Americans with Disabilities Act (ADA). It’s a question that has been in the spotlight recently,...

Stranger owned life insurance policies STOLI

STOLI Mackerel – Life Insurance Policy Void Ab Initio

by: Larry P. Schiffer

Life insurance used to be simple. You took out a policy on your own life to protect your family. Then along came a life insurance product where investors funded the purchase of a policy on your life even though they had no insurable interest in...

DOJ Seeks Dismissal of FCA Qui Tam Case to Escape Onerous Discovery Obligations

by: Jane Haviland and Karen S. Lovitch

On August 20, 2019, the United States exercised its authority under the False Claims Act (FCA) to seek dismissal of a relator’s qui tam suit because of the defendant’s burdensome discovery demands, in Polansky v. Executive Health...

State Court News

Oregon Employers Notify Employees ICE Work Authorization

Oregon Employers Must Notify Employees of Upcoming Federal Inspections of Work Authorizations

by: Amy L. Peck

The uptick in ICE...

Hirschbach Motor Lines Discriminatory Screening $40K Suit EEOC

Hirschbach Motor Lines to Pay $40,000 and Cease Discriminatory Screening to Settle EEOC Suit

by: U.S. Equal Employment Opportunity Commission

National Trucking Company Used 'Back Assessment' to Screen Out Job Applicants It Regarded as Disabled, Federal Agency Charged

PORTLAND, Maine - National trucking company Hirschbach Motor Lines, Inc. will pay $40,...

NLRB, Bexar County Performing Arts, Tobin Center, Section7

NLRB Reverses Precedent to Permit Property Owners to Prohibit Off-Duty Access for Section 7 Activity

by: Anthony B. Byergo

On August 23, 2019, the National Labor Relations Board reversed precedent and rebalanced the rights of property owners versus the Section 7 rights of employees in a labor dispute. In Bexar County Performing Arts Center Foundation d/b/a Tobin...

INTERNATIONAL LAW NEWS

ESMA and EBA Respond to Letter From European Commission on Cryptoassets Work

by: John Ahern and Carolyn H. Jackson

On August 20, the European Securities and Markets Authority (ESMA) published a letter written jointly with the European Banking Authority (EBA) and addressed to the European Commission (EC) relating to cryptoassets. The letter...

Update on List 4 Products Subject to Section 301 Tariffs and the U.S.-China Trade Negotiations

by: Customs & International Trade Group

On August 20, 2019, the Office of the United States Trade Representative (USTR) published a Federal Register (FR) notice providing the List 4 products that are of Chinese origin and subject to increased tariffs. See 84...

China Solicits Comments on 21 Food-Contact Substances

by: Packaging Law at Keller and Heckman

On August 21, 2019, the China National Center for Food Safety Risk Assessment (CFSA) solicited comments on 21 substances for food-contact materials and articles. The substances—six additives for expanded use scope or use level, five new additives...