October 26, 2020

Volume X, Number 300

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October 26, 2020

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October 23, 2020

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FEATURED ARTICLES

Dod Military Contracting Rules
On Sept. 29, 2020, the Department of Defense (DoD) issued an interim rule, Assessing Contractor Implementation of Cybersecurity Requirements (... Read More >
Basketball in the realm of luxury tax brackets
It is being reported that the Los Angeles Lakers have filed a career-ending injury application with the NBA in relation to Luol Deng’... Read More >
CMS Guidance on Hospital COVID-19 Reporting Requirements
On October 6, 2020, the Centers for Medicare and Medicaid Services (“CMS”) released guidance regarding the requirements and... Read More >
COVID-19 Third Wave; FDA Remdesivir Approval; Vaccine Committee
As talks of a third wave of infections bubble up and political negotiations over another COVID-19 relief package continue to stall, the pressure is... Read More >
Insurance Coverage Win for COVID-19 Business Shutdown Orders
In a first-of-its-kind decision in the United States, a North Carolina state court recently granted summary judgment to a group of restaurants... Read More >
Biden's Potential Plan for Department of Justice
The outcome of the 2020 general election in the United States will determine which of two visions of the investigative and prosecutorial arms of the... Read More >
How Using Zoom Improperly Can Destroy Trade Secret Protections
In April, our editor, Joe Lavigne, explained how employers can ensure trade secret protections while allowing employees to work from home... Read More >
Potential Impact the Election Will Have on Climate Change Policy
This is the third in a series of articles Jones Walker LLP is providing that will explore the impact of the 2020 Election on Environmental Law. In... Read More >
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TCPA Praised In Amicus Brief to SCOTUS in Facebook ATDS Fight
Its not very often you read the phrase “North Carolina, Indiana and 35 other states.” In most... Read More >
The End of ESG Investing ERISA Accounts
The United States Department of Labor (“DOL”) is forging ahead with a controversial new proposed... Read More >
SEC Enforcement and DOJ on Accounting Fraud
The number of public company and accounting fraud cases filed under SEC Chair Jay Clayton has... Read More >
Securities Class Actions
Introduction At the class certification stage of Exchange Act securities class actions, at least... Read More >
Africa is where it's at as far as trade in the 2020's
Amid the COVID-19 pandemic, the African continent has seen challenges like other parts of the world... Read More >
IBOR Fallback Regime
I.  Introduction On October 23, 2020, the International Swaps and Derivatives Association, Inc. (“... Read More >
IRS Issues Partnership Interest Transfers
The US Department of the Treasury and Internal Revenue Service (IRS) recently issued final... Read More >
CCPA Sensitive Personal Information
Yes and no. The CCPA references directly, or by incorporating definitions from other code... Read More >
Student Visa Program Arrests
United States Immigration and Customs Enforcement (ICE) has announced the arrests of 15... Read More >
How Has COVID-19 Impacted Union Election Results?
Like everything else in this new COVID-19 era, union elections have been upended this year. After... Read More >
EO 13950 Prohibits Divisive Race & Gender Concepts from Workplace Training
On September 22, 2020, President Trump issued Executive Order 13950, “Combating Race and Sex... Read More >
EPA Electrolux Settlement for Air Filter Products with Nanosilver
On October 15, 2020, the U.S. Environmental Protection Agency (EPA) announced a settlement with... Read More >

Emerging Legal News

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Federal Law News

5th Circuit Court Decision In the Estate of Flarity

In In the Estate of Flarity, a son of the testator challenged the trial court’s probating of a 2004 will and the appointment of two of his siblings, named in that will, as executors. No. 09-19-00089-CV, 2020 Tex. App. LEXIS 7536 (Tex....

bonus payments are like the lottery

With the end of the year just around the corner, many employers may be contemplating giving year-end bonuses to their non-exempt employees. And bonuses, year-end or otherwise, can create problems for employers when it comes to...

bonus payments are like the lottery

With the end of the year just around the corner, many employers may be contemplating giving year-end bonuses to their non-exempt employees. And bonuses, year-end or otherwise, can create problems for employers when it comes to...

Healthcare Law Update October 23

This Week’s Dose

Further coronavirus (COVID-19) relief negotiations continue to sputter along with low likelihood of an agreement before Election Day.  

Congress

COVID-19 Relief Updates. 

Senate...

SEC Adopts Amendments to Modernize Auditor Independence Rules

On October 16, the Securities and Exchange Commission adopted amendments (the Amendments) to its long-standing auditor independence rules. The Amendments, which largely mirror the amendments proposed in December 2019, reflect...

Last Set of Final Regulations on Bonus Depreciation Released

On September 21, 2020, the IRS and Treasury Department released the last set of final regulations (the 2020 Final Regulations) under the bonus...

FERC Policy Proposal May Advance State Efforts to Price Carbon Emissions

On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a ...

Coronavirus for all

On October 21st, the Centers for Disease Control and Prevention (CDC) updated its guidance on what constitutes “close contact” with a person who has tested positive for COVID-19 for purposes of...

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State Law News

California Supreme Court on Retro Application of Dynamex

On November 3, 2020, while the rest of the country is focused on the 2020 election, the California Supreme Court will hear oral arguments in Vazquez v. Jan-Pro Franchising Int’l, Inc. to address an unanswered question...

CA Law Establishing Safety Standards for Third-Party Delivery Apps

On September 18, 2020, California Governor Gavin Newsom signed Assembly Bill 3336 (“AB-3336”) into law.  AB-3336 (codified at...

Nevada's Director Liability Standard Defeats Derivative Suit

NRS 78.138(3) imposes a statutory presumption that other than in cases of a change in control of the corporation, directors and officers, in deciding upon matters of business, act in good faith, on an informed basis and with a...

Texas Breach of Fiduciary Duty Suit

In Keel Recovery, Inc. v. Tri City Adjusters, Inc., a company sued its former employee for breach of fiduciary duty related to reporting certain alleged criminal activity related to the repossession of vehicles. No. 05-19-00686-CV, 2020...

Real Estate Contracts

Liquidated damages are a sum specified in a contract as the measure of recovery in the event of a breach of the contract. 

Liquidated damages provisions are common in construction contracts to guard against damages that the owner or a...

INTERNATIONAL LAW NEWS

Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients

Earlier this year, we reported on an evolution in the form of cyberattack known as ransomware –attackers transitioning from denying affected users access to critical data by encrypting it to removing data from the compromised...

Platform to Business Regulation in EU/UK in force

Since 12 July 2020, the Platform to Business Regulation has been directly applicable in the UK and all EU member states....

How to Navigate Online Employment Tribunal Hearings

Remote evidence in Tribunal hearings have traditionally been limited to circumstances where an individual’s location or health makes it very difficult for them to attend the venue. Historically the ETs have not much liked it...

chinese flag on a button

The China National Intellectual Property Administration (CNIPA) recently released data through the third quarter of 2020.  September 2020 invention patent application filings were up...

ESMA Publishes Consultation Paper

On October 19, the European Securities and Markets Authority (ESMA) published a consultation paper on draft regulatory technical standards (RTS) concerning central counterparties (CCPs) under Regulation (EU) 2019/2099 (EMIR 2.2) (the Consultation...