July 12, 2020

Volume X, Number 194

July 10, 2020

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July 09, 2020

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FEATURED ARTICLES

Green Card Residency Process: Green Card Delays
The reported failure of USCIS to renew its contract with an outside vendor in June, because it planned to bring all printing of Green Cards in-house... Read More >
Biden’s Plan for Economic Recovery Post-COVID
After months on hold responding to the COVID-19 pandemic, the 2020 US elections are heating up, as Democrats seek to take control of the White House... Read More >
SCOTUS Decision McGirt v. Oklahoma
On July 9, 2020, the U.S. Supreme Court held in McGirt v. Oklahoma, No. 18-9526, that the Creek Nation’s reservation in northeastern... Read More >
Coronavirus State & Federal Policy Update July 9
The House and Senate will not return to Washington until July 20, but discussions among the “four corners” in the US Congress are... Read More >
Google Sued for Trademark Infringement
The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a trademark dispute for lack of subject... Read More >
Ivy League Cancels Football
Once again, the Ivy League has sent a loud and clear message regarding COVID-19 to the college community. The Ivy League presidents have cancelled... Read More >
SCOTUS Decides Trump v Pennsylvania ACA Religious Exemption
On July 8, 2020, the U.S. Supreme Court decided Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania and Trump v.... Read More >
lysol disinfectant that tests positive for SARS-CoV-2 prevention
On July 6, 2020, the U.S. Environmental Protection Agency (EPA) announced that it approved amended labels for two products, Lysol Disinfectant Spray... Read More >
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sanctions by definition
The United Kingdom (UK) unveiled its new human rights sanctions regime this past week, along with... Read More >
China Patent Data
In follow up to a press conference on July 9, 2020, the China National Intellectual Property... Read More >
US Supreme Court will rule on FTC Disgorgement
As previously blogged about here, the Supreme Court recently upheld the SEC’s disgorgement... Read More >
 Eli Lilly & Co. v. Hospira, Inc. 
On June 15, 2020, the Supreme Court denied a petition for certiorari from the Federal Circuit’s... Read More >
Facebook v. Duguid SCOTUS To resolve ATDS
On July 9, 2020, the U.S. Supreme Court granted certiorari in Facebook, Inc. v. Duguid, to resolve... Read More >
FMCSA  2020  Drug and Alcohol Test Rates Enforcement
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a Notice... Read More >
Healthcare News & Law Update July 10
This Week’s Dose The Senate is on recess for the next two weeks. The House has committee workdays... Read More >
ESMA Updates MiFIR MiFID II aspects
On July 7, the European Securities and Markets Authority (ESMA) published its updated results of... Read More >

Emerging Legal News

Federal Law News

U.S. Discovery Not Available in Private International Arbitrations Confirmed by Second Circuit In re: Application and Petition of Hanwei Guo

A ripening circuit split over the availability of U.S. discovery in foreign arbitration proceedings took another step toward a possible Supreme Court showdown with the July 8 decision by the United States Court of Appeals for the Second Circuit...

As we reported yesterday, the Supreme Court has accepted cert. on a petition brought by Facebook to resolve an ...

Ninth Circuit Rules Voluntary Individual Settlements Can Moot Class Actions

The Ninth Circuit Court of Appeals recently clarified that a named plaintiff gives up his or her right to represent a class if, in an individual settlement, he or she does not carve out from the settlement a concrete financial...

Ninth Circuit Rules Voluntary Individual Settlements Can Moot Class Actions

The Ninth Circuit Court of Appeals recently clarified that a named plaintiff gives up his or her right to represent a class if, in an individual settlement, he or she does not carve out from the settlement a concrete financial...

many many network connections

On Thursday, the United States Supreme Court agreed to review the question of...

Settling Consumer Disputes with Federal Consumer Statutes

In Ostreicher v. TransUnion, LLC, 2020 U.S. Dist. LEXIS 109279 (S.D.N.Y.), the plaintiff filed suit in federal court claiming that a variety of defendants, including a credit reporting agency (“CRA”) and various...

Walgreens PII Litigation

Can you remember the last time you were able to get your prescription medication from the drug store without giving your name, home address and/or date of birth? What about having the drug store expense the cost of the...

United States v. Gratkowski Bitcoin Federal Lawsuit

Faced with the novel question of whether an individual has a Fourth Amendment privacy interest in the records of their Bitcoin transactions, the Fifth Circuit found that Bitcoin data is akin to bank records and not subject to Fourth Amendment...

Seventh Circuit ERISA Litigation

A federal district court in Illinois recently dismissed “excessive fee” and “imprudent investment” claims against the plan fiduciaries of the CareerBuilder 401(k) plan fiduciaries, relying largely on the Seventh Circuit’s...

State Law News

Overview of the Coin Listing Guidance: NYDFS

Since finalizing the “BitLicense” regulatory regime in June 2015, the New York Department of Financial Services (NYDFS) has granted only 25 licenses. This underscores how the BitLicense regulatory framework has been a barrier...

Santa Clara County CA COVID-19 Cases Surge

On July 2, 2020, the health officer for the County of Santa Clara, California, issued a new health order titled “Establishing Mandatory Risk Reduction Measures...

Washington State Department of Ecology Grants Variances to Clean Water Act

The Washington State Department of Ecology (Ecology) recently released “preliminary draft rules” that would grant variances to the Clean Water Act (CWA) Water Quality Standard (WQS) for PCBs[1] at three public and two private wastewater treatment...

Key Steps to Contesting a Will

We all know that a person can control who will own his or her property after death by signing a will.  But when questions arise as to the circumstances surrounding the signing of the will, what can be done to challenge it?

The validity of...

Credit Reporting was Ruled Accurate by Michigan First

Just a few weeks ago, the Honorable Laurie J. Michelson of the Eastern District of Michigan, Southern Division commented on the high number of identical lawsuits against Michigan First, covered ...

INTERNATIONAL LAW NEWS

EU Regulation anti-money laundering AML counter-terrorist financing CTF

On June 19, Delegated Regulation (EU) 2020/855 (the Delegated Regulation) was published in the Official Journal of the EU. The Delegated Regulation amends the list of high-risk third countries with strategic anti-money laundering (AML) and...

FCA Speech on UK Financial System Post Brexit

On July 1, the UK Financial Conduct Authority (FCA) published a speech by Nausicaa Delfas, the FCA’s Executive Director of International, exploring a ‘new era’ of financial regulation for the UK (the Speech).

The Speech generally discusses...

UK & Swiss Government Future Mutual Recognition in Financial Services

On June 30, HM Treasury published a joint statement with the Swiss Federal Department of Finance on deepening co-operation in the financial services sector (the Statement).

The Statement sets out their common intention to conclude a...

Sivel v. Haier Landmark FRAND German Patent Litigation

The German Federal Court of Justice (FCJ) has issued its decision in a landmark case regarding standard essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs. The judgment, dated 5 May 2020, was handed down...

The Civil Code of China (the “Civil Code”) was approved by the National People’s Congress of China on May 28, 2020 and will take effect January 1, 2021. Part Four of the Civil Code explicitly stipulates that the “Right of Privacy” is one of the “...