Alerts

New York County Supreme Court Justice Schecter dismissed a fraudulent conveyance action brought by UMB Bank, N.A., the indenture trustee for certain of Neiman Marcus’ senior notes, on the basis that the applicable indenture did not grant UMB authority and power to assert claims.

Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China.

United States District Court Judge J. Paul Oetken of the United States District Court for the Southern District of New York issued an opinion and order (Order) vacating four key aspects of the final rule to the Families First Coronavirus Response Act (FFCRA), promulgated by the United States DOL.

President Trump signed an Executive Order (EO) (TikTok EO) August 6, 2020, banning “transactions” yet to be identified by the US Department of Commerce (Commerce) related to TikTok and its parent ByteDance Ltd.

After a four-month hold, CMS announced on August 6 that it would resume Medicare Fee-For Service (FFS) medical reviews.

Because of the time needed to mark, pack, and ship goods from Hong Kong to the US, it is imperative that importers act quickly to ensure compliance with this new requirement.

Two months ago, the U.S. Department of Justice (DOJ) updated its guidance to aid federal prosecutors in making charging decisions or, later, sentencing decisions.

The U.S. Court of Appeals for the Seventh Circuit has ordered three class action objectors to repay $130,000 they received in a “side deal” in exchange for abandoning their appeal of a class settlement. Pearson v. Target Corp., No. 19-3095, ___ F.3d ___, 2020 WL 4519053 (7th Cir. Aug. 6, 2020).

Members of the industry should be on the lookout for proposed rules related to this Order and take advantage of all public comment periods.

Following stalled negotiations about a fifth round of coronavirus relief in Congress, President Trump signed an executive order on August 8, 2020 directing the US Treasury to suspend the obligations of employers to withhold and deposit the employee share of Social Security taxes.

Headlines that Matter for Companies and Executives in Regulated Industries

On August 5, the EEOC released new technical assistance for employees that addresses the interplay between the Americans with Disabilities Act and opioid use.

The Executive Order directs the Department of Labor and Department of Homeland Security to generally review the use of H-1B workers at any job site to ensure that their employment does not adversely affect the wages and working conditions of US workers.

With digital advertising being a multi-billion dollar industry and COVID forcing many online, many have growing concerns surrounding the policing of digital advertising.

This is our fifth and final Alert on Virginia’s groundbreaking emergency, temporary COVID-19 workplace safety standard. 

In a decision that affirmed FERC and is a supportive development for the energy storage industry, on July 10, 2020, the U.S. Court of Appeals for the D.C. Circuit upheld the Federal Energy Regulatory Commission‘s landmark rule, Order No. 841.

After nearly nine years of litigation, Burlington Coat Factory agreed to pay $19.6 million to end a collective action and a putative class action alleging claims for misclassification and unpaid overtime wages.

Amid stalling talks between Congressional leaders over the content of new Coronavirus relief and economic stimulus legislation, the issue of providing for temporary restrictions on pandemic related lawsuits has emerged as an intractable dispute separating Democrats and Republicans.

In our last post, we discussed policy changes and new procedures that companies should consider as they reopen amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country.

On July 22, 2020, the Centers for Medicare & Medicaid Services (CMS) announced new initiatives designed to protect nursing home residents from the novel coronavirus (COVID-19).

As businesses in Massachusetts and elsewhere continue to carefully re-open it will be necessary to pay close attention to guidance from the CDC and state authorities.

Several recent actions from regulators in Europe have clarified the requirements surrounding cookie consent on websites, reminding website operators that consent must be freely given, specific, informed, and unambiguous.

Headlines that Matter for Companies and Executives in Regulated Industries

As the US technology competition with China continues to intensify, the Trump Administration has taken another step to tighten the screws on China.

Credit provides incentives for investors funding early-stage life science, research and development, commercialization, and manufacturing.