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Despite Trump approval, Keystone XL pipeline still has hurdles to cross

Last Thursday, the Trump administration issued a presidential permit to TransCanada to operate and construct the Keystone XL pipeline. Although the granting of the presidential permit is a big step forward, many regulatory and legal…more

New Law Requires Specific Disability Language in Commercial Leases

California Assembly Bill 2093 requires each commercial property owner/lessor to state on each lease form or rental agreement executed on or after January 1, 2017, whether the premises have undergone an inspection by a Certified Access…more

California State Court Poised to Destabilize Low Carbon Fuel Standard

Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known as POET I…more

MSHA Proposes to Extend the Effective Date for the Workplace Examination Final Rule to July 24

On March 27, 2017, the Mine Safety and Health Administration (MSHA) issued a proposed rule to delay the effective date for its Final Rule on Examinations of Working Places in Metal and Nonmetal Mines from May 23, 2017, to July 24…more

HR’s Increasing Role in Ensuring Data Privacy

Last night I had the opportunity to speak to the Colonial Total Rewards Association on the topic of Data Privacy and HR. I titled the presentation “Is Your HR Data Going Rogue” and really focused on the role that Human Resources…more

President Trump Nominates J. Christopher Giancarlo as Chairman of the US Commodity Futures Trading Commission

President Donald J. Trump nominated J. Christopher Giancarlo to serve as Chairman of the US Commodity Futures Trading Commission..…more

Insuring and reinsuring Canadian risks from the United States

Over the past ten years, regulation in Canada of insurers has evolved significantly. Prior to the financial crisis, Canada’s primary regulator had begun to move from a "rules-based" approach to regulation to a "principles-based" or…more

Department Of Business Oversight Proposes Changes To Proposed Finders Rule

Last July, the California Department of Business Oversight proposed regulations to implement the provisions of AB 667 (Wagner). The bill, which was enacted in 2015 and took effect last year, created a new exemption from the…more

Likely and Potential Impacts of Yesterday’s Energy Independence Executive Order

As a follow up to yesterday’s post, President Trump’s Energy Independence Executive Order (the “Order”) has now been posted on the White House website, a summary of which can be found here. Over the last week, many pundits and…more

US Commodity Futures Trading Commission Extends Comment Period on Proposed Capital Requirements for Swap Dealers and Major Swap Participants

The CFTC announced that it was extending the comment period for the proposed rule on capital requirements applicable to swap dealers and major swap participants..…more

President Trump Revokes President Obama's "Blacklisting" Executive Order

On March 27, 2017, President Trump signed legislation, under the Congressional Review Act, blocking regulations and guidance governing Executive Order 13673, "Fair Pay and Safe Workplace," commonly called the "Blacklisting" Executive…more

Tackling GST 'Leakage' is Key to Housing Supply, Affordability

Originally published in Australian Financial Review - March 28th, 2017. If the solution to housing affordability is increased supply, the GST rules for develop-to-rent (D2R) projects is a part of the problem. "New housing"…more

President Trump Holds Press Conference and Signs Energy Independence Executive Order

President Trump and four executives of his administration held a press conference this afternoon in the Environmental Protection Agency’s (“EPA’s”) Map Room. Rick Perry (Secretary of Energy), Ryan Zinke (Secretary of Interior), Scott…more

Rights of Third Parties Put on Notice of Freezing Orders – A Clarification from the Court

In a decision this week, the English High Court has clarified the extent of a third party secured creditor’s duties, when put on notice of a freezing order, and suggested a more limited duty than that previously articulated by the…more

Comptroller of the Currency Discusses Value of International Collaboration and Professional Bank Supervision

Comptroller of the Currency Thomas J. Curry gave a speech at the Institute of International Bankers’ Annual Washington Conference, discussing the value of international collaboration and bank supervision..…more

President Trump Repeals Contractor “Blacklisting” Rule

Former President Obama’s so-called “Blacklisting” rule was short-lived. On Monday, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of $500K to…more

Ukraine: Adoption of laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares) of companies (Ukrainian)

On March 23, 2017 the Verkhovna Rada of Ukraine adopted three laws substantially changing legislative regulation on ownership and disposition of corporate rights (shares) of companies, in particular joint-stock companies, and legal…more

Seventh Circuit Grants Interlocutory Appeal in Rx Discount Program Qui Tam Suit to Answer Several Important Questions

In United States ex rel. Garbe v. Kmart Co., 824 F.3d 632 (7th Cir. 2016), the Seventh Circuit granted interlocutory appeal following numerous motions for partial summary judgment to consider four questions: (1) whether the amendments…more

New York AG Puts Mobile Health App Developers on Notice

New York Attorney General Eric T. Schneiderman announced on Friday that the AG's office reached settlements with three mobile application developers who marketed their apps without possessing sufficient information to back up their…more

2016 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

The increasing interconnectivity of global markets has become a significant driver of the regulatory and enforcement trends of U.S. and foreign nations. In 2016, U.S. authorities continued their aggressive approach to investigating and…more

Results from California’s First Community Solar RFO

The first round of procurement under California’s community solar program is nearly complete, and the early results suggest that no power purchase agreements (“PPAs”) will be awarded…more

Cannabis Insurance Presents Tough Choices

The unique financial headaches of running a cannabis business are well known. My colleague recently posted a terrific piece here regarding some of the banking-related pitfalls facing cannabis businesses and some of the possible fixes…more

Excess and Surplus Lines Laws in the United States

Preface States’ Implementation Of NRRA IN 2016 - The Nonadmitted and Reinsurance Reform Act (“NRRA”) came into effect on July 21, 2011 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The purpose of the…more

ZTE Corporation to Be Removed from Entity List as of March 29, 2017

Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively "ZTE" or "the companies") will be removed from the Department of Commerce's Bureau of Industry and…more

Dentons Australia Business Protection Checklist

Dentons’ Australian Employment and Labour team works with leading organisations to help them build and maintain sustainable workplaces, with the necessary workplace flexibility to meet fast changing and competitive market conditions…more

New York’s Department of Financial Services Issues Updated Cybersecurity FAQs

New York’s Department of Financial Services issued FAQs on its new cybersecurity requirements..…more

President Trump Nails Coffin Shut on Federal Contractor “Blacklisting” Under Fair Pay and Safe Workplaces Rule

On March 27, 2017, President Trump signed a Congressional Review Act resolution, H.J. Res. 37, and issued his own Executive Order, which together nullified President Obama’s Fair Pay and Safe Workplaces Executive Order and its…more

How Might the FDA's Proposed Patient Affairs Office Impact Patient Advocacy Efforts?

Earlier this month, the Food and Drug Administration (FDA) solicited public comments on the agency’s proposal to create a new Office of Patient Affairs. The agency said in its Federal Register notice that the concept was developed…more

New Executive Order Creates a Changed Climate for Climate Change and Energy

On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO). This latest EO aims to further incentivize domestic energy production, particularly coal, oil and gas, by…more

The Importance of Defensive Tax Planning and Defensive Tax Return Preparation

Executive Summary: The Importance of Defensive Tax Planning - Tax reform is in the news again. But until we achieve significant tax reform it is essential that individuals, trusts and estates, and businesses with incomes in excess…more

USCIS Processing Times Remain Backlogged

Processing times at the various U.S. Citizenship and Immigration Services (USCIS) service centers remain quite backlogged despite the agency’s continued efforts to improve its administration of immigration benefits. Every year USCIS…more

Biotechnology Innovation Organization’s Amicus Brief in Sandoz v. Amgen

As we previously reported, a number of amici curiae have submitted briefs in support of each party in Sandoz v. Amgen. On March 17, Biotechnology Innovation Organization (“BIO”), a trade association representing various members of the…more

Fair Pay and Safe Workplaces: The fat lady has sung!

Game Over. Dunzo. Finito. Bye Felicia. These are things we can now officially say about the Fair Pay and Safe Workplaces Rule. On Monday, President Trump signed a Congressional joint resolution of disapproval into law, officially…more

Important Information on W-2/SSN Data Theft Scam

A dangerous email scam currently is circulating nationwide and targeting employers, including tax exempt entities, universities and schools, government and private-sector businesses. The scammer poses as an internal executive…more

First Published Opinion From New Business Court Judge Conrad

Business Court Judges don't have to issue written Opinions in cases granting Preliminary Injunctions. (G.S. § 7A-45.3 limits the obligation to issue a written Opinion to rulings rendered per NCRCP 12, 56, 59, and 60)…more

Supreme Court Hears Argument on Appellate Jurisdiction after Denial of Class Certification

Whether a federal court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice was the issue before the U.S. Supreme Court on March 21…more

Court Dismisses Website Accessibility Suit Over Lack of Connection to Store

As we noted earlier this week, a handful of law firms have filed hundreds of lawsuits – and sent many hundreds of letters threatening lawsuits – over website accessibility issues. This has been a lucrative business for these firms…more

Motor Carriers Be Aware: The CVSA’s 30th Annual International Roadcheck is Coming to a Highway Near You on June 6-8, 2017

The Commercial Vehicle Safety Alliance (“CVSA”) has announced that its 30th annual International Roadcheck will occur June 6-8, 2017. This year’s Roadcheck will place a particular emphasis on cargo securement safety…more

End Of An Era Or Simply a Moment In Time?

What conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate? A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their customary…more

Blog: More Fallout from ACICS Loss of Recognition – SEVP Removes Grace Period

Immigration and Customs Enforcement has announced that its Student and Exchange Visitor Program will no longer allow ACICS schools 18 months to find new accreditors. Reversing its earlier position, the Student and Exchange Visitor…more

What’s happening with EB-5 financing for new development projects? Is it still available?

Unless Congress acts in time, a critical part of EB-5 financing will lapse on April 28, 2017 - The Regional Center program was enacted in 1992 as a “pilot project.” Since then, it has been renewed or extended many times by…more

Uber Steers for Mandatory Arbitration

After its bid to compel arbitration stalled in the district court, Uber is gearing up to argue before the Second Circuit that its users waive their right to a jury trial when they sign up for its app. The defendants in Meyer v…more

Firsts for UK SFO with in principle false accounting DPA, and for FCA with market abuse compensation, against Tesco

Following a two-year investigation, Tesco PLC has announced that its subsidiary Tesco Stores Limited (Tesco Ltd) had agreed in principle the terms of a Deferred Prosecution Agreement (DPA) with the UK Serious Fraud Office (SFO)…more

Administrative Exhaustion As a Defense to Statutory ERISA Claims?  Not So Much

Seyfarth Synopsis: The Sixth Circuit becomes the seventh circuit court to not require administrative exhaustion for statutory ERISA claims (as opposed to denial of benefit claims), while two circuit courts still do. In a decision…more

Texas Court Confirms State Statute Of Limitations Tolled By Filing Of Class Action

On March 24, the Texas Third District Court of Appeals (sitting in Austin) issued an important decision regarding the application of the state’s statute of limitations in a class action lawsuit. The case is Asplundh Tree Expert Co. v…more

Break Out the Pom-Poms

We’re all familiar with the sight. Your team is down in the final minutes of the game but within striking distance. The coach calls a timeout, huddling up the team. The fans are silent. Out runs the cheerleading squad..…more

Charitable Income Tax Deductions: The Rockefeller Edition

Billionaire David Rockefeller passed away this week at the age of 101. According to Forbes magazine, during his lifetime, the well-known philanthropist gave away nearly $2 billion…more

FCC Proposes Rules to Allow Carriers to Block Illegal “Robocalls”

The Federal Communications Commission has issued a notice of proposed rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) opening a new docket, Advanced Methods to Target and Eliminate Unlawful Robocalls, which proposes rules to allow…more

Controversial H-1B Lottery Upheld

A few weeks before H-1Bs will be filed subject to a random lottery, an Oregon judge dismissed a lawsuit challenging the H-1B lottery system, granting summary judgment to United States Citizenship and Immigration Services…more

Landlords Win San Francisco Legal Battle

Who is responsible for the housing crisis in San Francisco, and what can government do to solve it? As property values have climbed in San Francisco and surrounding areas, that problem has increasingly vexed elected officials and the…more

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Estlund Law, P.A. is a law firm dedicated exclusively to the practice of criminal defense. Our clients are people accused of violating federal and state laws, people facing extradition due to…

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