News & Analysis as of

Exemptions

Latest Supreme Court Decision on Travel Ban for Nationals of Iran, Sudan, Libya, Syria, Yemen, and Somalia: Close Relatives are...

by Mintz Levin on

This is a follow-up to the Supreme Court’s decision on June 26, 2017 which allowed the Trump Administration’s Travel Ban affecting nationals of the six designated Muslim-majority countries to be partially implemented until...more

Texas Third Court of Appeals Overturns TCEQ Action and Confirms that Statutory Provisions Mean What They Say

by Locke Lord LLP on

On July 11, 2017, the Third Court of Appeals at Austin (Texas) issued a decision in Freestone Power Generation, LLC et al. v. Texas Commission on Environmental Quality, Cause Nos. 03-16-00693-CV et al. (“Freestone Power”),...more

USCIS Adopts AAO Decision Setting Accreditation Guidelines for H-1B Master’s Cap Eligibility

On May 23, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum adopting the Administrative Appeals Office’s (AAO) decision in the case Matter of A-T-Inc. The adopted decision establishes binding...more

Travel Ban Update: State Department Expands Definition of “Close Family”

Responding to a federal district court order judicially expanding those excluded from the Administration’s Travel Ban, the United States Department of State issued guidance on Monday expanding the definition of “family” under...more

Update on the New Prospectus Regime

by Dechert LLP on

As part of its Capital Markets Union action plan, in June 2017 the EU adopted the new Prospectus Regulation (2017/1129), which overhauls the prospectus regime and is intended to improve accessibility to capital markets for...more

US Tax Court Exempts Gain on Sale of a Partnership Interest

by Latham & Watkins LLP on

Decision could open planning opportunities for non-US partners regarding sale of a partnership interest. The Grecian Magnesite Mining, Industrial & Shipping Co., SA v. Commissioner 1 case — which the US Tax Court decided...more

The PSC register

by Hogan Lovells on

From 6 April 2016, UK companies have been required to maintain a register of persons with significant control over them (a “PSC register”). This requirement is intended to increase the transparency of corporate ownership, by...more

Reminder of Effective Date of Filing Requirement under CFTC Position Limit Aggregation Exemption Rules

by Ropes & Gray LLP on

The new notice filing requirement for continued reliance on certain exemptions from aggregation under the CFTC’s position limit rules becomes effective on August 14, 2017. This requirement is under the CFTC’s final rules...more

The new EU Prospectus Regulation: immediate benefits for equity issuers

by Dentons on

The new EU Prospectus Regulation 2017/1129 (the Regulation) comes into force on 20 July 2017. The Regulation repeals and replaces the Prospectus Directive and will apply to all prospectuses issued on or after 21 July 2019....more

Breaking: Federal Judge Expands List of Relatives Exempt from Trump Travel Ban

In deciding an emergent request by the State of Hawaii, a Federal District Court entered an order expanding the list of relatives who are not subject to the Trump Administration’s travel ban....more

California Finders Exemption Regulations Are Now Effective

by Allen Matkins on

The Commissioner of Business Oversight’s final regulations implementing a new exemption for finders from the broker-dealer provisions of the Corporate Securities Law took effect on June 21, 2017. See 10 CCR §§ 260.211.4,...more

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

by Fisher Phillips on

Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Illinois Stealthily Enacts Version of RUUPA as Part of Budget Bill

by Alston & Bird on

This week, the Illinois General Assembly enacted budget legislation (SB 9) to much fanfare. Although most news stories will likely focus on the fact that the state has a budget for the first time in several years, the real...more

Making a Bright Line at the Border: CSA and OSC Seek to Clarify How Canadian Securities Laws Apply to Trades Outside Canada

On June 29, 2017, the Ontario Securities Commission (OSC) published a Second Notice and Request for Comment (Second Notice) on an amended Proposed OSC Rule 72-503 Distributions Outside Canada (Rule 72-503) and Proposed...more

AIM companies and Scottish partnerships to be brought within the scope of the PSC register regime

by Dechert LLP on

From 24 July 2017, UK companies whose shares are admitted to trade on the London Stock Exchange’s AIM market, and other companies listed on prescribed markets, will no longer be exempt from the requirements to keep and...more

Foreign Investment Reporting to the United States: Out-Bound Investment from the United States Specific Survey Report Forms...

by McNair Law Firm, P.A. on

The U.S. Department of Commerce, Bureau of Economic Analysis (BEA), conducts mandatory surveys to collect information on direct investment. There are three (3) specific surveys which track “out-bound” foreign investment: a...more

DOL Again Seeks Comments on New Fiduciary Rules and Exemptions

On June 29, 2017, the Department of Labor (“DOL”) requested another round of public comment on its fiduciary rule—this time in the form of a Request (“RFI”) for Information. The RFI seeks input on (a) whether to extend the...more

Illinois Attorney General’s Public Access Counselor Issues Binding Opinions Regarding FOIA Exemptions

by Franczek Radelet P.C. on

The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public bodies in...more

The (Exempt) Boys of Summer: 9th Circuit Upholds Minor League Baseball Antitrust Exemption in Wage Suit

Does Major League Baseball’s (MLB) farm league system violate federal antitrust laws? Not according to the 9th Circuit. As written about in this previous post from July 2016 and one from July 2015, numerous minor league...more

Debt Dialogue: June 2017 - Supreme Court Holds Church-Affiliated Organizations Exempt From ERISA: A Prescription for the Ailing...

On June 5, 2017, the United States Supreme Court rendered an important decision that will impact restructurings — particularly health care provider restructurings — going forward. The Supreme Court reversed the Third, Seventh...more

Illinois “Geolocation Privacy Protection Act” Passes Both Houses, Headed to Governor’s Desk

by WilmerHale on

On Tuesday, June 27, the Illinois legislature passed HB 3449, the “Geolocation Privacy Protection Act.” If signed by Governor Bruce Rauner (R), the bill would prohibit a “private entity” from collecting, using, storing or...more

Supreme Court Confirms Retirement Plans of Church-Affiliated Organizations Can be Exempt from ERISA

by Nexsen Pruet, PLLC on

In a much-anticipated ruling, the U.S. Supreme Court ruled on June 5 that retirement plans maintained by church-affiliated organizations can be exempt from the Employee Retirement Income Security Act (ERISA), regardless of...more

Lost in the woods? Special treatment for the press, cooperative and savings bank associations and the timber industry in German...

by Hogan Lovells on

Current legislative changes in the German Competition Act and the Federal Forest Act bring a set of new antitrust exemptions. We briefly present them in our blog...more

Iris House Provides Valuable Reminder to Landlords About Non-Profit Renters

Recently, the Supreme Court, Appellate Term, First Department, handed down a decision affirming the lower court in 2363 ACP Pineapple, LLC v. Iris House, Inc, 2017 NY Slip op 27047. As the attorney on this case, Michael D....more

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