As the end of Q1 2021 draws closer, the Working Group on Sterling Risk-Free Reference Rates (the Working Group) published a Q&A that aims to address the end-Q1 milestone for no new GBP LIBOR lending and a best practice guide for GBP… more

Effective as of February 23, 2021, the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) have, once again, updated the Minimum Standard Detail Requirements for ALTA/NSPS Land Title… more

The New Hampshire Supreme Court recently ruled that New Hampshire’s regulation that places certain caps on long-term care insurance premium rate increases exceeds the Insurance Commissioner’s rulemaking authority and, therefore, is… more

Equipment manufacturers are generally well aware of the onerous and often expensive equipment repurchase obligations they incur when terminating or non-renewing a dealer. But at least these repurchase obligations make some logical… more

An Ontario Superior Court judge has accepted, in a preliminary decision in Price v Smith & Wesson Corp, 2021 ONSC 1114, that gun manufacturers may have civil liability in Canada for losses caused by mass shootings when feasible safety… more

A recent trend in the blockchain business, and particularly among cryptocurrency companies, is to seek tax-exempt status under Section 501(c)(3) of the Internal Revenue Code (the Code). Brink Technology, Inc., a Bitcoin developer fund… more

The acting chair of the U.S. Securities and Exchange Commission (“SEC”) last week issued a statement (available here) directing the agency to focus on climate-related disclosures in public company filings. The statement is in line with… more

What Is A Target Letter? Federal investigations are complex, time-consuming, and often a cause of great anxiety for the individuals involved. The government has a variety of tools in its arsenal to gather preliminary evidence about… more

Last year, Harris Beach wrote about a federal magistrate judge’s report and recommendation to deny Defendants’ motions for summary judgment in a toxic tort suit arising from occupational exposure to ortho-toluidine (“o-toluidine” or… more

The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In 2020 the… more

The United States Court of Appeals, Ninth Circuit (“Ninth Circuit”), in a February 22nd appeal from the United States District Court for the District of Idaho (“District Court”) addressed an issue arising out of United States Forest… more

We're all familiar with it at this point. A popup comes up on your device informing you of a change to terms and conditions, or otherwise asking for permission. For those operating websites, they know that this inconvenience is… more

Responding to the Texas Winter Storm Crisis: Issue 2—Winter storms and wide-area events like the one that recently devastated Texas leave behind challenging questions about business interruption insurance coverage. Property… more

On January 28, 2021, Transparency International released its 2020 Corruption Perceptions Index (“CPI”). Transparency International is an organization focused on stopping global corruption and promoting transparency, accountability… more

A new year, a new administration in the United States, and new cartel enforcement leadership in the United Kingdom have begun. In the United States, first-of-their-kind criminal charges have been brought involving labor and wages in an… more

In a significant case for class action litigants, the Supreme Court is expected to resolve a circuit split over the standing requirements applicable to absent class members, and weigh in on the circumstances – if any – under which… more

In its recent decision in Grace Ranch, L.L.C. v. BP America Production Company, et al., No. 20-30224 (5th Cir. Feb. 24, 2021), the United States Court of Appeals for the Fifth Circuit addressed a question that has increasingly become a… more

In the waning days of Donald Trump’s administration, the federal government passed the “No Surprises Act,” which becomes effective January 1, 2022. Like many recent state laws, the legislation is aimed at protecting patients from… more

Any lawsuit filed in Texas state courts on or after January 1, 2021 are now subject to the newly-amended Texas Rules of Civil Procedure. Our litigation team has a helpful review of several of the most significant changes available… more

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory… more

The Supreme Court of the United States declined to take up two circuit court decisions on whether “objective falsity” is a requirement for False Claims Act (FCA) liability. The two cases, United States v. Care Alternatives from the… more

While the pandemic has forced the closure of dozens of restaurants and retail locations across the country, those still serving their communities just received a helping hand from the Massachusetts Superior Court. Just recently, the… more

In the past week, President Biden signed the Executive Order on America’s Supply Chains, kicking off a comprehensive review of supply chain risks. Meanwhile, the FDA issued an emergency use authorization (EUA) for the Janssen COVID-19… more

“Hey Siri…” “Alexa…” “Okay Google…” These are just some of the buzzwords and phrases that have entered day-to-day vocabulary as a result of the explosion of smart technology. Internet of Things (IoT) devices are in our cars, in our… more

A critical hurdle to filing a viable bid protest is to establish "standing." Standing, in the context of a bid protest, requires that the offeror bringing the protest be an "interested party," i.e., a prospective bidder whose "direct… more

Since 2019, we have been tracking the decisions struggling to interpret the scope of the Federal Arbitration Act (FAA) Section 1 exemption for transportation workers. In other words, we’ve looked at who qualifies as a transportation… more

The United States District Court for the Central District of California, applying California law, has held that antitrust exclusions in two D&O policies did not bar coverage for a class action against an insured sports equipment… more

Hon. Margaret Anne Pui Yee Chan and Hon. Melissa A. Crane have been assigned to the Commercial Division of Supreme Court, New York County. Judge Chan’s assignment to the Commercial Division follows an eight-year stint as an Acting… more

The Internal Revenue Service (IRS) recently published final regulations implementing changes made by the Tax Cuts and Jobs Act of 2017 (TCJA) to Section 162(m) of the Internal Revenue Code (Section 162(m)) expanding the scope of… more

A federal court in Texas has ruled that the federal government has no constitutional power to prohibit real estate foreclosures and evictions pursuant to coronavirus legislation and regulation, calling into question whether banks… more

On January 22, 2021, the Federal Deposit Insurance Corporation (“FDIC”) published its final rule (“Final Rule”) revising and modernizing its regulations related to brokered deposits and the interest rate restrictions that apply to… more

The Department of Labor (DOL) recently issued EBSA Disaster Relief Notice 2021-01 (the “Notice”), which provides guidance on expiration of the COVID-19 extended participant deadlines. The COVID-19 extended participant deadlines… more

At its February 18, 2021 meeting, the General Assembly’s Labor and Public Employees Committee began the process of approving bills.  The following is a brief summary of the bills that the Committee voted favorably on and advanced out… more

President Joseph Biden on January 20, 2021, made news with his Inauguration Day flurry of executive orders. Potentially lost in the shuffle, however, was the Executive Order on Ethics Commitments, which required “every appointee in… more

The New Jersey Economic Recovery Act of 2020, a seven-year, $14 billion package of incentive programs intended to encourage New Jersey job growth, property development and redevelopment, community partnerships, and numerous other… more

What is a SPAC - Special purpose acquisition companies (SPACs) are on the rise. A SPAC is a publicly traded shell company with no underlying operating business that seeks to merge with a target operating company. According to… more

WLG asked its member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work… more

In today’s ever changing economic landscape, many commercial real estate lenders and borrowers are feeling COVID-19’s impact, and strategic investors are realizing there are burgeoning opportunities to acquire both performing and… more

In advance of his confirmation hearing tomorrow, the Senate Banking Committee has released the prepared statement of Rohit Chopra, President Biden’s nominee for CFPB Director… more

Frito-Lay, Inc., a Plano, Texas-based subsidiary of PepsiCo, recently agreed to pay $50,000 to settle a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC)… more

On the morning of 1 February 2021, in response to allegations of voter fraud, Vice-President Myint Swe (who has since assumed the role of acting President) declared a State of Emergency for one year and conferred full legislative… more

With the 2021 Legislative Session set to begin Tuesday, March 2nd, Amy Maguire, JD White, and Jordyn Ferguson outline the pressing issues related to COVID-19 and its effects on Florida, as well as legislative efforts surrounding… more

Though employers may feel like California just wrapped up its legislative session for 2020, the 2021 legislative session is already in full swing. February 19 was the last day for the proposal of new bills. However, Assembly members… more

On February 22, 2021, the Hawaii Senate passed SB No. 65, a measure allowing direct-to-consumer shipping of distilled spirits in original containers. The bill was passed in response to the legislature’s finding that the COVID-19… more

Yesterday, the California Secretary of State's office released what is calling the "Women On Boards" report.  The Secretary of State's office is required to publish this report on its website pursuant to Corporations Code § 301.3… more

So far during the pandemic, around 2.4 million women have left the workforce, numbers much higher than men. Yet, in a small silver lining, there have been a record number of new business applications filed across the country… more

The Utah State Legislature is currently considering legislation that would significantly limit the use of non-compete agreements in Utah.  Senate Bill 46 (SB 46) has passed the Senate and received a favorable recommendation from the… more

Tuesday, March 9, through Thursday, March 25 (noon Eastern time), is the H-1B “professional” registration period for employers hoping to obtain work authorization of up to three years initially for a foreign recruit or employee… more

Can you say 0 to 60? Not cars, but pretty much everything to do with financial services. A new year, a new administration, and new challenges for providers. Prior CFPB Director Kraninger is long gone. Acting Director Uejio has wasted… more

For the past year, employers faced unprecedented difficulties as they navigated the twists, turns and ever-present challenges the COVID-19 pandemic dished out. A year later, new challenges face employers. The promise of vaccines, the… more

According to recently released market trend reports, the number of condominiums listed for sale in Northeast and Southeast Portland dropped by 20% from September 2020 to December 2020 and the number of units sold increased from 52 in… more

A Missouri-based manufacturer of animal pharmaceuticals had just cause to terminate a 37-year employee who tested positive for marijuana despite the union’s argument that the employee’s personal use of CBD oil and marijuana did not… more

The Biden administration is signaling significant policy shifts. Business owners and C-Suite executives are encouraged to join us for a series of complimentary webcasts discussing these likely changes and how they will impact your… more

This week in Washington: The House votes on budget reconciliation while the Senate ponders the Byrd Rule; Senate committees hold hearings on HHS Secretary-designate Becerra’s confirmation… more

Please be reminded of the upcoming due dates for the Reports listed below: Customer Proprietary Network Information (CPNI) Annual Compliance Certification - In accordance with section 64.2009(e) of the FCC’s rules… more

Hundreds of practitioners joined together — virtually — in the past month to attend two conferences concerning representations and warranties insurance (RWI), a product aimed at transferring the risk associated with M&A deals. Experts… more

A litigation phenomenon that has recently surged is the simultaneous filing of hundreds or even thousands of individual arbitration demands against the same company by the same law firm, requiring the company to pay the substantial… more

On 19 February 2021, CNIL released guidance on the use of chatbots in compliance with data protection law (the Guidelines). The CNIL notes that in order to operate the chatbots, controllers will often need to process personal data… more