In this episode of Trekking Through Compliance, we consider the episode The Menagerie (Part Two) which aired on November 24, 1966, Star Date 3012.4. Fun Fact Along with Part 1, this episode won the 1967 Hugo Award for "Best… more

In this week’s episode of Fraud Eats Strategy, host Scott Moritz discusses what individuals can expect as they resume travel and other “know before you go” resources for travel safety with Michael Savicki, VP of Global Business Travel… more

In today’s edition of Daily Compliance News: The evolution of whistleblowers. (WSJ) The man who took on Exxon. (WSJ) Coming undone during Covid. (WSJ) Law to require more German women on Boards. (WSJ)… more

UPDATE: Cal/OSHA Withdraws June 3, 2021 revised ETS. In a special meeting held on the evening of June 9, 2021, the Cal/OSHA Board met to consider the latest guidance from the Centers for Disease Control and California Department of… more

At stake in a recent decision by the First Circuit was this: when a bankruptcy matter is before a federal district court based on non-core, “related to” jurisdiction, should the court apply the Federal Rules of Bankruptcy Procedure or… more

The American Rescue Plan Act of 2021 (ARP) allows certain businesses (generally, employers with fewer than 500 employees and non-federal governmental employers) to claim refundable tax credits as a reimbursement for the cost of… more

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive summary of… more

President Biden signed an executive order on May 20 on climate-related financial risk that seeks to change the rules regarding the use of environmental, social, and governance (ESG) investments in retirement plans. The order… more

On June 9, 2021, United States Senators Angus King (Ind.-MA) and Charles Grassley (R-IA) announced plans to introduce the “Accelerating Charitable Efforts Act” or the “ACE Act” (the “Act”) which, if adopted, would implement significant… more

On May 18, 2021, the IRS released Notice 2021-31 (the “Notice”) providing guidance on the temporary 100% COBRA premium subsidy under the American Rescue Plan Act of 2021 (“ARP”), summarized generally here. The Notice addresses how to… more

Interpreting the Supreme Court’s ruling in Barr v. American Association of Political Consultants, Inc., severing the government-backed debt exception from the Telephone Consumer Protection Act (TCPA), a federal court in Delaware held… more

A three-judge panel in the Fifth Circuit recently ruled that the receipt of a single unsolicited text message was enough to allow a plaintiff to bring a putative class action alleging violations of the Telephone Consumer Protection Act… more

On 26 May 2021, the UK Competition and Markets Authority announced that it would not undertake a market investigation reference on the back of its study into the electric vehicle charging market and will instead propose a package of… more

As detailed in our SW Benefits Update, “Ironing Out the Wrinkles – IRS Answers 86 Questions About COBRA Relief Under the American Rescue Plan Act,” the IRS recently released Notice 2021-31 (the “Notice”), providing welcome guidance on… more

The U.S. District Court for the Southern District of Florida recently approved a Stipulated Final Judgment and Order to resolve the CFPB’s allegations that a company and its CEO misrepresented the APRs associated with the loans to… more

The spate of shareholder actions against biotech companies relating to COVID-19 treatments shows no signs of stopping, and now, derivative lawsuits are following the initial wave of securities class actions. For example, late last… more

On June 7, 2021, in prepared remarks for the CFO Network Summit, Securities and Exchange Commission (SEC) Chair Gary Gensler identified several areas of focus for SEC staff with respect to Rule 10b5-1 under the Securities Exchange Act… more

Colorado’s Administrator of the Uniform Consumer Credit Code recently amended the rules implementing the state’s Fair Debt Collection Practices Act… more

In the past month, there have been some notable developments surrounding Section 230 of the Communications Decency Act (“CDA” or “Section 230”) beyond the ongoing debate in Congress over the potential for legislative reform. These… more

Welcome to Volume 5, Issue 21 of Currents. This week, we take a look at hydrogen, nuclear, cyber security, renewable energy storage, and the latest in the coal industry. How An Old Power Plant Is Being Refitted For The Hydrogen… more

Since the onset of the COVID-19 pandemic, mail-ballot elections—rather than manual, in-person elections, have been mandatory for most NLRB representation elections. The NLRB’s recent ruling, on June 9, 2021, in Professional… more

The Mintz Privacy & Cybersecurity Blog will be providing regular updates of notable pending US state privacy laws. Following our similar previous updates, the most recent of which may be found here, this update checks in on the… more

As we previously reported, on June 3, 2021, California’s Occupational Safety and Health Standards Board (“OSHSB”) approved some controversial revisions to its Emergency Temporary Standards (“ETS”) related to COVID-19. Among other… more

Bonuses and their impact on an employee’s “regular rate of pay” have long been a proverbial thorn in the side of California employers. The nondiscretionary nature of most bonuses (even those bonuses employers attempt to characterize… more

Whether you are filing a new trademark application or looking to maintain a registration, understanding trademark specimen best practices is key. A common pitfall when filing your application is failing to provide an acceptable… more

On May 25, 2021, the U.S. Department of Justice (“DOJ”) unsealed an indictment charging two Austrian citizens, Peter Weinzierl (“Weinzierl”) and Alexander Waldstein (“Waldstein”), for their roles in a scheme to launder hundreds of… more

After the CDC updated its mask guidance, we have all be wondering: Can we eliminate our mask and social distancing requirements for vaccinated employees? Can we ask employees if they have been vaccinated? Can we hold meetings and… more

Across industries, open-source software provides the foundation for a significant number of applications, with open-source components per commercial application growing more than six-fold in the last five years… more

On June 6, 2021, the US Senate passed the Merger Filing Fee Modernization Act of 2021. The bill is co-sponsored by Senator Amy Klobuchar (D-MN), the Chairwoman of the Senate Subcommittee on Antitrust, Competition Policy and Consumer… more

On June 8, 2021, the Department of the Interior (DOI) announced that the Bureau of Ocean Energy Management (BOEM) intends to issue a request for information (RFI) to assess interest in potential offshore wind development in the Gulf of… more

In Part I of this post, we examined the problem with incentive awards to class representatives and the conflict of interest that it creates between class representatives and the class they seek to represent. Recently, the United States… more

On June 10, 2021, the same day that it released its long-anticipated COVID-19 emergency temporary standard (ETS) for healthcare settings (which we discuss here), the U.S. Occupational Safety and Health Administration (OSHA) also issued… more

The resurgence of special purpose acquisition companies (SPACs) as an alternative to traditional IPOs was one of the major talking points of 2020. SPACs enjoyed somewhat of a renaissance in 2020, particularly in the United States and… more

As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case and vaccination metrics… more

Technology has transformed the way in which people communicate with one another. With the introduction of social media, communication is now easy and ideas can be spread quickly and widely… more

CYBERSECURTY - U.S. CISA + Cyber Command Warns of Critical Flaw in VMware - Although a patch has been available by VMware since May 25, 2021, the Department of Homeland Security’s Cybersecurity and Infrastructure Security… more

On June 10, 2021, the U.S. Occupational Safety and Health Administration (OSHA) released the first nationwide emergency workplace safety rule per President Joe Biden’s January executive order directing the agency to pursue an emergency… more

In our previous post we started talking about discovery procedures in inter partes review (“IPR”) proceedings under 37 CFR § 42.51 and, in particular, the scope and timing of seeking limited additional discovery under Rule 42.51(b)(2)… more

On June 10, 2021, OSHA published on its website a 40+ page Emergency Temporary Standard (ETS) limited to employers in the healthcare sector. President Biden issued an executive order in January ordering the Department of Labor (DOL) to… more

Con la L.n. 76 del 28.5.2021 è stato convertito, con modificazioni, il DL 1.4.2021, n. 44 “Misure urgenti per il contenimento dell'epidemia da COVID-19, in materia di vaccinazioni anti SARS-CoV-2, di giustizia e di concorsi pubblici”… more

Successful delivery system redesign requires a focus on secondary prevention (early detection and intervention), tertiary prevention (treating established disease to prevent deterioration), closing gaps in care, managing care… more

During its meeting on June 10, the Securities and Exchange Commission’s Investor Advisory Committee held a panel discussion regarding 10b5-1 plans, welcoming three market participants and academics.  As we previously blogged, SEC Chair… more

Senators Chuck Grassley (R-IA) and Angus King (I-ME) introduced the Accelerating Charitable Efforts Act (ACE Act) on June 9. A joint press release states that the purpose of the ACE Act is to reform private foundations and ensure that… more

The Food and Drug Administration Center for Devices and Radiological Health is soliciting feedback on how materials information about medical devices should be communicated to patients and healthcare providers. On May 20, 2021, the FDA… more

Earlier today (June 10, 2021), OSHA issued COVID-19 Emergency Temporary Standard (ETS) Subpart U applicable to healthcare settings. While OSHA has indicated that future guidance may be provided for other industries, today’s guidance is… more

The Eastern District of Missouri recently granted a plaintiff’s motion for summary judgment against three defendants in a TCPA fax case. Levine Hat Co. v. Innate Intelligence, LLC, No. 16-cv-01132, 2021 WL 1889869 (E.D. Mo. May 11… more

In its first such determination, on June 4, 2021, the newly formed New York State Office of Renewable Energy Siting (“ORES”) determined that several provisions of the Town of Barre’s (Orleans County) local law are “unreasonably… more

In our Real Estate Market Predictions Report issued in February this year, we noted that the increase in construction costs expected as a result of COVID-19 had not yet been observed in the market. Given the lack of projects starting… more

Each year, the Internet Crime Complaint Center (“IC3”) of the Federal Bureau of Investigation publishes its Internet Crime Report.  The IC3’s 2020 Internet Crime Report includes startling information about the continuing increase in… more

Fair value accounting, commonly used to value fund assets, tends to understate the true volatility in asset values, according to a research note published by PitchBook. While the findings are not new, NAV lenders may find the summary… more

Governors and public health officials across the country have implemented stringent mitigation measures to help contain the spread of COVID-19. As businesses reopen, face coverings remain popular as a preventative measure… more

The U.S. Department of Agriculture (USDA or the department) recently announced plans to invest more than US$4 billion to strengthen critical supply chains under President Biden’s “Build Back Better” initiative… more

In another reversal, on June 9 the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board unanimously voted to withdraw the “Readopted” Emergency Temporary Standards that it had approved just six days earlier… more

In an unusual and exciting twist to the Colonial Pipeline ransomware attack, the Department of Justice (DOJ) announced this week that it was able to retrieve $2.3 million of the $4.4 million paid by Colonial Pipeline to DarkSide by… more

On June 8, 2021, the New York State Department of Health released updated interim guidance for office-based workplaces that removes significant prior restrictions. This new guidance comes on the heels of Governor Andrew Cuomo’s recent… more

CITY HALL - Budget Negotiations Between Mayor Kenney and City Council Continue - City Council and Mayor Kenney are still working towards reaching a consensus around tax policy and key city investments. Changes to the wage tax… more

Responding to a “concern” from Chief Compliance Officers (CCOs) to the purported increase in enforcement actions holding compliance personnel personally liable, the New York City Bar Association recently released a framework of… more

This week, Legislators worked on the budget bill and considered other bills. State Budget Bill - House and Senate leaders this week announced an agreement for state budget spending caps for fiscal years 2022 and 2023. They… more