As we close out 2023, we would like to share with you some of our most popular legal alerts from this year. Our top alerts reflect the broad array of our capabilities – ranging in topics from construction, corporate & securities, labor & employment, immigration, litigation, retail, intellectual property, and white collar & regulatory enforcement. We hope that our insights have been helpful to you and your colleagues and demonstrate our commitment to providing important information.
1. SEC Proposed Custody Amendments Could Cut Investment Advisors Out of Crypto
The U.S. Securities and Exchange Commission (SEC) released proposed amendments to Section 206(4)-2 of the Investment Advisers Act of 1940, which sets out the custody requirements applicable to registered investment advisers.
2. Changes to the New Jersey's Unemployment Insurance Law Take Effect
Multiple amendments to the New Jersey Unemployment Compensation Law took effect that impact New Jersey employers handling unemployment claims by separated employees.
3. DACA Program Declared Unconstitutional: What Should Employers Know?
The DACA Program was ruled unconstitutional in Federal Court; however, existing DACA recipients will continue to be protected under the program and will retain the ability to renew their existing DACA immigration benefits.
4. Using AI to Create a Work – Copyright Protection and Infringement
With the increasing use of artificial intelligence (AI) in creating literary and artistic works, the U.S. Copyright Office has now addressed the issue of the copyrightability of works containing AI-generated materials.
5. New York's New Gift Card Fraud Warning Law Goes Into Effect June 20
The New York Department of State’s Division of Consumer Protection has published sample notices and guidelines that businesses should follow in case they wish to create their own customized warning.
6. New York City’s “Guaranty Law” is Held to be Unconstitutional and Unenforceable
This ruling carries significant implications for commercial landlords and small businesses impacted by the COVID-19 pandemic.
7. Biden’s Artificial Intelligence Proposals May Help High Skilled Immigrants
President Biden issued an Executive Order on Artificial Intelligence, which may promote immigration policy changes to attract and retain AI talent in the U.S.
8. Has the SEC Made 10b5-1 Trading Plans More Hassle Than They’re Worth?
The SEC adopted amendments to Rule 10b5-1 with the goal of making it more difficult for insiders to use 10b5-1 plans to obfuscate trades based on material nonpublic information.
9. End of the Federal COVID-19 Public Health Emergency Declaration: Should Employer’s Rescind COVID-19-related Reasonable Accommodations?
According to the updated technical assistance, employers may evaluate accommodations granted during the PHE and, in consultation with the accommodated employee, assess whether there continues to be a need for the reasonable accommodation.
10. Canada’s Creative Approach to Luring Foreign Talent Impacting U.S. H-1B Visa Holders
The Immigration, Refugees, and Citizenship Canada enacted a new immigration program aimed exclusively at U.S. H-1B visa holders.
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