News & Analysis as of

Exemptions

Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof

by Bracewell LLP on

On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more

A Brief Guide to the Replica Motor Vehicle Exemption to Federal Safety Standards in the Face of Implementation Delays

by Buchalter on

Federal Motor Vehicle Safety Standards normally prohibit a person from selling any motor vehicle or motor vehicle equipment that does not comply with federal motor laws, including EPA emissions standards and FMVSS safety...more

BSA/AML ALERT: FinCEN Grants a 90-Day Exemption from the Beneficial Ownership Rule for Certain Financial Product Renewals and...

by Vedder Price on

On May 11, 2018, compliance with the beneficial ownership rule became mandatory. In accordance with the rule, a covered financial institution must verify, at the time a new account is opened, the beneficial owners opening the...more

Fifth Circuit Weighs in on Motor Carrier Act Overtime Exemption and Small Vehicle Exception

by Littler on

It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving...more

DEP Proposes Limits On Industrial Solvent Cleaning Activities

by Pierce Atwood LLP on

Despite Maine’s attainment of the ozone standards, Volatile Organic Compound (VOC) control requirements keep coming. The Maine Department of Environmental Protection (DEP) has proposed a new regulation, Chapter 166, that...more

JCOPE Promulgates New Lobbying Regulations; Kansas Expands Scope of Lobbying Law

Below, we have summarized recent developments regarding New York and Kansas lobbying requirements. New York Lobbying Regulations - On April 24, 2018, the New York Joint Commission on Public Ethics (JCOPE) voted to...more

The U.S. is one step closer to GMO food labeling

by Thompson Coburn LLP on

The USDA published long-awaited proposed rules for the National Bioengineered Food Disclosure Standard. Here’s what food companies need to know. On May 4, 2018, the USDA’s Agricultural Marketing Services (AMS) published a...more

Offering Exemptions Available to Companies Issuing ICOs

by Holland & Knight LLP on

• Issuing an initial coin offering (ICO) is a new and innovative way for companies to infuse capital into their enterprise. However, several regulatory agencies have increased their scrutiny of ICOs, including the U.S....more

Will Supreme Court Review Challenges to Baseball Antitrust Exemption?

You don’t think of sports website FanGraphs as a go-to source for legal analysis. But in a provocative April 30th post by Nathaniel Grow,...more

Summer Programs in Georgia: Get Exempt or Get Licensed

by Taylor English Duma LLP on

If your organization is gearing up for a non-residential summer program in Georgia, remember to review childcare licensing requirements. If your program cares for children less than 24 hours a day, then it must be either...more

The European Commission Investigates U.K. Tax Rules

by Shearman & Sterling LLP on

On October 26, 2017, the European Commission (EC) announced a formal State aid investigation into a U.K. exemption from U.K. anti-tax avoidance rules for certain transactions by multinational groups, the so-called Group...more

Alberta Securities Commission Proposes Rules to Facilitate Cross-Border Offerings for Alberta Issuers

by Bennett Jones LLP on

On April 17, 2018, the Alberta Securities Commission published a notice and request for comment of the proposed repeal and replacement of ASC Rule 72-501 Distributions to Purchasers Outside Alberta, which will provide new...more

Federal Court Dismisses TCPA Class Action Against Charitable Organizations, Insurance Company

by Jones Day on

The Situation: A federal court recently considered the application of the exemption for charities under the Telephone Consumer Protection Act ("TCPA") in a case that also involved a for-profit defendant. The Result: The...more

Increase in SIFI Threshold Should Spur More Bank M&A Activity

On March 14, 2018, the U.S. Senate approved the Economic Growth, Regulatory Relief and Consumer Protection Act, a bipartisan bill that would repeal or modify certain provisions of the Dodd-Frank Act and eliminate or ease a...more

Alberta Securities Commission Proposes New Rules to Facilitate Cross-Border Offerings

The Alberta Securities Commission (ASC) is proposing to replace its rules and policies governing certain securities distributions to purchasers outside Alberta, with the aim to reduce regulatory red tape and facilitate...more

Update in legislation on work permits: good news

by Dentons on

The RK Government has introduced important amendments to the Rules on Establishing the Quota for the Employment of Foreign Labour Force. In accordance with the RK Government Decree No.189 dated 13 April 2018, the list of...more

West Covina Mitigated Negative Declaration Upheld, and Parking Impacts For Infill Projects Deemed Exempt by the Second Appellate...

by Downey Brand LLP on

On March 22, 2018, the Second Appellate District certified for publication its opinion in Covina Residents for Responsible Development v. City of Covina, et al. (2018) 230 Cal.Rptr.3d 550, concerning a Mitigated Negative...more

Force Majeure, Now What?

by Bracewell LLP on

As discussed in our last alert, the possibility of parties turning to force majeure clauses as an excuse for performance in the face of steel and aluminum tariffs has become a reality. While the government deals with numerous...more

Grapegrowing and FSMA Compliance

As of 2018, winegrape growers are now required to adhere to the burdensome requirements of the Food Safety Modernization Act (FSMA) Produce Safety Rule when selling winegrapes to wineries for processing. However, most...more

Industrial Development Bonds And The Mystery Of Federal Preemption

by Allen Matkins on

This should be a straightforward question - Are qualification and registration requirements under state securities laws preempted with respect to industrial development bonds? When Congress enacted the National Securities...more

Industrial Loan Company Securities - They May Or May Not Be What You Assume Them To Be

by Allen Matkins on

California Corporations Code Section 25100 is a long list of securities exempt from the qualification requirements of the Corporate Securities Law of 1968. Last on this list (Section 25100(t)) is any security issued or...more

Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas - Court Upholds City...

by Best Best & Krieger LLP on

Parking impacts (as distinguished from secondary impacts related to parking) associated with infill development in transit priority areas are exempt from environmental review under certain circumstances, a California...more

CMS Issues Updated Medicare Payment and Billing Policies for 340B Hospitals

by Baker Ober Health Law on

On April 2, 2018, CMS issued updated guidance related to the dramatic Medicare payment reductions that went into effect this year for certain 340B hospitals. The guidance explains the planned application of the payment cuts...more

FinCEN guidance provides answers on new beneficial ownership rule

by Thompson Coburn LLP on

The Financial Crimes Enforcement Network (FinCEN) issued a set of “frequently asked questions” (FAQs) on April 3, 2018, to provide guidance and clarifications for the new FinCEN beneficial ownership regulations (the “New...more

Calif. Case Shows Propriety Of Telecom CEQA Exemptions

by Newmeyer & Dillion LLP on

On Feb. 5, 2018, the Sixth Appellate District of the California Court of Appeal issued a crucial ruling concerning California Environmental Quality Act review for wireless telecommunications facilities in the public...more

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Cybersecurity

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