News & Analysis as of


OnRisk: The Misrepresentation Defense

by K&L Gates LLP on

In this episode of OnRisk, K&L Gates attorneys Carolyn Branthoover and Max Louik discuss the misrepresentation defense, also known as the rescission defense, a defense that insurers have been aggressively pursuing in recent...more

Supreme Court Declines to Review California’s Halt of DACA Rescission

The Supreme Court of the United States has rejected the Trump administration’s request that it review a California federal court’s order temporarily halting the federal government’s action to end the Deferred Action for...more

Breaking Immigration Update: Supreme Court Declines to Expedite DACA Rescission Litigation & USCIS is Still Accepting DACA...

This morning, the Supreme Court declined to hear the Trump Administration’s request to review the decision of a Federal District Court in California stating the rescission of Deferred Action for Childhood Arrivals (DACA) for...more

Canadian Securities Administrators mandate additional disclosure in response to Sessions Memo

by Dentons on

On February 8, 2018, the Canadian Securities Administrators (the CSA) published revised CSA Staff Notice 51-352 - Issuers with US Marijuana-Related Activities (the Notice), which sets out the CSA staff’s disclosure...more

Currents - Energy Industry Insights - February 2018 #2

Oil World Turns Upside Down as U.S. Sells Oil in Middle East - "Yet, in a trade that illustrates how the rise of the American shale industry is upending energy markets across the globe, the U.A.E. bought oil directly from...more

U.S. Supreme Court Sends Waters of the US Rule to District Courts; Nationwide Stay in Question

by Husch Blackwell LLP on

On January 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (the “WOTUS Rule” or “Rule”) belong in district court rather than the appellate court. The WOTUS Rule...more

Sessions’s Marijuana Memo Reminds Colorado Employers They Are Not Out of the Federal Weeds

by Wilson Elser on

Attorney General Jeff Sessions’s January 4, 2018, Memorandum for All U.S. Attorneys explicitly rescinds all prior nationwide guidance on marijuana-related offenses under the federal Controlled Substance Act (CSA) issued from...more

OIG Issues Letter Declining to Impose Administrative Sanctions for Provision of Certain Free Drugs

by Holland & Knight LLP on

On Jan. 4, 2018, the HHS Office of Inspector General (OIG) issued an open letter containing guidance regarding the provision of certain free drugs to federal healthcare program beneficiaries. Specifically, the OIG stated that...more

West Virginia Court Allows Rescission of Professional Liability Policy

In its recent decision in ALPS Prop. & Cas. Ins. Co. v. Turkaly, 2018 U.S. Dist. LEXIS 5026 (S.D. W.Va. Jan. 11, 2018), the United States District Court for the Southern District of West Virginia had occasion to consider the...more

Department of Labor Announces Stricter “Primary Beneficiary” Test for Interns

by Husch Blackwell LLP on

As is par for the course with the start of a new presidential administration, many changes to employment laws are anticipated, with several already underway. The most recent of which is the test used to determine whether...more

DOJ Memo Clouds Marijuana Industry's Future

by Holland & Knight LLP on

• The marijuana industry that was expected to generate roughly $40 billion in economic impact nationwide by 2021 is at a crossroads given a recent move by U.S. Attorney General Jeff Sessions to eliminate certain protections...more

DOL Rejects Obama-Era “Intern” Test

With college classes resuming soon, many employers will be welcoming interns to the workplace. Employers must be careful in determining whether unpaid interns are properly classified under the Fair Labor Standards Act...more

DOL rescinds prior guidance on interns, adopts primary beneficiary test

by McAfee & Taft on

On Friday, January 5, 2018, the Department of Labor rescinded prior agency guidance from 2010 regarding internship programs for “for-profit” employers. The prior guidance had been criticized by courts as “too rigid” and...more

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

by Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

U.S. Attorney General Reverses Policy on Legal Marijuana

by Husch Blackwell LLP on

On January 4, 2018, U.S. Attorney General Jeff Sessions rescinded, effective immediately, previous enforcement priorities of the Department of Justice (DOJ) on marijuana, including the Cole Memo. The move creates uncertainty...more

DOJ Reverses Course on Marijuana Enforcement

by Holland & Knight LLP on

The U.S. Department of Justice released a memorandum on December 4th, directing all U.S. Attorneys to use their prosecutorial discretion to enforce the Controlled Substances Act (CSA) of 1970 with respect to the cultivation,...more

Sessions Changes the US DOJ’s Position on Prosecutorial Discretion Involving Marijuana in States Permitting Use – But is that a...

by Fisher Phillips on

As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more

Recreational marijuana shake-up: Sessions revokes Cole Memorandum

by Thompson Coburn LLP on

Yesterday, Jan. 4, 2018 – just four days after recreational cannabis became legal in California – Attorney General Jeff Sessions rescinded the long-standing “Cole Memorandum” issued in 2013 by Deputy Attorney General James M....more

Cole Memorandum Rescinded

by Garvey Schubert Barer on

U.S. Attorney General Jeff Sessions yesterday rescinded the Cole Memorandum, which had directed the federal justice department to de-prioritize the prosecution of federal marijuana laws in states where the use of marijuana...more

Reversing the Course: Changes Coming to the NLRB - The Board Reverses Course on Handbooks and Joint Employers While the General...

Peter B. Robb took over as General Counsel of the National Labor Relations Board ("Board") on November 17, 2017, and soon after issued an official memorandum signaling his intention to reexamine Board precedent from the prior...more

The NLRB’s General Counsel Rescinds, Revokes and Questions

On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

NLRB Hints That “Ambush” Election Regulations May Be Rescinded

by Proskauer - Labor Relations on

Things are moving fast and furiously at the NLRB. Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent...more

NLRB GC Boldly Defines Direction of Board Prosecution in New GC Memo

The new NLRB General Counsel Peter Robb has been fast at work. A short two weeks after being sworn in on November 17, 2017, the new General Counsel issued a memorandum making clear his intention to re-examine much of the...more

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

by Fisher Phillips on

The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more

OIG Rescinds Advisory Opinion

by Holland & Knight LLP on

The Department of Health and Human Services Office of Inspector General (the OIG), on November 28, 2017, issued a Rescission Letter terminating Advisory Opinion Number 06-04 (Advisory Opinion 06-04). In Advisory Opinion...more

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