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Broadband Bonds and Carbon Capture Bonds: Two New Tax-Exempt Bond Categories in Bipartisan Infrastructure Bill
Dinsmore & Shohl LLP, November 2021

Two new categories of tax-exempt bonds were created by the Infrastructure Investment and Jobs Act (H.R. 3684) (the Act) adopted by the House on Nov. 6, 2021: “Qualified Broadband Projects” and “Carbon Dioxide Capture Facilities...

Fund Structuring: Shariah Compliant Funds In Guernsey
Carey Olsen, November 2021

We are seeing renewed interest in these types of structures – particularly from fund managers who have not previously targeted Shariah investors - as (i) sovereign wealth funds, pension funds and HNW individuals from the Middle East and South East Asia diversify into alternative assets like private equity (PE), and (ii) traditional or "western" managers look to expand into the Shariah market by establishing bespoke feeder or parallel funds in Guernsey which offer a Shariah complian

Hitting Employers with Their Best Shot: Complying with OSHA’s COVID-19 Vaccination and Testing Emergency Rule Webinar Recording
Bradley Arant Boult Cummings LLP, November 2021

OSHA has released its long-awaited emergency rule requiring the COVID-19 vaccine or weekly testing for many employers. With compliance deadlines coming up, Bradley is here to help employers navigate this new rule to stay in compliance. While we monitor the outcome of judicial review of OSHA’s ETS, we suggest taking the following steps to prepare your workplace for compliance with the new vaccine or test mandate: Develop a policy. Educate employees...

Latest Federal Court Cases, 11/8/21
Schwabe, Williamson & Wyatt, November 2021

University of Strathclyde v. Clear-Vu Lighting LLC, Appeal No. 2021-2243 (Fed. Cir. Nov. 4, 2021) In this week’s Case of the Week, the Federal Circuit reversed an inter partes review decision finding claims directed to light-based disinfecting methods to be obvious over the prior art.  This case provides a helpful example of how negative claim limitations can affect an obviousness determination...

DC Circuit Review Reviewed: A Reissued Opinion in a Significant Case, Yale Journal on Regulation
Hunton Andrews Kurth LLP, November 2021

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Priority Of Coverage Lessons From 2nd Circ. Insurance Ruling, Law360
Hunton Andrews Kurth LLP, November 2021

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Anti-Discrimination Law Update – Votes, Votes and More Votes
Carey Olsen, November 2021

The States of Guernsey has voted on what types of individual beliefs may benefit from legal protection from discrimination. The vote (by a majority of 20 to 16) concluded that the incoming anti-discrimination ordinance (the Ordinance) will provide protection from discrimination on the grounds of religious belief only. States' members rejected the proposition that the Ordinance should offer protection from discrimination on the grounds of non-religious philosophical beliefs...

A Guide to Blockchain and Cryptocurrency Regulation 2022 (GLI chapters): Bermuda, Cayman Islands and Jersey
Carey Olsen, November 2021

The Carey Olsen chapters provide analysis and commentary on blockchain and cryptocurrency regulation in Bermuda, the Cayman Islands and Jersey...

William P. Sowers Jr. Column: Men, Take Paternity Leave to Embrace Fatherhood, Richmond Times-Dispatch
Hunton Andrews Kurth LLP, November 2021

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Buchalter COVID-19 Client Alert: OSHA Issues COVID-19 Vaccination and Testing Emergency Rules
Buchalter, November 2021

November 5, 2021 By: John Epperson The U.S. Occupational Safety and Health Administration (OSHA) published its much-anticipated Emergency Temporary Standard (ETS) regarding COVID-19 vaccination and testing on November 5, 2021. The ETS went into effect immediately upon publication in the Federal Register with requirements phased in over 30 to 60 days...

CMS Requires COVID-19 Vaccine for Health Care Workers at all Facilities Participating in Medicare and Medicaid
Dinsmore & Shohl LLP, November 2021

On Nov. 4, 2021, the Centers for Medicare and Medicaid (CMS) released a new Interim Final Rule (IFR) regarding staff vaccination at facilities that participate in the Medicare and Medicaid programs. The IFR requires covered employers to ensure that staff receive their first dose no later than Dec. 5, 2021 and achieve full vaccination no later than Jan. 4, 2022. The vaccine rule that was also released on Nov...

"Without reflection, we go blindly ..." (1) - The unintended consequences of the FATF Standards, with an emphasis on Bermuda
Carey Olsen, November 2021

In February 2012, the FATF published the revised FATF Recommendations (also known as the Standards). The Standards continue to develop to detect and prevent new money laundering and terrorist-financing techniques impacting the international financial system, such as misuse of virtual assets and COVID-19 related threats...

"Without reflection, we go blindly ..." - the unintended consequences of the FATF Standards, with an emphasis on Bermuda
Carey Olsen, November 2021

In February 2012, the FATF published the revised FATF Recommendations (also known as the Standards). The Standards continue to develop to detect and prevent new money laundering and terrorist-financing techniques impacting the international financial system, such as misuse of virtual assets and COVID-19 related threats...

The SEC and Disgorgement After Liu
Bradley Arant Boult Cummings LLP, November 2021

A recent Fifth Circuit ruling suggests a softening of the SEC’s obligation to return disgorgement awards directly to victims, says Elisha Kobre, a partner at Bradley Arant Boult Cummings LLP. The issue is relevant because the Dodd-Frank Act created a specific fund to hold monetary sanctions collected by the SEC, including disgorgement amounts not directly distributed to victims or used in other specified ways, he explains. The U.S...

OSHA Publishes COVID-19 Vaccine Mandate for Companies with 100 or More Employees
Dinsmore & Shohl LLP, November 2021

On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its highly anticipated emergency temporary standard (ETS) mandating employers of 100 or more employees to implement a COVID-19 vaccination or testing requirement. This standard implements the policy goals announced by the Biden administration in September...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

Breaking: OSHA Releases Emergency Temporary Standard for Employers with 100 or More Employees
Verrill, November 2021

Indicating that continued reliance on the General Duty Clause of the OSH Act, 29 U.S.C. 654(a)(1), was insufficient to protect “unvaccinated employees from the grave danger of being infected by, and suffering death or serious health consequences from, COVID-19,” today OSHA issued an Emergency Temporary Standard (ETS) for all employers with 100 or more employees...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

OSHA Issues Emergency Temporary Standard for COVID-19 Vaccinations and Testing
Schwabe, Williamson & Wyatt, November 2021

On November 4, 2021, the Occupational Safety and Health Authority (“OSHA”) issued the 490-page Emergency Temporary Standard for COVID-19 Vaccinations and Testing (“ETS”), which is to be effective as of November 5, 2021. The ETS will remain in effect for six months, when it is expected to become a permanent rule. The ETS itself is available here...

Guest Column: CFIUS Expansion into Agricultural Supply Chain and Genomics Tools
Bradley Arant Boult Cummings LLP, November 2021

Historically, businesses involved in the U.S. defense industrial base have been protected from foreign direct investment by the Committee on Foreign Investment in the U.S. (CFIUS) — but changes to U.S. laws and regulations on foreign direct investment have expanded the types of businesses that are now protected...

Outsourcing: USA, Chambers Global Practice Guide
Hunton Andrews Kurth LLP, November 2021

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Representation and Warranty Insurance and the Collateral Source Rule, Insurance Coverage Law Center
Hunton Andrews Kurth LLP, November 2021

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Canadian Patent Practice Update: Act Now to Avoid Excess Claim Fees
Lavery Lawyers, November 2021

Excess claim fees on the horizon As reported earlier, the Canadian government published proposed amendments to the Patent Rules on July 3, 2021...

OCR Issues Clarifying Guidance on HIPAA, COVID-19 Vaccinations, and the Workplace
Dinsmore & Shohl LLP, November 2021

Questions abound as to whether HIPAA comes into play when COVID-19 vaccination information is provided to employers. Recently, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued clarifying guidance on the applicability of the HIPAA Privacy Rule in the context of COVID-19 vaccination information provided to employers...

A comeback for nuclear power?, Energy World
Hunton Andrews Kurth LLP, November 2021

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