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On October 7, 2022, the White House released its National Strategy for the Arctic Region, further developing the federal government’s approach to the northernmost region, which is under intergovernmental purview. The document is an update to a policy released in 2013, and is intended to express the federal government’s “affirmative U.S ...

Buchalter | October 2022

October 12, 2022 By: Michael Flynn On September 27, 2022, the Consumer Financial Protection Bureau (CFPB) issued a Request for Information Regarding Mortgage Refinances and Forbearances. The Request indicates that the CFPB is considering making the COVID emergency relief foreclosure/loss mitigation requirements a permanent requirement for mortgage lenders and servicers when dealing with temporarily distressed borrowers ...

Carey Olsen | October 2022

The Guernsey Financial Services Commission (“GFSC”) has published its Guidance for CIS on measures to counter the risk of greenwashing (“Guidance”) which applies to all collective investment schemes which are authorised or registered under the Protection of Investors (Bailiwick of Guernsey) Law, 2020 and to those responsible for preparing the prospectuses and other marketing materials of such schemes ...

Lavery Lawyers | October 2022

On July 15, 2022, Justice François Lebel of the Court of Québec rendered a decision confirming that, in the case of the sale of immovable property, a clear and unambiguous exclusion clause, whereby the warranty is waived at the buyer?s risk, results in a break in the chain of title preventing the buyer from taking any legal action under such warranty against the seller and previous sellers ...

The past two years have seen significant growth in the number of mergers and acquisitions nationwide with many business owners choosing to liquefy their assets and move on. At the same time, employers have had to cope with numerous challenges that have made the otherwise routine task of employee onboarding and I-9 preparation more difficult. Some employers (unlawfully) stopped preparing I-9s for new hires altogether ...

as published in West Virginia Banker magazine, Fall 2022 A recent survey by PricewaterhouseCoopers (“PwC”) revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have moved beyond the Chief Information Security Officer (“CISO”) to the entire C-suite and corporate boards ...

Dinsmore & Shohl LLP | October 2022

On Monday, a split National Labor Relations Board (NLRB) issued a ruling that requires employers to maintain union dues deductions even after the collective bargaining agreements establishing those arrangements expire. The case is Valley Hospital Medical Center, Inc., NLRB, Case 28-CA-213783 (Sept. 30, 2022). The NLRB’s 3-2 ruling, decided along party lines, reinstates the Obama-era rule[1] requiring dues deductions to continue after a labor contract ends ...

On October 5, 2022, during the Tribal Consultation session in Washington, D.C ...

Carey Olsen | October 2022

Annex II is a list of cooperative jurisdictions maintained by the EU that reflects ongoing cooperation between the EU and its international partners and the commitments of these countries to reform their legislation to adhere to agreed tax good governance standards. Its purpose is to recognise ongoing constructive work in the field of taxation, and to encourage the positive approach taken by cooperative jurisdictions to implement tax good governance principles ...

Dinsmore & Shohl LLP | October 2022

Following rehearing en banc, an evenly split full Fourth Circuit has affirmed the district court’s dismissal of a qui tam action based on the defendant’s “objectively reasonable” interpretation of ambiguous regulations—the Safeco defense. Though the Fourth Circuit panel’s decision is now vacated, no circuit split exists on the question. Nevertheless, the Supreme Court is weighing a possible grant of cert in two similar Seventh Circuit cases ...

Dinsmore & Shohl LLP | October 2022

The SEC’s final rule for its pay versus performance disclosure will require registrants to disclose information reflecting the relationship between executive compensation actually paid by a registrant and the registrant’s financial performance. The rules implement the Dodd-Frank Act’s pay versus performance disclosure mandate ...

A Fourth Circuit ruling in a False Claims Act case has created a 4-4 circuit split over the issue of the act’s knowledge requirement, Bradley partner Elisha Kobre explains. This makes the issue ripe for the US Supreme Court, where a ruling on whether an objective or subjective standard should apply will resonate in FCA litigation for years, he says. The US Court of Appeals for the Fourth Circuit’s en banc decision Sept ...

Buchalter | October 2022

October 4, 2022 By Braeden Mansouri and Alicia Guerra On September 28, Governor Gavin Newsom signed into law two of the most anticipated housing bills of this legislative session: AB 2011 and SB 6. Both bills have the potential to increase significantly the amount of land available for residential development by deeming housing a permitted use in certain types of commercial zones ...

Provisur Technologies, Inc. v. Weber, Inc., Appeal Nos. 2021-1942, -1975 (Fed. Cir. Sept. 27, 2022) In this week’s Case of the Week, the Federal Circuit reviewed an IPR decision and addressed the Patent Trial and Appeal Board’s consideration of certain evidence submitted to supplement a prior art disclosure. The Court also found that the Board violated the Administrative Procedures Act (APA) by failing to sufficiently explain its rationale concerning its obviousness determinations ...

Hanson Bridgett LLP | October 2022

On September 30, 2022, Governor Newsom signed into law Assembly Bill 2647 (Levine) (AB 2647), slightly modifying the Brown Act's requirements for disclosure of public records related to agenda items. The bill goes into effect on January 1, 2023 ...

Dinsmore & Shohl LLP | October 2022

The Securities and Exchange Commission (“SEC”) recently filed fraud charges against the City of Rochester, New York (“City”), former City executives, and the City’s municipal advisor, reminding us of the importance of up-to-date, accurate disclosures when it comes to the financial condition of political subdivisions, as well as the risks of issuing debt using outdated financial statements ...

In April of 2021, President Biden issued Executive Order 14026, which increased the minimum wage for employees of federal government contractors to $15. The Executive Order provided that this minimum wage would be adjusted to account for inflation. On September 29, 2022, the U.S. Department of Labor announced that the $15-an-hour minimum wage for federal contractors will increase to $16.20 because of inflation ...

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