On July 5, 2022, the U.S. Department of Treasury issued updated guidance that confirmed that Alaska Native Corporations are subject to the requirements of the Single Audit Act and its implementing regulations (2 Code of Federal Regulations Part 200, Subpart F) with respect to Coronavirus Relief Fund (CRF) payments received as a result of the CARES (Coronavirus Aid, Relief, and Economic Security) Act and related Supreme Court litigation ...
Bill 96 ? An Act respecting French, the official and common language of Québec (the ?Act?) - was adopted on May 12, 2022 and assented to on June 1, 2022, its effective date. Certain provisions are already in force; for other provisions, a transitional period ranging from several months to three years will apply ...
On Friday, June 30, the U.S. Supreme Court issued its opinion in West Virginia v. EPA resolving the seven-year debate over the Environmental Protection Agency’s statutory authority to promulgate the President Obama-era Clean Power Plan (“CPP”). In 2015, the Obama administration promulgated the CPP regulations under the Clean Air Act § 111(d), imposing standards of operation that require a reduction of carbon dioxide from existing coal power plants ...
In last week’s only precedential opinion issued in a patent case, the Federal Circuit reversed contempt and sanctions orders entered by the District Court for the Western District of Wisconsin following defendant’s alleged violations of a stipulated protective order governing discovery. This case offers useful guidance for patent litigants contemplating a coordinated defense with similarly-situated parties in other litigation ...
In the meantime, many individuals and families with significant wealth have seen their fortunes grow considerably despite these crises. In this environment, misassumptions may readily run rife ...
In a 5-4 decision, the United States Supreme Court held that states and their agencies cannot invoke sovereign immunity as a defense to claims of discrimination brought under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”)[1] in Torres v. Texas Department of Public Safety.[2] With this new ruling, public employers should continue to be mindful of the protections that USERRA provides active-duty and veteran employees ...
Have you ever heard a story and thought, “That only happens in the movies!”? Well, this story may invoke that thought, but unfortunately for one lawyer, it transpired in real life. Although the rule is clear that lawyers cannot reveal privileged communications without client authorization, a Washington lawyer’s conduct illustrates that the rule is tough to remember, or recognize, in casual, friendly settings ...
The onslaught of ransomware attacks by cybercriminals increases unabated every year, affecting everyone from mom and pop shops on Main Street to corporate lions of Wall Street. Hackers infiltrate an organization's computer network through social engineering tactics like phishing emails or by exploiting network security weaknesses, allowing vital digital information to be hijacked and held for ransom ...
Hidden among its flurry of end-of-term blockbusters, on June 27, 2022, the U.S. Supreme Court issued a long-awaited opinion inRuan v. United States. InRuan,the Supreme Court addressed the issue of whatmens reaa physician must possess to be guilty of illegally distributing controlled substances through the use of allegedly improper prescriptions ...
On June 27, 2022, the United States Supreme Court issued its decision in Kennedy v. Bremerton School District, a case where the Court took another look at school employees’ First Amendment rights to religious expression while employed. The Court held that a school district infringed on a coach’s First Amendment rights when it disciplined him for engaging in private prayer on the field after football games. Joseph Kennedy was a football coach for the Bremerton (WA) School District ...
One of the most basic questions under the False Claims Act—what facts a relator must plead to state a claim—is also one of the most difficult to answer. The Supreme Court is considering multiple certiorari petitions seeking to resolve a circuit split in the application of Rule 9(b)’s heightened pleading standard to the FCA ...
The Kentucky Supreme Court’s recent decision in Estate of Worrall v. J.P Morgan Bank, N.A. demonstrates the dangers to a trustee seeking a release from liability when distributing trust assets upon termination without following the statutory requirements. In Estate of Worrall, a corporate trustee sought to liquidate the trust assets of a terminating trust and conditioned the subsequent distribution of the assets on the beneficiary signing a release and indemnification agreement ...
On June 27, 2022, the United States Supreme Court ruled that doctors who act in subjective good faith in prescribing controlled substances to their patients cannot be convicted under the Controlled Substance Act (“CSA”). The Court’s decision will have broad implications for physicians and patients alike ...
As of June 21, 2022, importers of goods from China and other countries that contain China origin inputs of components or raw materials are subject to the enforcement provisions of the Uyghur Forced Labor Prevention Act (UFLPA). As a result, importers should now perform significant due diligence on all tiers of the supply chain of their imports and update their compliance policies and internal controls to address the risks of forced labor in their supply chains ...
On June 15, 2022, the Supreme Court of the United States released its long-awaited decision in American Hospital Association v. Becerra in which it unanimously held that the United States Department of Health and Human Services (HHS) overstepped its statutory authority by cutting 340B-related reimbursement to hospitals ...
June 28, 2022 By: Michael Flynn* In its recent Semiannual Risk Perspective, the Office of the Comptroller of the Currency (OCC) has highlighted the difficulties banks face finding adequate numbers and quality of hires for compliance oversight. While there are several reasons for this issue, it comes at an especially inopportune time, when banks face increasing compliance demands and regulator requirements that target compliance activities and Chief Compliance Officers specifically ...
Novartis Pharms. Corp. v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. June 21, 2022) In this week’s Case of the Week, the Federal Circuit granted panel rehearing of and vacated its prior decision in Novartis Pharms. Corp. v. Accord Healthcare, Inc., 21 F.4th 1362 (Fed. Cir. 2022). Our write-up of that opinion can be found here ...
In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new Pensacola Bay Bridge ("Bridge") between Pensacola, Florida and Gulf Breeze, Florida during Hurricane Sally ...
The Guernsey Housing Association has recently advised that there are currently more than 500 people on the waiting list for affordable housing. Affordable housing is housing that is reserved for certain groups of people whose needs are not met by, or cannot afford to rent or buy property in, the private market ...
Regulation brings uniformity and security, which may feel anathema to the fundamental premise of distributed ledger technology (specifically blockchain and the nascent crypto industry blockchain technology allows) – a world that needs neither trust nor centralized authority. Nevertheless, two U.S. senators are pushing to reconcile these seemingly contrary positions and priorities ...
