August 2023 – Page 11 – Legal News Feed

JDSupra

Navigating the Legal Landscape of Digital Assets: UCC Adaptations and Implications

Pieter Gunst3 years ago04 mins

The digital era demands adaptability and flexibility from legal professionals, particularly in understanding and categorizing new classes of assets. Unlike tangible, physical assets, a myriad of challenges arises when dealing with complex digital possessions such as non-fungible tokens (NFTs), crypto tokens, cryptocurrencies, and other digital assets. Despite their intangible nature, possession of digital assets is…

JDSupra

IRS Postpones Roth Catch-Up Requirement to 2026, Easing Retirement Plan Management

Pieter Gunst3 years ago01 mins

In a recent development, the Internal Revenue Service (IRS) has made a decision to put off the Roth Catch-up Requirement till 2026. A provision of the SECURE Act 2.0, a piece of legislation enacted on December 29, 2022, which is having considerable implications on retirement plans. As per this provision, it is mandatory for plan…

JDSupra

Cryptocurrency Regulation Intensifies: Understanding Proposed Tax Reporting Changes for Digital Assets

Pieter Gunst3 years ago02 mins

In response to a provision in the 2021 Infrastructure Investment and Jobs Act, the Department of the Treasury and the Internal Revenue Service (IRS) have issued proposed regulations affecting transactions involving cryptocurrency and other digital assets. New tax reporting requirements have been outlined for digital asset brokers, a change aimed to take effect from the…

JDSupra

Proposed FLSA Rule Change Significantly Raises Overtime Pay Eligibility Threshold

Pieter Gunst3 years ago03 mins

In a significant announcement from the Department of Labor (DOL) on August 30, 2023, a proposed rule change concerning the Fair Labor Standards Act (FLSA) overtime exemptions has been put forward. The most noticeable impact of this rule would be a considerable increase in the standard salary threshold for “white collar” exemptions, rising from $684…

JDSupra

FCC Clarifies International Section 214 Authorizations for Legal Professionals

Pieter Gunst3 years ago03 mins

The Federal Communications Commission (FCC) has brought some clarity for legal professionals worldwide concerning the intricacies of international Section 214. FCC’s Office of International Affairs (OIA) recently published an Order on its ongoing proceedings related to this matter. This report is in conjunction with the previously adopted Order and Notice of Proposed Rulemaking on international…

Law360

Massachusetts Supreme Court Upholds Good Faith Defense in Attorney Misconduct Cases

Pieter Gunst3 years ago02 mins

In a turn of current legal proceedings, The Massachusetts Supreme Court ruled last Thursday that supervising attorneys might sidestep severe sanctions in cases of misconduct if they were acting in good faith, relying on information provided by subordinate attorneys. This verdict came as penalties were being assessed for former prosecutors found to have concealed information…

JDSupra

Evolving State-by-State PFAS Drinking Water Regulations Challenge Industries Nationwide

Pieter Gunst3 years ago03 mins

With no enforceable federal drinking water standard for per- and polyfluoroalkyl substances (PFAS) currently in place in the U.S., an increasing number of states have undertaken measures to regulate PFAS compounds in drinking water. The subsequent matrix of varying regulations and standards across states is posing significant operational and compliance challenges to the impacted industries….

JDSupra

Labour Board Decision Prompts Reevaluation of Manufacturing Workplace Policies

Pieter Gunst3 years ago02 mins

In a rapidly changing industrial landscape, legal developments have substantial implications on manufacturing industries. In response to recent legal evolutions, company handbooks of employers, both unionized and non-unionized, may need immediate modifications. A focal point of this shift is a pivotal decision by the Labour Board impacting workplace rules. This development is outlined in the…

JDSupra

Building a Powerful e-Discovery Brand in the Evolving Legal Tech Landscape

Pieter Gunst3 years ago03 mins

In a world increasingly dictated by screens and software, e-Discovery is becoming a critical field for legal professionals and corporate entities alike. Recognizing this need, Global Advisory Board Chair Ari Kaplan, a respected legal industry analyst and principal of Ari Kaplan Advisors, recently hosted a discussion within the ACEDS (Association of Certified e-Discovery Specialists) community….

JDSupra

HHS Recommendation Signals Potential Shift in Federal Cannabis Classification: Implications for Legal Professionals

Pieter Gunst3 years ago03 mins

In an unprecedented move, the U.S. Department of Health and Human Services (HHS) recently cast its recommendation for the reclassification of cannabis from Schedule I to Schedule III of the Controlled Substances Act. This potential shift, analysed in detail by Benesch, could signify the initial steps toward federal legalization and bear significant implications for legal…

Jurist

Belgium Temporarily Suspends Acceptance of Single Male Asylum Seekers to Prioritize Families and Children

Pieter Gunst3 years ago04 mins

Belgium has recently put forth an unexpected measure in its handling of the ongoing refugee crisis. As per an announcement made on Wednesday by Nicole de Moor, the State Secretary for Asylum and Migration, the country has imposed a temporary halt on the acceptance of single male asylum seekers. The objective of this move is…

JDSupra

WOTUS Definition Revised in Response to Supreme Court Ruling

Pieter Gunst3 years ago03 mins

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Agencies) released an immediate, revised definition of the “waters of the United States” (WOTUS) on August 29, 2023. This new rulemaking is a direct response to the recent Supreme Court ruling in the Sackett v. EPA case. In Sackett v. EPA,…

JDSupra

Medicare Unveils Top Ten Drug Expenditures as Part of Inflation Reduction Act

Pieter Gunst3 years ago02 mins

The Centers for Medicare and Medicaid Services (CMS) has recently disclosed the names of the top ten drugs that account for the largest portion of Medicare spending. The announcement was made publically on August 29, as the initial element in the new Medicare drug price negotiation system according to the provisions of the Inflation Reduction…

JDSupra

USCIS Streamlines L-1 Blanket Petitions with I-129S Approval Notice Transition

Pieter Gunst3 years ago04 mins

On August 3, 2023, U.S. Citizenship and Immigration Services (USCIS) initiated a transition in the process pertaining to L-1 blanket petitions. Until this date, the endorsed Form I-129S was utilized in proceedings. However, USCIS has now replaced this with an I-129S approval notice that will function as the endorsement. The move is anticipated to streamline…

JDSupra

Balancing Compliance and Disaster Preparedness: Key Insights for Sustainable Business Continuity

Pieter Gunst3 years ago03 mins

Understanding the links between compliance and disaster preparation has never been more crucial for global corporations and legal practitioners. Navigating these complex waters, authorities like Laura Fey, Principal at Fey, LLC; Tom Leatherbee, Manager at the Recovery Division of Hagerty Consulting; and Jillian Cusack, AVP and Privacy Officer at American Fidelity, provide valuable insights into…

JDSupra

IRS Proposes Prevailing Wage and Apprenticeship Rules for Clean Energy Tax Credits under Inflation Reduction Act

Pieter Gunst3 years ago03 mins

On August 29, 2023, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) unveiled a set of comprehensive proposed regulations that seek to elaborate further on the prevailing wage and apprenticeship (PWA) prerequisites for eligibility to full-value clean energy tax credits under the Inflation Reduction Act (IRA). The IRS, in addition to…

Law.com

EEOC’s Pregnant Worker Rules May Increase Employment Litigation as Clarity Sought

Pieter Gunst3 years ago02 mins

The U.S. Equal Employment Opportunity Commission’s (EEOC) proposed rules implementing the Pregnant Workers Fairness Act (PWFA) could trigger an uptick in job-related litigation, according to employment lawyering professionals. The new guidelines deal with workplace accommodations for employees undergoing pregnancy or related conditions. This could create disagreements concerning whether employers have met the accommodation requisites as…

Law.com

Autonomous Vehicle Lawsuits Hinge on Manufacturers’ Risk Management Strategies

Pieter Gunst3 years ago02 mins

The outcome of legal suits related to self-driving vehicles may, in a significant measure, depend on the risk management strategies adopted by the vehicle manufacturers. This insight comes amid an ongoing debate on the allocation of liability in the advent of autonomous vehicle accidents. “Legal reality is likely to be less accepting of driver responsibility…

Law.com

Federal Judge Dismisses Sorority Lawsuit Aimed at Blocking Transgender Woman’s Admission

Pieter Gunst3 years ago02 mins

In a seminal ruling, a federal judge has dismissed a controversial lawsuit filed by members of the Kappa Kappa Gamma sorority at the University of Wyoming. The suit attempted to block the admission of a transgender woman named Artemis Langford into the sorority. Judge Alan B. Johnson of the District of Wyoming explained that his…

JDSupra

Navigating OFAC Appeals: 10 Strategic Considerations for Legal Professionals

Pieter Gunst3 years ago04 mins

The Office of Foreign Assets Control (OFAC) has jurisdiction over financial transactions involving U.S. and foreign entities. A sub-agency under the U.S Treasury Department, its primary objectives include observing, administering, and enforcing economic and trade sanctions based on U.S. foreign policy and national security goals against targeted countries, individuals, or entities. OFAC exercises its authority…

JDSupra

Supreme Court to Reevaluate Whistleblower Protection in Murray v. UBS Securities

Pieter Gunst3 years ago03 mins

In the forthcoming Supreme Court term, an employment case of significant import is on the agenda: Murray v. UBS Securities, LLC. According to this JD Supra article, the case will be an examination and evaluation of a crucial component of the Sarbanes-Oxley Act (SOX), with a specific focus on whistleblowers. The central contention to be…

JDSupra

Navigating Medicare Open Enrollment: The Importance of Long Term Rehabilitation Coverage

Pieter Gunst3 years ago03 mins

As the time for Medicare’s open enrollment draws near, legal professionals are prompted to reassess coverage options, particularly in the often-overlooked field of long term rehabilitation coverage. Understanding the complexities and full scope of Medicare coverage is essential in making informed decisions for the upcoming enrollment period. Recent legal analysis from Warner Norcross + Judd…

JDSupra

AI-Generated Art Denied Copyright Protection: Examining the Future of Intellectual Property Law

Pieter Gunst3 years ago03 mins

In a recent landmark case, Stephen Thaler’s appeal of U.S. Copyright Office’s refusal to register a piece of art generated by his artificial intelligence (AI), labeled “Creativity Intelligence,” was rejected on August 21, 2023. The ruling was given by the U.S. District Judge Beryl A. Howell, who agreed with the Copyright Office’s stance that a…

JDSupra

HHS Proposes Shift in Marijuana Classification: Legal and Commercial Implications Ahead

Pieter Gunst3 years ago02 mins

On August 30, 2023, notable changes were announced within the U.S. Department of Health and Human Services (HHS). The HHS proposed a shift in the legal classification of marijuana from Schedule I to Schedule III, a change that has potential implications for both the legal and commercial aspects of the drug. This news was initially…

JDSupra

Fintech and Banks: Navigating Strategic Partnerships to Bypass State Usury Laws

Pieter Gunst3 years ago03 mins

For those tuned in to the world of financial regulation, the discussions continue to be compelling and wide-ranging. One of the central themes driving conversation this week concerns the Federal Reserve Board’s latest series of published working papers. The authors of these reports delve into the particularly timely subjects of fintech’s interaction with traditional banking,…