Headlines that Matter for Companies and Executives in Regulated Industries

Passed in August of this year, the Inflation Reduction Act (IRA) was heralded by many as a landmark piece of climate legislation in the United States. The IRA’s tax credits for electric vehicles were among its most anticipated benefits. The direct benefits appear to be slow in emerging.

On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA).

Cargo ships at port

As detailed in our previous alerts, the Section 301 statute (19 USC § 2417), includes a “termination provision” stating that the Section 301 tariffs will terminate after a period of 4 years, unless a representative of the domestic industry submits a written request for their continuation.

The US Securities and Exchange Commission (SEC) has filed an enforcement action against crypto influencer Ian Balina in the Western District of Texas alleging that he promoted unregistered securities in connection with the Initial Coin Offering (ICO) of Sparkster, Ltd.’s Sparkster tokens (SPRK).

The US and EU have ramped up their enforcement initiatives to eliminate forced labor in supply chains. Importers, particularly in the fashion, electronics, solar, and automotive industries, should review the updated DOL List of Goods Made with Child Labor or Forced Labor for potential future CBP.

Following the enactment of the Inflation Reduction Act (IRA) on August 16, the US Treasury Department (Treasury) and the Internal Revenue Service (IRS) recently issued six notices.

Knowing who owns legal entities is essential to stopping terrorism, money laundering, and other sophisticated criminal enterprises. For entities formed in the United States there has never been a requirement to disclose ownership. But that’s about to change.

As part of advancing the independent scope of practice for nurse practitioners, California has revised its statutory scheme to further refine practice expectations.

On September 30, 2022, the National Labor Relations Board (NLRB) continued its efforts to upend labor relations and reinstituted its short-lived Lincoln Lutheran dues checkoff rule. In a 3-2 decision, the Board held that employers with unionized workforces are required.

While I can’t remember anything specific from my 1-L Contracts class, I’m sure that is where I first was exposed to the concept that an integration clause could prevent a party to a written contract from claiming that other terms had been agreed to orally but, for some reason, had not been memorialized in the document.

On September 30, 2022, the National Labor Relations Board (NLRB) continued its efforts to upend labor relations and reinstituted its short-lived Lincoln Lutheran dues checkoff rule. In a 3-2 decision, the Board held that employers with unionized workforces are required.

In September 2022, the US Securities and Exchange Commission (SEC) announced that it had filed suit against one broker-dealer underwriter and entered into settlements with three other broker-dealer underwriters.

On September 13, 2022, the European Parliament approved a report by its committee on legal affairs that calls for the introduction of a new regulatory framework to prevent abuses that may be caused by third-party-funded lawsuits

As the founder of iGroup and iGrow, Anastasios Economou weighs in on the future of crypto, NFTs, and the impact of the Metaverse on companies.

On Friday, October 7, 2022, the Bureau of Industry and Security (BIS) released an interim final rule containing an enormous set of export controls that will likely damage the Chinese semiconductor, advanced computing, and supercomputer industries.

As part of the Illinois Commerce Commission’s (ICC) ongoing effort to draft a Renewable Energy Access Plan, ICC staff is considering methods to encourage transmission development across the state. The draft Plan may influence ICC transmission policy, including Illinois’ participation.

Crypto-asset transactions are rapidly growing in popularity. However, a surge of cybersecurity breaches and hacker attacks on cryptocurrency exchanges and cryptocurrency wallet service providers has caused billions of dollars in crypto-asset losses to its owners.

The Centers for Medicare & Medicaid Services (CMS) has released the first in what undoubtedly will be a series of guidance documents regarding the recently enacted Inflation Reduction Act (IRA). 

California extended the time for eligible employees to use COVID-19 supplemental paid sick leave by three months, or until the end of 2022. In a further change, Assembly Bill 152 also allows California employers to require further COVID-19 testing as a condition of using this paid sick leave.

Headlines that Matter for Companies and Executives in Regulated Industries

California has enacted legislation broadly protecting employees from discrimination for the use of marijuana, which has been legal in the state since 2016. Governor Newsom signed Assembly Bill 1288 into law. It generally prohibits employers from discriminating “against a person in hiring.

The Internal Revenue Service (IRS) recently published a new Technical Guide for tax-exempt 501(c)(6) trade associations, business leagues, chambers of commerce, real estate boards, and other organizations exempt from federal taxation under IRC 501(c)(6). The new guide is part of an ongoing effort.

On September 28, 2022, the Food and Drug Association announced a proposed rule to redefine the implied nutrient content claim term “healthy” to more closely reflect current nutrition science and Federal dietary guidelines.