Alert
Published 08/13/2021
By Marc Adesso, John Crozier
Services Corporate | Securities Transactions and Regulations
Companies operating as foreign private issuers (“FPI”) must assess their status as an FPI annually as of the last business day of their second fiscal quarter (typically June 30, for issuers with a December 31st fiscal year) to determine that they no longer met the requirements under Rule 405 under the U.S. Securities Act of 1933, as amended (the “Securities Act”) and Rule 3b-4 under the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”) to be treated as an FPI. Under such rules, an FPI is defined as any issuer, other than a foreign government incorporated or organized under...
Alert
Published 08/13/2021
Services Employee Benefits and ERISA Litigation
This month’s Friday Five covers cases relating to: (1) whether an insurer may seek reimbursement of LTD benefits after a plaintiff obtains a tort settlement, and the scope of discovery on class claims regarding the same; (2) dismissal of LTD claim where the claimant failed to provide insurer with requested medical records during claim review, including records relating to potential pre-existing condition; (3) analysis of the difficulties involved in addressing disabling conditions such as fibromyalgia that are difficult to confirm through objective evidence; (4) analysis of ERISA’s statute of...
Article
Published 08/13/2021
Services Retirement Planning
Alert
Published 08/12/2021
By Patrick F. Nugent, Amy L. Piccola, Joshua W. B. Richards and Levi R. Schy
Industries Higher Education
On July 20, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued its Questions and Answers on the Title IX Regulations on Sexual Harassment (“Q&A”), which clarifies OCR’s interpretation of schools’ responsibilities under Title IX and the Department’s amendments to the regulations in 2020 (the “2020 Amendments”). The Q&A is a part of the Department’s comprehensive review of current Title IX regulations following President Biden’s Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex,...
Article
Published 08/11/2021
Industries Construction | Infrastructure
Blog Post
Published 08/11/2021
By Donald A. Rea
Article
Published 08/10/2021
Services Force Majeure Litigation
Article
Published 08/06/2021
Services Force Majeure Litigation
Alert
Published 08/06/2021
By Judith B. Kassel
Industries Government Contracts
The Federal Acquisition Regulation (“FAR”) Council published a proposed rule on July 30, 2021 implementing portions of President Biden’s January 2021 Executive Order No. 14005 . That Order directed Federal agencies to maximize the use of goods, products, and materials produced in, and services offered in, the United States. What you need to know: These changes include: Increasing the threshold for compliance with Act on a step basis from 55% domestic content to 75% by the year 2029; Singling possible future action to extend narrow or eliminate the current exemption from the BAA for...
Article
Published 08/06/2021
Industries Construction
Article
Published 08/06/2021
Industries Construction
Article
Published 08/06/2021
Industries Construction
Alert
Published 08/04/2021
By Richard B. Carrol, Alex P. Ferraro, Jessica M. Jones, Chad E. Davis, William S. Gee, and Richard A. Forsten
Services Corporate
On June 30, Delaware Governor John Carney signed into law the 2021 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware Revised Uniform Partnership Act (the “Partnership Act”), and the Delaware Revised Uniform Limited Partnership Act (the “LP Act”). The LLC Act, the Partnership Act and the LP Act are sometimes referred to as the “Alternative Entity Statutes.” What You Need to Know: Amongst other changes, these amendments: Provide for ratification of void or voidable acts of LLCs, LPs and...
Article
Published 08/02/2021
Services Labor and Employment
Article
Published 08/01/2021
Industries Government Contracts
Services Labor and Employment
Blog Post
Published 07/30/2021
By Donald A. Rea