Lawyer-written insights on the latest legal happenings—and how they impact your business.


USCIS Interim Final Rule Revising Definition of “Specialty Occupation”

Oct 07 2020
On October 6, 2020, the U.S. Department of Homeland Security (DHS) issued an Interim Final Rule to be published on October 8, 2020 and to take effect on December 7, 2020. The rule revises regulations regarding the H-1B nonimmigrant visa program. The rule’s changes to the H-1B program restrict eligibility for the program in several ways.

SEC Adopts Amendments to Modernize Shareholder Proposal Rule

Oct 06 2020
The U.S. Securities and Exchange Commission (SEC) recently adopted final rules to modernize Rule 14a-8 governing shareholder proposals. The final rules aim to ensure that shareholder-proponents demonstrate a sufficient economic stake or investment interest in a company prior to attempting to effectuate change at the company.

Wholesale Markets Opened to Small Energy Producers

Sep 28 2020
On September 17, 2020, the Federal Energy Regulatory Commission (FERC) made it possible through aggregation for small solar, bio-mass, wind, storage, demand response and other distributed energy resources to bid competitively against large-scale utility power plants in regional power markets. FERC’s Order No. 2222 requires Regional Transmission Organizations (RTO) and Independent System Operators (ISO) to allow aggregators to assemble distributed energy resources no matter how small into resource portfolios that they can bid into regional capacity, energy and ancillary services markets. The portfolios can be as small as 100 kW. 

2020 Candidate Tax Proposals

Sep 18 2020
We’re close to the 2020 presidential election and many people are wondering what effect a potential change in leadership could have on their tax bill. If the Democrats take the White House many of the tax provisions enacted by the Tax Cut and Jobs Act of 2017 could be rolled back. Even if new legislation is not passed until late 2021, the new rules could be effective retroactive to January 1, 2021.

The CDC’s Eviction Moratorium and the Pending Lawsuit to Stop It

Sep 16 2020
On September 2, 2020, the Centers for Disease Control (CDC) relied on little-known statutory powers to issue a temporary moratorium for most residential evictions, with a stated goal of reducing the risk of transmission of COVID-19. We provided an explanation of the CDC’s order in an earlier alert. Last week, a lawsuit was filed in federal court, on behalf of a landlord, seeking to halt or overturn the Order.

Updated COVID-19 Frequently Asked Questions Released by the CMS

Sep 15 2020
On August 26, 2020, the Centers for Medicare and Medicaid (CMS) released an updated FAQ guide for questions related to COVID-19 and the public health emergency (PHE). The new guide includes additional details from COVID-19 legislation, emergency rules, and waivers. The policies included in the FAQ are effective for the duration of the PHE unless superseded by future legislation.

CDC Eviction Moratorium

Sep 09 2020
In an effort to supplement the action by Federal, State, and local governments to combat the spread of COVID-19, the Centers for Disease Control and Prevention has taken the extraordinary step of issuing an Agency Order under Section 361 of the Public Health Service Act to temporarily halt residential evictions.

South Carolina Announces Detailed New Guidelines to Allow Limited Outdoor Visitation at Nursing Homes, Assisted Living Facilities

Sep 08 2020
South Carolina has joined many other states in severely restricting or largely eliminating visitations at long term care facilities during the COVID-19 pandemic. Such facilities are seen as particularly at risk, given the close living quarters and the vulnerabilities of many residents. However, as public health officials learn more about the virus and how it spreads, recommended precautions have evolved and DHEC is now allowing limited outdoor visitation at South Carolina’s long-term care facilities.

Coronavirus Stimulus Legislation: Tax Credits and Other Business Programs

Sep 04 2020
This final alert in our four-part series on coronavirus stimulus legislation covers the various other significant stimulus proposals focused on businesses contained in the Democrat’s Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act) and the Republican’s “HEALS Act,” which, as discussed in our previous alert, is actually eight different pieces of legislation. Given the number of proposals and the differences between them, we hope this overview, at a minimum, allows businesses to plan for what tax and other stimulus proposals may make it into the final legislation.