08/04/2023
The US Treasury Department’s requirement to report beneficial ownership goes into effect January 1, 2024, with the initial report due January 1, 2025:
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The US Treasury Department’s requirement to report beneficial ownership goes into effect January 1, 2024, with the initial report due January 1, 2025:
Employers can now verify employment eligibility remotely under new Homeland Security Department regulations. This option is only available to employers in good standing in the federal electronic E-Verify system. The regulations require participating employers to examine copies of I-9 documents within three days of a worker’s start date, have a live video interaction with the worker to ensure the documents appear to be genuine, and check a box on the I-9 form indicating a remote process was used.
LINK:
Texas passed legislation (known as House Bill 19), creating a Business Court to hear disputes between business owners or managers regarding breach of contract, breach of fiduciary duty, corporate governance, and the like to address complex business litigation with an eye toward quicker resolution of such disputes and more consistency across the state. Texas Business Court will have the same powers as Texas District Courts, but will have no jurisdiction over claims by or against governmental entities, claims for personal injury, medical, or legal malpractice, violations of the Texas Deceptive Practice Act or the Texas Free Enterprise and Antitrust Act, state antitrust law claims involving governmental entities, foreclosure of liens, or claims arising out of the Texas Estate Code, Texas Family Code, Texas Insurance Code, or claims involving contractor’s or mechanic’s liens under the Texas Property Code. The Texas Business Court can handle civil actions filed on or after September 1, 2024.
LINK:https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB00019F.pdf =0
Wishing everyone a Happy Independence Day from all of us at Filippov Law Group!
How the new Supreme Court decision will affect colleges and diversity in their student populations:
Picture: REUTERS/Jonathan Drake/2018
https://www.reuters.com/legal/what-supreme-courts-ruling-affirmative-action-means-colleges-2023-06-29/
The U.S. Supreme Court on Thursday struck down race-conscious policies in college admissions, ending decades of precedent that had allowed schools nationwide to use such programs to increase the diversity of their student bodies.
Today, the Pregnant Workers Fairness Act (PWFA) goes into effect, requiring any employer with at least 15 workers to provide “reasonable accommodations” to workers for known limitations related to pregnancy, childbirth, or related medical conditions:
https://www.congress.gov/117/bills/hr2617/BILLS-117hr2617enr.pdf =1626
Today, the US Department of Energy (DOE) issued a new policy on how it approves requests by companies to extend their approvals for LNG export projects to non FTA countries. DOE will now no longer consider a new application for a 7-year commencement extension, unless construction started on an LNG export facility, or company faces extenuating circumstances. The new policy doesn't apply to companies that have applications pending.
Photo credit: Sabine Pass LNG
Crude D'Etat - OFAC Implements Policy & Guidance Relative to Price Caps on Crude Oil Originating from Russian Federation http://createsend.com/t/d-2F90CB1DD089B9812540EF23F30FEDED
Interview with Victoria Filippov Nemeth as the recipient of the 2022 Women in Energy Texas Lawyer Award:
https://www.law.com/texaslawyer/2022/12/01/women-in-energy-victoria-filippov-nemeth//
Biden’s student loan forgiveness relief plan has been blocked by a second federal court.
https://fortune.com/2022/11/12/is-student-loan-forgiveness-relief-canceled-debt-texas-judge-blocks/
Biden declared the pandemic over before he used emergency powers to cancel student debt, the Texas judge noted.
Read about the states where abortion is banned:
https://www.nytimes.com/interactive/2022/us/abortion-laws-roe-v-wade.html
The New York Times is tracking the status of abortion laws in each state following the Supreme Court’s decision to overturn Roe v. Wade.
Legal Momentum partnered with the Center for Urban Pedagogy to create their new women-focused worker resource, providing accessible information on legal protections.
https://www.legalmomentum.org/library/worker-resource-women-know-your-rights-work
Date: May 21, 2021 Legal Momentum’s new worker resource was created in collaboration with the Center for Urban Pedagogy (CUP) and graphic designer Vic Lui, as part of CUP’s Making Policy Public program. This resource, Women, Know Your Rights at Work!, is a fold-out poster in English and Spanish....
Here’s everything you need to know about Material Adverse Effect clauses:
https://www.natlawreview.com/article/litigation-minute-avoiding-uncertainty-material-adverse-effect-clauses
DEAL LITIGATION SERIES: PART THREE OF FOUR WHAT YOU NEED TO KNOW IN A MINUTE OR LESS Material Adverse Effect (MAE) or Material Adverse Change (MAC) clauses are common in merger and acquisition (
Early voting begins today. Races to watch are linked below:
https://www.houstonpublicmedia.org/articles/news/politics/elections/2022/10/21/435667/2022-election-guide-harris-county-and-texas-races-to-watch/
Houston Public Media details four key races on the ballot this fall -- three of them are statewide contests and the other is in Harris County.
The Department of Labor announced a new proposed rule that may make it more difficult to classify workers as independent contractors.
https://www.natlawreview.com/article/what-s-old-new-again-dol-s-new-proposed-rule-independent-contractors-returns-to-pre
On October 11, the Department of Labor (DOL) announced a proposed rule that would replace the Trump administration’s worker classification test, and may make it more difficult to class
Read about information for H-1Bs approved under the H-1B cap.
https://www.natlawreview.com/article/information-h-1bs-approved-under-h-1b-cap
For fiscal year (FY) 2023, the annual H-1B quota for 85,000 H-1Bs was met as of August 23, 2022, and on October 1, 2022, those H-1Bs that were approved as change-of-status petitions went into effect.
The White House has developed principles for AI design and use:
https://www.natlawreview.com/article/bill-rights-information-age-white-house-outlines-principles-artificial-intelligence
It is no secret that legislators and regulatory agencies have taken note of companies’ increasing reliance on artificial intelligence (“AI”). In the employment context, vendors
U.S. companies are charging employees for job training if they quit.
https://www.reuters.com/world/us/more-us-companies-charging-employees-job-training-if-they-quit-2022-10-17/
When a Washington state beauty salon charged Simran Bal $1,900 for training after she quit, she was shocked.
What employers need to know about individual background checks when making hiring decisions:
https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records-employment-decisions
Appeals court upholds Texas law regulating social media moderation. Read about the impacts here:
https://www.washingtonpost.com/technology/2022/10/01/texas-social-media-impact/
Houston has been chosen for the second year in a row as one of the residencies for the two month accelerated Global Startup Program, held in conjunction with the Italian Ministry of Foreign Affairs:
https://itahouston.com/gsup22/
Texas sets new employment record, leading all states with nonfarm jobs added over the last year.
https://businessintexas.com/news/texas-sets-new-employment-record-reaching-13530100-total-nonfarm-jobs-in-august-2022/
Texas set new employment record reaching 13,530,100 total nonfarm jobs in August, adding a total of 16,400 nonfarm jobs. Professional and Business Services / Education and Health Services / Financial Activities sectors added the most new jobs.
Here’s what multi-state employers need to know about the current trends of California and several other states prohibiting discrimination of off-duty cannabis use:
https://www.lexology.com/library/detail.aspx?g=0b21f465-5304-485e-8501-1c9402bcc050
Photo from "dazed and confused"
We are very pleased to provide you with a feature presentation of our managing member, as it was published in the Wall Street Journal.
Read about potential Chinese persuasion techniques that can threaten your company’s secrets.
https://harrisbricken.com/chinalawblog/the-chinese-government-is-coming-for-your-company-secrets/
A “pay yourself” scam is trending. If you engage with what looks like a fraud alert text, you may be engaging with a scammer.
Stay protected by staying informed.
Watch the video below to learn more:
https://www.youtube.com/watch?v=8Yk9i4uL8dQ
The best way to avoid scams is to know what to look for.The “Pay Yourself Scam” begins with a text message from a scammer that looks like a fraud alert from ...
New case law gives employers good reason to be wary of brushing aside complaints about political speech in the workplace, and to take the time to consider the context in which alleged misconduct is carried out.
https://worklaw.com/blog/political-speech-can-contribute-to-hostile-work-environment
The Inflation Reduction Act was signed into law on August 16th. While the provisions are less ambitious than those of Build Back Better, they are projected to significantly reduce greenhouse gas emissions.
https://www.venable.com/insights/publications/2022/08/inflation-reduction-act-what-you-need-to-know
Court adopts a “double scienter requirement” for establishing violations of the digital millennium copyright act.
https://www.11thcircuitbusinessblog.com/2022/08/court-adopts-a-double-scienter-requirement-for-establishing-violations-of-section-1202b-of-the-digital-millennium-copyright-act/
In Victor Elias Photography, LLC v. Ice Portal, Inc., 2022 U.S. App. LEXIS 22472 (11th Cir. Aug. 12, 2022), the Eleventh Circuit adopted a “double scienter requirement” for copyright infringement under 17 U.S.C. § 1202(b) of the Digital Millennium Copyright Act (“DMCA”). This standard requi...
Read about private equity market updates here:
https://www.goodwinlaw.com/publications/2022/08/08_17-private-equity-market-updates-at-a-glance
Private Equity Market Update
New law extends the statute of limitations for civil and criminal fraud actions involving the Paycheck Protection Program (PPP) and Economic Disaster Injury Loans (EDIL) to ten years.
Read the takeaways here.
https://www.mofo.com/resources/insights/220822-biden-administration-extends-statute-of-limitations
Policy changes to the $800 Billion Paycheck Protection Program redirected loans to the neediest communities. Read the analysis here:
https://www.bloomberg.com/graphics/2022-covid-relief-ppp-loans-small-business/
In lower-income communities across the US, changes to the Paycheck Protection Program resulted in loans being issued to smaller businesses in great need of support.
Read about the benefits for Ukrainian Humanitarian Parolees here:
https://www.acf.hhs.gov/orr/fact-sheet/benefits-ukrainian-humanitarian-parolees
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Benefits for Ukrainian Humanitarian Parolees
This post Dobbs abortion indictment shows the evidence that prosecutors are using against individuals and how aiding and abetting laws can be extended to individuals involved in such activity.
https://www.lexology.com/library/detail.aspx?g=ff300dbf-23b2-49d7-af84-2440b4d01d42&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=State+Bar+of+Texas+Corporate+Counsel+Section+2013+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2022-08-15&ut
With the release of the decision in Dobbs v. Jackson, questions regarding enforcement activity in states that restrict or ban abortion by statute…
Winter is coming to European countries, and with Russia’s cold shoulder, the EU has to turn elsewhere for energy imports.
https://www.braumillerlaw.com/european-countries-winter-russian-sanctions-gas/
Ever since the Ukraine invasion one of the most prominent issues would be the gas supply issue in European countries.
President Biden signed into law the CHIPS and Science Act, a $280 billion bill meant to boost the investments of emerging technologies.
Read about the anticipated opportunities here:
https://www.globalpolicywatch.com/2022/08/significant-funding-and-tax-credit-opportunities-in-the-chips-and-science-act/
On August 9, 2022, President Biden signed into law the CHIPS and Science Act—a massive, $280 billion bill to boost public and private sector investments
Previously, employers were allowed to conduct COVID-19 testing at any time, for any reason, "to prevent workplace transmission of COVID-19." Now employers may only utilize COVID-19 testing under the business necessity standard.
https://www.lexology.com/library/detail.aspx?g=bd94cb59-f8dd-43ea-a8d7-302908c4dc56&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=State+Bar+of+Texas+Corporate+Counsel+Section+2013+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2022-08-15&ut
The Equal Employment Opportunity Commission ("EEOC") recently updated its guidance in July of 2022. According to the new guidance, the COVID-19…
California’s DMV has asked Tesla to change the language in its self-driving car advertisement.
https://lnkd.in/g49RCVeS
Another story about Elon Musk? Yes. But this one isn't about Twitter, rather it centers on Tesla and what California's Department of Motor Vehicles claims is misleading and false advertising. See, when Tesla promotes its cars' self-driving/autopilot technology, it uses language like “All you will ...
Congratulations to Victoria Filippov Nemeth on being recognized for her work and achievements and receiving the Texas Legal Award for Women in Energy:
https://www.law.com/texaslawyer/2022/07/25/texas-legal-awards-winners-and-finalists-announced/
Abortion is about to be completely illegal in Texas. Here's how it works:
https://www.houstonpublicmedia.org/articles/news/texas/2022/06/24/427684/texas-trigger-law-to-ban-abortion-will-soon-go-into-effect-heres-how-it-works/amp/
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