Legal Updates

Into the Weeds on Sen. Schumer’s Cannabis Bill

The Cannabis Administration and Opportunity Act was introduced in the Senate earlier this month by Senator Chuck Schumer (D-NY). The bill would remove federal prohibitions on the manufacture, sale and possession of marijuana, and would also dramatically alter the current regulatory scheme for cannabidiol (CBD).

Although recreational marijuana is now legal in 19 states and Washington, D.C., marijuana is still a Schedule 1 controlled substance under the United States Controlled Substances Act (CSA), no different than cocaine, and it is therefore a federal crime to sell and possess marijuana even where legal under state law. Read more…

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Latest updates on the commercial rent relief scheme

The Victorian State Government will be introducing legislation today in relation to the new rent relief scheme for commercial tenants.

The scheme is expected to operate until January 2022.

Both landlords and eligible tenants should be negotiating now.

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Lok Sabha endorses the Insolvency and Bankruptcy Code (Amendment), 2021

The Finance Minister Nirmala Sitharaman on 26th July 2021 introduced the Insolvency and Bankruptcy Code (Amendment) Bill, 2021 (“Bill”), which was endorsed by Lok Sabha on 28th July 2021. Interestingly, this Bill was passed without any discussions with members of the opposition party, since the opposition leaders were worked up in protesting against the Pegasus snooping issue and the 3 (three) new farm laws tabled before Lok Sabha in the monsoon session.

Prior to such introduction in the Lok Sabha, the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 (“Ordinance”) was promulgated by the President of India on 4th April 2021. This Ordinance was introduced in view of the financial impact of the Covid-19 pandemic and subsequent lockdown imposed globally, including India directly affecting micro, small and medium enterprises (MSME’s) and consequently exposed many of them under financial distress.

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Review of the Presidential Decree on temporary measures to regulate the legal situation of foreign citizens and stateless persons in Russia during the period of overcoming the consequences of COVID-19 spread

On June 16, 2021, a new decree of the Russian President on temporary measures to regulate the legal situation of foreign citizens and stateless persons in Russia during the period of overcoming the consequences of the spread of COVID-19 (“Decree”)1 came into force. Its main provisions are as follows:

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ACCESS RIGHTS IN SCOTLAND

The local authorities are routinely enforcing access rights against residentialcommercial and estate owners. It is therefore important for property owners to know their rights and responsibilities when it comes the Access Rights.

The Land Reform (Scotland) Act 2003 creates a unique set of access rights to cross land provided it is for the following:

Read more…

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Biden’s Executive Order encourages review of the use of noncompete clauses but stops short of proposing a ban

This article is part of a new McDonald Hopkins series on developments in restrictive covenant law that will dive deeper into how employers can protect their business interests in light of state – and potentially federal – limitations, strategies for revising employers’ non-compete and non-solicitation agreements, and other topics that will help businesses navigate the changing landscape of employee restrictive covenants. Read more…

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California’s New COVID-19 Vaccine (Non)Mandate and Testing Requirements

Our colleagues Adam C. Abrahms and Juan Larios of Epstein Becker Green recently published an Act Now Advisory that will be of interest to our readers: “California’s New COVID-19 Vaccine (Non)Mandate and Testing Requirements.”

The following is an excerpt:

On July 26, 2021, the California Department of Public Health (“CDPH”) issued a State Public Health Officer Order (“Order”) seeking to address the increase California is experiencing in positive COVID-19 cases. With infections of the COVID-19 Delta variant rising, Governor Gavin Newsom and State Public Health Officer Tomás Aragón issued the Order as an effort to reduce COVID-19 infections in California. However, contrary to some press reports, the Order is not really a vaccine mandate in any way, shape, or form. As this Advisory describes in detail, in addition to a separate order for employees of the state, the Order applies to certain categories of health care and high-risk facilities, requires verification of workers’ vaccination status and compliance with masking guidelines, and imposes requirements for testing unvaccinated and incompletely vaccinated workers.

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New rent relief scheme for Victoria

The Victorian Government has today announced a new rent relief scheme for small to medium sized businesses.

It will be available to tenants with a turnover of less than $50 million and who have suffered a decline in turnover of at least 30% due to Covid-19.

Under the new scheme, landlords will be required to provide proportionate rent relief to eligible tenants which is consistent with the tenant’s reduction in turnover. At least 50% of the rent relief offered must be by waiver and the remainder by way of deferral.

The new rent relief scheme will be applied from 28 July 2021 and is expected to operate until January 2022.

What does this mean for landlords and tenants? Read more…

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How the PRO Act Could Change Labor Law – Employment Law This Week Video

As featured in #WorkforceWednesday:  This week, we look at the potential “game changing” legal and policy shifts coming to labor relations.

The Protecting the Right to Organize (PRO) Act, if enacted, would make the most significant changes to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935. The PRO Act is a top priority of the union movement in the United States and is supported by President Biden, who claims to be the most pro-union president in U.S. history.  Attorney Steve Swirsky discusses the potential impact the PRO Act could have on employers. Beyond the PRO Act, Steve also looks at how Jennifer Abruzzo’s confirmation as NLRB general counsel could impact the agency’s litigation and enforcement agenda.

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The Wild West of name, image, and likeness: NIL roll-out update

Part 3 in the series “The Wild West of name, image, and likeness: Be prepared when the dust settles.” 

In just a matter of days, athletic directors across the country went from proactively following century-old NCAA guidelines to reactively trying to navigate unknown territory, with virtually no guidelines.

Changing a sentiment that has stood for 115 years doesn’t generally happen overnight. The long-reaching effects of new state laws and federal court rulings on the use of student-athletes’ name, image, and likeness (NIL) have shifted the power-balance within collegiate athletics and created a legal vacuum. Read more…

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