The Foreign Agents Registration Act of 1938 (“FARA” or “the Act”) is a controversial disclosure law that aims to combat covert foreign influence in the United States by promoting transparency with respect to the political, media, and public relations activities of so-called “agents of foreign principals.”1 FARA’s vague statutory language and history of selective enforcement have made the Act a subject of legal controversy for decades; however, until recently, FARA had largely flown under the radar of the business community. Now, FARA is experiencing a renaissance in public interest, media coverage, and governmental concern due, in large part, to a recent surge in enforcement activity from the U.S. Department of Justice (“DOJ”) over the past half-decade. And yet, amid this environment of heightened FARA enforcement, both Congress and DOJ are taking steps to reform the Act and its implementing regulations, respectively. Read more…
Amid Heightened Enforcement, Congress & DOJ Mull Reforms to FARA Statute & Implementing Regulations
UPDATE: Washington, D.C. Universal Paid Leave Increases Will Begin October 2022
On June 7, 2022, the District of Columbia Council approved the Fiscal Year 2023 Budget Support Act of 2022 (“Act”), which includes an increase to the number of weeks of paid leave available to eligible employees through the Universal Paid Leave Act (“UPLA”) (also known as “Paid Family Leave,” or “PFL”). Generally, as we previously explained, PFL-eligible employees are those who spend at least 50 percent of their work time – whether full time or part time – in D.C.
New Wave of Russian Sanctions, General Licenses, FAQs, and Export Controls
On June 27 and 28, 2022, the U.S. government unleashed a new wave of sanctions and related measures aimed at Russians and Russian industry in response to Putin’s ongoing war against Ukraine. The Department of Treasury Office of Foreign Assets Control (“OFAC”) 1) added 99 persons to the Specially Designated Nationals and Blocked Persons (“SDN”) List, and 2) prohibited the importation of gold from Russia. OFAC also issued five new General Licenses. Read more…
Employers Beware – SEC Renews Enforcement Initiative Against Agreements (This Time a Non-Compete) That Interfere With Whistleblowers’ Unfettered Access to the SEC
Exchange Act Rule 21F-17, adopted in 2011 under the auspices of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, prohibits any person from taking any action to impede an individual from communicating directly with the SEC, including by “enforcing, or threatening to enforce, a confidentiality agreement . . . .” The SEC has prioritized enforcing this rule expansively, by requiring employers to provide SEC-specific carveouts to policies and agreements governing confidentiality. According to an Order issued last week against The Brink’s Company ( “Brink’s” or “Brinks”), the SEC seems to suggest that employers must provide a specific carveout in restrictive covenant agreements permitting employees and former employees to report information to the SEC in addition to the statutory disclosure provided for in the federal Defend Trade Secrets Act (DTSA).
DTSA Whistleblower Language May Be Required, but Is It Sufficient? Not According to the SEC.
Exchange Act Rule 21F-17, adopted in 2011 under the auspices of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, prohibits any person from taking any action to impede an individual from communicating directly with the SEC, including by “enforcing, or threatening to enforce, a confidentiality agreement . . . .” The SEC has prioritized enforcing this rule expansively, by requiring employers to provide SEC-specific carveouts to policies and agreements governing confidentiality. According to an Order issued last week against The Brink’s Company ( “Brink’s” or “Brinks”), the SEC seems to suggest that employers must provide a specific carveout in restrictive covenant agreements permitting employees and former employees to report information to the SEC in addition to the statutory disclosure provided for in the federal Defend Trade Secrets Act (DTSA).
Video: SCOTUS Overturns Roe v. Wade – What Employers Should Consider – Employment Law This Week
As featured in #WorkforceWednesday: This week, we look at the significance of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and the impact that the overturning of Roe v. Wade will have on employers.
SINGLE-USE PLASTICS… NOT FANTASTIC
Just in time for plastic free July, Scotland has become the first part of the UK to ban many single-use plastics. The legislation, The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021, came into force on 1 June 2022.
The legislation makes it unlawful for businesses to commercially make and supply: cutlery (forks, knives, spoons, chopsticks and other similar utensils); plates; beverage stirrers; food containers made of expanded polystyrene; cups and lids made of expanded polystyrene. There is an exemption for plastic straws to ensure that those who need them to eat or drink independently or for medical purposes still have access to them. Read more…
California’s Amended Automatic Renewal Law Takes Effect July 1, 2022: What Subscription-Based Companies Need to Know
Businesses offering subscription-based products or continuous services must be ready to comply with California’s amended automatic renewal law (ARL), which takes effect Friday, July 1st. The update to the already robust ARL includes additional notice and cancellation requirements for free trials, as well as automatically renewing subscription plans. Gov. Gavin Newsom signed Assembly Bill 390 in October 2021, which amended the ARL. Read more…
SCOTTISH GOVERNMENT CONSULTATION ON PERMITTED DEVELOPMENT RIGHTS
The Scottish Government have launched a consultation on permitted development rights in relation to planning law. Amongst other things they are seeking views on permitted development rights for pavement seating adjacent to hospitality premises.
Pre-pandemic, licensed premises generally required planning permission for outdoor seating, especially on the pavement areas although the approach did vary across the country. Since Covid19 however, on the recommendation of the Chief Planning Officer, no enforcement or limited enforcement has been taken against those utilising these temporary outdoor seating spaces. This approach is due to come to an end in September 2022. Read more…
Connect with ILN
Firm of the Month
ILN Members Twitter Feed