Expert Analysis

• Cost To Gov't Means Justices Must Review NC Sales Tax Case

  

  The U.S. Supreme Court should review and overrule the North Carolina high court’s decision in Quad Graphics v. North Carolina Department of Revenue — an anticipatory overruling of precedent that expands the state sales tax base and imposes a stealth tax on the federal government, says Richard Pomp at the University of Connecticut Law School.

• How GHG Protocol Revisions Will Affect Climate Disclosures

  

  The Greenhouse Gas Protocol's pending revisions to several of its standards, which are widely used by organizations to measure and report GHG emissions, will have major implications for a global economy increasingly focused on the importance of climate change efforts, say attorneys at Orrick.

• How The Fla. AG Is Impeding Recreational Marijuana

  

  Florida Attorney General Ashley Moody has again vowed to stand in the way of a measure on a ballot proposal to legalize the adult use of recreational marijuana, which followed guidance from a previous Florida Supreme Court decision — and if the court sides with her, proponents will be left at an impasse, say Daniel Russell and Daniel McGinn at Dean Mead.

• Fla. Foreign Real Estate Law Brings Broad Investment Risks

  

  Last month, Florida became the latest state to enact legislation prohibiting Chinese investors from acquiring certain interests in real property, introducing significant legal uncertainty and consequences for real estate stakeholders and the private equity industry, say attorneys at Simpson Thacher.

• Prepping Your Business Ahead Of Affirmative Action Ruling

  

  The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

• What Cos. Should Know About Minn. Noncompete Statute

  

  Companies with operations or employees in Minnesota should reassess their restrictive covenant agreements and practices, including in the context of pending sales and acquisitions, in order to comply with a new statute that bans most noncompetes starting July 1, says Kevin Passerini at Blank Rome.

• Opinion

  AUSA Jobs Don't Pay Enough To Keep Staff, Attract Diversity

  

  Assistant U.S. attorneys earn significantly less than their U.S. Department of Justice counterparts, resulting in urgent recruitment and retention issues that hurt the federal administration of justice, and must be addressed by fairly compensating AUSAs, says Steven Wasserman, president of the National Association of U.S. Attorneys.

• A Look At Health Care Providers' Workplace Safety Duties

  

  Recent state legislation and Occupational Safety and Health Administration enforcement actions highlight the uniquely high amount of violence that health care workers face, and the difficulty of adequately protecting employees and patients, say Victor Moldovan and Dan Silverboard at Holland & Knight.

• Compliance Considerations For Potential Texas Privacy Law

  

  The possible approval of the Texas Data Privacy and Security Act, a comprehensive regime for how consumers and companies interact with personal data, means businesses should prepare for the substantial operational changes it will require, say Laura Ferguson and Caitríona Pagni at Locke Lord.

• SEC's Redefinition Of 'Exchange' Would Mean More Confusion

  

  The U.S. Securities and Exchange Commission's proposed amendments to Rule 3b-16 would classify more platforms as exchanges or broker-dealers — including many cryptocurrency and decentralized finance systems — but the amendments' vagueness would create unnecessary regulatory risk and increased operational confusion, say attorneys at Morrison Foerster.

• How REITs Can Prep For SEC's Repurchase Disclosure Rules

  

  With real estate investment trusts' share repurchase activity on the rise, REITs should beware the potential enforcement risks that may arise from the U.S. Securities and Exchange Commission's new rules requiring additional disclosures regarding such repurchases, says Zach Swartz at Vinson & Elkins.

• Opinion

  Federal Law Should Recognize And Protect Stateless People

  

  The government should protect the 200,000-plus people living in the U.S. with no recognized claim to citizenship under any country's laws by defining statelessness, providing benefits like green card eligibility and a path to citizenship, and issuing guidelines for federal officers evaluating statelessness cases, say Samantha Sitterley at United Stateless and Charles Johnson at Akin Gump.

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

• State Laws Could Complicate Employer Pandemic Protocols

  

  If the recent wave of state bills that would prevent employers from implementing certain safety protocols in a future pandemic is signed into law, companies — especially those that operate across state lines — will be forced to completely rewrite their pandemic playbooks to avoid compliance issues and discrimination claims, says Karla Grossenbacher at Seyfarth Shaw.

• SBA Program Changes Could Make Loans More Accessible

  

  With recent rule changes to 7(a) and 504 loan programs, the U.S. Small Business Administration has the ambitious goal to increase the availability of loans, especially to underserved markets and minority communities, and attorneys who handle SBA loans may see more loans of this kind, says Allison Lane at DarrowEverett.