Energy Alert – Implications of New 10th Circuit Opinion On Oilfield Contamination Litigation
The Tenth Circuit’s decision will likely make it more difficult to obtain summary judgment in oilfield contamination cases.
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Employment Alert – Important Lesson for Employers: Tenth Circuit Decision Regarding the Oklahoma Anti-Discrimination Act
The 10th Circuit decision offers lessons for employers who receive a request for leave of absence as a reasonable accommodation.
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Employment Alert – PWFA Final Regulations Are Past Their Due Date
Congress passed the Pregnant Workers Fairness Act (“PWFA”), which took effect on June 27, 2023, and applies to all employers with 15 or more employees. The EEOC issued proposed regulations in August 2023 and allowed public comment through October 11, 2023, with final regulations anticipated in late December 2023. As of the date of this alert, no final regulations have been published.
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Business Alert – Corporate Transparency Act: Reference Guide
On January 1, 2024, beneficial ownership information reporting requirements will take effect for legal entities created or registered to do business in the United States. This reference guide provides an outline for what businesses of all sizes will need to consider regarding their reporting obligations.
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Securities Alert – The Share Repurchase Disclosure Modernization Rule Has Been Stayed
On October 31, 2023, the U.S. Fifth Circuit Court of Appeals (the “Fifth Circuit”) held in Chamber of Commerce of the USA v. SEC, that when the SEC adopted the Share Repurchase Disclosure Modernization rule (the “Repurchase Rule”), the “SEC acted arbitrarily and capriciously, in violation of the APA, when it failed to respond to the petitioners’ comments and failed to conduct a proper cost-benefit analysis.”
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Securities Alert – New Disclosure in Upcoming SEC Filings
The SEC has adopted a number of substantive new rules that will require new disclosures as soon as December 18, 2023 for material cybersecurity incidents on Form 8-K.
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Securities Alert – The SEC Adopts Amendments to Beneficial Ownership Reporting
On October 10, 2023, the SEC adopted final rules governing beneficial ownership reporting under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934. These sections, along with Regulations 13D and 13G, require an investor who beneficially owns more than 5% of a covered class of equity securities to publicly file either a Schedule 13D (investors with control intent) or a Schedule 13G (investors without a control intent).
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Tribal Alert – Upcoming Tribal Responsibilities Under the Corporate Transparency Act
On September 29, 2022, the Financial Crimes Enforcement Network (“FinCEN”), a bureau of the U.S. Treasury, released final rules implementing Section 6403 of the Corporate Transparency Act. The CTA was enacted to combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity. Given the CTA’s application to various tribal entities and citizens, and the importance of reporting, there are a number of specific requirements tribal nations must be aware of.
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