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Navigating the NEXT.
Biden Administration’s First 100 Days
Following a US presidential campaign that detailed many potential policy changes, President Joe Biden and Vice President Kamala Harris have assembled a team aimed at addressing the ongoing COVID-19 pandemic, a challenging economy, calls for racial justice, existing immigration and foreign policy, and a renewed focus on climate change, among other priorities. To help clients navigate those changes, Morgan Lewis will be analyzing executive orders as they are issued or reversed, key agency appointments, and enacted and proposed regulations.
Insights
As we described in our March 15, 2021 LawFlash, the American Rescue Plan Act of 2021 (ARPA) includes a 100% COBRA premium subsidy for any employee or dependent who is a COBRA qualified beneficiary (or will become one) resulting from an involuntary termination of employment or a reduction of hours (referred to as an Eligible Individual).
The education industry, like many others, saw a fundamental shift in 2020 as remote learning challenged some of the long-held traditions of institutions, educators, and related companies. From federal support of reopening in-person classes to changes in college athletics to overall financial challenges, here are some of the trends we could see defining the industry for the rest of 2021.
The Biden-Harris administration announced its American Jobs Plan, a legislative framework laying out an ambitious $2 trillion investment in physical and human infrastructure, on March 31. The bulk of the proposed spending is directed to rebuild US infrastructure in the form of physical improvements on roads, bridges, airports, and ports, with additional investment and tax credits to support clean energy generation and storage, electric vehicles, and energy efficiency.
Consistent with the Biden-Harris administration’s “whole of government” approach to climate change as announced in its Day 1 and Day 7 executive orders, on March 29 the administration announced a variety of concrete initiatives that executive agencies will be taking to accelerate the development, permitting, and construction of US offshore wind projects and boost the already-growing industry as a whole. In addition to highlighting the importance of offshore wind in lowering carbon emissions and addressing climate change, the announcement emphasized the substantial collateral benefits that the administration expects offshore wind growth will bring, including jobs, investment, and related infrastructure improvements.
The Biden-Harris administration has allowed Presidential Proclamation 10052 (PP 10052) to expire as of March 31. PP 10052, implemented by the previous administration in June 2020, had suspended the issuance of certain nonimmigrant or temporary visas in several categories.
With the recent passage of the COVID-19 stimulus package, President Joseph R. Biden, his administration, and Congress have turned their attention to long-term economic recovery, deficit reduction, and tax reform. Proposals cover a broad range of tax policy issues, from raising the corporate income tax rate to reforming the current international tax regime. This LawFlash summarizes key elements of some of the tax reform proposals that have recently emerged.
Senator Chris Van Hollen (D-MD) introduced a Congressional Review Act (CRA) resolution of disapproval on March 26 that would invalidate the Office of the Comptroller of the Currency’s (OCC’s) true lender final rule.
The OCC, the Federal Reserve Bank, and the FDIC (collectively, the Banking Regulators) announced an interim final rule on March 9 that revises their capital rules to facilitate implementation of the US Treasury Department’s Emergency Capital Investment Program.
The American Rescue Plan Act of 2021 (ARPA) provides $1.9 trillion in relief funding to address the COVID-19 pandemic, support the US economy, and provide relief for impacted Americans. Signed into law by President Joseph R. Biden on March 11, 2021, ARPA includes provisions affecting healthcare providers, who remain on the frontlines of the pandemic as the new law takes effect.
The Consumer Financial Protection Bureau (CFPB or Bureau) issued a Statement of Policy (Statement) on March 8 making it clear that going forward it will exercise its full authority to penalize covered persons found to have engaged in abusive acts or practices, 12 U.S.C. §5536(a)(1)(B), in violation of its core consumer protection authority. In doing so, the Bureau’s acting director rescinded a January 20, 2020, Policy Statement (2020 Statement) issued by a director appointed by former President Donald Trump, in which the Bureau advised, among other things which we have previously discussed, that it would generally not seek civil penalties for “abusive conduct” unless there had been a lack of a good faith effort to comply with the law.
The American Rescue Plan Act of 2021 includes a COBRA premium subsidy and increases the dependent care flexible spending account (DCFSA) limits. While the availability of the COBRA premium subsidy is a requirement, the increase in the DCFSA limit is optional.
The US Department of Labor proposed to eliminate two of the previous administration’s signature rules, the joint employer rule and the independent contractor rule.
Morgan Lewis’s 15th annual 2020 Year in Review and a Look Forward provides a comprehensive overview and analysis of key 2020 US Securities and Exchange Commission (SEC) enforcement and examination developments, notable broker-dealer cases, and anticipated enforcement priorities for 2021, including under the potential leadership of SEC chair nominee Gary Gensler.
President Joseph R. Biden signed the American Rescue Plan Act of 2021 on March 11, which provides $1.9 trillion in relief funds across a broad spectrum of categories, including additional support for vaccine distribution, school reopenings, small business grants, tax credits, pension funds, unemployment support, health benefits, and homeowner assistance. Here are some key takeaways from the expansive bill that will be impactful to businesses across the United States.
Following the enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act in December 2020, the Biden administration announced several changes to the Paycheck Protection Program on February 22, 2021 aimed at providing greater access to funds for underserved businesses and communities. This LawFlash discusses these recent changes, highlighting key provisions and guidance for businesses seeking to participate in the program before it officially expires on March 31, 2021 (pending any additional legislation from Congress).
The US Senate on March 6 passed the Butch Lewis Emergency Pension Plan Relief Act of 2021 (EPPRA) as part of the American Rescue Plan of 2021 (H.R. 1319), the Biden administration’s $1.9 trillion COVID-19 stimulus package.
We previously reported on recent mortgage rulemakings that were finalized by the Consumer Financial Protection Bureau (CFPB or Bureau) late last year. Of the two final rules from the Bureau, one drastically simplifies the definition of a “qualified mortgage” (QM) (the General QM Final Rule), and the other provides an alternate pathway to QM safe harbor status for certain seasoned mortgage loans (the Seasoned QM Final Rule). Both of these final rules—with potentially major impacts on the housing market—were published in the Federal Register on December 29, 2020, with effective dates of March 1, 2021 (although the General QM Final Rule contains a mandatory compliance date of July 1, 2021).
The Office of Federal Contract Compliance Programs announced on March 2 that it has amended its 2020 Supply and Service Scheduling List by removing all establishments selected to receive focused reviews and compliance checks. Establishment-based compliance reviews, Corporate Management Compliance Evaluation reviews, Functional Affirmative Action Program reviews, and university compliance reviews will still proceed.
Much of the attention in President Joseph Biden’s executive actions in his first 100 days has been focused on his numerous executive orders on topics ranging from climate and COVID-19 to race and gender. Although these executive orders will immediately alter certain policies, observers have overlooked one non-executive order that may have a more consequential impact during the remainder of President Biden’s term: his January 20, 2021 memorandum titled “Modernizing Regulatory Review” (MMR).
President Joe Biden signed an executive order on February 24 to address possible vulnerabilities in the supply chains of critical national economic sectors, including the energy sector. The executive order directs various executive departments and agencies to complete, in coordination with private stakeholders, a series of assessments to evaluate the resiliency of supply chains in those key sectors. In his prepared remarks, President Biden explained that the order was prompted partly by concerns surrounding shortages in semiconductors, which are vital components of electronic devices used in everything from mobile phones to motor vehicles.
President Joe Biden has rescinded Presidential Proclamation 10014, the prior administration’s ban that suspended the issuance of certain green cards overseas and barred entry into the United States of certain groups of immigrants. Effective immediately, these individuals should be eligible to enter the United States as permanent residents, and US consular posts should begin issuing immigrant visas to these applicants.
We previously reported on recent mortgage rulemakings that were finalized by the Consumer Financial Protection Bureau (CFPB or Bureau) late last year. Of the two final rules from the Bureau, one drastically simplifies the definition of a “qualified mortgage” (QM) (the General QM Final Rule), and the other provides an alternate pathway to QM safe harbor status for certain seasoned mortgage loans (the Seasoned QM Final Rule).
President Joe Biden has been in office for 34 days and his nominee for Secretary of Labor, Marty Walsh, has not yet been confirmed. So far, Mr. Walsh has not publicly stated much regarding his views or intended priorities with respect to ERISA, although it is known that he has a background in labor organizing and the pension issues related to labor unions.
Morgan Lewis partner Eleanor Pelta authored a Law360 article about the potential immigration policies of the Biden administration. In the piece, she discussed current actions regarding immigration including eight executive orders, four memoranda, and three proclamations that concern or impact immigration.
As part of President Joe Biden’s efforts to address the continuing impact of the COVID-19 pandemic on American families, on February 16, the US Department of Housing and Urban Development, US Department of Veterans Affairs, and US Department of Agriculture (together, the agencies) announced a coordinated extension and expansion of forbearance and foreclosure relief programs. This announcement extends and expands the agencies’ forbearance and foreclosure relief programs through June 30, 2021. The programs were due to expire in March.
The US Department of State announced on February 10 that students possessing valid F-1 and M-1 visas who are seeking admission to the United States from the Schengen area countries, the United Kingdom, and Ireland no longer need to seek a National Interest Exception (NIE) to enter the United States. These travelers will automatically be able to enter the United States under a general NIE, without needing to obtain preauthorization from a US consular post.
Consumer Financial Protection Bureau (CFPB) Acting Director David Uejio has put a special focus on the manner in which responses are made to the CFPB’s consumer complaint system. Signaling the importance of this issue by undertaking it even before President Joe Biden’s nominee for director, Rohit Chopra, is confirmed to the position, Uejio has called out in a publicly released message to CFPB staff the possibility that some responses to complainants are incomplete—and vary by the complainant’s apparent demographic community.
With the arrival of a new US presidential administration, companies are anticipating potential shifts in enforcement priorities by the US Environmental Protection Agency (EPA) in the areas of climate change, the National Environmental Policy Act (NEPA), and emerging contaminants and chemical safety. In several areas, there is likely to be a rollback of the rollbacks of environmental rules implemented by the former administration, as well as an increased emphasis on environmental justice.
The inauguration of US President Joe Biden on January 20, 2021, marked the beginning of what will surely be a major transition across the US legislative and regulatory landscape—including the laws and regulations governing financial services firms in the United States.
Executive Order 13873 focused on securing the information and communications technology and services supply chain against transactions involving “foreign adversaries.” Companies in the information and communications technology and services sector should carefully study the new definitions, processes, procedures, and implications of the Interim Rule to ensure business continuity and stability.
The Biden administration has vowed to invoke the Defense Production Act (DPA) to increase domestic production of essential supplies needed to respond to the COVID-19 pandemic. In this Insight, we address key features of the DPA, guidance for companies that may receive a rated order, financing incentives offered by the DPA, and how we anticipate the Biden administration will use the DPA over the next year.
In May 2020, US President Donald Trump issued Executive Order 13920, banning the unrestricted import or use of certain categories of bulk-power system electric equipment from foreign adversaries, with a focus on Russian and Chinese equipment suppliers. The future of that regulation is now up in the air.
Shortly after the inauguration of President Joe Biden on January 20, former Consumer Financial Protection Bureau (CFPB or Bureau) Director Kathleen Kraninger submitted her resignation. Soon after that, the president announced that he had appointed David Uejio, a veteran CFPB official who most recently served as the Bureau’s chief strategy officer, to serve as acting director until the Senate confirms Rohit Chopra, his nominee for director.
In one of the last proposed notices from the US Department of Health and Human Services (HHS) under the Trump administration, HHS removed the 510(k) premarket notification requirement for seven types of gloves and proposed the same for 84 other devices ranging from gowns to ventilators.
President Joe Biden signed three new executive orders relating to immigration on Tuesday. Along with the executive orders issued immediately after his inauguration and the immigration legislative proposal sent to Congress on Day 1 of the new administration, these orders mark a stark new direction in immigration policy to strike a more welcoming tone with respect to immigrants, and to move away from the more restrictive rules and guidelines implemented during the Trump administration.
Among other features, the new guidance recommends that employers implement a COVID-19 prevention program and identifies key measures for limiting the spread of COVID-19.
US President Joe Biden’s focus on Buy American Act domestic preference regulations and agency practices of implementing regulations and issuing waivers is likely to lead to an increased focus on federal government contractors’ compliance with heightened requirements.
President Trump’s Executive Order Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies (EO 13959) prohibits transactions by or on behalf of US persons in publicly traded securities of Chinese companies identified by the US government as “Communist Chinese military companies.” This update discusses significant developments related to EO 13959 since our November 17 LawFlash, including OFAC actions and interpretations, and implications arising from those developments.
January 28 was designated as “health day” for President Joe Biden’s early push of executive orders, with two new executive actions added to a growing list. The Executive Order on Strengthening Medicaid and the Affordable Care Act and Memorandum on Protecting Women’s Health at Home and Abroad were described by President Biden as “restorative” of policies modified by the prior administration.
President Joe Biden issued a series of executive orders on January 27 to further confront the “existential threat” of climate change, to reaffirm the executive branch’s commitment to evidence-based policymaking and innovation, and to build on the executive actions taken on Day 1. This LawFlash provides an overview of several of the key actions under those orders.
President Joe Biden has signed several executive orders and announced other directives that will impact employers in the first 100 days of his administration, including guidance on protecting worker health and safety, economic relief for families and businesses, and racial equity and support.
President Joe Biden issued on January 25 an Executive Order on Ensuring the Future Is Made in All of America by All of America's Workers (EO). This EO leaves in place key portions of the prior administration’s July 15, 2019 EO 13881 (Maximizing Use of American-Made Goods, Products, and Materials) and related implementing regulations, orders a sweeping review of multiple domestic preference rules, including proposing standards for domestic products, and establishes a central Office of Management and Budget (OMB) authority to approve federal agency waiver requests of Made in America requirements.
President Joe Biden’s first days in office have focused heavily on issues of diversity, inclusion, equity, and human rights as applied across federal agencies and programs. We anticipate that this pattern will continue and that the principles underlying his first actions will heavily influence policy, federal contracting, and eligibility to participate in federal programs, and may help businesses focus their approach to federal policymaking going forward.
In an effort to curb the further spread of COVID-19, President Joe Biden has extended restrictions on US admission from the Schengen Area, the United Kingdom, Ireland, and Brazil as of January 26, and expanded the restrictions to include travel from South Africa as of January 30. The new restrictions prohibit travel from any of these regions during the 14-day period preceding anticipated entry to the United States, with certain exceptions.
Under President Joe Biden, pharmaceutical regulation may see increased FDA guidance, new strategies to speed up innovation and regulatory review, and a renewed focus on diseases with unmet needs, among other expectations.
President Joe Biden has elevated Democratic Commissioner Christopher T. Hanson to serve as Chairman of the US Nuclear Regulatory Commission (NRC). Mr. Hanson succeeds former Republican Chairman Christine Svinicki—the longest-serving Commissioner in the history of the agency—who stepped-down on January 20, 2021. Although timing is uncertain, President Biden also is expected to nominate a fifth Commissioner to fill the former Chair’s vacant seat. If that pick shares Chairman Hanson’s views, the agency’s longstanding threshold for intervenor challenges to license applications could be overturned.
In an expected move, President Joe Biden has designated Commissioner Richard Glick as the new FERC Chairman. Chairman Glick takes over from Commissioner James Danly, whose term as Chairman lasted less than three months.
Immediately following his inauguration on January 20, US President Joseph R. Biden, Jr. began taking executive action to enact many of his administration’s initial priorities, which included a number of executive orders, memoranda, and directives to cabinet agencies to address policies he detailed during his campaign, including the COVID-19 pandemic, climate change, equality, and the global economy. To help clients navigate potential changes from these actions, Morgan Lewis has provided a quick analysis of many of these orders and their impact. We will release more detailed pieces as the president unveils additional specifics of his First 100 Days plan.
Following the inauguration of President Joe Biden and Vice President Kamala Harris, President Biden signed several executive orders related to immigration. And, as promised by the Biden transition team, the Biden administration has sent a sweeping immigration reform proposal to Congress, where the effort to pass the bill will be led by Senator Robert Menendez of New Jersey. We provide below a summary of significant executive actions related to immigration, as well as a summary of the key points in the legislative proposal. We also summarize the status of certain Trump administration immigration rules post-inauguration.
As the 46th president of the United States, Joe Biden took significant steps on his first day in office to advance the energy and climate initiatives of his administration. This LawFlash provides a brief summary of several key actions, including the notice of the United States’ intention to rejoin the Paris Agreement, cancellation of the federal permit for the Keystone XL Pipeline Project, and directives by President Biden to certain federal agencies, as well as an overview of key members of his climate team who will be advancing administration policies.
It’s clear that President Joe Biden’s approach toward consumer protection and financial services enforcement will differ from that of his predecessor. In addition to general housekeeping matters, such as replacing and hiring personnel, it’s likely we’ll see more cooperation among state attorneys general, including across state lines, and federal agencies as well as a guaranteed increase in enforcement, especially against individuals in the coming days of the new administration.
Effective June 30, 2021, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels, resulting in higher prevailing wage levels for all occupations in the Occupation Employment Statistics wage database.
Most media accounts suggest that the incoming Biden administration will usher in a more “aggressive” SEC enforcement posture, with renewed emphasis on investigating potential fraud and controls deficiencies at public companies. SEC Enforcement may face some short-term headwinds to this approach.
Our FDA and digital health teams recently published a LawFlash on how a Biden administration will affect the US Food and Drug Administration’s (FDA’s) oversight and regulation of medical devices and digital health.
The US Department of Treasury and the Internal Revenue Service released anticipated final regulations pertaining to the federal income tax credit for carbon capture projects under Section 45Q of the Internal Revenue Code on January 6, 2021. The final regulations in certain significant respects respond favorably to taxpayer comments to the proposed regulations released on May 28, 2020.
The Final Rule retains the “economic realities” test while focusing on two “core factors” in analyzing whether an individual is an employee or an independent contractor but given the upcoming change in administration, employers should not make any changes in reliance on the Final Rule.
Medical device companies should be prepared for an increase in FDA enforcement activity with the incoming Biden administration, in addition to changes in agency leadership and repeals of regulatory reform.
Morgan Lewis antitrust partners, Richard Taffet, Ryan Kantor and Will Tom co-authored an article “Antitrust Enforcement in a Biden Administration,” for a special issue of Concurrences Competition Law Review focused on the topic The New US Antitrust Administration.
The US Department of Energy (DOE or Department) finalized a rulemaking proceeding last week that revises its National Environmental Policy Act (NEPA) implementing procedures pertaining to certain authorizations under the Natural Gas Act (NGA). This update limits DOE’s review of environmental impacts associated with natural gas exports to certain countries; DOE’s review will only consider the environmental effects of marine transportation, which DOE has also determined as not creating a significant environmental impact.
Morgan Lewis partners Susan Harthill, Jennifer Breen, and Kenneth Polite authored a Law360 article about the pace of personnel changes that could result in federal agencies under a Biden administration.
While workplace safety standards have been thrust into the national conversation since the coronavirus (COVID-19) pandemic began, Occupational Safety and Health Administration (OSHA) enforcement has been relatively quiet. That will likely change under a Biden administration.
Morgan Lewis partners Sandra Moser and Kenneth Polite authored a Law360 article about what a Biden administration will likely mean for white collar enforcement actions under the US Department of Justice (DOJ).
With only weeks until the US presidential administration changes hands, companies and consumers alike are anticipating what a Biden presidency will mean for consumer financial protection and for the Consumer Financial Protection Bureau (CFPB), the agency charged with overseeing it. Partner Robin Nunn and of counsel Eamonn Moran outline some of the changes that may lie ahead.
A new US presidential administration brings new priorities across various areas and industries, including regulation and enforcement of activities that affect the environment. With President-Elect Joe Biden expected to assume the presidency on January 20, 2021, there are a number of considerations for companies tracking potential changes to the law governing the use of chemicals and antimicrobials.
There was a perception in 2017 when then President-elect Trump took office that white collar enforcement actions under the US Department of Justice (DOJ) might drop dramatically. Many expected the Republican administration to effect policy changes or resourcing decisions that would keep corporations out of the spotlight when it came to major investigations and massive penalties.
The new Executive Order (EO or the Order) bans transactions by US persons in publicly traded securities of companies identified as “Chinese military companies,” and includes a ban on trading in derivatives of those securities and any securities designed to “provide investment exposure” to such securities, thereby capturing Exchange Traded Funds and arguably extending to funds that rely on those companies’ securities in any manner. The EO provides an 11-month wind down for divestiture of covered securities and positions.
Last week’s state attorney general races brought little change on the surface, but change in Washington significantly increases the risk of enforcement and litigation by the states. If it seems counterintuitive, it is. But this Washington changeover heightens the complexity of the relationship between Washington and state capitols.
In the News
Partner Eleanor Pelta spoke with International Employment Lawyer about the Biden-Harris administration’s decision to allow the Trump-era “wealth test” order to lapse.
Partner Jeff Boujoukos was quoted in a Board IQ article about the prospect of mutual funds being allowed to directly invest in cryptocurrency under the new potential leadership of the US Securities and Exchange Commission (SEC).
Partner Ella Foley Gannon was quoted in a Utility Dive article about the Biden-Harris administration’s $2 trillion infrastructure plan proposal in relation to California. In the piece, she discussed the state’s zero-carbon electricity goals: “Even before some of this gets played out through actual legislation at the federal level, this focus, I think, will dovetail nicely with California’s articulated goals—and hopefully, will incentivize more investment.”
Partner Eleanor Pelta spoke with Law360 about the Biden-Harris administration’s decision to permit individuals to reapply if they were denied H-1B, H-2B, J, and L temporary visas under the Trump administration.
Partner Susan Harthill was quoted in an HR Magazine article about the potential implications of the American Jobs Plan on workplace regulations. "Programs such as the Dislocated Workers Program and other training programs are already in place, but this plan would expand on those," said Susan.
A LawFlash authored by partners Susan Harthill and Russell Bruch and associate Elizabeth Johnston was cited in an EHS Today article about the Biden-Harris administration’s Department of Labor (DOL) and potential actions regarding independent contractor and joint employment issues. The LawFlash details the DOL’s proposal to eliminate the Trump era’s two signature rules regarding the issue.
In a recent Law360 article, partner Eleanor Pelta discussed the expiration of the Trump administration’s Proclamation 10052 and the benefits the expiration presents multinational companies. "
Partner James Tynion spoke with Law360 for an article about the Biden-Harris administration’s proposed $2 trillion infrastructure plan. In the piece, he explained the implications of the tax credit expansions on transmission investment tax credits (ITC).
Morgan Lewis partner Eleanor Pelta was quoted in a Bloomberg Law article about the visa application backlog caused by the COVID-19 pandemic. In the piece, she discussed the economic ramifications.
Morgan Lewis partner Susan Feigin Harris spoke with HealthLeaders about the American Rescue Plan Act of 2021 (ARPA) which provides $1.9 trillion in relief funding to address the COVID-19 pandemic and support the US economy.
Morgan Lewis partner Elizabeth Goldberg spoke with Pensions & Investments after the US Department of Labor (DOL) announced it will not enforce the “Financial Factors in Selecting Plan Investments” rule and “Fiduciary Duties Regarding Proxy Voting and Shareholder Rights” rule or take enforcement action against ERISA fiduciaries until it publishes further guidance.
Morgan Lewis partner Jonathan Zimmerman spoke with Law360 about the new COBRA subsidies introduced by the American Rescue Plan Act (ARPA). The passage of ARPA means that eligible employees who were laid off or had a reduction in hours as a result of COVID-19 can stay on their workplaces health plans for free within the extended 18 months of coverage from COBRA.
Partner Dennis Gucciardo was quoted in a MedTech Dive article about the outlook for the US Food and Drug Administration (FDA) under the Biden administration. Dennis noted that companies can expect an increase in “for cause” FDA inspections. "Under the Trump administration, we didn't really see that kind of activity unless there was a public health threat," he said.
Of counsel Sage Fattahian was quoted in an HR Magazine article about the implications of the American Rescue Plan Act of 2021 for employers.
Morgan Lewis partner Eleanor Pelta’s pro bono representation of advocacy groups opposed to the Trump administration’s immigration-related “wealth test” was highlighted in a recent NJ Today article.
Morgan Lewis partner Eleanor Pelta was quoted in an International Employment Lawyer article about the Biden administration’s decision not to defend a Trump era “public charge” policy before the US Supreme Court. The rule allowed for education, English-language skills, and current wealth to be considered when determining an individual’s eligibility for residency.
Partner Dennis Gucciardo spoke with BioWorld about the hurdles medtech companies will likely face while converting their emergency use authorizations (EUAs) to conventional premarket filings.
A blog post authored by partner Elizabeth Goldberg and associate Lauren Sullivan was cited in an HR Magazine article about the US Department of Labor’s (DOL’s) decision to not enforce a Trump administration guideline that limited the use of environmental, social, and governance (ESG) criteria when selecting retirement plan investments.
Morgan Lewis senior director Tim Lynch spoke with Law360 for an article about the American Rescue Plan’s implications for union pension plans.
Associate Emily Cuneo DeSmedt spoke with HR Magazine about the recently reintroduced Pregnant Workers Fairness Act, which could update required accommodations for pregnant workers. The bill was reintroduced in the US House of Representatives in February, and if it passes, “employers would need to amend their existing reasonable accommodation policies to clarify that they apply to employees who are pregnant, have pregnancy-related conditions or have recently given birth,” said Emily.
Partner Susan Harthill spoke with Law360 about the recent decision made by the US Department of Labor’s (DOL’s) Wage and Hour division to withdraw an opinion letter on worker classification that was issued during the Trump administration
Morgan Lewis senior director Tim Lynch discussed the possibility of including a union-related pension funding issue in the final draft of the American Rescue Plan with Law360.
Partner Susan Harthill was quoted by HR Magazine discussing how the Biden administration’s decision to lift certain limits on the US Department of Labor issuing subregulatory guidance will provide more flexibility for the agency. Discussing the practicalities of subregulatory guidance,
Morgan Lewis partner Susan Harthill was quoted in an HR Magazine article about the latest guidance on worker safety COVID-19 protection programs issued by the Occupational Safety and Health Administration (OSHA).
Partner Susan Harthill was quoted in an HR Dive article about the Occupational Safety and Health Administration’s guidance that requires vaccinated workers to continue to take cautionary measures to prevent the further spread of COVID-19.
Partner Jonathan Snare spoke with Law360 about new guidance from the Occupational Safety and Health Administration (OSHA) that requires vaccinated workers to continue to wear masks and take other measures to prevent the spread of COVID-19.
Partner Susan Harthill was quoted by HR Magazine in an article about the Biden administration’s request to freeze all proposed and pending regulations.
Senior director Timothy Lynch spoke with Law360 about potential legislative changes to union pension plans. “Clearly, with the Democratic control in the Senate, that makes it a lot easier," said Tim in the article.
Partner Eleanor Pelta spoke with The Harvard Crimson about the potential implications of the Biden administration’s immigration policies on higher education.
Partner Saghi Fattahian and associate Lindsay Goodman were quoted in an SHRM article about the Mental Health Parity and Addiction Equity Act (MHPAEA) compliance requirements under the 2021 Consolidated Appropriations Act, which was enacted on December 27.
Partners David Monteiro, Robin Nunn, and Rebecca Hillyer were quoted in a Compliance Week article about consumer protection initiatives, which are expected to be a major area of focus under the incoming Biden administration.
Morgan Lewis partner Susan Harthill was quoted in an article by Bloomberg Law after the US Department of Labor (DOL) published a final rule clarifying the standard for determining when a worker is an employee or an independent contractor.
Partner Susan Harthill spoke with Law360 about the US Department of Labor’s latest rule on how to classify workers as independent contractors or employees.
Senior Director of Morgan Lewis’s Washington Strategic Government Relations and Counseling Practice Timothy Lynch spoke with Law360 about the union pension issues the US Congress and incoming Biden administration are expected to address in 2021.
Morgan Lewis partner Sharon Perley Masling spoke with Bloomberg Law about the legal questions for employers around mandating the COVID-19 vaccine. “Whether to mandate the vaccine is obviously an industry-by-industry and employer-by-employer decision,” said Sharon. “In most cases, however, our clients are deciding to strongly encourage their employees to get the vaccine rather than require them to do so while the vaccine is under an EUA.”
In this NSI Live podcast addressing the findings and recommendations of the US Congress’s US-China Economic and Security Review Commission Annual Report, partner Giovanna Cinelli, leader of Morgan Lewis’s international trade and national security practice and National Security Institute (NSI) fellow, discussed how the US-China relationship may evolve or stay the same under President-elect Joseph Biden’s administration.
Partner Jonathan Snare and associate Alana Genderson spoke with HR Magazine for an article about what employers may expect regarding enforcement by the Occupational Safety and Health Administration (OSHA) under a Biden administration.
Partner Elizabeth Goldberg spoke with Pensions & Investments about the US Department of Labor’s (DOL’s) Employee Benefits Security Administration focus on environmental, social, and governance (ESG) enforcement.
Morgan Lewis partner Jeffrey Boujoukos spoke with Law360 for an article about the likely impact of the COVID-19 pandemic and a Biden administration on the US Securities and Exchange Commission’s (SEC’s) enforcement priorities.
Here’s what we know: After the November 3 US election, the Biden-Harris ticket has 290 electoral votes, 20 more than what is needed to win (with one state, Georgia, undecided). Senate Republicans hold a two-seat advantage (50-48) with the two Georgia seats undecided, and House Democrats maintain control with a current advantage of 221-205 (218 is needed to retain the majority) and 9 races undecided.
Morgan Lewis partner Douglas Baruch was quoted in a Bloomberg Law article following the announcement that the 2018 policy on whistleblower case dismissals, known as the Granston memorandum, would continue under the incoming presidential administration.
Partner John McGahren spoke with Law360 for an article about what a Biden administration may mean for environmental policy.
Many companies are preparing for a shift in priorities under a Biden-Harris administration, despite some lingering uncertainty over the fate of the US election, including the makeup of Congress and the official confirmation of a new president. To help with that preparation, Morgan Lewis assembled a group of former government officials to explain what happens now, what could happen after January 20, and what companies around the world should be doing.
Partner Julie Stapel spoke with Pensions & Investments about the potential implications of a Biden administration on recent proposals from the US Department of Labor (DOL) related to the ERISA fiduciary rule. Julie noted that the current proposal for the fiduciary rule "gets close enough to what the more liberal thinkers at the DOL were hoping for."
Morgan Lewis partner and co-leader of the firm’s privacy and cybersecurity practice Reece Hirsch spoke with Politico about potential changes the Biden administration might bring to the digital health landscape.
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