Legal Updates Archive

Fredrikson attorneys John Pickerill and Courtney Thompson covered a lot of content in their Advertising Law Trends to Watch in 2021 presentation on April 1, 2021.

At first glance, it would seem a commercial tenant’s failure to maintain the leased premises in violation of the lease’s terms would allow the landlord to recover the costs necessary to make the repairs.

What should employers know about the American Rescue Plan?

The American Rescue Plan Act of 2021 (ARPA) passed by Congress and signed into law by President Biden on March 11, 2021, included several employee benefits updates and changes.

Beyond coronavirus-related provisions, the Consolidated Appropriations Act, which was signed into law on December 27, 2020, contains significant changes to trademark and copyright laws.

DHS rescinded regulations resulting from a final rule that was vacated by a federal district court. The Biden administration also withdrew the federal government's appeals of injunctions blocking the DHS public charge rule.

The Department issued guidance in response to President Biden's signing of two proclamations that ended travel bans on certain nationals, based on visa type, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen.

The Department has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification. The temporary expansion is effective until December 31, 2021.

The Department of State rescinded the previous national interest determination regarding categories of travelers eligible for exceptions under Presidential Proclamation (PP) 10143 related to the Schengen Area, the United Kingdom and the Republic of Ireland.

USCIS released tips to avoid common mistakes when filing an H-1B electronic registration. The agency said the top two user errors were creating the wrong type of account and entering the same beneficiary more than once.

Employees who receive the SSA TNC with a citizenship mismatch now have the option to call the Department of Homeland Security to resolve their cases instead of visiting an SSA field office.

President Biden revoked former President Trump's proclamation issued in April 2020 that banned many immigrants from entering the United States. The Department of State issued instructions on exceptions to the nonimmigrant ban.

The Department of State's Visa Bulletin for March 2021 shows a seven-month leap forward for Chinese and Indian EB-1s, with a final action date of August 1, 2020, for both countries.

USCIS announced flexibilities for certain foreign students applying for Optional Practical Training whose receipt notices for Form I-765, Application for Employment Authorization, are delayed. The flexibilities apply only to applications received from October 1, 2020, through May 1, 2021.

Starting March 1, 2021, USCIS is reverting from the 2020 revised version to the 2008 version of the naturalization civics test. There will be a transition period in which certain applicants can choose which test to take.

Among other things, DOS has extended the validity of machine-readable visa fees until September 30, 2022.

The E-3 classification applies only to nationals of Australia coming to the United States to perform services in a specialty occupation.

The Biden administration and Democratic sponsors in the Senate and House of Representatives have put forth a sweeping new immigration reform bill, the 353-page "U.S. Citizenship Act of 2021."

A U.S. district judge extended DV-2020 visas for six months so they will not lapse while he renders a decision on plaintiffs' challenge to Trump-era travel bans that are still in place.

USCIS notified stakeholders that the agency continues to experience delays at certain lockboxes in issuing receipt notices for Form I-765, Application for Employment Authorization, based on eligibility categories relating to optional practical training (OPT) for F-1 students.

ABIL formally submitted a comment asking the Department to withdraw its final rule prioritizing wages in adjudicating H-1B applications. DHS delayed the effective date of the wage rule until May 14, 2021.

On March 2, 2021, Virginia Governor Ralph Northam signed into law the Consumer Data Protection Act. In doing so, Virginia became the second state to enact a comprehensive consumer privacy law.

Recent announcements with respect to LIBOR will have a significant implications for lenders, borrowers and other financial services providers and users.

What does the Governor’s March 12, 2021, Executive Order mean for Minnesota employers?

The SEC, through its Division of Examinations, has published its exam priorities for 2021. According to the SEC, these priorities reflect certain practices and products that may present more risk to investors and/or the integrity of the U.S. capital markets. This article contains several items of interest to Registered Investment Advisers and Broker-Dealers.

This article addresses frequently asked questions and guidance regarding the initial PPP loans taken out by Borrowers (First Draw Loans).

This article addresses frequently asked questions and guidance regarding the eligibility of previous PPP loan recipients to receive a second PPP loan (Second Draw Loans).

This article addresses frequently asked questions and guidance regarding new PPP loan forgiveness rules and requirements.

This article addresses frequently asked questions and guidance regarding updates and other reforms to the SBA’s review process of PPP loans.

This article addresses frequently asked questions and guidance regarding hold harmless agreements, lender fees and other updates contained in the reforms.

The business of operating a bank has long since expanded beyond serving customers and managing a balance sheet. These days, bank management spends considerable time overseeing and negotiating with key vendors – a dance that has only become more complicated in recent years. In this upcoming article series, we will provide insights regarding third-party risk management throughout the lifecycle of a bank’s relationships with its critical vendors.

In fall 2020, the Department of Justice’s Antitrust Division issued a press release providing background and seeking public comment on a potential update to the Division’s 1995 Bank Merger Competitive Review Guidelines.

Most lenders are familiar with creating and perfecting security interests in personal property. However, when lending to farmers, there are a few additional issues.

On February 22, 2021, Representative Steve Elkins introduced a major new privacy bill (HF 1492) in the Minnesota House of Representatives containing significant privacy obligations for businesses to which it applies.

Biden administration announces several PPP reforms to support the smallest businesses.

Minnesotans whose “home state” is here and who purchase “nonadmitted insurance” directly from insurers not licensed to sell insurance in Minnesota are required to file Form IG255 annually with the Department of Revenue.

The South Dakota Supreme Court recently issued an opinion that substantially clarifies what constitutes a disqualifying conflict of interest under South Dakota law in the context of local zoning.

The wage-based selection process is delayed to December 31, 2021, meaning that it will not be in effect for the upcoming H-1B cap filing season this March.

The initial registration period for FY 2022 H-1B cap-subject petitions opens at noon ET on March 9, 2021, and runs through noon ET on March 25, 2021.

The Department of Labor's Employment and Training Administration has proposed to delay the effective date of a Trump administration rule, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States."

USCIS said its officers should not apply the rescinded memo "to any pending or new requests for H-1B classification, including motions on and appeals of revocations and denials of H-1B classification," and that further guidance is forthcoming.

Alejandro Mayorkas has become the first immigrant and first Latino to serve as Secretary of Homeland Security.

President Biden recently signed several immigration-related executive orders.

USCIS will continue to abide by previous filing fee amounts because of two preliminary injunctions.

The Department of State's Visa Bulletin for February 2021 included information on potential monthly movement for employment-based green card categories through May.

The order means that both the 12-month OPT and STEM OPT extension programs are lawful.

USCIS is extending the flexibilities it initially announced on March 30, 2020, to assist applicants, petitioners and requestors responding to certain agency requests.

The Biden administration withdrew a proposed rule to rescind the H-4 employment authorization document program from review by the Office of Management and Budget.

ICE announced an extension of flexibilities in rules related to employment eligibility verification compliance due to continued precautions related to the COVID-19 pandemic. The policy is extended until March 31, 2021.

The agency determined that the Student and Exchange Visitor Program already addressed many of the same responsibilities.