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Legal Updates

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Robinhood Sued in Class Action, Alleging Website Inaccessibility and Discrimination Against Blind Users

February 5, 2021

Robinhood Markets, Inc., owner of the now infamous Robinhood stock-trading app, has been sued in a federal class action lawsuit for alleged disability discrimination.

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What Exactly Is a “Garage”? The Importance of Specificity in Real Estate Covenants

January 29, 2021

A recent Wisconsin Court of Appeals’ decision illustrates the importance of specificity when drafting restrictive covenants.

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U.S. Army Corps Publishes Final Rule to Reissue, Modify, Issue Various Nationwide Permits

January 15, 2021

Of particular note for the energy industry, the Corps reissued and modified NWP 51 (land-based renewable energy generation facilities) and has split NWP 12 into separate permits.

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IRS Extends Start of Construction Safe Harbor for Offshore Wind and Renewable Energy Projects Located on Federal Land

January 11, 2021

In recognition of the unique challenges developing offshore wind projects and energy projects on federal land, the IRS recently issued Notice 2021-05, extending the Continuity Safe Harbor for “Offshore Projects” or “Federal Land Projects” to ten years.

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DHS Issues Final Rule Modifying H-1B Cap Lottery with Selection Based on Wage Level

January 11, 2021

On January 8, 2021, a new rule was published by the Department of Homeland Security which significantly impacts the H-1B visa lottery process.

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Trump Extends Bans on Foreign Workers

January 11, 2021

President Trump signed a proclamation extending earlier proclamations suspending the entry of certain immigrant and nonimmigrant visa applicants.

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State Dept. Extends Interview Waiver Eligibility Criteria

January 11, 2021

The Department of State temporarily enabled consular officers to waive in-person interview requirements for nonimmigrant visas in the same classification.

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Trump Extends Several Immigration Programs; State Dept. Issues Guidance

January 11, 2021

On December 27, 2020, President Trump signed the Consolidated Appropriations Act of 2021, which extends several expiring immigration programs.

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I-9 Flexibility Extended to January 31

January 11, 2021

U.S. Immigration and Customs Enforcement announced an additional 30-day extension to January 31, 2021, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to the COVID-19 pandemic.

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OFLC Updates Implementation of H-2A Adverse Effect Wage Rate Methodology

January 11, 2021

On December 23, 2020, the U.S. District Court for the Eastern District of California issued an order enjoining  DOL from implementing a final rule on AEWR methodology for the temporary employment of H-2A nonimmigrants in non-range occupations.

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