On April 23 the Supreme Court announced its decision in County of Maui v. Hawaii Wildlife Fund (No. 18-260), which addressed the fundamental issue of what is a discharge to navigable waters requiring a permit under the Clean Water Act. The case arose in the context of the County’s discharges of wastewater to wells
April 2020
COVID 19 – US and EU Competition Law Implications (30 April 2020)
The Covington US and EU Competition/Antitrust teams will be updating you regularly, through the Covington Competition blog, on the competition/antitrust law implications – both procedural and substantive – of the COVID-19 crisis in the US and the EU. This is our update for Thursday 30 April 2020. Today’s new updates as compared to the…
EPA and CDC Urge Employers to Establish Disinfection Plans as Part of COVID-19 Reopening
EPA and the CDC on April 29 provided updated guidance on steps employers and businesses should take to disinfect their premises, as part of the “Guidelines for Opening Up America Again.” This provides important guidance for businesses to protect employees and members of the public, and to minimize potential liability arising out of coronavirus exposure…
IRS FAQs on Retention Credit Highlight Aggregation Concerns and Narrow Potential Eligibility
Late Wednesday, the IRS released extensive new guidance in the form of frequently asked questions (“FAQs”) on the IRS website addressing various aspects of the employee retention credit. Covington continues to analyze the guidance, but employers who have made use of the employee retention credit—which took effect over a month ago with respect to wages…
IRS Released New FAQs on Employee Retention Credit
On April 29, 2020, the IRS released new FAQs providing significant guidance on the employee retention credit. We are still analyzing the guidance, but in general, we are concerned that the IRS’s approach to interpreting its application may make it difficult for some employers in difficult financial conditions to claim the credit. Moreover, given that…
State Lobbyist and Campaign Finance Filing Changes Related to COVID-19
As states grapple with the effects of the COVID-19 crisis, many have opted to make changes to campaign finance and lobbying reporting due dates and filing procedures. Covington has published a client alert containing a chart of changes to state campaign finance and lobbying filing schedules that states have announced as of last week.
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Campaign Finance Violation for Unregistered Political Committee Upheld in Washington State, but $18 Million Penalty Must Still Pass Excessive Fine Test
In one of the most watched campaign finance disclosure enforcement cases, last week, the Washington State Supreme Court upheld a trial court’s finding that a trade association intentionally failed to register and report contributions and expenditures in opposition to a ballot initiative that would have required labeling of genetically modified organisms (GMOs) in food. In…
German Government Adopts FDI Emergency Measures with Focus on Healthcare Sector
On 28 April 2020, the German government published a ministerial draft for an amendment of the Foreign Trade and Payments Ordinance (“Draft Ordinance”). The amendment supplements the existing Foreign Direct Investment (“FDI”) regime in order to tighten it with respect to acquisitions of critical companies in the healthcare sector by purchasers from third countries. The…
China Promulgates Revised Drug Registration Regulation
By John Balzano, Julia Post & Muyun Hu
On March 30, 2020, the State Administration of Market Regulation of China, the parent agency of the National Medical Products Administration (NMPA), released a revised Drug Registration Regulation (Revised DRR).
European Commission Goes “Live” on FDI Coordination Six Months Early, Proposing Cooperation on an Informal and Voluntary Basis
The European Commission has added to its call to Member States to act on foreign direct investment (“FDI”) by announcing that it is ready to support EU-level cooperation on FDI now. Spurred on by the COVID-19 crisis and the perceived vulnerability of key EU assets, the informal cooperation announced by the Commission will bring into…