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Uniform Laws Committee

Details: Uniform Laws The Uniform Laws Committee is responsible for monitoring, reviewing and promoting uniform laws affecting real estate; keeping the Section apprised of all uniform law developments; and developing, for the Council, the Section’s commentary on uniform laws related to real estate.

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New Year, New Laws

Details: With the start of the New Year, a wide assortment of new state and federal laws are now being enforced. Gun control, marijuana and privacy rights are among the legal arenas affected by new federal and state laws. On the national level, as part of the federal funding bill, it is now illegal to sell

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Narrowing Neglect Laws Means Ending State-Mandated

Details: Model Laws That Make Use of These Approaches. Let Grow now endorses three different models—drawn from Utah, Illinois, and Colorado—for proposed legislative reforms of state neglect laws. These models can be tailored to the specifics of each state in which a legislative reform effort is under way.

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Conflict of Laws

Details: Conflict of Laws. This Article analyzes the choice of law for fraudulent transfers in the context of the purposes of fraudulent transfer law. The author concludes that, because fraudulent transfer laws are enacted to protect creditors from the disposition of a debtor's assets when the debtor is insolvent or undercapitalized, the law of the

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Human Trafficking Legislation

Details: The Prevention of and Remedies for Human Trafficking (2013), drafted by the National Conference of Commissions on Uniform State Laws, provides a comprehensive model law against human trafficking to help ensure effective action by the fifty states, District of Columbia, Puerto Rico, and the U.S. Virgin Islands. The model law was approved by the

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Introduction to Wills

Details: The laws pertaining to the taxability of insurance proceeds are complex, so it is important that all matters pertaining to life insurance be carefully reviewed with your attorney and insurance advisor. For example, your insurance coverage should be reviewed at least every two or three years to assure that the policy is performing as intended

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Commercial Lending Law, Second Edition: A Jurisdiction …

Details: Updated and expanded in a two-volume set, Commercial Lending Law, Second Edition is a valuable resource for lawyers negotiating or reviewing commercial lending laws outside their own jurisdiction. With contributions from experts across the country, this practical guide outlines all aspects of commercial lending laws in all 50 states, plus U.S

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The Proposed Debt Collection Rule & State Collection Laws

Details: The Proposed Debt Collection Rule & State Collection Laws. In May 2019, the Consumer Financial Protection Bureau (“CFPB”) published a proposed debt collection rule (Regulation F) under the federal Fair Debt Collection Practices Act (“FDCPA”) to provide much-needed guidance on how a statute enacted in 1977 applies to modern debt

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Liability Immunity Laws for Businesses May Impact

Details: Liability Immunity Laws for Businesses May Impact Insurance Industry. by Thomas F. Morante, Yani R. Contreras. Insurance litigation with respect to COVID-19 claims inevitably will be impacted by state and possible federal legislative initiatives currently being proposed. Businesses and insurers should particularly monitor legislative efforts at

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Two centuries of law guide legal approach to modern pandemic

Details: Marshall wrote that quarantine laws “form a portion of that immense mass of legislation which embraces everything within the territory of a state not surrendered to the general government.” In 1902, the Supreme Court directly addressed a state’s power to quarantine an entire geographical area.

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Gatekeeper Regulations on Attorneys

Details: Gatekeeper, Bank Secrecy, regulations on lawyers. Status. Congress currently is considering several gatekeeper bills, including the "Corporate Transparency Act" (H.R. 2513, sponsored by Representative Carolyn Maloney (D-NY), and S. 1978, sponsored by Senator Ron Wyden, (D-OR)); the “ILLICIT CASH Act” (S. 2563, sponsored by Senator Mark Warner (D-VA)); and the “TITLE Act” (S. 1889

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Do State Anti-SLAPP Laws Apply in Federal Court

Details: Anti-SLAPP Laws and Texas: An Overview. Anti-SLAPP (strategic lawsuits against public participation) laws aim to preclude lawsuits seeking to chill First Amendment rights. Anti-SLAPP laws are in place in over 30 states and the District of Columbia. However, there are no anti-SLAPP laws at …

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Are Your State’s Construction Laws Ready for Bitcoin and

Details: The Problem with Construction-Related Payment Laws. Let’s look at a few construction payment related statutes that will undoubtedly cause construction attorneys some difficulty in litigating and uncertainty in evaluating their clients position. For the sake of simplicity this article looks at Texas laws, but rest assured there are similar

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Conflicting Laws, Evolving Ethics

Details: As states adopt laws legalizing the use of cannabis products for medical or personal recreational use, judges are faced with conflicting laws. The various articles in this issue highlight the conflicts created when a longstanding illegal substance becomes legal for either a limited purpose or a limited venue, or with undefined regulatory standards.

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HR Professionals Beware: Antitrust Violations in the

Details: Violations of the antitrust laws can result in serious consequences for employers and any individual directly or indirectly involved in an illegal agreement. Such consequences include: Criminal prosecution under felony charges for both the corporation and culpable individuals (i.e., internal management, HR personnel, or third parties).

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Expert Q&A on #MeToo-Inspired Employment Laws

Details: This Q&A with Robin Samuel and Meredith Kaufman of Baker & McKenzie LLP discusses the state and local laws regarding sexual harassment enacted in response to the #MeToo movement. (19 minutes to read ∙ 4300 words)

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Lawyers Beware: How Data Privacy Protections Differ from

Details: Respecting consumer data privacy is both business-wise and governed by law. But navigating current privacy laws is like wandering through a labyrinth, especially as the landscape changes while states rush to adopt consumer protections in the absence of federal guidance.

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State Legislation Precluding Compelled Arbitration in

Details: In response to the #MeToo movement, many states have enacted laws targeting arbitration provisions in employment agreements related to sexual harassment. However, these laws conflict with the Federal Arbitration Act; Congress will need to act to address the conflict.

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Doxing and Online Harassment: Considerations, Precautions

Details: For example, New York harassment laws prohibit a wide array of activities intended to harass, annoy, threaten, or alarm people. In New York, if the acts are meant to seriously annoy the victim but do not place the victim in fear of actual harm, a doxer may be charged with harassment in the second degree. 40 N.Y. Consol. Laws Ann. § 240.26.

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Privacy and Social Media

Details: State breach notice laws affecting social media privacy have some relatively consistent elements and some experimental elements. These laws address the way that a social media company must behave after a breach of security relating to a site-user’s personal information. Over 45 U.S. jurisdictions have some sort of data breach notice law.

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Five Things Child Clients Need to Know about Sex Offender

Details: August 27, 2020 Practice Points Five Things Child Clients Need to Know about Sex Offender Registration Laws Attorneys for children must ensure their clients are fully informed of the consequences and requirements of registering as a sex offender.

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How to Ensure Confidentiality Agreements Comply with the

Details: Ultimately, counsel should be aware of new laws such as the WTA and consider their impact on choice of law and overall litigation strategy. Maria Kreiter is a shareholder with Godfrey & Kahn in Milwaukee, Wisconsin.

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Immigration and Blackness: What’s Race Got to Do With It

Details: Immigration laws have operated in a manner to maintain homogeneity to the exclusion of immigrants of color. Immigration laws throughout America’s history have traditionally utilized fear and exclusion to define what America should look like and have privileged some immigrant’s over others.

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Safety and Regulatory Considerations of Advanced Driver

Details: The SELF DRIVE Act, a bill proposed in 2017 which has not yet been enacted into law, would preempt states from making any laws related to partially and fully automated vehicles, as well as provide uniform standards to manufacturers.

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Blockchain in State Law: 10 Key Developments in 2019

Details: Similarly, Utah chose a broad, less technical definition for blockchain in its 2019 legislation: “an electronic method of storing data that is: (a) maintained by consensus of multiple unaffiliated parties; (b) distributed across multiple locations; and (c) mathematically verified.” 2019 Utah Laws S.B. 213 (West No. 353).

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Confederate-monument removals slowed by knot of legal issues

Details: Relevant laws protecting Civil War monuments also include the Visual Rights Artists Act, which offers artists grounds to fight against the modification or removal of their works. While VRAA only offers protection over the lifetime of the artist, various state-level artist protection laws, such as those that exist in California, Massachusetts

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Recent Trends in Noncompete Laws Across the U.S.

Details: There are additional laws at the federal and state level on the horizon. Democratic senators and House representatives proposed the Workplace Mobility Act and a companion bill to ban the use of noncompete agreements. Several states have also proposed noncompete laws to protect low-wage workers or to otherwise allow for employee mobility. Conclusion

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The Applicability of State Consumer Protection Laws to

Details: These laws thus present another tool for insureds seeking to gain coverage. Authors . Peter A. Halprin Peter A. Halprin is a shareholder in the New York office of Anderson Kill P.C. and deputy cochair of the firm’s Cyber Insurance Recovery Group. He is a fellow in the Chartered Institute of Arbitrators and a member of the AAA Panel of Neutrals.

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International Forensic Investigations—Local Laws and

Details: Local Laws and Regulations While this series will comment at a high level on common issues, extensive research should be performed for the country (or countries) at issue in order to determine the relevant laws and regulations that apply.

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The Developing Landscape of Data Protection Laws and

Details: The legal and regulatory landscape of data privacy and protection enforcement is developing quickly. Recent enforcement actions, adoption of state-based laws, and proposed legislation demonstrate more change is imminent. To avoid a patchwork of laws and regulations, there is a growing need for an overarching regulatory scheme.

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A Constitutional Challenge to Modern Stand Your Ground Laws

Details: Stand Your Ground laws could be challenged on substantive due process grounds under the Constitution. By Marvin Lim – June 6, 2017. Since the shooting of Trayvon Martin by George Zimmerman in 2012, Stand Your Ground laws have garnered national attention. However, despite the evidently problematic nature of these laws—including, but not

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Recent Trends in Noncompete Laws Across the United States

Details: Each state has its own, unique laws regarding restrictive covenants. Some states, like California, will generally not enforce a noncompete agreement.Other states, like Illinois, will enforce a restrictive covenant if the employer provided adequate consideration to the employee for the covenant and the covenant is necessary to protect a company’s legitimate business interests.

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Navigating Privacy Laws as the Landscape Shifts

Details: Under some of these new laws, the definition of personal information follows the broader meaning found in the European Union's General Data Protection Regulation (GDPR), namely: "information that identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular

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