Legal Updates Archive

On October 7, 2023, California Governor Gavin Newsom signed into law the Voluntary Carbon Market Disclosures Act establishing reporting and disclosure requirements for voluntary carbon offset market participants that do business in California and other business entities that make certain climate-related claims about themselves or their products in California.

On August 24, 2023, a District of Minnesota Court issued an opinion granting a portion of a motion to dismiss arising from a challenge to Minnesota’s vehicle emissions standards for greenhouse gases by staying the case pending resolution of a similar challenge before the D.C. Circuit.

In a case primarily turning on county ordinance interpretation, the Minnesota Court of Appeals affirmed Grant County’s grant of a conditional use permit to neighboring Stevens County. 

On July 21, 2023, the U.S. EPA published a final rule titled “Removal of Title V Emergency Affirmative Defense Provisions from State Operating Permit Programs and Federal Operating Permit Program” 88 Fed. Reg. 47029 (2023). The rule removes the “emergency” affirmative defense provisions from the federal Title V operating permit program regulations. 

On November 21, 2023, the EPA released draft guidance for applying the U.S. Supreme Court’s 2020 ruling in County of Maui v. Hawaii Wildlife Fund.

Trademark holders should be wary of official-looking communications urging them to take immediate steps to register their trademark or to renew their registration.

Beginning on January 1, 2024, the federal Corporate Transparency Act (CTA) will require “reporting companies” to report information about the organization, its “beneficial owners,” and, if formed after January 1, 2024, its “company applicants.”

If you do business in Washington, collect or process consumer health information, and such information is not HIPAA-regulated PHI, the Washington My Health My Data Act may apply to you. In particular, retail businesses, as well as health and fitness apps, wearables, or Internet of Things (IoT) developers, should pay attention to this law.

On November 9, 2023, the Department of Justice announced a landmark agreement with Apple Inc. to resolve allegations that the company illegally discriminated in hiring and recruitment against U.S. citizens and certain non-U.S. citizens whose permission to live in and work in the United States does not expire.

The Department of Homeland Security, in consultation with the Department of State, announced the lists of countries whose nationals are eligible to participate in the H‑2A and H‑2B visa programs in the next year. Each country’s designation is valid until November 8, 2024. Bolivia has been added to the list of countries eligible to participate in both programs.

Effective November 17, 2023, in consultation with the Department of Labor, the Department of Homeland Security is increasing the total number of noncitizens who may receive an H‑2B nonimmigrant visa by up to 64,716 for fiscal year 2024. 20,000 visas are reserved for nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador and Costa Rica. The visas will be available "only to businesses that are suffering or will suffer impending irreparable harm, as attested by the employer." DHS is also providing temporary portability flexibility, explained in more detail in the temporary rule.

Following on the heels of the Department of Justice's $25 million settlement agreement with Apple Inc., DOJ has settled immigration-related discrimination cases with a New York City health care system and a staffing agency with offices nationwide.

On November 21, 2023, U.S. Citizenship and Immigration Services announced that it is expanding myProgress (formerly known as personalized processing times) to Form I‑821, Application for Temporary Protected Status, and Form I‑485, Application to Register Permanent Residence or Adjust Status. myProgress will initially only be available for family-based or Afghan special immigrant I‑485 applicants.

The new federal Corporate Transparency Act requires the reporting of the ownership and organizers of many entities formed on or after January 1, 2024, and of the ownership of many active entities formed prior to January 1, 2024. The law imposes significant penalties for failure to comply.

Minnesota’s legislature passed a slew of laws in the 2022-23 session. One that continues to generate a fair amount of buzz among employers is the ban of virtually all noncompete agreements entered into on or after July 1, 2023, except for those relating to the sale or dissolution of a business. Although the new law is not retroactive, it limits the tools an employer can use moving forward to protect its business interests.

Bankers who have been in the game for some time will remember a scam that had great popularity in past decades: the fake Canadian cashier’s check. The most common targets were businesses that routinely shepherd funds to various parties involved in a transaction—title companies, law firms, money managers and the like. It was fraud, plain and simple, and money laundering to boot.

U.S. Citizenship and Immigration Service and the Department of Labor have released the joint temporary rule implementing the process for employers who have a certified ETA 9142B with an employment start within fiscal year 2024 to apply for the 64,716 additional H-2B visa numbers.

While landlords must handle the situation of a death of an owner of a manufactured home (home) within a manufactured home community on a case-by-case basis, below is certain general information as it relates to this topic.

A notice informing employees of their rights under the new Minnesota Sick and Safe Time Act must be provided to each employee, in the employee’s primary language, by January 1, 2024, or at the start of the employment if it is after January 1, 2024.

U.S. Citizenship and Immigration Services announced on October 13, 2023, that it has received enough petitions to reach the cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2024. October 11, 2023, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2024.

U.S. Citizenship and Immigration Services provided additional guidance on its interpretation of changes to the EB-5 program made by the EB-5 Reform and Integrity Act of 2022, specifically the required investment timeframe and how USCIS treats investors who are associated with a terminated regional center.

The Department of Homeland Security is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Cameroon, regardless of country of birth (or individuals having no nationality who last habitually resided in Cameroon), and who are experiencing severe economic hardship as a direct result of the current armed conflict and humanitarian crisis in Cameroon.

U.S. Citizenship and Immigration Services has launched a new Enterprise Change of Address self-service tool to allow those with pending applications, petitions or requests to update their addresses with USCIS online.

On October 19, 2023, the Department of Homeland Security announced the start of visa-free travel for short-term visits to the United States for eligible Israeli citizens and nationals following Israel’s admission into the Visa Waiver Program.

On October 20, 2023, U.S. Citizenship and Immigration Services issued policy guidance to clarify that a sole proprietorship may not file an L-1 petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.

On October 18, 2023, the Department of Homeland Security announced a new family reunification parole process for certain nationals of Ecuador that also allows for work authorization. The new process is for certain nationals of Ecuador whose family members are U.S. citizens or lawful permanent residents and who have received approval to join their family in the United States.

U.S. Citizenship and Immigration Services announced that certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring work authorization and/or employment authorization documents while their renewal applications are pending.

U.S. Citizenship and Immigration Services announced that beginning November 1, 2023, all H-2A, H-2B, Commonwealth of the Northern Mariana Islands-related Form I-129 petitions, Form I-129CW petitions, and CNMI-related Form I-539 applications must be filed directly with the Texas Service Center.

The Citizenship and Immigration Services Ombudsman reminded employers to use the revised Form I-9, Employment Eligibility Verification, with the edition date August 1, 2023, starting November 1, 2023.

Michigan is expected to enact legislation adopting state-level jurisdiction over large-scale renewable energy projects.

Starting January 1, 2024, the Corporate Transparency Act will require many newly formed and existing businesses to report certain information, including ownership information, to the federal government. Please review our guide to find out whether your business is subject to the Act, what it will need to report and when.

A Montana state court issued a ruling in favor of 16 youth plaintiffs, declaring that the state of Montana violated the youth’s constitutional rights to a clean and healthful environment.

The Eighth Circuit Court of Appeals recently affirmed a South Dakota District Court’s grant of summary judgment that dismissed a farmer’s claims against the United States Department of Agricultural and Natural Resources Conservation Service.

Environmental Protection Agency announced a framework for evaluating new PFAS and new uses of existing PFAS. Minnesota Pollution Control Agency released a draft PFAS Remediation Guidance for public review and comment.

No public company is immune from becoming an activist target. The good news is that in today’s environment, being approached does not signal that the company is on the brink of disaster. The bad news is that anticipating an activist threat is more challenging than ever.

Public companies that conduct share buybacks are currently facing the prospect of disclosing extensive details about those programs on a quarterly basis, pursuant to rules adopted by the SEC in May 2023.

On October 18, 2023, St. Paul City Council adopted sweeping new zoning rules that would allow developers to build “missing middle” housing across most St. Paul neighborhoods. As a result, the Zoning Code now permits two-to-six-unit multi-family buildings almost anywhere in the city, with some restrictions. 

The Internal Revenue Service has announced the 2024 cost-of-living adjustments (COLAs) for benefit plans.

As a lawyer representing creative clients, I am excited, interested and anxious about the ways in which Generative AI will shape our work and lives. Because Generative AI tools are so powerful, my own personal view is that businesses should strongly consider engaging and experimenting with Generative AI, while simultaneously taking steps to understand and manage risk.

Shortly before the deadline on September 30, 2023, Congress passed and President Biden signed H.R. 5860, a short-term funding bill to keep the federal government funded for 45 days. A shutdown is still possible after November 17.

On September 18, 2023, the U.S. Department of Homeland Security announced a proposed rule to strengthen protections for temporary workers under the H‑A temporary agricultural and H‑B temporary nonagricultural worker programs. The proposed rule is intended to improve the H‑2 programs by providing more flexibility and protections for the workers, as well as improving efficiency.

On September 18, 2023, the U.S. Citizenship and Immigration Services Ombudsman’s Office released a tip sheet for F-1 international students on how to avoid delays with adjudications on Form I-765, Applications for Employment Authorization.

Immigration Customs Enforcement and the Student and Exchange Visitor Program recently updated Form I-983 to remove the requirement for wet signatures.

On September 19, 2023, the Office of Management and Budget received a proposed rule from the Department of Homeland Security to amend regulations governing H‑1B specialty occupation workers and F‑1 students who are beneficiaries of timely filed H‑1B cap-subject petitions.

On September 20, 2023, the Department of Homeland Security announced the extension and redesignation of Venezuela for Temporary Protected Status for 18 months. The extension and redesignation are based upon a review of country conditions and findings that Venezuela continues to experience increased instability and safety concerns.

On September 21, 2023, the Department of Homeland Security announced the extension and redesignation of Afghanistan for Temporary Protected Status for 18 months, from November 21, 2023, to May 20, 2025. The extension and redesignation are based upon a review of country conditions and ongoing armed conflict in Afghanistan.

U.S. Citizenship and Immigration Services announced on September 27, 2023, that it is increasing the maximum validity period to five years for initial and renewal Employment Authorization Documents for certain noncitizens who are employment-authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.

U.S. Citizenship and Immigration Services announced on September 25, 2023, that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status. Beginning October 1, 2023, applicants do not need to pay the $85 biometric services fee.

Effective September 29, 2023, Israel has been designated eligible for participation in the Visa Waiver Program. 

U.S. Citizenship and Immigration Services reminded employers about the November 1, 2023, deadline for using the updated Form I-9, Employment Eligibility Verification with the 08/01/2023 edition date.