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Weekly Roundup: September 8-14, 2023

Harvard Corporate Governance

M&F Worldwide , Katz v. Oak Industries , Managerialism , Proceduralism , Revlon , Simons v.

Banking 188
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Why the Major Questions Doctrine Does Not Cover SEC Crypto Lawsuits

Reynolds Holding

EPA , the Supreme Court expanded the reach of the major questions doctrine (MQD) by reframing it as a substantive canon and clear-statement rule rooted in both the Constitution’s separation of powers and “a practical understanding of legislative intent.” the Supreme Court obliged. In West Virginia v. Howey Co. ,

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Sales tax vs. use tax: the differences

ThomsonReuters

It is their responsibility to collect the sales tax from the customer at the time of the sale and then remit that tax to the appropriate government agency. The seller must keep accurate records of their sales and the taxes collected, and file regular reports with the government agency that collects the tax.

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Employer Vaccine Mandates, Worker Refusals, and Unemployment Benefits

ThomsonReuters

Supreme Court settled the issue of the COVID-19 vaccine mandate for certain employers under the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on January 13, 2022, by blocking its implementation. The Georgia Department of Labor did not respond to our request. Legislation ( L.

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Sullivan & Cromwell Discusses State Requirements of “Fair Access” to Financial Services

Reynolds Holding

At least eight other states—Arizona, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, South Dakota—are also considering fair access bills, some of which would apply to payment processors, payment networks, and credit card companies and networks in addition to banks and insurers. Supreme Court, Cantero v. 601 et seq.

Banking 45
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John C. Coffee, Jr. – Mass Torts and Corporate Strategies: What Will the Courts Allow?

Reynolds Holding

Supreme Court will hear Harrington v. Threatened by the multi-billion dollar liabilities that can quickly arise in a mass tort case, major corporations have also been exploring another use of bankruptcy courts to reduce mass tort liabilities. As a result, big cases may be coming to bankruptcy court.

Equity 64
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Davis Polk Discusses Rulings on Fed’s Denial of Master Accounts to Custodia and PayServices

Reynolds Holding

Two federal district courts recently upheld decisions by the Federal Reserve Bank of Kansas City (FRBKC) and the Federal Reserve Bank of San Francisco (FRBSF) to deny master account applications from Custodia Bank (Custodia) and PayServices Bank (PayServices). The magistrate also held that the FRBSF is not an agency of the U.S.

Banking 45