Is it authorized to require vaccinations to journey? Sure, say consultants

Vaccine mandates reached the U.S. travel world last winter, picked up speed in the spring, and hit a fever in the summer.

Vaccinations are now necessary to eat in cafes in France, watch a Broadway show in New York City and soon to fly commercially in Canada.

Although mandates expected for cruises and international travel, the pace and scope of activities they now cover – from booking group tours for overnight stays in hotels – surprised industry experts.

“It was interesting to see vaccine mandates accelerate rapidly,” said Harry Nelson, founder of Nelson Hardiman’s law firm.

He said that while the US Food and Drug Administration’s full approval of the Pfizer BioNTech vaccine last month sparked some mandates, it was also “fueled by the increasingly supportive public opinion of the vaccinated majority.”

Are vaccination requirements legal?

Yes, said Lawrence O. Gostin, Professor in Georgetown Law and Faculty Director of the O’Neill Institute for National and Global Health Law.

“Companies have full authority to demand adequate safety standards for customers,” he told CNBC. “Just as many companies have requested masking, they could also require proof of vaccination.”

This applies regardless of whether mandates come from private companies or government attractions such as the Grand Canyon or tours of the White House, he said.

We believed it was the right thing to do, and sometimes it is hard to do the right thing.

Kelly Sanders

Senior Vice President of Operations, Highgate Hawaii

“For some high-risk companies like cruise lines and hotels, it is very much in their economic interest that their customers feel safe and secure – they have every right to do so,” said Gostin. “Similarly, President Biden, who oversees federal property, could require proof of vaccination for entry into … national parks and federal buildings.”

Nelson agrees, adding that there is a long history of courts upholding vaccine mandates, although most of them were related to school requirements.

“I expect most of the vaccine mandates will pass,” he said.

Vaccine exemptions

The next big debate could be the diluting effect vaccine exemptions can have on vaccine mandates.

Gostin said public and private corporations “likely need to allow both medical and religious exemptions,” but they can be “narrow and difficult to come by”.

United Airlines seems to be taking this approach. Employees granted religious exemptions to the airline’s recently announced vaccination mandate will be granted temporarily unpaid leave until next month.

Unvaccinated tourists traveling to New York City can walk the streets near Broadway, but without exception they cannot attend shows.

Spencer Platt | Getty Images News | Getty Images

The government has a “simple case” of rejecting religious exemptions for infectious disease vaccines, wrote Douglas Laycock, a professor at the University of Virginia School of Law. in an article published last week on the Australian news site The Conversation.

“Even if religious objections are sincere, the government has a compelling interest in overriding them and insisting that everyone be vaccinated,” he wrote. “And that overrides any claim under state or federal constitutions or religious freedom laws.”

Regarding how far challenges with vaccine mandates can go, Laycock wrote, “If governments that mandate vaccines fail to defend their rules or the Supreme Court changes the law, the answer is likely, ‘Not far’.”

Nelson said he believed a majority in the US Supreme Court would welcome the opportunity to articulate broader personal religious freedoms if given the opportunity.

What’s next?

Expect more companies to post vaccine mandates, Nelson said, especially after vaccines were approved by the FDA for children ages 5 to 12, and possibly even younger.

Hotels have been slow to enter the vaccination mandate battle, but that is beginning to change. Elite Island Resorts, which operates nine resorts in the Caribbean, and Highgate Hawaii, which operates seven hotels in Hawaii, have both announced mandatory vaccination policies.

“We believed it was the right thing to do, and sometimes it’s hard to do the right thing,” said Kelly Sanders, senior vice president of operations for Highgate Hawaii. “I assume that more (hotels) will follow at some point.”

Starting October 15, guests 12 and older must be vaccinated to stay at the ‘Alohilani Resort Waikiki Beach in Highgate Hawaii.

Courtesy of ‘Alohilani Resort Waikiki Beach

Flights could be the next if airlines follow the example of Qantas’ CEO Alan Joyce, who pointed out earlier this month that Passengers need to be vaccinated on its international flights.

US officials are discussing whether to make vaccinations mandatory at home and abroad, as of last week. reported The Washington Post. Dr. Anthony Fauci, the White House’s senior medical advisor, said this month he would likely support a vaccination mandate for air travel.

Georgetown’s Gostin said he could expect President Biden to issue a vaccine mandate for interstate or international travel, similar to what his administration announced earlier this week for foreigners entering the United States

“But the airlines could also set this requirement themselves,” he said.

So far, no major US airline has announced such a policy.

Vaccination records

So-called “vaccination passports” could also be in sight, said Nelson, as the interest in reliable proof of vaccination status is increasing.

“I think we will see them across the hotel and entertainment industry,” he said.

Starting September 13th, guests at the New York Equinox Hotel must be vaccinated.

Jeenah moon | Bloomberg | Getty Images

The White House ruled out plans to issue a federal vaccine passport last April, but Nelson said he believes that given the “trend of” red “states’ hostility to the concept, they are more likely to show up in” blue “states.”

“I have a feeling that the government expects that the more ambivalent and reluctant the vaccination, the stronger the public pressure,” he said. “New measures, coupled with fears of hospitalization and unvaccinated mortality rates, are likely to lead to even more support for further restrictions.”

Man Posing As An OBN Agent Allegedly Extorts Cash From Authorized Develop Enterprise In Stephens County

A man posing as a state narcotics agent is now behind bars.

With intimidation, investigators said Matthew Brumley cheated on one pregnant foreigner among thousands at a legal grower in Stephens County.

The electricity company that Brumley was an apprentice to was hired to do some work on the farm.

Unbeknownst to his employer, investigators said Brumley threatened to shut it down.

Days later, according to investigators, Brumley doubled up again after reviewing the required electrical work at this newly established cultivation site and confronted the only English-speaking employee.

“He tells them he was the one who came out today, earlier today, and that he was an apprentice lineman and part-time OBN agent,” said Stephens County Sheriff Wayne McKinney.

The former oil man, self-proclaimed cowboy, and aspiring electrician claimed to be an agent at OBN and flashed up, according to the report.

“He supposedly carried a gun, a gun and looked like an OBN agent. He had a couple of business cards, ”McKinney said.

Records show Brumley told the woman “she was illegal in the state of Oklahoma.” He told the victim that if she paid him $ 4,500 he could “make the operation legal and keep the state off the property.”

“The victim told him I don’t have $ 4,500, I have $ 2,500 if that works. He said I can do it and I’ll take the money, ”McKinney said.

When the victim returned, she found Brumley with two other men waiting and “afraid for their lives”.

He has now been arrested.

“It’s in her front yard, she’s pregnant, he’s armed with a gun and says he can get her to comply so she can make a living,” McKinney said.

The victim did not want to speak on camera but said on News 9 Brumley pretended he had done this before.

According to the sheriff, Brumley is under investigation for posing as an OBN agent after being confronted by a corporate official in another district.

EU prepares authorized motion towards AstraZeneca over vaccine supply shortages

President of the EU Commission Ursula von der Leyen

Thierry Monasse | Getty Images News | Getty Images

LONDON – The European Union is preparing legal action AstraZeneca about delivery bottlenecks of his Coronavirus Vaccine, according to four people familiar with the matter.

The EU and the pharmaceutical company were at odds on different occasions this year. Anglo-Swedish company AstraZeneca said it couldn’t deliver as many vaccines as the block expects in both the first and second quarters. This has delayed the rollout of Covid-19 vaccines in the 27 EU countries.

The European Commission, the EU’s executive branch, told the 27 European ambassadors at a meeting on Wednesday that they were considering legal action against AstraZeneca over these delivery issues, four EU officials who said they refused to be named due to the sensitivity of the issue CNBC Thursday. Politico first reported on the Commission’s plan late Wednesday.

“The commission wants to act quickly. It’s a matter of days,” one of the officials told CNBC over the phone, adding that the ambassadors had given “great support” to the legal process.

The same official stated that “few legal issues” were considered before the trial proceeded.

A second official said the Commission is taking this step to ensure that upcoming deliveries are as expected.

When a European Commission spokesman was contacted by CNBC on Thursday, he said: “It is critical that we ensure the delivery of a sufficient number of cans in line with the company’s previous commitments.”

“Together with the member states, we are examining all possibilities to achieve this,” said the same spokesman, without confirming or denying that legal action has been considered.

In March, the President of the European Commission, Ursula von der Leyen, expressed her disappointment with AstraZeneca during a press conference and said: “Unfortunately, AstraZeneca has produced too little and delivered too little. And of course this has painfully slowed the vaccination campaign. “

At the time, von der Leyen said the block was expecting 70 million cans from the company in the second quarter, compared to an originally expected 180 million.

Pascal Soriot, CEO of AstraZeneca, told EU lawmakers in February that low yields in EU production facilities were causing the delays.

A medical worker holds a vial containing the AstraZeneca COVID-19 vaccine at a vaccination center in Ronquieres, Belgium, on April 6, 2021.

Yves Herman | Reuters

How To Use Promotional Advertising The Authorized Manner – Media, Telecoms, IT, Leisure

United States:

Using advertising marketing in a legal way

April 20, 2021

Klein Moynihan Turco LLP

To print this article, all you need to do is be registered or log in to Mondaq.com.

Using promotional contests, gaming, and sweepstakes marketing can be a dynamic and inexpensive way to increase sales, build a database of interested consumers, and otherwise increase brand awareness and interest. Consumers are more likely to be drawn to your marketing message by the opportunity to win prizes than by more mundane advertising. However, there are specific state and federal laws that apply to such games and they can be costly legal liability if these laws are not strictly followed.

In order to navigate the legal maze associated with promotions, it is important to first identify the type of game itself. In general, there are two broad categories of promotional games: “Skill” games and “Chance” games.

Games of skill versus games of chance

Skill games tend to be easier to use because they have fewer legal obstacles. However, some skill games may violate anti-gambling laws, depending on the structure of the prizes awarded and the level and degree of involvement of the company running the game. Some states require that owners of games of skill first register with the appropriate government agencies.

GamblingOn the other hand, they are considered illegal lotteries in every state unless one of the following three elements that make up a lottery is removed: (1) a prize awarded to the winner; (2) Chance in determining the winner; and (3) consideration for entry into the game. Because removing the prize function undermines the promotional aspect of the game and randomness is difficult to completely eliminate (many states find that even a small trace of chance in determining the winner meets the element of “chance”), consideration is the element most most often removed.

How to Remove Considerations from a Promotion

Considerations can be eliminated by offering a free, alternative entry options this does not require purchase or other costly measures. However, to qualify as an exclusion of consideration, the free alternative entries must have the same chance of winning as entries from consumers who have made purchases or otherwise paid to enter the contest.

Keep track of promotional prices

The type and amount of prizes to be awarded as well as the process of awarding these prizes can also pose challenges. It is advisable that an unaffiliated third party conduct the appropriate drawing or winner selection to ensure fair play appearance. In addition, when offering prizes in kind, many states require that a cash equivalent be offered as an alternative. Finally, the contest owner must keep a list of winners – with some states requiring that list be submitted to the appropriate state agency.

For prices above certain cash (or cash equivalents) thresholds, three states – Florida, New York, and Rhode Island – apply Contest Registration and Binding Requirements. If the total value of the prizes in a given competition exceeds $ 5,000, Florida and New York must register and tie the game. In Rhode Island, the price threshold for registration is $ 500, but there is no obligation. To avoid having to comply with these requirements, you can exclude residents of any or all of these states from participating in the relevant competition. In addition, you should always prohibit employees of your company and relatives of these employees from participating.

Review your doctorate with a marketing attorney

It is important that you determine all important aspects of the contest or promotion (duration, prize amounts, number of prizes, etc.) in advance as it is legally nearly impossible to start a promotion and publish the rules change material terms. Even so, with proper planning and expert legal guidance, promotions and sweepstakes can be valuable marketing tools – almost always with more than one winner!

Originally published November 18, 2012

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The content of this article is intended to provide general guidance on the subject. A professional should be obtained about your particular circumstances.

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Is smoke used to make “Smokehouse” almonds?

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QuantumScape CEO mulls authorized response to scathing brief vendor report

QuantumScape could take legal action after being attacked in a scathing report by activist short seller Scorpion Capital.

“We are definitely going to take a look,” said Jagdeep Singh, managing director of QuantumScape, when CNBC’s Jim Cramer asked if the company would consider filing a lawsuit against the company.

“Some of the points there are simple, just absurd. Absurd to the point where there are … things that we want to take legal action on.”

Singh appeared on “Bad money“Friday, the day after Scorpion released the short report. In the 188-page report, Scorpion accused QuantumScape, released in November through a blank check association, of acting as a “pump and dump SPAC”. It even compared the company to Theranos, the disgraced healthcare technology startup.

QuantumScape shares fell more than 12% after the information was released. The stock fell again on Friday, contributing to a 28% decline in less than two weeks.

“We don’t want to be too distracted either, but you know we feel pretty good where we are,” said Singh.

The battery company said it stood by the data it presented to investors and will continue to build a battery for its customers such as: Volkswagenwho recently invested an additional $ 100 million in the company.

QuantumScape argued that Scorpion was motivated to release the report because it could benefit financially from the subsequent price decline. Investors who want to make a profit on a sharp drop in prices are known as short sellers.

“We have always been fairly transparent about what we have and what work still needs to be done,” said Singh. “That’s one of the things we are honestly proud of. We believe we have been the most transparent of all solid-state battery companies.”

Fox Company Assertion on Authorized Dispute with Flutter Leisure Regarding FOX’s Proper to Purchase an 18.6% Fairness Curiosity in FanDuel

NEW YORK–() – Fox Corporation (Nasdaq: FOXA, FOX) today released the following response to media reports regarding its litigation with Flutter Entertainment plc (“Flutter”):

Fox Corporation has filed a lawsuit against Flutter to enforce its rights to acquire an 18.6% stake in FanDuel Group – an American sports betting brand – at the same price that Flutter paid for that stake in December 2020. The lawsuit was previously filed as arbitration by JAMS in New York, NY with the consent of the parties.

About Fox Corporation

Fox Corporation produces and distributes compelling news, sports and entertainment content through its well-known brands including FOX News Media, FOX Sports, FOX Entertainment and FOX Television Stations. These brands have cultural significance for consumers and commercial significance for retailers and advertisers. The breadth and depth of our presence enables us to deliver content that engages and informs audiences, build deeper customer relationships, and create more compelling product offerings. FOX can look back on an impressive track record in the news, sports and entertainment industries, which shapes our strategy of leveraging existing strengths and investing in new initiatives. For more information about Fox Corporation, visit www.FoxCorporation.com.

Cautionary Note Regarding Forward-Looking Statements

This press release contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “may”, “will”, “should”, “likely”, “anticipate”, “expect”. “Intentions,” “plans,” “projects,” “beliefs,” “estimates,” “prospects” and similar expressions are used to identify these forward-looking statements. These statements are based on management’s current expectations and beliefs and are subject to uncertainties and changes in circumstances. Actual results may differ materially from those expressed in the statements in this press release due to changes in economic, business, competitive, technological, strategic and / or regulatory factors and other factors that affect the Company’s business, including the effects of COVID-19 and other widespread health emergencies or pandemics and measures taken to contain their spread. More detailed information about these factors can be found in the company’s filings or on file with the Securities and Exchange Commission (the “SEC”), including the company’s annual report on Form 10-K for the year ended June 30, 2020 .

Statements in this press release speak only as of the date of its publication, and the company undertakes no obligation to update or revise any forward-looking statements in this press release or to report any events or circumstances after that press release or to reflect the occurrence of unexpected events or to address such statements Adjust actual results or changes in company expectations, unless required by law.

Nikola is paying $8.1 million in authorized charges for ousted chairman Milton

Trevor Milton, CEO and Founder of US Nikola, speaks during a presentation of his new all-electric and hydrogen fuel cell battery truck in collaboration with CNH Industrial at an event on December 2, 2019 in Turin, Italy.

Massimo Pinca | Reuters

Start of the competitive electric vehicle Nikola pays $ 8.1 million in legal fees for ousted founder and chairman Trevor Milton, who left the company in September over a short seller fraud case that led to federal investigations.

This helped increase the company’s legal expenses to $ 27.5 million last year. The majority of that, $ 24.7 million, was spent answering regulatory investigations and other legal disputes related to the US state Claims by Hindenburg ResearchNikola said in his annual filing with the Securities and Exchange Commission on Thursday.

According to the company, around $ 1.5 million in Milton’s legal fees were paid in 2020. The start-up lost $ 384.3 million last year, including $ 147.1 million in the fourth quarter, it said on Thursday. Adjusted pre-tax loss for 2020 was $ 200.5 million.

As part of the result, Nikola also lowered delivery expectations for its first product, called Tre Semitruck, from 600 this year to 50-100 due to supplier issues. The company’s shares fell at $ 19.72 each during after-hours trading after Thursday’s close Share, down 6.8% for the day.

“The pandemic has caused significant supply chain disruption,” Nikola CEO Mark Russell said during a call for earnings, specifically referring to a shortage of battery cells to power his vehicles.

A Nikola spokeswoman declined to comment on whether the company will attempt to recoup Milton’s legal fees. In his filing, Nikola said the fees were part of his compensation agreement with the company. Additional legal costs are expected this year related to the Hindenburg report, which led to investigations by the SEC and the Justice Department.

“We incurred significant costs due to the regulatory and legal issues surrounding the Hindenburg article,” Nikola said in the filing. “The total cost of these matters will depend on many factors, including the duration of these matters and the determination made.”

Hindenburg accused Milton from make false statements about Nikolas technology to grow the company and cooperate with auto companies. The report, entitled “Nikola: How to Partner an Ocean of Lies with America’s Largest Automaker,” was released two days later The company announced a contract with General Motors that made both companies’ stocks soar in September. It characterized Nikola as “an intricate fraud based on dozens of lies” by Milton.

Nikola has denied and denied many of the allegations, but the company confirmed one of Hindenburg’s biggest claims – that it staged a video showing a truck that appeared to be functional but not working.

An internal investigation by Kirkland & Ellis LLP into statements made by Milton and the Company during this period has “substantially been completed”. The Chicago-based law firm has not reached a conclusion whether statements that may have been inaccurate when filed are against any law, the company said.

Provident Leisure Proclaims Megan Joyce As VP Enterprise & Authorized Affairs

Provident Entertainment has announced the hiring of Megan Joyce as Vice President, Business and Legal Affairs for their team. Joyce is the Senior Vice President of Business and Legal for Roc Nation in New York, NY. She has over 20 years of entertainment industry experience with Provident Entertainment. She held senior positions at Warner Music Nashville and Atlantic Records and began her music career in sales and marketing at EMI Music Distribution.

“We are incredibly honored to have Megan join our team,” said Terry Hemmings, CEO and President of Provident Entertainment. “Your experience and expertise will be a wonderful addition to our talented list of great artists and songwriters who make up the Provident Entertainment family.” ”

“I’m thrilled to be part of the Provident Entertainment family and to have the opportunity to work with an incredibly diverse and inspiring roster of artists, songwriters and filmmakers,” said Megan Joyce. “I am grateful to Terry for the opportunity to become a member, such a talented and passionate team. “

My son inherited cash after his father was killed in an accident. A girl got here ahead with one other authorized inheritor. What now?

Dear Moneyist,

My ex-boyfriend was killed in an accident. Since he was unmarried and my child was his only surviving child, he was awarded a large sum of money in the ensuing lawsuit. Since he was 10 years old at the time, I set up a pension that should be paid out between the ages of 18 and 35. For this reason, he will also receive a high level of interest.

Two years after the settlement (four years after the accident) my lawyer received a letter stating that there was another child whose mother wanted them to be included in the settlement. We never knew about this other child because the relationship between them ended badly and the mother told my ex that he was not the father and never allowed him to see the child. She named the child after another man.

She knew of the death, but did not come to the funeral or send the child. As it turned out, she knew about the lawsuit in advance and was told to wait for it to finish and get on. She went on to prove paternity by taking a test with her grandfather. After she has exhausted all efforts and sued me personally, she has no more legal options. She has now asked if the two can have a relationship.

The money is: Why do I have to wear a mask if I have had COVID-19? Who does it protect? Can I really get infected again?

My child is still a minor and their child is now 20. I think it would not be appropriate given the bad blood between us and the two kids who never met (they never spoke on the phone or saw each other in person) . She also asked if we could give the other child “something” from the settlement.

I also suspect the timing because my child will turn 18 this year and receive money from his pension. But the pension is set up so that my child doesn’t get a lot of money early, and if it’s broken giving them a piece it costs almost $ 500,000 in interest. I know he can probably start another, but I doubt the interest will be the same.

My son said that he doesn’t want a relationship and doesn’t want to give the other son anything from the settlement. He feels like he has other siblings (my other children) whom he could help before he is “a stranger” in his words. I feel like both young men are suffering. I do not know what to do. I want my child’s future to be secure, but I also think the other child should get something.

I feel like this mother should have secured the future of her child just as I did mine. Do I have a moral obligation to encourage my son to be in a relationship with him or to give him money?

A mother who doesn’t always know best

Would you like to read more?Follow Quentin Fottrell on Twitterand read more of his columns Here.

Dear mother,

No. It is your duty to protect your son. This woman had a duty to please her son and her son’s father. She lied about his paternity when your ex-partner was alive and she waited for the lawsuit to be resolved before coming forward to sue you for some of the money she believed was going to be Belongs right to her son. There were two big mistakes on her part. The statute of limitations on the case has expired and it has created enough turmoil for you and your son.

Your last resort is to try emotional blackmail. Her son has made it clear that he wants to keep the settlement and does not want to have a relationship with her son. He also rightly suspects that their motives are not pure. In developing a relationship with you and your family, this woman seeks to get involved in your life – this time not with a lawsuit, but with a guilt trip and a smile. You are not responsible for your son. You have endured enough.

The money is:I took care of my late mother for 8 years. Do I have to tell my sisters that she made me the co-owner of a major bank account?

It’s time to get on with your life. I’m sorry that your son got caught in the crossfire and didn’t have the opportunity to meet his father while he was still alive. Perhaps in time your son would like to get to know his half-brother. But at this point with the influence of the woman who did not act honorably throughout the process. Tell this woman the truth. It’s over Wish her all the best; Stop replying to their emails, letters, calls, or text messages. and continue.

The money is: I pay my gardener $ 100 a month. Should I pay him less if he misses a week here and there because of rain?

Hello, MarketWatchers. Check out the money is private Facebook
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Group in which we look for answers to life’s toughest money problems. The readers write to me with all kinds of dilemmas.

Quentin Fottrell is MarketWatch’s Moneyist columnist. You can email The Moneyist at qfottrell@marketwatch.com with any financial or ethical questions. By emailing your questions, you consent to them being published anonymously on MarketWatch.