February 24, 2021

Volume XI, Number 55

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February 24, 2021

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February 23, 2021

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February 22, 2021

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FEATURED ARTICLES

Price Spike
In the wake of the deep freeze that recently swept the nation, natural gas have taken the forefront among a slew of price gouging allegations. Last... Read More >
IL Biometric Privacy Litigation Headed to US Supreme Court SCOTUS
In its latest filing in Thornley v. Clearview AI, No. 20-3249, defendant Clearview AI petitioned the Seventh Circuit to stay the issuance of its... Read More >
Vaccination Volunteers
The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees at least minimum wage for all hours worked up to 40 hours in a... Read More >
Hearing deposition through multiple masks
As the legal profession continues to adjust to the COVID-19 pandemic, even something as normal and regular as a deposition has often become an... Read More >
Cannabis Licensing in NJ
Home to nearly 9 million people, New Jersey is now the epicenter of the green rush hitting the East Coast. Investors, businesspeople, professionals,... Read More >
PPP Loans: PPP on Blocks
Today, the White House announced several reforms to the PPP Program aimed at targeting funds to the smallest businesses and those that have been left... Read More >
First Organic Seltzer?
Anheuser-Busch introduced its Michelob Ultra Organic Seltzer last month, advertising the beverage as the “First-of-its-kind organic option... Read More >
Republicans Spelled out in Blocks with Flag
On February 12, 2021, the Republican members of the Senate Committee on Banking, Housing, and Urban Affairs wrote a letter to the Acting... Read More >
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HSS Adds Government Contractors to Eligibility List Under PREP Act
The Secretary of the U.S. Department of Health and Human Services recently added government... Read More >
OFCCP Contractor Assistance Portal
In an e-mail sent out to registered stakeholders OFCCP announced in an effort to “improve... Read More >
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IRS News Roundup
Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant... Read More >
Treasury Secretary Janet Yellen on Bitcoin
In some of her first remarks on the subject of digital assets since Senate confirmation, Treasury... Read More >
ADA compliance for websites may come to legislation soon
Title III of the Americans with Disabilities Act of 1990 (“Title III”) prohibits discrimination on... Read More >
Tax on Wood Blocks with Calculator in Background
Generally, as calendar year taxpayers prepare to file their 2020 income tax returns during this... Read More >
Doctor with money in pocket
In 1982, the ambulatory surgery center (“ASC”) model began to proliferate when Medicare approved... Read More >
cybersecurity on keyboard
In February 2021, the National Institute of Standards and Technology ("NIST"), which is a... Read More >
FTC building
On January 21, 2021, President Biden designated Federal Trade Commission (the “FTC”) Commissioner... Read More >
false claims can be deadly to consumers
On February 22, 2021, the United States Supreme Court declined to review two False Claims Act (FCA... Read More >
Biden Enforcement Priorities
With President Biden’s nomination of D.C. Circuit Judge Merrick Garland for U.S. attorney general... Read More >
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Emerging Legal News

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Federal Law News

TCPA Case Third Circuit

Usually, it is the plaintiff that argues he or she was injured, not the defendant. But, in an effort to stay in state court, some TCPA plaintiffs have taken the counterintuitive position that they did not suffer an injury in fact under Article...

EPA DC Circuit Decision

On 22 February 2021, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) brought clarity to the current and future status of the U.S. Environmental Protection Agency’s (EPA) 2015 Clean Power Plan (CPP) when it issued an...

Automobile warranty for new cars

A recent decision of the Florida Supreme Court is a good reminder that automakers and dealers may have different arguments depending on whether consumer Magnuson-Moss Warranty Act (MMWA) claims are filed in state or federal...

military active duty are eligible for special sick and other paid leave, as they should be

Employers—particularly those in Illinois, Indiana and Wisconsin—should revisit their military leave policies in light of the Seventh Circuit’s holding in ...

unwanted text

So I was reading the decision in Gulden v. Liberty Home Guard Llc, No. CV-20-02465-PHX-JZB, 2021 U.S. Dist. LEXIS 33833 (D. Az.  Feb. 23, 2021) this morning and I just couldn’t get over how bad the Defendant’s argument...

credit report in folder

The Fair Credit Reporting Act (“FCRA”) is a frequently litigated data privacy statute.  In a recent litigation involving claims under the FCRA, the Court denied the defendant’s motion to dismiss.  The opinion is a reminder of...

SCOTUS Gavel

As our readers know, we have long been closely watching False Claims Act (FCA) cases across the country alleging the submission of false claims based on the lack of medical necessity, particularly as a possible circuit split...

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State Law News

Wisconsin Coronavirus Liability Protection

On February 23, 2021, the Wisconsin State Legislature passed a bill with veto-proof majorities in both chambers that would shield employers from civil liability for “any act or failure to act resulting in or relating to a person’s exposure to the...

New Jersey Cannabis Laws

New Jersey Governor Phil Murphy signed into law three marijuana reform bills on February 22, 2021. The first, New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (A21), legalizes and regulates cannabis use...

Puerto Rico flag button

The Puerto Rico Women’s Advocate Office has published Guidelines for the Establishment of Nursing Rooms with the purpose of ensuring uniformity and setting forth all aspects employers should consider when establishing a nursing...

INTERNATIONAL LAW NEWS

EU flag and countries

In mid-January 2021, the European Data Protection Board (EDPB) announced by press release that it has adopted jointly with the European Data Protection Supervisor (EDPS) written Opinions on the...

Chinese flag

Securities

Three Departments Issue New Provisions on QFIIs and RQFIIs to Relax Access Conditions and Expand Investment Scope

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Pound Symbol on the Union Jack

After three years of uncertainty over the Serious Fraud Office’s (“SFO”) powers to obtain documents  located overseas, the UK Supreme Court has clarified the extraterritorial effect of the legislation...

UK Supreme Court Uber v Aslam Decision

This morning, 19 February 2021, the UK Supreme Court handed down judgment on the case of Uber v Aslam [2021] UKSC 5.

In a unanimous, landmark decision, the Supreme Court agreed that Uber drivers were “workers”, not self-employed...