January 27, 2021
- New Unemployment Executive Order Gives Benefits to Workers Who Fear... by: Ashley Prickett Cuttino
- CPRA: Six Key Impacts on Businesses by: Katharine (Kate) Campbell
- New York Proposes Biometric Privacy Act With Private Right of Action by: James R. Hays and Jamie Moelis
- Consolidated Appropriations Act Underscores Mental Health Parity... by: Ruth Anne Collins Michels and Kristine M. Bingman
- CMS to the Rescue for MA and Part D Plans – Rate Announcement... by: Theresa E. Thompson
- Best Interest Standard of Care for Advisors #38 by: Fred Reish
- PPP Update: New Round with Some New Rules by: Michael F. Maglio and Endicott Peabody IV (Kit)
- Virginia Issues Permanent COVID-19 Standard by: W. Kyle Dillard and John F. Martin
- Fee Disclosure Rules Will Soon Apply to Group Health Plans by: Maureen M. Maly and Elizabeth Olson
- California COVID-19 Supplemental Paid Sick Leave in 2021 by: Cepideh Roufougar
- Made in America – President Biden’s Executive Order on Buying (Even... by: David S. Gallacher and Ariel Debin
- Big Win for Law Enforcement: Emotet Infrastructure Taken Down by: Linn F. Freedman
- Executive Order and Courts Clarify Supreme Court Bostock Decision... by: Amanda L. Shelby and Sean R. Somermeyer
- Surprise Billing in the Consolidated Appropriations Act, 2021:... by: Rachel Stauffer and Katie Waldo
- States Challenge DOL’s Tip Regulations Final Rule, DOL Withdraws... by: Jeffrey W. Brecher and Justin R. Barnes
- Resurrecting Federal “Backstop Siting” Authority for Interstate... by: Frederick R. Eames
- L Brands Executives Face Derivative Suit by: Joseph S. Hartunian
- New Rules Governing Remote Identification of Unmanned Aircraft by: Curtis M. Dombek
- Energy & Sustainability Washington Updates – February 2021 by: R. Neal Martin
- COVID-19 and Immunity from Liability by: Michelle M. Ovanesian and Laura Stafford
- COVID-19: Revenue Procedure 2021-12 Extension of Treatment of... by: Virginia Leggett Stevenson and Abigail F. Williams
- The United Kingdom’s New ‘Frontier Worker Permit’: Eligibility,... by: Ruhul K. Ayazi
- US Army Corps of Engineers Revises Nationwide Permit 12 by: Robert Holden and Alex Prochaska
- NCGS Chapter 160D is the New Law of the Land (Planning and... by: Aaron Frank, AICP and John C Cooke
- “Would You Rather…” – Escobar’s Demanding Materiality Standard or... by: Keeley A. McCarty
- Regulatory Approaches to the Tokenisation of Assets by: James G. Gatto
- Fifth Circuit Loss for Employee Who Refused Vaccine for Religious... by: Tiffany Cox Stacy and Kelly E. Preston
- China to Cancel All Patent Subsidies by: Aaron Wininger
- CBP Stops More Imports Under Forced Labor Rules (Cotton a Jam, Part... by: J. Scott Maberry
- USTR Suspends Tariffs on Certain French Luxury Goods: A Potential... by: Reid Whitten and Sarah F. Ben-Moussa
- Getting Closer to a Definitive Biomarker for Parkinson’s Disease by: Daniel Meckley
- Deadline for Filing Annual Pesticide Production Reports -- March 1,... by: Heather F. Collins
- Treasury Department Finalizes Regulations to Govern 45Q Tax Credits... by: Eric L. Christensen and Brook J. Detterman
- Court Rejects CCPA As Basis for Limiting Scope of Discovery in... by: Kristin L. Bryan
- Friend or Foe? The DOC Issues New Interim Rule on Transactions... by: J. Scott Maberry and Fatema K. Merchant
- OFCCP Shuts Down Executive Order 13950 Hotline and Other Related... by: Laura A. Mitchell
- Western District of Wisconsin Dismisses Claim Against CRA Reporting a... by: Arthur A. Ebbs
- 2020 Fraud and Abuse Year in Review by: Daniel Balk III and Stacy C. Gerber Ward
- Elements of Right-Sized Privacy Program: Customized by: Liisa M. Thomas
- EEOC Opinion Letter Addresses Inclusion of Non-U.S. Citizens Working... by: Susan Gross Sholinsky and Marc A. Mandelman
- COVID-19: US State Policy Report – January 26, 2021 by: Jeffrey L. Turner and Jacqueline Orfield
- The Supreme Court Confirms That Passive Retention of Property Does... by: Restructuring & Insolvency Practice at Squire Patton Boggs
- Video: EEOC’s Proposed Wellness Regulations and Incentivizing... by: Frank C. Morris, JR
- Sports and Only Sports: 1st Circuit Addresses Scope of the Wire Act by: Anthony R. Holtzman
- New EEOC Proposed Wellness Plans Regulations – Trouble for... by: Gregory J. Viviani and Stacey Grundman
- Trademark Modernization Act Revives Presumption of Irreparable Harm,... by: Brendan J O'Rourke and Jeffrey H Warshafsky
- COVID-19 Update: CFPB Announces Results of its Prioritized... by: Rachel Rodman and Scott A. Cammarn
- Weekly IRS Roundup January 18 – January 22, 2021 by: Brian Moore
- Biden Administration Proposes Raising Minimum Wage for Federal... by: Kyle D. Winnick
- Unexpected Surprise?: Appellant In Lindebaum Files Opening Brief–And... by: Eric J. Troutman
- FDA Places All Alcohol-Based Hand Sanitizers from Mexico on Import... by: Food and Drug Law at Keller and Heckman
- Court Holds That Allegations Related To A Trustee’s Filing Of Suit... by: David Fowler Johnson
- SEC Enforcement Victory in its Efforts to Police Cannabis Industry... by: James G. Lundy and David W. Porteous
- Executive Order on COVID-19—Vague Regarding MSHA by: William K. Doran and Margaret S. Lopez
- JUST OUT: Federal Court Grants Preliminary Approval of Litigation... by: Kristin L. Bryan
- DOL Begins Withdrawal of Trump-Era Opinion Letters by: Allan S Bloom
- I Can't Explain The "Good Will" But California's... by: Keith Paul Bishop
- You Can Run But You Can’t Hide: The Corporate Transparency Act by: Steven M. Herman
- Health, Environment, and Justice Organizations Seek Clarification... by: Lynn L. Bergeson and Carla N. Hutton
- Bankruptcy Court Discussed The Fiduciary Duties Owed To A Limited... by: David Fowler Johnson
January 26, 2021
- “State” of Telehealth Series: Arizona by: Matthew M. Shatzkes and Ehiguina L. Borha
- New Stark Law and AKS Final Rules at Risk of Delay or Replacement Due... by: Hannah L. Cross and Lester J. Perling
- Biden Names Peter Ohr NLRB Acting General Counsel by: Jonathan J. Spitz and Richard F. Vitarelli
- Recent Federal Cases in the N.D. Ohio Split on COVID-19 Business... by: Richard D. Porotsky Jr.
- APEC Endorses the First U.S. Non-Profit Accountability Agent by: Hunton Andrews Kurth’s Privacy and Cybersecurity
- Department of Justice Brings First-Ever Criminal Charges for Alleged... by: Michael E. Martinez and Lauren Norris Donahue
- EU-UK Trade and Cooperation Agreement Provides a Grace Period for... by: Simon J. McMenemy
- Online Retailers Beware: Texas Supreme Court to Consider Whether... by: Elizabeth C. Christen and Sophie H. Gotlieb
- Maine Governor’s Proposed Supplemental Budget – Federal (Non)... by: Jonathan Block and Olga J. Goldberg
- Second Circuit Reaffirms that Federal Securities Laws Do Not Apply to... by: Jonathan E Richman and Julia D. Alonzo
- Northern District of Florida Picks Side in Creasy Split by: Bradley J. Andreozzi and Anthony F Jankoski
- Elements of Right-Sized Privacy Program: Strategic by: Liisa M. Thomas
- DHS and States Sign SAFE Agreement That Could Obstruct Biden’s... by: Raymond G. Lahoud
- Connecticut Employment Legislation in 2021: What’s on the Agenda? by: John G. Stretton and William C. Ruggiero
- Rehiring Employees by March 31, 2021 Could Prevent Partial Plan... by: Karen E. Gelula and K. Elise Norcini
- President Biden Rescinds Muslim Travel Bans by: Danielle A. Porter
- COVID-19: COVID-19 Insurance Coverage Developments: The National... by: Carolyn M. Branthoover and Michael J. Lynch
- A Glimpse Into Biden’s Immigration Policies: The U.S. Citizenship Act... by: Jacob A. Kanyusik
- EPA Denies TSCA Section 21 Petition Seeking Section 4 Test Rule for... by: Lynn L. Bergeson and Carla N. Hutton
- The Facts About Rear-End Accidents by: Richard P. Console, Jr.
- Federal Circuit Denies Sipco’s Appeal of CBM Institution by: Sasha Vujcic and George E. Quillin
- COVID-19: US State Policy Report – January 23 – 25, 2021 by: Jeffrey L. Turner and Traci L. Martinez
- COVID-19: US State Policy Report – January 23 – 25, 2021 by: Jeffrey L. Turner and Traci L. Martinez
- Exxon Prevails in $200 Million Tax Penalty Case by: Kevin Spencer
- 7 Keys to Selecting the Best Corporate Intelligence Firm by: Dr. Nick Oberheiden
- 2020 IP Law Year in Review: European Issues by: Dr. Henrik Holzapfel and Christian Dölling
- Congress Must Fix The Anti-Money Laundering Whistleblower Law by: Stephen M. Kohn
- Biden Fires NLRB General Counsel Peter Robb by: Andrey T. Tomkiw
- New Law Requires Federal Registration and Ownership Disclosure for... by: Jeffrey K. Cassin and Peter D. Hutcheon
- German Act on The Further Development of Restructuring and Insolvency... by: Dr. Georg Bernsau and Volker Gattringer
- Biden Directs OSHA To Issue New Workplace Safety Guidance Regarding... by: Harris M Mufson and Alexandra (Lexie) Rueckle Reynolds
- Consolidated Appropriations Act of 2021 Amends Bankruptcy Code Part 1... by: Andrew B. Levin
- Amendments to UAE Companies Law – Update on Foreign Direct Ownership... by: Zaid Abu-Shattal
- Reopening, Take 2? by: McDermott Will & Emery
- Libor Replacement Update by: Stephen A. Boyko
- DHS’s China “Strategic Action Plan” and Bringing Together China... by: Sarah K. Rathke
- Global Solutions, Episode 23: Data Privacy Concerns Associated With... by: Justin T. Tarka and Stephen A. Riga
- Time to Rethink Strategy: The New Foreign Investment Rules in the UAE by: Jonathan H. Sutcliffe and Nazanin Aleyaseen
- Plaintiff to Voluntarily Dismiss False Advertisement Lawsuit Against... by: Food and Drug Law at Keller and Heckman
- FTC Brings First BOTS Act Case Against Online Ticket Brokers by: Phyllis H. Marcus
- US Executive Branch Update – January 26, 2021 by: Stacy A. Swanson
- Biden Administration Announces Travel Restrictions Due to COVID-19... by: Amy L. Peck
- EEOC Proposes New Rules on Wellness Programs by: Jacob Mattinson and Judith Wethall
- Louisiana Extends Deadlines for Property Tax Rolls and Payments in... by: Jesse (Jay) Adams
- Left Coast High: Two California Dispensaries Hit in Latest TCPA Class... by: Eric J. Troutman
- MSHA Annual Inflation Adjustment to Civil Penalties by: Margaret S. Lopez
- A- on EEOC Report Card For 2020 by: Denise K. Drake
- New York State Issues Additional Guidance on COVID-19 Quarantine... by: Evandro C Gigante and Alex S. Downie
- Mobile Ad Company Settles FTC Charges Over Misleading In-Game Rewards by: Sheila A. Millar and Tracy P. Marshall
- Recent Development in Expert Evidence: The English Court Provides... by: Peter R. Morton
- These Data Show That California Is Number 1 In Losing Corporate... by: Keith Paul Bishop
- Biden DOL Tosses Trump-Era “PRO Good Guidance Rule” by: Allan S Bloom
- Court Holds Data Breach Notice Disclosing Potential Cyberattack Did... by: Christina Lamoureux
- DC Circuit Vacates Trump's Ace Rule and Deals Biden's EPA... by: David J. Raphael and Sandra E. Safro
- U.K. high court extends reach of business interruption coverage for... by: Paul J. Covaleski
- OCR Relaxes Enforcement on Providers Using Scheduling Apps for COVID-... by: Jennifer L. Urban and Jennifer J. Hennessy
- FCC Announces Initial Connected Care Pilot Program Projects For... by: Matthew M. Shatzkes
- $4 Billion PFAS Settlement: Why Downstream Commerce Companies Should... by: John Gardella
January 25, 2021
- Biden was Inaugurated on January 20, 2021, His Name is Already... by: Aaron Wininger
- After Unprecedented Firings of General Counsel and Deputy General... by: Mark Theodore and Michael J Lebowich
- EPA Completes Final Risk Evaluation for PV29, Finding Unreasonable... by: Government Regulation
- The First 48 Hours – A New OSHA COVID-19 Standard on the Way? by: Daniel A. Kaplan
- Affordable Clean Energy Rule Vacated by: Jane E. Montgomery and Bina Joshi
- Massachusetts Appeals Court Weighs In On Public Policy Exception To... by: Mark W. Batten and Makenzie D. Way
- New Final Regulations Revise Rules on The Application of Section 163(... by: Enrica Ma and David G. Noren
- President Biden Repeals Executive Order 13950 Upon Taking Office by: Jessica C. Abrahams and Stacie L. Linguist
- President Biden Signs Executive Order Extending Workplace Protections... by: Laura Lawless
- Telecom Alert - Rosenworcel Named Acting Chairwoman; Pole Attachment... by: Jim Baller and Gregory E. Kunkle
- Registration Opens for EPA’s February 3, 2021, Webinar on Asbestos... by: Lynn L. Bergeson and Carla N. Hutton
- Act Now – Estate Tax Planning Under the Biden Administration by: Jacqueline L. Messler
- SEC Adopts New Marketing Rule for Investment Advisers by: Joshua B. Deringer and Jessica D. Parsons
- The Impact of the Consolidated Appropriations Act on Flexible... by: Alden J. Bianchi
- Biden Administration Revocation of Executive Order 13950 Eliminates... by: Scott A. Schipma
- “Hero Pay” Ordinance Passed in City of Long Beach and Likely Coming... by: Benjamin A. Tulis
- The Past Looks Like the Present: The California Supreme Court... by: Eugene C. Ryu and Gregory T. Lewis
- "Stimulus Bill Provides Expanded Opportunity for Employers to... by: Alex H. Glaser and Curtis R. Hearn
- Terminating a 401(k) Plan? The DOL Blesses Use of the PGBC Missing... by: Katrina E. McCann
- President Biden Issues Executive Orders Impacting Labor &... by: Johnine P. Barnes and Whitney Bly Edwards, Ph.D.
- Tribal Property Insurance Found to Cover COVID-19 Business... by: Matthew B. O'Hanlon
- President Biden Issues Executive Order on Workplace Safety During the... by: Robert J. O’Hara
- Developing a Right-Sized Privacy Program by: Liisa M. Thomas
- “Wink Wink”: Unwritten TCPA Policies Don’t Cut It—Court Certifies $... by: Eric J. Troutman
- DOL Releases Guidance on Addressing the Missing Participant Problem by: Mary Grace Richardson and Joshua E. Stephens
- McDermottPlus Check-Up: January 22, 2021 by: Mara McDermott and Kristen O’Brien
- Price Gouging Weekly Round Up - January 25, 2021 by: Christopher E Ondeck and John R Ingrassia
- Some Clinical Trial Calls Now Eligible for the FCC’s Revised TCPA... by: Laura H. Phillips and Qiusi Y. Newcom
- The 2021 Consolidated Appropriations Act Extends Pandemic... by: Jillian de Chavez-Lau and Jenna D. Russell
- What Do We Do With the Stimulus Check for a Parent on Medicaid? by: Shana Siegel
- Wave of Class Action Lawsuits Alleging Deceptive Labeling of ‘Vanilla... by: Food and Drug Law at Keller and Heckman
- Gov. Cuomo Proposes Legalization of Cannabis for Adult-Use in New... by: Lynelle K. Bosworth and Katharine J. Neer
- Podcast: The Biden Administration’s First 100 Days – Diagnosing... by: Edward M. Kennedy, Jr. and Philo D. Hall
- D.C. Signs Broad Ban on Noncompetes and Anti-Moonlighting Policies by: David J. Woolf and Erik Mosvick
- Looking Ahead at the US Economy and Transatlantic Relations Under... by: International Trade Practice at Squire Patton Boggs
- Common Ways to Resolve Disputes and Deadlocks in a 50/50 Business by: Hugo A. Gallegos
- U.S. Department of Labor Issues New Opinion Letter Clarifying... by: Kyle D. Winnick
- Continued Remote Working Guidance for Employees by: Lynn A. Gandhi
- Weekly Bankruptcy Alert: For the week ending January 24, 2021 by: Business Practice Group Pierce Atwood
- Fifth Circuit Vacates $4.3M HIPAA Penalty and Potentially Opens the... by: Dianne J. Bourque and Michelle L. Caton
- Climate Two–Step: D.C. Circuit Vacates Affordable Clean Energy Rule... by: Peter A. Tomasi and Amanda K. Beggs
- How Washington’s Power Shift Could Impact Health Care by: Sylvia Kornegay and Timothy Perrin
- New FAA Drone Rules Clear the Path for Use in Development and... by: Virginia K. Trunkes
- DENIED! Court REJECTS Motion to Certify Class in Data Breach Alleging... by: Kristin L. Bryan
- The City of Oakland Extends its Emergency Paid Sick Leave Ordinance by: Erika Barbara Pickles
- TCPA Regulatory Update — Busy End of 2020, Early 2021 as FCC... by: Russell H. Fox and Elana R. Safner
- Bill Proposes Term Limit On States Of Emergency by: Keith Paul Bishop
- NLRB Approves Workplace Social Media Policy Limiting Employees’... by: Jason C. Gavejian and Maya Atrakchi
- TCPA Litigation Update — The Newest TCPA Circuit Split – And It... by: Joshua Briones and Nicole V. Ozeran
- CMS Revises 2021 Remote Patient Monitoring Rules, Issues Correction by: Nathaniel M. Lacktman
- Update: DACA, DED and TPS by: Forrest G. Read IV
Emerging Legal News
THE BUSINESS OF LAW
Federal Law News
Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...
According to a recent decision in United...
The California Consumer Privacy Act (the “CCPA”) went into effect on January 1, 2020. CPW has covered some of the privacy litigations involving the CCPA (and ...
On January 19, 2021, the United States District Court for the Western District of Wisconsin granted a motion to dismiss filed by a consumer reporting agency in Ewert v. FD Holdings, LLC d/b/a Factual Data, 2021 WL...
The U.S. Court of Appeals for the 1st Circuit recently issued an important decision regarding the scope of the Wire Act.1 Aligning itself with the 5th Circuit, the 1st Circuit concluded that, in all of its...
Data privacy litigation comes in all shapes and sizes. One federal privacy statute that CPW readers may not have heard of is the Driver’s Privacy Protection Act (“DPPA”). A class action settlement which just received a...
Two federal cases in the Northern District of Ohio recently reached very different conclusions on whether the state’s COVID-19 shutdowns of restaurants permit valid claims for business interruption insurance coverage. Reviewing essentially the...
The Texas Supreme Court is set to determine whether Amazon can be considered a “seller,” and thus held liable, for a defective product sold through its website, in the case of McMillan v. Amazon.com, Inc., No. 20-20108, 2020 WL...
The U.S. Court of Appeals for the Second Circuit reaffirmed yesterday that the federal securities laws do not apply to “predominantly foreign” securities transactions even if those transactions might have taken place in the...
In the aftermath of Barr v. American Association of Political Consultants, Inc.—the Supreme Court decision from July that held the TCPA’s government-debt exception to be an unconstitutional content-based restriction on...
In a precedential decision, the Federal Circuit held that the threshold determination that appellant SIPCO LLC’s patent qualifies...
State Law News
The California Privacy Rights Act (CPRA) amends the California Consumer Privacy Act (CCPA). While most of the provisions in the CPRA do not go into effect until Jan 1, 2023, the changes do cover personal information collected as of Jan. 1, 2022....
On January 6, 2021, a bipartisan group of New York State lawmakers introduced Assembly Bill 27, the latest version of proposed privacy legislation...
In 2020, employers with employees in California were inundated with new compliance requirements brought on by the COVID-19 pandemic. It seemed that another local government or the state passed a COVID-19 supplemental paid sick leave requirement...
On January 19, 2021, eight states (Delaware, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, and Pennsylvania), along with the District of Columbia, filed a lawsuit seeking to enjoin the Tip Regulations Final...
As we move into 2021, shareholders of public corporations continue to seek to hold corporate executives accountable for workplace discrimination and misconduct, a trend that began in connection with the Me Too movement and does...
Land use regulation in North Carolina will be modernized for the first time in decades when the new Chapter 160D of the North Carolina General Statutes effectuates on July 1st. The new Chapter 160D consolidates the...
In Marshall v. Marshall, a son, who was a trust beneficiary, sued his mother and brother alleging breaches of fiduciary duty and sought a declaratory judgment that they violated an in terrorem clause of the will. No....
According to the Stanford Encyclopedia of Philosophy, Immanuel Kant believed that "good will" is the only unqualified good thing. The Encyclopedia explains that "In Kant’s terms, a good will is a will whose decisions are...
In In re Silver State Holdings, in a bankruptcy proceeding a trustee of a limited liability company sued its former manager for breach of fiduciary duty and another entity for conspiracy to breach fiduciary duty...
INTERNATIONAL LAW NEWS
A“frontier worker” is a resident of the European Union, Switzerland, Norway, Iceland, or Liechtenstein, who is employed or self-employed in the United Kingdom.
From 1 July 2021, the UK government will...
On January 27, 2021, the China National Intellectual Property Administration (CNIPA) announced in the “Notice of the CNIPA on Further Strictly Regulating Patent Application Behavior” (...
Threatened 25% tariffs on French luxury goods are suspended.
USTR is still looking at tariffs in retaliation for taxes on U...
On January 19, 2021, the U.S. Department of Commerce (“DOC”) issued an ...
On January 26, FDA placed all alcohol-based hand sanitizers from Mexico on a countrywide import alert in an...
On January 20, 2021, Health Care Without Harm (HCWH) Europe and 12 other health, environment, and justice organizations ...
On January 26, 2021, BBB National Programs announced that it has been endorsed...
After the political and constitutional upheaval of the last four years that has been Brexit, a trade deal—the EU-UK Trade and Cooperation Agreement—was finally reached between the United Kingdom (UK) and the European Union (EU...