February 24, 2021

- Podcast Series: Last Month at the Federal Circuit - February 2021 by: J. Michael Jakes
- Authorized Government Contractors Now Covered Persons Under the PREP... by: Keeley A. McCarty
- TCPA Plaintiff Argues he wasn’t Injured in Attempt to Dodge Federal... by: Marsha J. Indych and Renée M. Dudek
- SBA Prioritizes Smallest of Small Businesses in the Paycheck... by: Yuval Tal and Jeffrey A. Horwitz
- D.C. Circuit Grants EPA's Request to Keep Clean Power Plan on Ice by: David J. Raphael and Tad J. Macfarlan
- Consumer Product Companies Beware! CPSC Expected to Ramp up... by: Erik K. Swanholt
- OFCCP to Close Contractor Assistance Portal by: Laura A. Mitchell
- How a New Era in Antitrust Enforcement May Impact Government... by: John D. Carroll
- Wisconsin Legislature Passes Bill Shielding Employers from Liability... by: Alexander R. P. Dunn
- How New Jersey’s Recreational Marijuana Law Significantly Affects... by: Kathryn J. Russo
- Omnichannel Marketing by: Kevin Oswald and Ashish A. Pradhan
- Weekly IRS Roundup February 15 – February 19, 2021 by: McDermott Will & Emery
- New Balance Fails to Invalidate Chinese New Balance Trademark at... by: Aaron Wininger
- Delaware Court of Chancery Holds that a Contractual Delaware Choice... by: Bridget Russell and Andrea N. Feathers
- Connecticut Retracts Immunity for Hospitals and Nursing Homes for... by: Emily L. Fernandez
- Puerto Rico Issues Guidance for Nursing Rooms in Workplace by: Maralyssa Álvarez-Sánchez and Karla Carrillo-Russe
- Florida Supreme Court Splits from Eleventh Circuit on Consumer... by: Lauren M. Loew
- Seventh Circuit Holds That Federal Military Leave Statute Might... by: Scott T. Allen
- The COVID-19 Jobs Protection Act: Liability Immunity for Health Care... by: Anders W. Lindberg and R. Mitch Moore
- NJDEP Further Extends Site Remediation Timeframes – UPDATE by: David J. Miller and Linda M. Lee
- Treasury Secretary Skeptical of Bitcoin by: Scott H. Kimpel
- Silver Lining: COVID-19 Engagements Allow More Time for Premarital... by: Jaime A. Quick
- Looking Ahead to Potential Developments in Online Accessibility Law by: Jason P. Brown and Robert T. Quackenboss
- Labor Force Participation Rates in Manufacturing During COVID-19... by: Thomas Lucas and Shaun M. Bennett
- Recoup Your Investment and More – Your Equitable Intervening Rights... by: Elliott T. LaParne
- OFAC Resolution with BitPay Highlights Importance of Sanctions... by: Cyril T. Brennan and Kyle R. Freeny
- Yes, Text Messages Are “Calls” Under the TCPA. But Here’s Why You... by: Eric J. Troutman
- Time Is Running Out to Use the 65 Day Rule by: Maurice D. Holloway
- FCRA Litigation Survives Motion to Dismiss, Serving as Reminder of... by: Hannah J. Makinde and Kristin L. Bryan
- Payors Pick up Pace in Curbing Preventable Spending on Surgical Care by: Kara M. Friedman
- Update on European Data Protection Law by: Dr. Karolin Hiller
- Supreme Court Declines to Weigh in on Requiring Objective Falsity in... by: Samantha P. Kingsbury
- BREAKING NEWS Clearview AI Plans to Take its BIPA Challenge Over... by: Christina Lamoureux
- Content Marketing Strategy for Law Firms: Part 2 Good2bSocial Digital... by: Jennifer Schaller
- China Newsletter | Winter 2020-21/Issue No. 48 by: George Qi and Dawn (Dan) Zhang
- Nationwide Deep Freeze Leads to Spike in Natural Gas Prices by: Christopher E Ondeck and John R Ingrassia
- A “Significant Age Difference” Will Suffice to Advance an Age... by: Benjamin E. Widener
- Ninth Circuit Court Grounds Preemption Argument in Ongoing Wage... by: William J. Goines and Yoon-Woo Nam
- New Year, New Technology Priorities by: Peter N. McClelland, CIPP/US
- Clearview and Blackbaud – Where are we, how did we get here, and... by: Aaron C. Garavaglia
- Biden EPA Makes First Moves to Address PFAS in Drinking Water by: Bonnie Allyn Barnett and Brandon W. Kirkham
- Mississippi House Passes Massive Sales Tax Increase on Business Inputs by: John F. Fletcher
- Coming Into Focus: Federal Circuit Reverses PTAB, Finds Independent... by: Connor M. McGregor
- The Future of the FTC: Part I by: Ryan P. Blaney and Brooke G. Gottlieb
- SCOTUS Declines to Review False Claims Act Cases on Falsity and... by: Brian F. McEvoy and Kevin M. Coffey
- Court Agrees to Dismiss Lawsuit Over Hostess’ Carrot-less Carrot Cake... by: Food and Drug Law at Keller and Heckman
- Predicting the Enforcement Priorities of the Biden DOJ by: Thomas J. Kelly and Daniel E. Pulliam
- The “No Surprises” Act: Congress Enacts Legislation to End Surprise... by: David A. King
- NLRB: Initial Burden of Union Animus Met Largely by Timing of... by: Mark Theodore and Joshua S. Fox
- If Director's Fiduciary Obligations Are Not Contractual, What... by: Keith Paul Bishop
- Clearview AI Plans to Take its BIPA Challenge Over Standing to the... by: Christina Lamoureux
- Florida Water System Hack Highlights Challenges for Public Utility... by: Philip J. Bezanson and Vincent E. Morgan
- Congress Misses Opportunity to Bolster Flagging Cartel Enforcement... by: Michael W. Scarborough
- COVID-19: US State Policy Report – February 23, 2021 by: Jeffrey L. Turner and Jacqueline Orfield
- The UK Serious Fraud Office’s Extraterritorial Powers Are Clarified by: Jodi L. Avergun and Mark Beardsworth
- Vaccine Volunteers: Is “Thank You” Sufficient Compensation? by: John B. Brown and Jamie E. Brod
- Value-Based Care in 2021: 5 Emerging Trends in Value-Based Care by: Jeanna Palmer Gunville and Lori A. Oliver
- Off to the Races: Over 50 Privacy Bills Introduced in the State of... by: Lydia de la Torre and Ann J. LaFrance
- California Senate Returns Its Focus to Housing in 2021-2022... by: Jack H. Rubens and Alison G. Martinez
February 23, 2021

- "Uber drivers are workers" says UK Supreme Court by: Jonathan Maude and Esther Langdon
- Preparing for an Estate Planning Consultation: 10 Items to Consider... by: Rebecca K. Wrock
- Off Payroll Working - New HMRC Guidance for April 2021 by: Jonathan Maude and Esther Langdon
- California Proposed Group Insurance Regulations by: Theresa M. Fitzgerald and Dan Brown
- The Great Texas Freeze: Insurance Policies May Leave Landlords Out in... by: Jeff Bates
- OSHA Issues Proposed Rule to Update Its Hazard Communication Standard by: Jaslyn W. Johnson
- Illinois Legislature Seeks to Limit Use of Restrictive Covenants by: Steven J Pearlman and Edward C. Young
- Shanghai Fines Chinese Patent Firm for Filing ‘Irregular’ Patent... by: Aaron Wininger
- Supreme Court Declines to Resolve Circuit Split on FCA “Objective... by: Lawrence M. Kraus and Michael J. Tuteur
- Biden’s Executive Orders and Their Impact on Thousands of... by: Raymond G. Lahoud
- Virginia Consumer Data Protection Act: A Growing Wave of... by: Amy C. Pimentel and Wendy Zhang
- Recreational Marijuana Is Legal in New Jersey: What Employers Need to... by: Mark Diana and Michael J. Riccobono
- COVID-19: US State Policy Report – February 19, 2021 by: Jeffrey L. Turner and Jacqueline Orfield
- List of Proper Deposition Objections by: Practice Panther Blog
- Conflicting Prosecution Statements Can Render Claims Indefinite by: Kenneth S. Guerra
- Banks’ Top Concern is BEC (Business Email Compromise aka... by: Peter Vogel
- SPAC Securities Class Action Comes for Recently Merged Public Health... by: Corey I. Rogoff
- LG Chem’s Win In $1 Billion Electric Vehicle Trade Secret Dispute... by: Matthew T. Lin
- No Unpatentability in a Successful Motion to Amend by: Amanda K. Murphy, Ph.D.
- Court Gives “Thumbs Down” to Domain Name Proxy Service’s Motion to... by: Jonathan Uffelman
- ASTM Releases New Voluntary Safety and Performance Standard for Face... by: Alexandra B. Cunningham and Elizabeth Reese
- Green Sprouts by: Michael S. Nadel and Jennifer B. Routh
- The Worm Turns on Big Tech, New Types of American Threats by: Theodore F. Claypoole
- UK Supreme Court Confirms that Uber Drivers have “Worker” Rights by: Katie L. Clark and Paul McGrath
- ‘Bucking the Break’: SEC Requests Comments on MMF Reforms by: Peter D. Hutcheon
- The Future is Digital Healthcare by: Antonia A. Peck
- Double Masking is Good, but Still Make Sure You Can Be Heard in a... by: William G. Fassuliotis
- Growing Gold: Now that New Jersey Legalized Marijuana for Adult Use... by: Gene Markin
- New York City Council Imposes Stricter Discipline Requirements on... by: Gerald T. Hathaway and Daniel H. Dorson
- Trial and Error: The Future of Remote Litigation by: Nikku D. Khalifian and Jennifer S. Collins
- AML/BSA Compliance Deadline Approaching for Private Trust Companies by: Elise J. McGee and Jonathan W. Motto
- Federal Circuit Partially Vacates PTAB Decision in Mixed Victory for... by: Clinton P. Greub and Eric Magleby
- More on McGill: Ninth Circuit Affirms Order Enforcing Arbitration of... by: Jay Ramsey and Fred R. Puglisi
- Noise Pollution in Our Oceans: Can We Turn Down the Volume for Marine... by: Kim Beane
- Brexit/GDPR: European Commission Publishes Draft Adequacy Decision... by: Dr. Claus Färber
- Disclosure of Binding Arbitration Not Required In Consumer Warranties... by: Traci T. McKee and Lexi C. Fuson
- SEC Whistleblower Awarded Over $9.2 Million For Successful Related... by: Mary Jane Wilmoth
- What to Do When the FTC Investigation Comes Knocking by: Dr. Nick Oberheiden
- The Equine Industry Finding a Home in the Sports Law Ranks by: Dana L. Hooper
- Consumer Product Manufacturers: Is Your Regulatory Slate Clean? by: Jonathan Judge
- Asset Manager Considerations After SEC's Pricing Data Case by: Bruce D. Sokler and Tinny T. Song
- Service industry survivors and thrivers: A look at how some hotels... by: Joseph B. Foltz and Seth Pierce Johnson
- PFAS Drinking Water Rules: One Step Closer To Final Rule by: John Gardella
- Cutting to the Chase: The Relief, the Release, and the Rest. by: Donald R. Frederico
- Rare Prosecution Under the Computer Misuse Act 1990 for Data Breaches... by: Kristin L. Bryan
- Wave of New Class-Action Lawsuits Against Baby Food Manufacturers by: Food and Drug Law at Keller and Heckman
- Five Good Tips (and One Great One) For Hiring an Alternative Legal... by: Jamile J. Francis, III
- [VIDEO] Speak Up About Sexual Harassment (How a Really Big Misquote... by: Andrew B. Cripe
- Battle Royale, Data Scraping Edition: The hiQ v. LinkedIn Saga... by: Zarish Baig and Kristin L. Bryan
- A Game of Survivor: Private Credit Restructuring Year in Review by: Peter J. Antoszyk
- Corporate Charters - Who Are Parties? by: Keith Paul Bishop
- New York Regulators Call on Insurers to Strengthen the Cyber... by: Andrea DeField and Michael L. Huggins
- COVID-19: US State Policy Report – February 22, 2021 by: Jeffrey L. Turner and Jacqueline Orfield
- Early RCE Creates Gaps In Patent Term Adjustment Award by: Courtenay C. Brinckerhoff
- State of California Releases New Employer Portal to Assist With COVID... by: Leonora M. Schloss
- Cookies: New Awareness Campaign by the French Supervisory Authority by: Claude-Étienne Armingaud and Clara Schmit
- US Executive Branch Update – February 22, 2021 by: Stacy A. Swanson
- Congress Requires New Medicaid Payment Reporting by: Adam J. Hepworth and Anil Shankar
- West Hollywood Enacts Premium Pay Ordinance for Large-Chain Grocery... by: Charles L. Thompson, IV
- Little scope for UK employers to get lost on recovery roadmap by: David Whincup
- White House Issues PPP Reforms by: Philip G. Feigen and Sara C. Ainsworth
February 22, 2021

- The Refunding Bond and Release by: Paul W. Norris
- The Shot Heard Around the World: The Impact of the COVID-19 Vaccine... by: John E. Pueschel and Benita N. Jones
- Ninth Circuit Affirms Partial Vacatur of NWP 48 for Commercial... by: James M. Auslander and Kirstin K. Gruver
- The Future of Work: Workplace Trends for 2021 and Beyond by: Beth Tyner Jones
- Message to Judge Garland: Make DOJ the "Whistleblower's... by: Stephen M. Kohn
- Anti-LGBTQ Bias – Not Just for Employment – So Don’t Discriminate in... by: John S. Lord Jr.
- EUON Publishes Nanopinion on Using eREACHNano to Register Nanoforms... by: Lynn L. Bergeson and Carla N. Hutton
- E-Commerce’s Impact on Small Business in the Age of COVID-19 by: Morris A. Ellison
- Biden’s DOL Withdraws Trump-Era Opinion Letters Regarding “Gig... by: Melissa Legault
- The EU’s Initiative to Redress the Effect of COVID-19 on the... by: Alina Condurat
- The Federal Circuit Raises the Enablement Bar for Antibody Patents by: Melissa M. Harwood, Ph.D.
- OUCH: Stunning $4.3MM Judgment Entered Against TCPA Defendant After... by: Eric J. Troutman
- Three Digital Health Trends Affecting Investors in 2021 by: Lisa Schmitz Mazur
- Data Localization and the Limits of “Everything from Everywhere” by: Theodore F. Claypoole
- Price Gouging Weekly Roundup: February 22, 2021 by: Christopher E Ondeck and John R Ingrassia
- EPA Seeks Participants for Small Business Review Panel on Risk... by: Lynn L. Bergeson and Carla N. Hutton
- Naturalization Test Returning to 2008 Version in March by: Minnie Fu
- Naturalization Test Returning to 2008 Version in March by: Minnie Fu
- Non-Remote Manufacturing in a Remote World by: Mark P. Henriques and Jack B. Hicks
- Appellate Division Decision Confirms Continued Employment May... by: Benjamin E. Widener
- Best Practices for Managing Cyber Risks in a Cyber World by: Tara N. Cho
- Pollution and Contamination Exclusions Don’t Warrant COVID-19 BI... by: Matthew B. O'Hanlon
- The Proposed Federal Covid-19 Relief Bill Includes a $15 Minimum Wage... by: Jeffrey W. Brecher and Justin R. Barnes
- Understanding CFRA: How CFRA Works for Pregnant Employees by: Jennifer S. Grock
- USDA Certified Organic Ciders: One of a Kind? by: Theodore J. Zeller III
- Top 10 Ways Companies Cook the Books by: Jason Zuckerman and Matthew Stock
- FCC Order Causes Confusion Regarding Consent Required for... by: Matthew M. Morrissey
- Hurry Up and Wait: EEO-1 Submission Date Postponed Again by: H. Mark Adams and Mary Margaret Spell
- DOL Withdraws Opinion Letters Regarding Sleeper Berth Time,... by: Katharine C. Weber and J. Greg Coulter
- TCPA Quick Hitter: Another Court Rejects Creasy and I’m Getting Bored by: Eric J. Troutman
- Changes Medicare Beneficiaries May See First Under the New... by: Shana Siegel
- Indiana Enacts Liability Shield for COVID-19 Related Lawsuits Against... by: Anthony K. Glenn
- What is a Decennial Report, and Do I Need to File One? by: Michael G. Nicolella
- FINRA’s Focus on Variable Annuity Switches Continues by: Bruce L. Ashton and Sandra Dawn Grannum
- Time Is Money: A Quick Wage-Hour Tip on … Complying With The Salary... by: Kevin Sullivan
- Proposed Federal Minimum Wage Raise and its Effect on Retailers by: Jessica N. Vara
- The Energizer -- Volume 84 by: Buck B. Endemann and Olivia B. Mora
- Tell it to the Arbitrator: Unconscionability Challenge to Arbitration... by: Amy Brown Doolittle
- COVID-19-Related Employment Litigation Affecting Manufacturing... by: Stephanie E. Lewis and Laura A. Ahrens
- Massachusetts Paid Family and Medical Leave: The Latest Updates as... by: Susan Gross Sholinsky and Ann Knuckles Mahoney
- ICO Utilises the Computer Misuse Act to Impose Tougher Penalties for... by: Francesca Fellowes
- PAGA: It Doesn’t Matter Where You Live or Work by: Matthew J. Weber and Timothy Long
- Three Critical Questions That Will (Hopefully) be Answered by the SEC... by: Timothy W. Mungovan and Joshua M. Newville
- Immigration Reform Bill by: Michael H. Neifach and Amy L. Peck
- EU and UK Data Sharing: UK Adequacy Decision by: Sharon Lamb and Romain Perray
- COVID-19 Procedural Hurdles Eased to Evict Commercial Tenants in New... by: Marshall T. Kizner
- New York Proposes Revised Changes to Personal Care and Consumer-... by: Tricia A. Asaro and Whitney Magee Phelps
- NY Department of Financial Services Issues Cyber Fraud Alert to... by: Hunton Andrews Kurth’s Privacy and Cybersecurity
- FDA Warnings Against Supplements for Depression by: Food and Drug Law at Keller and Heckman
- Employers' Next COVID-19 Conundrum: To Mandate Vaccination, or... by: Janella T. Gholian and Julie L. Gottshall
- CLIENT ALERT – Independent Contractor Rule Change Delayed by: Jean E. Novak
- New and Altered Hazard Communication Requirements Coming Soon by: Cressinda D. Schlag
- OFAC Settles with Digital Currency Services Provider for Apparent... by: Gustavo J. Membiela and Natalia San Juan
- The 2020 Election and the Effect on Current Gift, Estate and... by: Daniel R. Donovan and Beth Abraham
- Weekly Bankruptcy Alert: February 22, 2021 (For the week ending... by: Business Practice Group Pierce Atwood
- Global Privacy Control Endorsed by California AG – Next Steps by: Darren Abernethy and Gretchen A. Ramos
- The Grace Period for Proposition 65 Cannabis and CBD Reproductive... by: Nicholas R. Johnson and Erik K. Swanholt
- Record Level of FCPA Enforcement in 2020 Highlights Key Risk Areas by: Richard A. Walawender and Howard O. Weissman
- Does the French Lego Case Threaten the Building Blocks of your... by: Gabriela R. Da Costa and Dr. Annette Mutschler-Siebert, M. Jur. (Oxon)
- Winter Storms Projected to be Largest Insured Loss in Texas History:... by: Jason S. Rubinstein
- Senate Republicans Attack NASDAQ’s Board Diversity Rule by: Joseph S. Hartunian
- Virginia’s Data Privacy Legislation Is One Step Closer To Becoming Law by: Christina Lamoureux
- Immigration and The Equine Athlete: Coming to America, Part I by: Kelly Dobbs Bunting and Laura Foote Reiff
- USCIS Announces Deadline to Download E-Verify Data by: Bernhard Mueller and James Nicholas Garilas
FEATURED ARTICLES
Emerging Legal News
Upcoming Legal Education Events
Federal Law News
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...
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...
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...
Employers—particularly those in Illinois, Indiana and Wisconsin—should revisit their military leave policies in light of the Seventh Circuit’s holding in ...
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...
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...
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...
State Law News
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 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...
In Swipe Acquisition Corp. v. Krauss, CA No. 2019-0509-PAF, 2021 WL 282642 (Del. Ch. Jan. 28, 2021), the ...
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...
Pursuant to Connecticut Governor Ned Lamont’s Executive Order 10A, Section 4,...
INTERNATIONAL LAW NEWS
In a decision dated February 9, 2021 and first reported by ...
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...
Securities
Three Departments Issue New Provisions on QFIIs and RQFIIs to Relax Access Conditions and Expand Investment Scope
...
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...
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...