Alerts

The Attorney General Regulations (Regulations) to the California Consumer Privacy Act (CCPA) are enforceable as of August 14, 2020.

On August 17, 2020, the Department of Commerce, Bureau of Industry and Security (BIS) issued a final rule (the Final Rule) (1) adding additional Huawei non-US affiliates to the Entity List, (2) confirming the expiration of the Temporary General License (TGL).

On August 17, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a Guidance Memorandum (Guidance) setting forth revised state survey agency priorities as well as providing information regarding the resumption of enforcement activities and resolution of open enforcement cases.

On August 17, 2020, CMS encouraged State Survey Agencies to resume some of their normal enforcement activities.

Last week started and ended with big announcements in the privacy world. At the end of the week, on August 14th, the regulations implementing the California Consumer Privacy Act of 2018 (CCPA) were finally declared final - more than 8 months after CCPA became effective and 45 days after the Attorney

Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future.

Prop 65 Counsel: What To Know

Headlines that Matter for Companies and Executives in Regulated Industries

The US Department of Justice and the Federal Trade Commission recently issued an updated set of guidelines for “vertical mergers,” or mergers between companies at different levels of the supply or distribution chain.

As discussed previously, President Trump issued an Executive Order on July 14, 2020, concerning certain import and export trade requirements between the US and China.

The new regulations prohibit government agencies from entering into, extending, or renewing a contract with contractors if they use any equipment, system, or service that uses certain Chinese telecommunications equipment or services as a substantial or essential components of any system.

New York County Supreme Court Justice Schecter dismissed a fraudulent conveyance action brought by UMB Bank, N.A., the indenture trustee for certain of Neiman Marcus’ senior notes, on the basis that the applicable indenture did not grant UMB authority and power to assert claims.

Driven by national security concerns, over the past three years the US Government has taken a much more aggressive position on an array of technology issues involving China.

President Trump signed an Executive Order (EO) (TikTok EO) August 6, 2020, banning “transactions” yet to be identified by the US Department of Commerce (Commerce) related to TikTok and its parent ByteDance Ltd.

After a four-month hold, CMS announced on August 6 that it would resume Medicare Fee-For Service (FFS) medical reviews.

Because of the time needed to mark, pack, and ship goods from Hong Kong to the US, it is imperative that importers act quickly to ensure compliance with this new requirement.

United States District Court Judge J. Paul Oetken of the United States District Court for the Southern District of New York issued an opinion and order (Order) vacating four key aspects of the final rule to the Families First Coronavirus Response Act (FFCRA), promulgated by the United States DOL.

Members of the industry should be on the lookout for proposed rules related to this Order and take advantage of all public comment periods.

Two months ago, the U.S. Department of Justice (DOJ) updated its guidance to aid federal prosecutors in making charging decisions or, later, sentencing decisions.

Following stalled negotiations about a fifth round of coronavirus relief in Congress, President Trump signed an executive order on August 8, 2020 directing the US Treasury to suspend the obligations of employers to withhold and deposit the employee share of Social Security taxes.

The U.S. Court of Appeals for the Seventh Circuit has ordered three class action objectors to repay $130,000 they received in a “side deal” in exchange for abandoning their appeal of a class settlement. Pearson v. Target Corp., No. 19-3095, ___ F.3d ___, 2020 WL 4519053 (7th Cir. Aug. 6, 2020).

Headlines that Matter for Companies and Executives in Regulated Industries

On August 5, the EEOC released new technical assistance for employees that addresses the interplay between the Americans with Disabilities Act and opioid use.

The Executive Order directs the Department of Labor and Department of Homeland Security to generally review the use of H-1B workers at any job site to ensure that their employment does not adversely affect the wages and working conditions of US workers.

With digital advertising being a multi-billion dollar industry and COVID forcing many online, many have growing concerns surrounding the policing of digital advertising.