Alerts

Earlier this week, the US Department of Justice published updated guidance on how it evaluates corporate compliance programs when conducting investigations, making charging decisions, and negotiating pleas or other agreements.

Confirming decades of established precedent, the California Supreme Court recently concluded in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County, that there is no right to a jury trial in Unfair Competition Law (UCL) or False Advertising Law (FAL) actions.

After facing several hurdles, effective June 1, 2020, the National Labor Relations Board (NLRB) has finally implemented a host of changes to its rules and regulations governing representation elections.

A number of governments have imposed export controls on the export of a variety of medical (and industrial) PPE. In other words, if you want to import face masks into the US from a European country, you need a license to export them from the EU first.

CCPA enforcement begins July 1, 2020, and depending on the timing of the expedited review, it now may include enforcement for the Attorney General’s Final Regulations.

On April 17, 2019, the Trump administration reversed course on more than 20 years of Cuban policy and announced that it would end the suspension of Title III of the Libertad Act, permitting US nationals to bring claims against entities “trafficking” in properties owned by them in Cuba and confiscate

Massachusetts retail recreational cannabis establishments reopened on May 25, 2020, for curbside delivery after Governor Charles Baker ordered a phased reopening of state businesses. 

On Friday, May 29, 2020, President Trump issued a proclamation, effective Monday, June 1, 2020, suspending indefinitely the entry into the US of certain Chinese students and researchers. 

Recently, while attention has understandably been focused on employment issues arising out of the COVID-19 pandemic, the Maryland legislature has passed several non-pandemic pro-employee laws that were not vetoed by Governor Larry Hogan. All of these laws become effective on October 1, 2020.

The viability of Nationwide Permit (NWP) 12 – used to authorize certain actions during utility line construction – is uncertain.

FDA has yet again revised its Enforcement Policy for the US importation and distribution of face masks and respirators during the COVID-19 pandemic.

Section 230(c) of the Communications Decency Act, which has been around for more than 20 years, gives online platform providers and others protection from claims that information posted on their sites by third parties violates a law or someone else’s rights.

Headlines that Matter for Companies and Executives in Regulated Industries

Prop 65 Counsel: What To Know

Businesses across the country are facing challenges, including lawsuits, as they grapple with how COVID-19 has impacted their operations, work forces, and supply chains. The wave of litigation is rising, and it appears that no industry is immune.

A HHS Final Rule for Exchange plans states that coupons and copay cards offered directly by drug manufacturers can be counted towards a patient’s annual cost-sharing limit.

The U.S. House of Representatives earlier today passed H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020, in a 417-1 bipartisan vote.

Companies using payment processors should vet the companies they work with and require reasonable security controls.

Congressional Rep. Carolyn Maloney of New York has introduced a bill, H.R. 7011, titled the Pandemic Risk Insurance Act of 2020 (the Act).

Because COVID-19 has caused many tenants to experience significant financial hardship and cash shortfalls, their landlords that are real estate investment trusts (REITs) may experience challenges satisfying tax requirements to maintain REIT status in 2020.

On May 19, 2020, the Council of the District of Columbia unanimously approved the Coronavirus Support Emergency Amendment Act of 2020 (the “Act”), which consolidates the four previous emergency acts adopted by the Council, and includes notable additions and modifications.

In today’s episode, we continue our conversation on “Force Majeure” with Partners Barbara Wahl and Bernice Leber. Our lawyers cover a few of the first COVID-related lawsuits filed, important trends, and ways to leverage mediation to avoid costly litigation.

In what has been considered a huge win for community pharmacists, the Department of Health and Human Services (HHS) Office of the General Counsel (OGC) issued an Advisory Opinion on May 19, 2020.

On Friday, May 22, 2020, the USDA and FDA jointly released recommendations to address shortages of personal protective equipment (PPE), cloth face coverings, disinfectants, and sanitation supplies in the food and agriculture industries.

On May 22, 2020, the Small Business Administration (SBA) and US Department of Treasury released long-promised forgiveness regulations (Regulations) for the Paycheck Protection Program (PPP).