The attorneys of Saul Ewing Arnstein & Lehr are dedicated to providing client-centric counsel to businesses throughout the United States and internationally from 16 offices stretching down the East Coast from Boston to Miami and extending into the Midwest by way of Chicago and Minneapolis. We work with well-known corporations, exciting start-ups and an array of closely held and privately held companies, as well as institutions of higher education, nonprofits and governmental entities.
In this episode, host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Casey Grabenstein, a partner in the firm’s Litigation Practice, speak with Mark Haraburda, CEO of Barchart, a leading provider of commodities and exchange data.
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Jennifer Beidel, co-chair of the firm’s White Collar and Government Enforcement Practice and a former federal prosecutor, about internal investigations.
The Department of Justice (“DOJ”) published, on March 18, 2022, new “Guidance on Web Accessibility and the ADA” (the “Guidance”). For colleges and universities, the Guidance offers some help as to how to best satisfy their obligations under the Americans with Disabilities Act (“ADA”) to provide an accessible web presence and try to avoid risk in connection with web accessibility.
On March 15, 2022, the U.S. District Court for the Northern District of Illinois held in the case of Rogers v. BNSF Railway Company, No. 19-C-3083, 2022 WL 787955 (N.D. Ill. Mar. 15, 2022) (slip copy) that the Federal Railway Safety Act (“FRSA”), the Interstate Commerce Commission Termination Act (“ICCTA”), and the Federal Aviation Administration Authorization Act (“FAAAA”) do not preempt a claim under the Illinois Biometric Information Privacy Act (“BIPA”). The Court also held that for statute of limitations purposes, an individual’s claim accrues anew upon each BIPA violation they are subjected to, rather than only upon the first violation. This decision represents another blow to the arsenal of available defenses to defendants facing BIPA claims in state and federal court.
This month’s Friday Five covers cases relating to: (1) whether claim administrators can recover overpayments through a breach of contract claim under state law; (2) whether claim administrators can rely solely on a claimant’s medical records for a benefits determination; (3) what evidence supports the standard that claim administrators apply versus their mechanism for conducting an investigation; (4) whether an insufficient independent medical examination serves as grounds for overturning a benefits decision; and (5) how a court will interpret policy language that provides a limitation for disability caused or contributed to by mental or nervous disorders.
On May 2, 2022, the New Jersey Department of Community Affairs (“DCA”) announced a 60-day comment period whereby interested parties may submit written comments to the DCA in response to upcoming amendments to the Uniform Construction Code’s Energy Subcode, N.J.A.C. 5:23-3.18.
On May 18, 2022, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Jarkesy v. Securities and Exchange Comm’n, in which it examined the constitutionality of an agency civil money penalty enforcement proceeding.
On May 13, 2022, the U.S. Treasury (“Treasury”) released its 2022 Strategy for Combatting Terrorist and Other Illicit Financing (“2022 Strategy”). The proposed 2022 Strategy, prepared pursuant to Sections 261 and 262 of the Countering America’s Adversaries Through Sanctions Act (CAATSA), outlines four goals to address the key risks identified by the 2022 National Money Laundering, Terrorist Financing, and Proliferation Financing Risk Assessments:
Following consumer trends and fueled by the pandemic and related loosening of restrictions on in-state retailer alcohol delivery regulations, the marketplace for alcohol delivery services has expanded exponentially over the last several years and shows no signs of slowing down.
On 1 August 2022, the Act implementing the EU Directive on Transparent and Predictable Working Conditions (the Act) likely will enter into force, as EU Member States have until that date to implement the directive into their own national laws.
On March 21, 2022, the U.S. District Court for the Eastern District of Tennessee invalidated Notice 2016-66 for failing to comply with the Administrative Procedure Act (APA) and granted broad injunctive relief requiring the IRS to return to taxpayers and material advisors the documents and information obtained improperly under the Notice.
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