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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.
The SEC voted on March 9, 2022, by a vote of three to one, to propose regulations “to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies” and strengthen investors’ ability to evaluate public companies' cybersecurity practices and incident reporting.
This month’s Friday Five explores recent decisions tackling a myriad of issues, including: (1) whether reclassification of a claimant’s health status constitutes an adverse benefit determination; (2) whether remand is the proper remedy for a claim denied on coverage grounds; (3) whether a disagreement over the benefits decision may amount to bad faith; (4) whether attorney fees are admissible as a component of consequential damages; and (5) when extrinsic evidence may be admissible.
Remote patient monitoring (“RPM”) refers to the use of digital technologies to monitor and capture medical and other health data from an individual.
Over the past three years there have been seismic shifts in the landscape of college sports, and these authors forecast even more change on the horizon.
Sweeping changes were announced at FERC on Thursday, February 17, 2022, when the majority of Federal Energy Regulatory Commission (FERC) Commissioners (Chairman Glick with Commissioners Clement and Phillips), amid blistering dissents from Commissioners Christie and Danly, voted to approve the Updated Policy Statement on Certification of New Interstate Natural Gas Facilities and the Interim Policy Statement (GHG Policy) on consideration of greenhouse gas emissions (GHGs) in natural gas infrastructure projects. The two policy statements together change both the burden of proof and presumptions in the approval process for new natural gas infrastructure, which includes interstate pipelines and LNG facilities. Extensive new evidence is “encouraged” from both project developers and shippers, and a new threshold test and a new four factor balancing test will be applied to both pending and new applications at FERC – and the GHG Policy will apply although it is only “interim” and public comments are not due on it until April 4, 2022.
In a data breach lawsuit, a plaintiff will sue a company that suffered a data breach in which the plaintiff’s personal information was stolen by cyberattackers.
On February 3, 2022, the Illinois Supreme Court held in the case of McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, that the exclusivity provisions of the Illinois Workers’ Compensation Act (the “Compensation Act”) do not preempt a claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”). The Court found that damages to an individual’s right to privacy as a result of a BIPA violation are not the type of compensable injuries capable of redress under the Compensation Act. This decision, while bootstrapping an employer’s protections from claims for severe physical and psychological injuries sustained in the workplace, leaves employers exposed to tremendous liability for technical BIPA violations even without a showing of actual damages.
The Maryland State Senate introduced a bill that will prohibit all new buildings from using natural gas or heating oil beginning in 2023, as well as place other restrictions on replacing heating systems in older buildings.
On February 1, 2022, the U.S. Department of Justice (DOJ) released its enforcement statistics for fiscal year 2021 (here).
This month’s Friday Five explores recent decisions that elucidate the difference between disputes that call upon the discretion and judgment of a court compared to disputes where the court is called upon to follow hard-and-fast rules without discretion.
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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