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Although the Court has endorsed a “look-through” approach to federal jurisdiction over petitions to compel arbitration under Section 4 of the Federal Arbitration Act (FAA), that approach does not apply to petitions to confirm or vacate an arbitration award under Sections 9 or 10 of the FAA, an 8-1 majority of the Court held, citing the different language in the respective statutory provisions.
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.
On March 28, 2022, the United States Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced the resolution of three investigations and one matter before an Administrative Law Judge related to compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule.
After a variety of promises concerning climate change-related regulatory development activity last year, forward movement has been relatively slow.
The Securities and Exchange Commission (SEC) this week released its annual Congressional Budget Justification. The agency is seeking a budget of $2.15 billion for FY 2023, which is almost $240 million more than it sought in FY 2022. The increased budget request is driven largely by an expansion in enforcement activities.
Cryptocurrencies and digital assets—such as bitcoin, ether and non-fungible tokens (NFTs)—have become some of the hottest investment products in recent years.
U.S. holders of cryptocurrency have been eager to participate in the crypto lending market, but recent actions by the SEC are causing unexpected, and likely unintended, changes in how these loans are made.
The Pennsylvania Department of Health last year began overhauling the Commonwealth’s long-term care nursing facility regulations, with regulatory changes to be implemented in four parts. The Department of Health published the third set of proposed regulations.
In our previous Trade Update (39th Edition), we reported that the Office of the U.S. Trade Representative was considering the possible reinstatement of previously extended product exclusions from China Section 301 Tariffs.
The United States Court of Appeals for the Ninth Circuit recently released an unpublished memorandum decision in the landmark mental parity case of Wit v. United Behavioral Health. In this decision, the Ninth Circuit reversed the district court’s order requiring UBH to reprocess more than 60,000 claims that had initially been denied for not meeting UBH’s medical necessity guidelines.
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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