Alerts

Five new state omnibus privacy laws have been passed and will go into effect in 2023. 
Organizations should review their privacy practices and prepare for compliance with these new privacy laws.

In a newly filed lawsuit against the State of Idaho, the federal government argues that Idaho’s “near-total ban on abortion,” scheduled to take effect on August 25, 2022, overreaches by prohibiting abortion even where federal law may require physicians to perform an emergency abortion.

Regulators at all levels – federal, state, and local – seek to address climate concerns. On July 27, Washington, DC, joined localities banning natural-gas hookups when Mayor Muriel Bowser signed an ordinance limiting use of fossil fuels like natural gas in newly constructed buildings.

Headlines that Matter for Companies and Executives in Regulated Industries

A series of new developments combine to make the broad topic of Environmental, Social, and Governance (ESG) investing, disclosure, and regulation more relevant to the not-for-profit healthcare sector (Sector).

The use of cryptocurrencies for online purchases has been steadily gaining popularity. However, using crypto to pay for goods in stores has been slow due to the lack of infrastructure that can support crypto transactions.

The Centers for Medicare & Medicaid Services (CMS) issued its annual proposed rule related to the Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems for 2023 (the HOPPS Proposed Rule) on July 26, 2022.

The Metaverse offers broad opportunities for trade associations to expand their reach and enhance member experiences like never before. These new and exciting possibilities, however, come with unique challenges. This alert gives a brief overview of the Metaverse and highlights a few key benefits.

On July 26, 2022, Massachusetts joined seventeen other states which prohibit race discrimination based on natural hairstyles when Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair (“Crown”) Act, which bans discrimination based on hairstyles at work and school.

On July 20, 2022, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert cautioning physicians and other health care practitioners to use “heightened scrutiny” when entering into telemedicine arrangements that have “suspect characteristics” of a fraud scheme.

On July 12, 2022, the Council of the District of Columbia voted to amend the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). Implementation of the Act has been delayed on several occasions and is currently set to occur on October 1, 2022. 

The US Securities and Exchange Commission (SEC) has adopted a new standard called Regulation Best Interest (Reg BI)[1] that shifts the focus on protecting customers first and foremost. Although the regulation possibly puts certain customers first, it leaves some important areas vulnerable. 

US Senate Democrats Chuck Schumer and Joe Manchin reached a compromise on the fiscal year 2022 budget reconciliation that includes $369 billion in new spending to spur clean energy and technology over the next decade. The bump in spending would be off-set by corporate tax changes.

The Metaverse is widely regarded as the next frontier in digital commerce, with organizations spending millions of dollars securing a presence by buying digital real estate and investing in platforms to be market leaders.

The HHS Office for Civil Rights (OCR) recently imposed a $50,000 civil monetary penalty on a dental practice that disclosed patient-identifying information in response to a negative online review. The case is a reminder that healthcare providers risk liability for a HIPAA privacy violation.

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics.

Although the emergence of virtual “real” estate in the metaverse presents a unique opportunity for the commercial real estate industry, there are risks associated with virtual real property.

Headlines that Matter for Companies and Executives in Regulated Industries

Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators.

Last month, Maryland Governor Larry Hogan signed into law HB 78, which amends the state’s equal employment opportunity law to require employers to reasonably accommodate a job applicant’s known disability. 

According to guidance published by the Centers for Medicare and Medicaid Services (CMS) on July 11, 2022, EMTALA, the Emergency Medical Treatment and Labor Act of 1986, requires hospitals to provide abortion services when necessary to stabilize a pregnant patient’s emergency medical condition.

After leading the nation in banning plastic bags, California recently enacted sweeping legislation that requires a reduction in the amount of plastic produced and used in the state. The law is the first of its kind. 

Five Questions, Five Answers

Environmental justice (EJ) issues continue to be at the forefront of the Biden Administration’s regulatory agenda, with promises to deploy non-environmental statutes - most notably, federal civil rights laws.

In an exciting turn of events in the world of the International Traffic in Arms Regulations (ITAR), the US Department of State, Directorate of Defense Trade Controls issued two open general licenses (OGLs) authorizing the reexports and retransfers of most unclassified defense articles (including sof