Alerts

On May 20, 2022, the agency governing Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), announced that it was allowing the rulemaking process for proposed modifications to the Prop. 65 short-form warnings to lapse.

In a unanimous decision authored by Justice Elena Kagan, the US Supreme Court ruled that in determining whether a party has waived its right to enforce an arbitration agreement, the party asserting waiver does not have to show that it was prejudiced.

In its latest decision on meal and rest period issues, the California Supreme Court unanimously held that premium pay owed employees for meal and rest break violations can be a basis for imposing waiting time and wage statement penalties on employers.

Headlines that Matter for Companies and Executives in Regulated Industries

Physician-owned companies that generate revenue from the sale of medical devices ordered by their physician owners have in recent years been the target of federal fraud and abuse enforcement actions.

In July 2018, the Court of Justice of the European Union (ECJ), the EU’s Highest Court, issued a decision clarifying whether the EU would regulate products of innovative breeding techniques, like gene editing, under the EU’s Directive 2001/18, the principal EU law governing the regulation of GMOs.

The metaverse is shaping up to be the next frontier in digital commerce, with businesses across industries spending millions of dollars buying digital real estate and investing in platforms to be market leaders. This has made companies with metaverse operations hot targets for venture capitalists.

The US Supreme Court – once again – sided with advocates of the First Amendment in a decision striking an unconstitutional limit on campaign speech. 

If yours is one of the many companies considering new employment incentives, enhanced benefits, and retention bonuses, you should also consider taking another look at your non-compete covenants at the same time. They might already be outdated and unenforceable.

Headlines that Matter for Privacy and Data Security

The metaverse, regarded by many as the next frontier in digital commerce, does not, on its surface, appear to offer many benefits to an industry with a core mission of providing a physical space for guests to use and occupy. However, there are many opportunities that the metaverse may offer.

On May 17, 2022, the US Court of Appeals for the DC Circuit issued an opinion in a False Claims Act suit, narrowly interpreting the so-called “government-action bar.” The government-action bar, 31 USC § 3730(e)(3), forecloses qui tam suits.

Federal Contractors Beware: Sixth Circuit Recognizes False Claims Act Exposure Based on Allegedly Inflated Labor Cost Estimates Leading To Firm-Fixed-Price Contract.

Una latina orgullosa y asesora de confianza, Gabriela E. Palmieri se enfoca en el manejo de transacciones transfronterizas y multijurisdiccionales. 

The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars to position themselves as market leaders. While it offers clear opportunities for businesses, the metaverse also presents unique legal challenges.

Prop 65 Counsel: What To Know

With the widespread adoption of remote work, companies in all industries have turned to electronic signature (e-signature) solutions to sign the dotted line quickly and efficiently. E-signature solutions allow companies to execute the agreements necessary to run their businesses.

Headlines that Matter for Companies and Executives in Regulated Industries

US Government agencies have announced concurrent reviews of the Section 301 and Section 232 tariffs, which may result in changes to the current tariff rates and product lists in the coming months. At the end of this report is a chart specifying the periods and deadlines this spring and summer.

The HHS Office for Civil Rights is requesting comments about HIPAA covered entities’ and business associates’ implementation of “recognized security practices” and payments to “harmed individuals” from funds the agency collects from its enforcement actions. Stakeholders have until June 6, 2022.

In today’s podcast episode, Aaron Jacoby speaks with Breanne Eagles and Kim Linebarger from Moss Adams to discuss the current state of the buy-sell market for automotive dealerships and factors to consider when going to market.

A number of recent cases seek to combat what plaintiffs claim is a surge of deceptive marketing by companies in the food space. In particular, there have been a number of claims concerning the use and labeling of vanilla flavoring.

After years of large retailers and malls struggling prior to the COVID-19 pandemic and the most vulnerable retailers filing for bankruptcy relief in its immediate wake in early 2020, the US economy rebounded strongly with the aid of government assistance and low interest rates.

On May 8, 2022 (aka Mother’s Day), the Biden Administration announced yet another series of export controls and sanctions measures intended to ratchet up the costs on Russia’s economy and limit its ability to continue its war in Ukraine. 

On May 5, 2022, the US Department of Justice (DOJ) announced its new environmental justice (EJ) strategy, which has been a priority to the Biden Administration.