What do you get when you combine a business-backed ballot initiative, the state legislature and governor’s office, and labor organizations? A deal. California style. By now you have heard of the deal to reform the...more
Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more
On May 13, Senator Joseph P. Cryan (D) introduced an amendment to New Jersey’s Daniel’s Law, which would broaden the law’s coverage. An identical amendment was introduced by Assemblywoman Annette Quijano (D) in the Assembly...more
On May 6, 2024, the Supreme Court of California held that when an employer “reasonably and in good faith” believes it complied with California’s legal requirement to provide accurate wage statements and it does not, the...more
On December 20, 2023, the Federal Trade Commission (FTC) announced proposed revisions to its rules administering the Children’s Online Privacy Protection Act (COPPA). The updates both expand the universe of businesses subject...more
Although the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq. was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent case law make it an enticing...more
The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more
Chartered accountants are accustomed to continuous oversight of their work by regulators. While regulatory supervision can often be a collaborative process, it does sometimes culminate in individual accountants and firms...more
On May 24, 2023, Governor Tina Kotek signed into law legislation raising the maximum penalties for workplace fatality–related citations in Oregon far above federal limits. The law took effect immediately....more
On April 13, 2013, the Federal Trade Commission (“FTC”) announced that it had sent a Notice of Penalty Offenses Concerning Substantiation of Product Claims and a Notice of Penalty Offenses Concerning Deceptive or Unfair...more
After a rare False Claims Act (FCA) trial, a St. Paul federal jury has returned a verdict for the government in United States, ex rel. Kipp Fesenmaier v. Cameron-Ehlen Group, Inc., No. 0:13-cv-03003 (D. Minn.). The jury...more
New Annual Reporting Requirement for Pennsylvania Businesses - On November 3, 2022, the PA legislature passed Act 122 of 2022, amending the reporting requirement for businesses registered in the state. Currently, the law...more
Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA, ATDS is...more
Report on Patient Privacy Volume 22, Number 11. (November 2022) Nearly five years passed from the time the University of Texas MD Anderson Cancer Center reported to the HHS Office for Civil Rights (OCR) that three...more
Tucked into the state budget recently passed by the General Assembly and expected to be signed by Governor Cooper is a provision, see here (reference Part XIII. Labor, page 131), that would dramatically raise the penalties...more
The federal False Claims Act (FCA) penalizes anyone who knowingly makes a fraudulent claim for compensation to the federal government. The penalties can be severe, frequently rising into the millions of dollars and...more
The EDPB sets out relevant steps and factors that EU supervisory authorities should consider when calculating administrative fines under the GDPR. On 16 May 2022, the European Data Protection Board (EDPB) adopted draft...more
The Federal Trade Commission (“FTC”) has kept itself busy as of late, issuing a series of notices to over 1,000 businesses (many of them franchise companies) advising them that they could face civil penalties for conduct that...more
In a major win for the Steelworkers Pension Trust (SPT), the U.S. Court of Appeals for the Third Circuit upheld an award totaling $96 million in withdrawal liability and additional statutory penalties against the Renco Group,...more
On June 30, the Supreme Court of Tennessee issued an opinion interpreting the retainage provisions in Tennessee’s Prompt Pay Act (the Act). The opinion has significant implications for construction projects across Tennessee....more
The Centers for Medicare and Medicaid Services (CMS) has proposed increasing the penalty for violations of the hospital price transparency rule in the proposed outpatient pay rule announced on July 19, 2021. Hospitals...more
The Data Security Law will enhance an increasingly comprehensive legal framework for information and data security in the PRC. Key Points: Notably, the DSL: ..Applies to a wide range of data and data activities, with...more
On July 6, 2021, Ohio Governor Mike DeWine signed a new anti-hazing bill intended to deter and punish hazing activities at Ohio’s colleges and universities. The new law, commonly referred to as Collin’s Law, expands the...more
One of the last pieces of legislation the Iowa legislature sent to Governor Kim Reynolds’ desk for assured signature was a bill banning vaccine passports in Iowa. House File 889 contains several prohibitions regarding...more
On May 5, 2021, Governor Andrew Cuomo signed into law the New York Health and Essential Rights Act (the “HERO Act”) (S. 1034B) to minimize the spread of COVID-19 and other airborne infectious diseases in the workplace given...more