Why It Matters -
This is the first federal circuit court ruling to address federal removal jurisdiction based on PREP Act immunity. Although the nursing home lost its removal argument, the Third Circuit’s opinion may...more
Why It Matters -
This decision casts doubt on the ability of nursing homes to rely on the PREP Act to shield them from liability against state-law claims or, at the very least, to remove such claims to federal court....more
8/20/2020
/ CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Countermeasures ,
Health Care Providers ,
Immunity ,
Infectious Diseases ,
Medical Marijuana ,
Nursing Homes ,
OSHA ,
Preemption ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Safety Precautions ,
Secretary of HHS ,
State Law Claims
On August 3, New York Gov. Andrew Cuomo signed legislation (New York S.B. 8335, enacted Aug. 3, 2020) that scaled back the immunity provisions enacted toward the beginning of the COVID-19 emergency for health care providers....more
8/11/2020
/ Coronavirus/COVID-19 ,
Criminal Liability ,
Criminal Prosecution ,
Executive Orders ,
Governor Cuomo ,
Gross Negligence ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Immunity ,
New Legislation ,
Relief Measures
“The immunity provision of the Defend Trade Secrets Act creates serious risk for companies: A whistleblower could expose a company to civil and criminal penalties stemming from the company’s alleged misconduct and...more
1/28/2020
/ Confidential Information ,
Corporate Misconduct ,
Criminal Penalties ,
Defend Trade Secrets Act (DTSA) ,
Immunity ,
Intellectual Property Protection ,
Litigation Strategies ,
Misappropriation ,
Penalties ,
Risk Management ,
Trade Secrets ,
Whistleblower Protection Policies ,
Whistleblowers
Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more
9/13/2019
/ Confidential Information ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Disclosure ,
Ex Parte ,
Immunity ,
Intellectual Property Protection ,
Internal Investigations ,
Misappropriation ,
Notice Requirements ,
Popular ,
Safe Harbors ,
Trade Secrets ,
Whistleblower Protection Policies ,
Whistleblowers