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State and Local Government Third-Party

Foley Hoag LLP - Cannabis and the Law

New York State Court Invalidates Certain Adult-Use Regulations Around Third Party Marketing Platforms

In a breathtaking decision filed yesterday in New York Supreme Court, the Honorable Kevin R. Bryant issued a decision and order that has struck down virtually all of New York’s adult-use cannabis industry regulations as...more

Ballard Spahr LLP

DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of...

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On August 4, 2023, the U.S. Department of Justice (“DOJ”) released its highly anticipated proposed changes to the regulations implementing Title II of the Americans with Disabilities Act (“ADA”). Title II prohibits state and...more

Winstead PC

2023 Texas Legislative Update: Issues Affecting Real Estate Entitlement and Development

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House Bill 14 (by Harris (R), House District 8, Palestine, Anderson County, Texas) - Effective September 1, 2023 - THIRD-PARTY REVIEW OF PLATS, PLANS, PERMITS AND INSPECTIONS - HB 14 adds a new Chapter 247 to the...more

McDermott Will & Emery

California Supreme Court Lets It Stand That CDTFA Can Decide Who Is and Is Not a Retailer

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On April 26, 2023, the Supreme Court of California declined to review the Second District Court of Appeal’s decision in Grosz v. California Dep’t of Tax & Fee Admin. In the underlying case, Stanley Grosz, a business owner...more

Sheppard Mullin Richter & Hampton LLP

CMS Issues Contract Year 2023 Final Rule for Medicare Advantage Organizations and Prescription Drug Sponsors

On April 29, 2022, the Centers for Medicare and Medicaid Services (“CMS”), issued the final rule on Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs...more

White and Williams LLP

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking...

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In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product...more

Haynsworth Sinkler Boyd, P.A.

Business License Tax Standardization Act Goes Into Effect: What This Means For South Carolina Businesses

In September 2020, the South Carolina General Assembly passed the Business License Tax Standardization Act (the Act) to create a more uniform business licensing process across the State’s taxing jurisdictions. The Act...more

Perkins Coie

Failure to Timely Name and Serve Real Parties In Interest Does Not Warrant Dismissal Of An Entire CEQA Action if The Unnamed...

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In the first reported interpretation of a 2021 amendment to CEQA’s statute of limitations provisions, the First District Court of Appeal addressed “whether an action against a lead agency must be dismissed–despite being filed...more

Sheppard Mullin Richter & Hampton LLP

Nevada Broadens its Privacy Law

Nevada’s governor recently approved an amendment to their privacy law. As we covered previously, generally, this law affords consumers a right to opt out of the “sale” of their data to third parties. The amendment broadens...more

Butler Snow LLP

Update: Further Developments in “E-Tailer” Product Liability

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In September, we addressed the developing caselaw governing an “e-tailer’s” exposure to products liability suits when a consumer purchases a defective product from a third-party vendor on the e-tailer’s sales platform. While...more

Littler

Los Angeles County Adopts “Public Health Council” Ordinance

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On Tuesday, November 10, 2020, the Los Angeles County Board of Supervisors approved a program allowing third-party organizations in the food, apparel manufacturing, warehousing and storage, and restaurant sectors to create...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 21 - August 2020

This 21st edition of Unprecedented, our weekly update on COVID-19-related litigation, pairs defense victories with new claims. Lenders obtained the dismissal of a lawsuit claiming agent fees under the PPP program, and...more

Seyfarth Shaw LLP

DMS Providers Fare No Better Than Automakers in Constitutional Challenge to Arizona Dealer Statute

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An Arizona federal court recently rebuffed efforts by the two leading US providers of dealership management systems (“DMS”), CDK Global and Reynolds & Reynolds, to enjoin the enforcement of amendments to the Arizona dealer...more

Bricker Graydon LLP

Ohio Department of Health issues draft amendments to Certificate of Need rules

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The Ohio Department of Health (ODH) has prepared draft amendments to Ohio’s Certificate of Need (CON) rules. A number of these draft rule amendments address changes to the CON laws that were made in Ohio’s general operating...more

Ballard Spahr LLP

CA DBO concludes certain point-of-sale financing arrangements are loans, not credit sales

Ballard Spahr LLP on

On December 30, 2019, the California Department of Business Oversight (DBO) announced two actions regarding companies offering unregulated, point-of-sale financing to California residents.  In the first action,  the DBO...more

Gray Reed

Recapping the Results of Litigation-Related Bills from the Texas Legislature

Gray Reed on

Now that the 86th Texas Legislative Session is over, it’s time to review what happened to proposed legislation we highlighted earlier this year related to civil litigation that may affect your business....more

Butler Weihmuller Katz Craig LLP

Proposed Amendment to Florida Statutes Creates Right of Contribution for Defense Costs

The Florida Legislature recently created a new cause of action for contribution among co-primary liability insurers.  Under this new law, a liability insurer who defends an insured may file suit against other insurers...more

Best Best & Krieger LLP

CalPERS Board Decision on Contract Workers Will Not Become Precedential. Now What? - Contract Workers May Still Be Reclassified as...

The CalPERS Board of Administration will not consider whether to establish the Tracy Fuller decision as a CalPERS precedent, we have confirmed. While the decision to not pursue Fuller as a precedential decision is welcome...more

Fox Rothschild LLP

Utah Legislation Protects Data Stored With Third Parties From Unfettered Government Access

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Utah legislators voted unanimously to pass landmark legislation in support of a new privacy law that will protect private electronic data stored with third parties like Google or Facebook from free-range government access. ...more

Foley & Lardner LLP

Ringing in 2019 with New State Privacy and Data Security Laws Impacting Data Brokers and Insurers

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New state laws that took effect January 1, 2019, likely will have a broader impact on how U.S. companies collect, process, and secure consumers’ personal information, in addition to how and when they report data breaches....more

Hogan Lovells

California Consumer Privacy Act: The Challenge Ahead — Key Terms in the CCPA

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Words matter. Nowhere is this truer than in legislation, where word choices—often the product of long debate and imperfect compromise—determine the scope and impact of a law. ...more

McNees Wallace & Nurick LLC

Supreme Court Issues New Ruling on Workers’ Compensation Subrogation Reimbursement

In a recent case, decided on June 19, the Supreme Court of Pennsylvania granted appeal to clarify the scope of subrogation reimbursement under the Pennsylvania Workers Compensation Act (the “Act”)....more

Akin Gump Strauss Hauer & Feld LLP

Rooftop Solar Provider Held to be a “Public Utility” in North Carolina

On September 19, 2017, the Court of Appeals of North Carolina (“Court”) held that companies that install solar panels on customer rooftops are “public utilities” under state law, at least when they retain ownership of the...more

Bradley Arant Boult Cummings LLP

Circuit Court Rules that State-Local Disconformity Cannot Benefit a Local Government

As with many states, Alabama provides an exemption from its sales and use tax if tangible personal property is purchased for the purpose of leasing or renting it to a third party. Alabama Code sections 40-23-1 and 40-23-63(4)...more

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