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Article
Published 06/17/2021
Significant Regulatory, Policy, and Enforcement Developments: 2020 A Tale of the Three C’s: COVID-19, Cannabis, and CBD
Industries Cannabis Law
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Videos
Published 06/17/2021
Loot Boxes in Video Games (and Jordan vs. Kobe)
Industries Video Gaming and Esports
In this episode of " Lawyers With Game ," host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice sits down with the firm’s Sports and Entertainment Practice Leader Al Coleman to discuss various topics, including loot boxes, the rise of esports teams and athletes, gaming as a disorder, and retailer liability. They also attempt to settle the Michael Jordan vs. Kobe Bryant “GOAT” debate.
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Alert
Published 06/16/2021
The Department of Justice Weighs in on Title IX Peer Harassment and Retaliation
By Joshua W. B. Richards, Zachary B. Kizitaff
Industries Higher Education
The Department of Justice recently filed a Statement of Interest in Thomas v. Bd. of Regents of the University of Nebraska , a case pending in the United States District Court for the District of Nebraska asserting peer harassment and retaliation claims under Title IX. Following a motion to dismiss and opposition briefing, DOJ (with co-signature from Department of Education attorneys) filed a Statement of Interest , seeking to “explain the legal standards governing peer sexual harassment and retaliation claims for damages under Title IX.” The Statement of Interest stakes out a number of DOJ...
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Blog Post
Published 06/16/2021
New Jersey Supreme Court Issues Final Word in Failure to Accommodate Cases Under NJLAD - No Worker's Compensation Bar and No Adverse Employment Action Required
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Videos
Published 06/16/2021
Starting an Esports Franchise With Guests Brett Diamond and Annie Scott Riley of Version1 and the Minnesota ROKKR
Industries Video Gaming and Esports
In this episode of " Lawyers With Game ," host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice is joined by Leah Leyendecker, also from the firm’s Video Gaming and Esports Practice, along with Brett Diamond and Annie Scott Riley of Version1 and the Minnesota ROKKR. They talk about Version1’s recent success at the Valorant Champions Tour (VCT) in Iceland, what it takes to start a franchise team like the Minnesota ROKKR, how they established their branding, and much more.
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Videos
Published 06/15/2021
Into the Metaverse: The Intersection of Gaming, Music and Fan Interaction With Guest Darren Traub of World Wrestling Entertainment (WWE)
Industries Video Gaming and Esports
In the final episode of season one of " Lawyers With Game ," host Darius Gambino and Angie de Cespedes from Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice sit down with Darren Traub, senior vice president for entertainment and talent management at the WWE. They discuss Darren’s experiences connecting musicians, video game publishers and fans; their favorite wrestlers; the WWE’s plans for non-fungible tokens (NFTs); and the future of WWE fan engagement through digital content.
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Article
Published 06/14/2021
HR and the Courts: June Edition
Services Labor and Employment
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Alert
Published 06/14/2021
Privacy Law Update: European Commission Adopts New Standard Contractual Clauses for Transfers of Personal Data
By Alexander Bilus | Patrick Hromisin | Jillian Walton
Services Cybersecurity and Privacy
On June 4, 2021, the European Commission adopted new sets of Standard Contractual Clauses (New SCCs) that organizations can use when transferring personal data protected by the General Data Protection Regulation (GDPR) to countries outside the European Union (EU). The New SCCs were long overdue, but their issuance creates a number of tasks for the multitude of organizations that have used the current versions of the SCCs to lawfully transfer personal data from the EU to non-EU countries in the years since the GDPR went into effect. The prior versions of standard contractual clauses that the...
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Alert
Published 06/11/2021
FinCEN Seeks Public Comment on Opaque Corporate Transparency Act
By Marshall Paul, Rick Carroll
Services Corporate
The Financial Crimes Enforcement Network of the Department of Treasury (FinCEN) has made it clear that the reporting obligations imposed on corporations, LLCs, and other “similar” entities under the new Corporate Transparency Act (CTA) are anything but clear. The CTA, which likely will present a significant filing burden for many small and medium-sized businesses, was part of the National Defense Authorization Act, passed by Congress on January 1, 2021. Among other things, the CTA makes FinCEN responsible for collecting data surrounding the ownership of corporations and other entities. The...
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Alert
Published 06/09/2021
OCR Settles Nineteenth Investigation in HIPAA Right Of Access Initiative
By Bruce D. Armon, Samatha R. Gross, Patricia Varona Garcia
Industries Health Care | HIPAA / Health Information Privacy and Security
On June 2, 2021, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS), announced that the Diabetes, Endocrinology & Lipidology Center, Inc., (DELC) agreed to pay $5,000, enter into a Resolution Agreement, and adopt a Corrective Action Plan (CAP) to settle a violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. According to its web page, DELC has one (1) health care provider and their sole office is located in Martinsburg, West Virginia. Two years ago, OCR announced the HIPAA Right of Access Initiative, which...
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Blog Post
Published 06/09/2021
Illinois Significantly Increases Penalties For Wage Payment Violations
By Jason Tremblay, Alexander Reich
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Blog Post
Published 06/08/2021
Unraveling the New (Major) Illinois Restrictive Covenant Law
By Jason Tremblay, Alexander Reich
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Alert
Published 06/07/2021
Supreme Court narrows the scope of the Computer Fraud and Abuse Act in Van Buren v. United States
By Patrick M. Hromisin, Kelsey Marron
Services Cybersecurity and Privacy | White Collar and Government Enforcement
On June 3, 2021, the Supreme Court drastically narrowed the reach of the Computer Fraud and Abuse Act of 1986 (“CFAA”), a federal statue prohibiting individuals from “exceeding authorized access” to computers and computer systems. In Van Buren v. United States , the Court grappled with the meaning of “exceeding authorized access”– does this phrase cover those who misuse computer access that they otherwise lawfully have, or only those who obtain information on a computer to which they do not have lawful access? In a 6-3 majority opinion authored by Justice Amy Coney Barrett, the Court held...
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Alert
Published 06/07/2021
Tokenize My Patent Please: The Many and Varied Uses of NFTs
By Darius C. Gambino, Zachary B. Kizitaff
Services Intellectual Property
By now, you have likely heard about Non-Fungible Tokens, or NFTs, which have taken off considerably in the last year. NFTs are a form of crypto asset, similar to popular crypto currencies like Bitcoin and Ethereum. The main difference is that Bitcoins are fungible assets, meaning you can trade one Bitcoin for another and have an exchange of equal value. NFTs, on the other hand, are unique and thus cannot be the basis for an equal-value exchange. This uniqueness allows for an immutable and unalterable digital record on any blockchain network. Importantly, the blockchain stores the entire...
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Alert
Published 06/04/2021
The Friday Five: Five Current ERISA Litigation Highlights - June 2021
This month’s Friday Five highlights both circuit and district court opinions on the scope of ERISA preemption, discretionary review and exhaustion of administrative remedies. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team June 4, 2021 | By Amy Kline , Caitlin Strauss and Erin Westbrook Ninth Circuit Confirms ERISA Does Not Preempt State-Run IRA Savings Program. In a dispute over a California law that creates a state-managed individual retirement (“IRA”) program for employees without access to a tax-qualified retirement savings plan through their employer, the Ninth...
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Blog Post
Published 06/04/2021
You're Invited: Get Wise Webinar for HR Professionals - Navigating the Employee Lifecycle
By Anna Maria Tejada
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