Blog Post
Published 02/19/2021
By Thomas Laser
Podcast episode
Published 02/18/2021
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Justin Danilewitz, a litigator in the Firm’s White Collar and Government Enforcement Practice and a former federal prosecutor, about the Responsible Corporate Officer (RCO) doctrine, also known as the Park doctrine, and how it impacts the FBA industry. Justin addresses how under the federal Food, Drug and Cosmetic Act (FDCA), the RCO doctrine can result in strict criminal liability for an individual who stands in a position of responsibility with respect to lower-level employees as a result of the conduct of those employees, even without knowledge of that conduct. Although strict liability for a criminal offense – without knowing participation in the conduct – is rare, the U.S. Supreme Court has recognized this exceptional approach in the public welfare context, since public health and safety is paramount in the FBA industry. Jonathan and Justin discuss the practical applications of the doctrine, how the U.S. Food and Drug Administration (FDA) partners with the Department of Justice (DOJ) on enforcement of the RCO doctrine, how federal prosecutors tend to look for evidence, and how companies can implement rigorous policies, procedures and training programs to help maintain compliance.
Alert
Published 02/16/2021
By Bruce D. Armon, Samantha R. Gross, Michael A. Finio, Jonathan Havens, Patricia Varona Garcia, David Waxman, Jourdan Garvey, Josh Pasker, Chris Hall, Scott Patterson, Richard Frazier, Joe Ourth
Industries Health Care
One year ago – in early 2020 – most of us did not know what COVID-19 meant (co-Corona; vi-Virus; d-disease; 19 – 2019); had no idea how to “zoom”; did not know what social distance meant; and, were largely unfamiliar with working from home on a normal weekday and certainly not week after week and month after month. The health care delivery system has had to react as well – and is still doing so! Institutional and individual providers have demonstrated to all they are the true HEROES of this pandemic. And their work is not done, even as the roll-out of vaccines continues to increase in numbers...
Article
Published 02/15/2021
Services Labor and Employment
Alert
Published 02/11/2021
By Darius C. Gambino, Leah D. Leyendecker, Zachary B. Kizitaff
Industries Sports and Entertainment
In recent years, businesses of all shapes and sizes have seized upon opportunities to advertise within the video game industry, and particularly in connection with esports games. As an example, BMW signed global partnership agreements with five major esports teams last year (Cloud9, Fnatic, FunPlus Phoenix, G2 Esports, and T1 Entertainment & Sports). Each of these five teams have one thing in common – they all play in esports tournaments for the game League of Legends ( LoL ). LoL has been the most-watched esports game for several years running. Big brands like BMW want to engage with a...
Alert
Published 02/11/2021
By Bruce D. Armon, Samantha Gross
Industries Health Care
In the first settlement under the Biden Administration, on February 10th the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced a settlement of a fifteenth enforcement action under its HIPAA Right of Access Initiative (the “Initiative”). The Initiative is an OCR enforcement priority to support individuals’ right to timely access their health records at a reasonable cost under the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule. Earlier this year, a large health system agreed to pay $200,000 under the Initiative. In...
Article
Published 02/11/2021
Alert
Published 02/09/2021
By Sarah Lockwood (Sally) Church, Dasha G. Brockmeyer, Andrew J. Daly
Services Employee Benefits and Executive Compensation
Many employers in both the for-profit as well as non-profit sectors have responded to the challenges of the pandemic through reductions in force. Depending upon the scope of these reductions in force, the retirement plans that these employers sponsor may have experienced a partial termination. The Tax Code’s partial termination rule applies to all retirement programs, including defined benefit plans, 401(k) plans and tax-deferred annuity programs under 403(b). Generally, partial terminations occur when a significant amount of active participants are no longer eligible to participate in the...
Alert
Published 02/09/2021
By Melissa A. Clarke
Services Environmental
On February 8, 2021, the New Jersey Department of Environmental Protection announced a Notice of Rule Waiver/Modification/Suspension , pursuant to Executive Order 103 (which declared a Public Health Emergency and State of Emergency), further extending certain remediation timeframes based on the unprecedented circumstances presented by the COVID-19 pandemic (“Temporary Rule Modification”). Perhaps most significantly, this Temporary Rule Modification grants a one-year extension to the May 2021 Remedial Action timeframe under the Site Remediation Reform Act (“SRRA”). Notices of Rule Waiver/...
Blog Post
Published 02/09/2021
By Judith B. Kassel, Sunu M. Pillai
Blog Post
Published 02/09/2021
By Sarah Lockwood Church, Andrew J. Daly, Dasha G. Brockmeyer
Alert
Published 02/08/2021
By Andrea P. Brockway, Tricia M. Kazinetz, Amy L. Piccola
Industries Higher Education
There has been a flurry of activity in the name, image, likeness (“NIL”) arena over the past several months. We previously discussed the NCAA’s about-face decision to permit student-athlete compensation, as well as related ongoing state and federal efforts, here , and the NCAA NIL Working Group’s recommendations here . Recently, the NCAA’s formal approval of its proposed rule permitting NIL compensation for certain endeavors by student-athletes was stymied by a January 8, 2021 letter from the Antitrust Division of the U.S. Department of Justice. In the letter, then Assistant Attorney General...
Article
Published 02/08/2021
Services Labor and Employment
Alert
Published 02/05/2021
By Judith B. Kassel, Sunu M Pillai
Industries Construction
Strengthening Buy American statutes have been a rare area of bipartisan agreement in the current fractured political climate. In the final days of the Trump Administration, the Department of Defense (“DOD”), General Services Administration, and National Aeronautics and Space Administration jointly issued new regulations, amending the Federal Acquisition Regulations (FAR) to implement Executive Order 13881, “Maximizing Use of American-Made Goods, Products, and Materials.” On January 25, 2021, President Biden signed Executive Order 14005, “Ensuring the Future Is Made in All of America by All of...
Alert
Published 02/04/2021
By Michael A. Finio
Services Antitrust
On February 1, the FTC gave notice that on February 2, new Hart-Scott-Rodino (“HSR”) thresholds would be published in the Federal Register, to take effect March 4, 2021. See Federal Register: Revised Jurisdictional Thresholds for Section 7A of the Clayton Act . For purposes of determining whether an HSR filing is required, and as a result of the COVID-19 related economic downturn, the new thresholds are a reduction from 2020 thresholds, as follows: In addition, for purposes of the prohibition against interlocking directorates, competing corporations must have capital, surplus and undivided...
Blog Post
Published 02/04/2021
By Dena B. Calo, Anamika Roy
