Alert
Published 11/23/2021
Services Environmental
Two studies confirming the increase of precipitation across New Jersey over the last 20 years due to climate change will provide a scientific basis for the continuing development of an initiative, known as Protecting Against Climate Threats (“NJPACT”) required by Governor Phil Murphy’s Executive Order No. 100, and NJDEP’s Administrative Order No. 1, according to NJDEP Commissioner Shawn LaTourette. The Executive and Administrative orders call for NJDEP to implement regulatory reform to help reduce greenhouse gases as well as aid in making the natural and built environment more resilient to...
Blog Post
Published 11/23/2021
By Jeffrey S. Glaser
Alert
Published 11/19/2021
Industries Energy
The Infrastructure Investment and Jobs Act, which was signed into law by President Joseph Biden earlier this month, includes an important, permanent streamlining to the federal permitting and environmental review process for large infrastructure projects. The $1.2 trillion legislative package also includes an incentives program for the country’s struggling nuclear power plants, and it provides a more promising future for the country’s hydrogen energy production efforts. What You Need To Know The newly-minted Infrastructure Investment and Jobs Act offers a range of new opportunities in a range...
Article
Published 11/18/2021
Services Labor and Employment
Alert
Published 11/18/2021
Industries Health Care
Services White Collar and Government Enforcement
On November 8, 2021, the United States Department of Health and Human Services (HHS) Office of Inspector General (OIG) released an updated Self-Disclosure Protocol (SDP) ( here ). The revision of the SDP is an important development for all health care providers and suppliers across the health care delivery system spectrum that are subject to OIG’s civil monetary penalty (CMP) authority including, among others, hospitals, physicians, pharmaceutical and medical device manufacturers. The SDP notes that between 1998 and 2020, HHS OIG resolved more than 2,200 disclosures which resulted in...
Alert
Published 11/17/2021
Services Cybersecurity and Privacy | White Collar and Government Enforcement
The U.S. Federal Government through its Financial Crimes Enforcement Network (“FinCEN”) revised last year’s Advisory on the Use of the Financial System to Facilitate Ransom Payments. In short, the U.S. Government is underscoring the importance of due-diligence and compliance obligations required by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”). [2] What You Need to Know: In response to increased frequency and severity of ransomware attacks, FinCEN has updated and replaced its October 1, 2020 Advisory on Ransomware and the Use of the Financial System to Facilitate...
Article
Published 11/15/2021
Industries Cannabis Law
Services Labor and Employment
Blog Post
Published 11/15/2021
By Brandon A. Brauer, Jordan D. Rosenfeld
Blog Post
Published 11/11/2021
By Brandon A. Brauer, Jordan D. Rosenfeld
Article
Published 11/09/2021
Article
Published 11/08/2021
Services Intellectual Property | Patents
Alert
Published 11/05/2021
Services Employee Benefits and ERISA Litigation
This month’s Friday Five highlights equitable claims under ERISA, the applicability of an arbitration provision that fails to allow for plan-wide remedies, and the ongoing discretion in interpretation and application of certain plan terms. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team November 5, 2021 | By Amy Kline , Caitlin Strauss and Erin E. Westbrook Fifth Circuit Reverses Finding of Waiver of Insurer to Contest Benefits After Finding That Plan Limitation Did Not Apply. The district court reversed the denial of long-term disability benefits, rejecting the...
Alert
Published 11/04/2021
Services Labor and Employment
On November 4, 2021, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) released the much anticipated emergency temporary standard (“ETS”) regarding vaccination and testing required by an earlier White House Executive Order. The ETS is more than 490 pages in length and will be officially published in the Federal Register on Friday, November 5th. The first 330 pages outline the legal support and defense of the rule and address requirements for similar regulations regarding technical feasibility, economic analysis of impact, regulator flexibility, among others...
Blog Post
Published 11/03/2021
By Ruth A. Rauls, Dena B. Calo, Erik P. Pramschufer, Zachary Kimmel
Alert
Published 11/01/2021
By Valerie O’Shea Murray
Services Intellectual Property
The case concerns three Stanford patents licensed and asserted by CareDx: U.S. Patent Numbers 8,703,652 (asserted against Natera and Eurofins), and 9,845,497 and 10,329,607 (asserted against Natera). Natera and Eurofins each filed motions for summary judgment of invalidity of the asserted patents under 35 U.S.C. § 101, which the Court initially denied in December 2020. The Court then later denied certification motions for interlocutory appeal and instead ruled sua sponte to reconsider its denial of summary judgment. Following an evidentiary hearing, the Court reversed its previous ruling to...
Alert
Published 11/01/2021
By Alexander (Sandy) R. Bilus
Services Cybersecurity and Privacy
On October 27, 2021, the Federal Trade Commission (“FTC”) issued a Final Rule amending the Standards for Safeguarding Customer Information (also known as the “Safeguards Rule”), 16 C.F.R. Part 314. The Safeguards Rule sets the standards for administrative, technical, and physical protections for customer information collected and used by all financial institutions that are subject to the FTC’s enforcement authority under the Gramm-Leach-Bliley Act (“GLBA”). What You Need to Know : The Safeguards Rule applies to all financial institutions that are subject to the FTC’s enforcement authority...
