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
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...
Article
Published 10/28/2021
Services Corporate
Blog Post
Published 10/27/2021
By Jeffrey S. Glaser
Article
Published 10/26/2021
Industries Construction
Blog Post
Published 10/25/2021
By Brandon A. Brauer
Article
Published 10/21/2021
Article
Published 10/20/2021
Services Labor and Employment
Article
Published 10/19/2021
Industries Cannabis Law
Services Mergers and Acquisitions
Alert
Published 10/19/2021
By Ashley Miller
Services Labor and Employment
In a case of first impression, the federal court in Matias v. Terrapin House, Inc ., denied an employer’s motion to dismiss an employee’s suit that alleged she was terminated in violation of the Americans with Disabilities Act (ADA) and the Families First Coronavirus Response Act (FFCRA) after testing positive for COVID-19—providing a potential roadmap for future COVID “regarded as” ADA claims. What You Need to Know : Employee had plausibly alleged a “regarded as” disability claim under the ADA where she claimed that her employer knew that she was suffering a loss of taste and smell due to...
Alert
Published 10/18/2021
By Levi Schy, Patrick Nugent, Josh Richards, Candace McLaren, Kathryn Beaumont Murphy and James Keller
Industries Higher Education | K-12 Schools
On October 13, 2021, in connection with World Mental Health Day (October 10), the U.S. Department of Education’s Office for Civil Rights (“OCR”) and the U.S. Department of Justice’s Civil Rights Division (“CRT”) jointly issued a fact sheet , entitled, Supporting and Protecting the Rights of Students at Risk of Self-Harm in the Era of COVID-19 . OCR also released a letter to educators , outlining the civil rights obligations of K-12 and postsecondary schools to students with mental health disabilities. These documents provide important insight into the Biden-Harris Administration’s view on the...
Videos
Published 10/14/2021
Industries Video Gaming and Esports
In this episode of "Lawyers With Game," host Darius Gambino and Leah Leyendecker from Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice sit down with Nicole DuCane Spencer, Vice President of Sales at the Wisdom Gaming to talk advertising and activations in esports and video games. They discuss Wisdom’s long-term partnership with Riot Games and their recent selection as North American tournament organizer for League of Legends: Teamfight Tactics, Wisdom’s new studio venture at the Mall Of America in Minneapolis, Nicole’s experiences with brand activations in games; co-...
Blog Post
Published 10/13/2021
By Gregory M. Boucher