Article
Published 04/13/2022
Industries Higher Education
Services Labor and Employment
Blog Post
Published 04/13/2022
By Zachary Kimmel, Carolyn A. Pellegrini
Alert
Published 04/11/2022
Industries Insurance
Services Environmental, Social and Governance (ESG)
“Environmental, Social, and Governance,” often referred to as “ESG,” are core themes currently circulating throughout the insurance industry – and they are likely to remain an important focus of the insurance industry for many years to come. One recent ESG development is the NAIC’s adoption of enhanced climate survey disclosure requirements. Specifically, on March 21, 2022, the NAIC’s Climate and Resiliency (EX) Task Force adopted additional annual disclosure requirements concerning an insurer’s financial exposure to environmental risks. Any insurer with a national written premium amount of...
Article
Published 04/08/2022
Industries Ports and Maritime
LEGAL ISSUES IN THE CURRENT SUPPLY CHAIN NIGHTMARES IN OCEAN SHIPPING By Paul Heylman and Matt Antonelli The article provides a comprehensive legal analysis of the development, substance, and implications of the Federal Maritime Commission’s new rules on free time, detention and demurrage, and what they mean for shippers, ocean carriers, and other stakeholders involved in ocean shipping. Heylman and Antonelli, Legal Issues in the Current Supply Chain Nightmares in Ocean Shipping, 88 J. Transp. L. Logist. & Pol'y. 83.
Alert
Published 04/07/2022
Industries Higher Education
The Department of Justice (“DOJ”) published, on March 18, 2022, new “ Guidance on Web Accessibility and the ADA ” (the “Guidance”). For colleges and universities, the Guidance offers some help as to how to best satisfy their obligations under the Americans with Disabilities Act (“ADA”) to provide an accessible web presence and try to avoid risk in connection with web accessibility. What You Need To Know: Colleges and universities should focus on ensuring that all posted content within their web presence complies with the Web Content Accessibility Guidelines and Section 508 Standards...
Podcast episode
Published 04/05/2022
Practice areas White Collar and Government Enforcement
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Jennifer Beidel, co-chair of the firm’s White Collar and Government Enforcement Practice and a former federal prosecutor, about internal investigations. Jen and Jonathan discuss that, given the heavily regulated nature of the food, beverage, and agribusiness industries, internal investigations regarding potential regulatory violations are common. The two further discuss that internal investigations in the space could also involve allegations of misconduct or criminal issues. Jen guides listeners through the goals of the investigation at the outset, looking for potential conflicts between the group running the investigation and the witnesses to be interviewed, how best to keep the information being investigated privileged, and deciding how and when to report findings to the appropriate regulatory body. Jen and Jonathan emphasize the importance of having a robust compliance program in place and thinking through a preliminary investigative plan before it is needed to understand compliance trends and help reduce risk.
Videos
Published 04/05/2022
Services : Emerging Company and Entrepreneur Services
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #12 and #13: “Create power with knowledge” and “Determine your opponent’s needs.”
Alert
Published 04/01/2022
Services Corporate
Proposed regulations (the “Proposed Regulations”) recently published by the Secretary of the Treasury under the Corporate Transparency Act (the “CTA”) make it clear that reporting under the CTA is imminent for owners of closely-held businesses. What You Need to Know : • The Corporate Transparency Act will require disclosures to the US Department of Treasury for almost all business entities ​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...
Article
Published 04/01/2022
Industries Energy
Services Environmental | Environmental, Social and Governance (ESG)
Alert
Published 04/01/2022
Industries Insurance
Services Employee Benefits and ERISA Litigation | Litigation
This month’s Friday Five covers cases relating to: (1) whether claim administrators can recover overpayments through a breach of contract claim under state law; (2) whether claim administrators can rely solely on a claimant’s medical records for a benefits determination; (3) what evidence supports the standard that claim administrators apply versus their mechanism for conducting an investigation; (4) whether an insufficient independent medical examination serves as grounds for overturning a benefits decision; and (5) how a court will interpret policy language that provides a limitation for...
Alert
Published 03/31/2022
Industries Health Care | HIPAA / Health Information Privacy and Security
On March 28, 2022, the United States Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced the resolution of three investigations and one matter before an Administrative Law Judge related to compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule. ​ What You Need to Know: Each of these actions involved small health care practices or sole practitioners. Health care providers of every size (not just hospitals and health systems!) and their business associates should see these enforcement actions as a reminder of the...
Alert
Published 03/31/2022
Services Cybersecurity and Privacy
On March 15, 2022, the U.S. District Court for the Northern District of Illinois held in the case of Rogers v. BNSF Railway Company , No. 19-C-3083, 2022 WL 787955 (N.D. Ill. Mar. 15, 2022) (slip copy) that the Federal Railway Safety Act (“FRSA”), the Interstate Commerce Commission Termination Act (“ICCTA”), and the Federal Aviation Administration Authorization Act (“FAAAA”) do not preempt a claim under the Illinois Biometric Information Privacy Act (“BIPA”). The Court also held that for statute of limitations purposes, an individual’s claim accrues anew upon each BIPA violation they are...
Article
Published 03/28/2022
Services Corporate | Securities Transactions and Regulations
Blog Post
Published 03/24/2022
By Lisa M. Koblin, Zachary Kimmel
Alert
Published 03/23/2022
Services Corporate | Cybersecurity and Privacy
The SEC voted on March 9, 2022, by a vote of three to one, to propose regulations “to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies” and strengthen investors’ ability to evaluate public companies' cybersecurity practices and incident reporting. What You Need to Know: If adopted, the proposed rules would: Require current reporting about material cybersecurity incidents on Form 8-K; Require periodic disclosures regarding a company’s: policies and procedures to identify and manage cybersecurity risks...
Blog Post
Published 03/18/2022
By Francis X. Riley III
