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Podcast episode
Published 11/18/2020
From More Delivery, Takeout and Outdoor Dining Options to Financial Relief – How Restaurants Have Managed Throughout the Pandemic

In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with the Firm’s Labor and Employment Practice vice-chair Dena Calo and Carrie Leishman, president and CEO of the Delaware Restaurant Association, about how the restaurant industry has managed throughout the pandemic and the potential road ahead. They discuss how the industry is fighting hard to adopt new practices with more delivery, takeout and outdoor dining options as well as safety measures, while also getting some financial assistance from the government. In addition, Carrie talks about rolling out a rapid workforce training program to help increase restaurant workers’ chances of reemployment, upskilling and higher wages, and also about the association’s work to assist women in the hospitality industry.

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Podcast episode
Published 11/18/2020
From Business Viability and Cashflow Analysis to First Payment Rights – Restructuring and Bankruptcy Considerations for the Food, Beverage and Agribusiness Industry

Host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Barry Chatz, a partner in the Firm’s Bankruptcy and Restructuring Practice, on a variety of financial issues and restructuring and bankruptcy tools and considerations for FBA companies, including how many have shortened their periods of cashflow analysis from quarterly to weekly or daily to determine if they can survive. Barry explained how certain federal laws, such as the Perishable Agricultural Commodities Act and Packers and Stockers Act, help ensure that full payments are first made to producers and wholesalers of agricultural products before others.

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Alert
Published 11/18/2020
New Eviction Executive Order: November 2020
By Laura Lau Marinelli, Vincent M. Canale
Industries Condominium and Community Associations
Executive Order 2020-72 Allows Limited Resumption of Eviction Lawsuits for Collection of Unpaid Assessments by Illinois Condominium and Common Interest Community Associations. Since the onset of the COVID pandemic, Governor Pritzker’s Executive Order issued on April 23, 2020 has prohibited the commencement of any eviction actions, thereby preventing associations from pursuing collection of assessments through the eviction process. But on November 13, 2020, Gov. Pritzker issued new Executive Order 2020-72 (click here for a copy) which may finally provide associations with some relief. While...
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Alert
Published 11/18/2020
The California Privacy Rights Act of 2020: How to Comply with the Newest Privacy Law
By Alexander (Sandy) R. Bilus
Services Cybersecurity and Privacy
On November 3, 2020, Californians went to the polls and voted in favor of making sweeping changes to their existing state privacy law. Proposition 24, known as the California Privacy Rights Act of 2020 (“CPRA”), modifies and expands on the California Consumer Privacy Act of 2018 (“CCPA”). The CPRA creates new and expanded rights for California residents and new compliance obligations for businesses. It creates a new agency, the California Privacy Protection Agency, that is tasked with implementing regulations and conducting investigations and enforcement actions. This article explains the key...
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Blog Post
Published 11/18/2020
Best Practices in Pennsylvania Public Construction Preparation of the “Front-End” Bidding Requirements
By William W. Warren, Jr.
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Alert
Published 11/16/2020
Two Different Medical Practices Agree to Settlements in OCR’s 10th and 11th HIPAA Right of Access Initiative Enforcements
By Bruce Armon, Samantha Gross
Industries Health Care | HIPAA / Health Information Privacy and Security
Services Cybersecurity and Privacy
The Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) recently announced it had settled its 10 th and 11 th enforcement actions in its HIPAA Right of Access Initiative (the “Initiative”). The Initiative is an OCR enforcement priority to ensure individuals can easily and timely access their health records at a reasonable cost under the Health Insurance Portability and Accountability Act (“HIPAA”). These settlements follow several other recent OCR settlements under the Initiative including against NY Spine Medicine , St. Joseph’s Hospital and Medical...
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Videos
Published 11/13/2020
Real Estate Financing Options Webinar
Industries Real Estate
As the COVID pandemic runs its course, we have seen institutional lending narrow to limited assets and transactions, with fewer lenders making funds available. Listen to our panel of experts and direct lending providers to learn about the financing sources that are making capital available to developers and property owners today.
Watch Video
Alert
Published 11/11/2020
Wheels Are in Motion for Recreational Marijuana in New Jersey and Several Other States
By Jonathan Havens, Ruth Rauls, Paige Berry, Matthew Smith
Industries Cannabis Law
The clear winner after the November 3 election was marijuana. In four states – New Jersey, Arizona, South Dakota and Montana – voters approved initiatives to legalize recreational marijuana. South Dakota and Mississippi also voted to approve medical marijuana. The legalization of adult-use marijuana in New Jersey puts significant pressure on other states in the region, including New York, Pennsylvania and Connecticut, to follow suit quickly or risk missing out on significant revenue from adult-use marijuana sales. The governors of each of those three states recently made statements about the...
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Article
Published 11/10/2020
Legal Brief: COVID and the Courts
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Alert
Published 11/09/2020
Clarity in Massachusetts for Insurers on Medical Marijuana Reimbursement
By Joseph D. Lipchitz, Zachary Berk
Industries Cannabis Law | Insurance
On October 27, 2020, the Massachusetts Supreme Judicial Court ruled that insurance companies could not be compelled to reimburse employees for medical marijuana expenses pursuant to the worker’s compensation scheme that requires reimbursement of necessary and reasonable medical expenses. Daniel Wright’s Case , - - Mass. - -; 2020 WL 6293431 (Oct. 27, 2020). The Court analyzed the interplay between the state medical marijuana law, the state worker’s compensation insurance scheme, and the federal Controlled Substances Act, 18 U.S.C. §841 (“CSA”), which criminalizes the possession and use of...
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Alert
Published 11/06/2020
The Friday Five: Five Current ERISA Litigation Highlights - November 2020
This month’s Friday Five covers cases relating to personal liability of medical reviewers, when notice violations arise to a claim for relief, how plans must delegate discretionary authority, the rights of plans to terminate benefits, and when fee shifting might not be appropriate on a decision to remand a claim to the administrator. Novmber 6, 2020 | By Amy Kline , Caitlin Strauss and Michael Joyce Medical Reviewer Cannot Be Personally Liable for a Denial of Benefits. The plaintiff, proceeding pro se , sued a number of parties related to the termination of her disability benefits. The court...
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Blog Post
Published 11/06/2020
U.S. Court of Appeals Holds That Loan Proceeds Qualify as Cash, Not Indebtedness, For EB-5 Purposes
By Steven C. Reingold, Rohit Kapuria
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Article
Published 11/05/2020
How Schools Should Handle Bias Allegations On Social Media
Industries Higher Education | K-12 Schools
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Alert
Published 11/05/2020
City Health Department Agrees to Pay $202,400 for Alleged HIPAA Violations
By Bruce Armon, George Magnatta, Samantha Gross
Industries Health Care | HIPAA / Health Information Privacy and Security
Services Cybersecurity and Privacy
On October 30, 2020, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $202,400 Resolution Agreement and Corrective Action Plan (CAP) with the City of New Haven, Connecticut (New Haven) to resolve potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules. The Resolution Agreement is not an admission of liability by New Haven and the city is not liable for civil monetary penalties. This OCR settlement is an important reminder that governmental entities that are or have HIPAA-covered...
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Article
Published 11/05/2020
Can Employers Still Require Arbitration in New York and New Jersey?
Services Labor and Employment
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Article
Published 11/03/2020
Avoiding the aura of fraud in organic certification
Industries Food, Beverage and Agribusiness
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