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Alert
Published 03/23/2022
SEC Proposes New Cybersecurity Rules for Public Companies
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...
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Blog Post
Published 03/18/2022
CFPB's Use of its UDAAP Authority to Address Illegal Discrimination
By Francis X. Riley III
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Alert
Published 03/17/2022
Considerations for Remote Patient Monitoring Vendors and Providers
Industries Health Care
Services Cybersecurity and Privacy
Remote patient monitoring (“RPM”) refers to the use of digital technologies to monitor and capture medical and other health data from an individual. This data is electronically stored for an individual’s personal use or transmitted to health care providers for assessment. RPM requires a device to digitally record and transmit the recorded physiologic data. The data collected cannot be self-recorded, self-reported, or entered manually by the individual. RPM may also be called telemetry, remote physiologic monitoring, remote monitoring, or remote therapeutic monitoring. ​ What You Need to Know...
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Alert
Published 03/14/2022
Name, Image, Likeness Update: Where We Are Now
Industries Higher Education
Recap: How We Got Here Over the past three years there have been seismic shifts in the landscape of college sports, and these authors forecast even more change on the horizon. A look back at NIL developments will help put the current NIL landscape into context. In October 2019 , following an onslaught of proposed NIL legislation by a number of states (and an enacted NIL law in California), the NCAA shocked many by voting unanimously to “immediately consider” updates to its longstanding prohibition on student-athlete compensation for use of their NIL. But the NCAA stopped short of actually...
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Article
Published 03/14/2022
What Attorneys Look for in Employment Contracts
Industries Health Care
Services Labor and Employment
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Article
Published 03/08/2022
How Employers Can Help Women Regain Ground Lost During Pandemic
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Videos
Published 03/07/2022
Top 20 Negotiation Tips: #10 and #11
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 #10 and #11: "Be quiet and listen” and “Know the players.”
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Alert
Published 03/04/2022
The Friday Five: Five Current ERISA Litigation Highlights - March 2022
This month’s Friday Five explores recent decisions tackling a myriad of issues, including: (1) whether reclassification of a claimant’s health status constitutes an adverse benefit determination; (2) whether remand is the proper remedy for a claim denied on coverage grounds; (3) whether a disagreement over the benefits decision may amount to bad faith; (4) whether attorney fees are admissible as a component of consequential damages; and (5) when extrinsic evidence may be admissible. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team March 4, 2022 | By Amy Kline ,...
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Article
Published 03/01/2022
The 2022 Career Check-Up for Orthopods
Industries Health Care
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Article
Published 02/24/2022
Metaverse Trademarks: Is Your Brand Protected?
Services Intellectual Property
The metaverse is a virtual world where people can socialize, work, play, and transact. Although the concept of the metaverse continues to evolve, it is generally understood to include any immersive, 3D, virtual experience. Rather than a connected, interoperable universe, the metaverse is comprised of virtual worlds created by various organizations all with particularized access, membership, monetization rights, and formats of creative expression. The metaverse allows users to showcase digital forms of art and property, and non-fungible tokens (NFTs) – records of digital ownership stored in...
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Blog Post
Published 02/23/2022
Appellate Court Invalidates Application of New Jersey LAD Amendment
By Ruth A. Rauls, Erik P. Pramschufer
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Alert
Published 02/21/2022
Climate Change the Key as Interstate Pipelines and Shippers Face New Burdens of Proof Under Overhauled FERC Certificate Policy
Industries Energy
Sweeping changes were announced at FERC on Thursday, February 17, 2022, when the majority of Federal Energy Regulatory Commission (FERC) Commissioners (Chairman Glick with Commissioners Clement and Phillips), amid blistering dissents from Commissioners Christie and Danly, voted to approve the Updated Policy Statement on Certification of New Interstate Natural Gas Facilities and the Interim Policy Statemen t (GHG Policy) on consideration of greenhouse gas emissions (GHGs) in natural gas infrastructure projects. The two policy statements together change both the burden of proof and presumptions...
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Alert
Published 02/15/2022
After TransUnion, Lower Courts Grapple With Article III Standing in Data Breach Lawsuits
Services Cybersecurity and Privacy
In a data breach lawsuit, a plaintiff will sue a company that suffered a data breach in which the plaintiff’s personal information was stolen by cyberattackers. The plaintiff will claim that the breach has exposed the plaintiff to an increased risk that criminals will steal their identity at some point in the future. A recurring issue in these lawsuits is whether such an allegation is a sufficiently “concrete” injury such that the plaintiff has standing to bring their claims. Lately, courts have begun to consider the Supreme Court’s recent decision in TransUnion LLC v. Ramirez , 141 S. Ct...
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Article
Published 02/14/2022
Delaware Court Shows Importance of Order of Priority Clauses
Industries Construction | Real Estate
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Blog Post
Published 02/14/2022
Legislature Passes Bill Barring Arbitration of Workplace Sexual Harassment Claims
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Blog Post
Published 02/14/2022
Delaware Court Shows Importance of Order of Priority Clauses
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