Alert
Published 06/22/2022
Services Intellectual Property
Counterfeiting is seldom discussed in popular culture, but as a crime it is one of the most lucrative, eclipsing even the drug trade. In 2017, counterfeiting was responsible for almost $1 trillion in illegal sales. Incredibly, counterfeiting accelerated during the COVID-19 pandemic. That was caused in part to a change in the habits of consumers resulting from the pandemic What You Need to Know: A large amount of purchasing decisions moved online since 2020 and that does not appear to have changed into the third year of the pandemic. It was not uncommon for businesses to furlough and lay off...
Article
Published 06/16/2022
Industries Sports and Entertainment
Services Employment Litigation | Labor and Employment
Article
Published 06/16/2022
Industries Sports | Sports and Entertainment
Alert
Published 06/15/2022
Industries Health Care | HIPAA / Health Information Privacy and Security
On June 13, 2022, the U.S. Department of Health and Human Services Office for Civil Rights issued guidance (the “Guidance”) for covered health care providers and health plans relating to the use of remote communication technologies to provide audio-only telehealth services in a manner that is compliant with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, and Breach Notification Rules (collectively, the “HIPAA Rules”) after the federal public health emergency ends. What You Need to Know: The COVID-19 public health emergency is scheduled to expire...
Blog Post
Published 06/13/2022
By James Rohlfing
Videos
Published 06/07/2022
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 #16 and #17: “Create a sense of urgency” and “Don’t terminate talks; adjourn for the day.”
Blog Post
Published 06/07/2022
By Jason Tremblay, Alexander Reich
Article
Published 06/06/2022
Industries Cannabis Law
Services Regulatory Compliance and Government
Alert
Published 06/03/2022
Industries Insurance
Services Employee Benefits and ERISA Litigation | Litigation
This month’s Friday Five covers cases relating to an award of attorney’s fees (but not) costs, class certification in an ERISA benefits case, a court finding that a physician claimant was disabled from his own occupation, a claimant paying into insurance he thinks he has, and an insurance company using interpleader and jurisdiction to its advantage. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team June 3, 2022 | By Amy Kline , Caitlin Strauss and Chris Klein Court Awards Attorney’s Fees for Preparation of Rule 59(e) Motion But Denies Costs Because of Failure to...
Article
Published 06/02/2022
Industries Higher Education
Alert
Published 06/01/2022
Industries Higher Education
On April 28, 2022, the U.S. Supreme Court held in Cummings v Premier Rehab Keller, P.L.L.C . that emotional distress damages are not recoverable in a private action to enforce several civil rights statutes. While Cummings focused on damages available under the Rehabilitation Act and the Affordable Care Act, the Court addressed two other Spending Clause statutes that similarly prohibit discrimination based on certain protected grounds: Title VI of the Civil Rights Act of 1964 (“Title VI”) and Title IX of the Education Amendments of 1972 (“Title IX”), signaling that the Court’s restriction of...
Article
Published 06/01/2022
Alert
Published 06/01/2022
Industries Energy
Services Environmental | Environmental, Social and Governance (ESG)
On May 26th, the EPA released an update of its Legal Tools to Advance Environmental justice – a compilation of the legal authorities it relies upon to protect public health and the environment for all persons in EJ and all communities. The tool kit replaces the “Plan EJ 2014 Legal Tools” and provides a review of laws and legal authorities that can be used to address environmental justice issues. The release of the updated “Legal Tools” demonstrates the continued emphasis on environmental justice across federal agencies under the Biden administration. What You Need to Know: Companies that...
Podcast episode
Published 05/26/2022
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with Brian Berger, principal and founding partner of JBH Advisory Group, which provides a variety of advisory services to stakeholders involved in scalable food service throughout the hospitality industry. They discuss the challenge of trying to maintain consistency in an industry where the product experience can never be the same twice, and how tools such as data analytics and strategic purchasing can be leveraged to that end. They also examine how innovations developed years ago, such as ghost kitchens and ventless cooking methodologies, have helped operators in the food and beverage industry adapt to pandemic-related challenges, particularly labor shortages and supply chain issues.
Alert
Published 05/23/2022
Industries Higher Education | Sports | Sports and Entertainment
On Monday, May 9, 2022, the NCAA Division I Council Working Group on Name, Image and Likeness released new guidance regarding third-party involvement in NIL activities. The guidance comes as we approach the one-year anniversary of the NCAA’s Interim NIL Policy allowing NCAA student-athletes the opportunity to benefit from their NIL, which took effect July 1, 2021. Saul Ewing Arnstein & Lehr Attorneys have been closely following NIL developments, including tracking legislative efforts at both the federal and state levels here . What You Need to Know: NIL “collectives” may be considered...
Article
Published 05/19/2022
Services Cybersecurity and Privacy