Alert
Published 12/03/2021
Industries Health Care
On November 30, 2021, the United States Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced its five actions – four settlements and corrective action plans, and one civil money penalty in the amount of $100,000 – under its HIPAA Right of Access Initiative. This announcement is a continuation of OCR’s efforts to ensure individuals can access their health records in a timely manner – within 30 days of a request – and at a reasonable cost under the HIPAA Privacy Rule. OCR has now announced twenty-five enforcement actions since the initiative began in 2019; our...
Alert
Published 12/03/2021
Services Employee Benefits and ERISA Litigation
This month’s Friday Five discusses cases that focus on what information properly constitutes the administrative record before the court on which a decision must be based. One case explores the ERISA Records Rule which limits an insurer’s ability to supplement the administrative record, and another case explores whether a claimant can obtain a “full and fair review” if she is precluded from reviewing and commenting on the results of an IME. Other cases examine the potential for non-ERISA claims where a claimant questions the existence of a plan, exhaustion of administrative remedies, and...
Alert
Published 12/01/2021
Industries Government Contracts
Services Labor and Employment
President Biden recently issued an Executive Order titled Executive Order on Nondisplacement of Qualified Workers Under Service Contract s (“EO”). The EO reinstates the requirement first introduced by President Obama, and later revoked by the Trump Administration, directing Federal Agencies to include a clause in Federal Government service contracts requiring the follow-on contractor to offer predecessor contractor employees the right of first refusal to continue in their jobs. A “service contract” includes any contract or subcontract for services covered by the Service Contract Act of 1965,...
Podcast episode
Published 12/01/2021
Practice areas Cybersecurity and Privacy
In this episode, host Kermit Nash, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, speaks with colleague Sandy Bilus, co-chair of the firm’s Cybersecurity and Privacy Practice, about how cyber criminals are targeting agribusiness and food companies and the ways these companies are vulnerable to cybersecurity attacks, such as ransomware attacks that significantly disrupt operations. They discuss three key steps that companies should be taking right now to help handle and prepare for cyber threats, including having comprehensive information security programs, viable data backups, and written incident response plans in place, as well as cyber insurance.
Videos
Published 12/01/2021
Services : Emerging Company and Entrepreneur Services
In this episode of “The Entrepreneur Advisor, ” Steven Malitz discusses the first three tips in his top 20 negotiation tips for businesses. Steven covers “selling up to come down;” “avoiding making the first offer;” and “how to create leverage in a negotiation.”
Alert
Published 11/23/2021
Services Environmental
Two studies confirming the increase of precipitation across New Jersey over the last 20 years due to climate change will provide a scientific basis for the continuing development of an initiative, known as Protecting Against Climate Threats (“NJPACT”) required by Governor Phil Murphy’s Executive Order No. 100, and NJDEP’s Administrative Order No. 1, according to NJDEP Commissioner Shawn LaTourette. The Executive and Administrative orders call for NJDEP to implement regulatory reform to help reduce greenhouse gases as well as aid in making the natural and built environment more resilient to...
Blog Post
Published 11/23/2021
By Jeffrey S. Glaser
Alert
Published 11/19/2021
Industries Energy
The Infrastructure Investment and Jobs Act, which was signed into law by President Joseph Biden earlier this month, includes an important, permanent streamlining to the federal permitting and environmental review process for large infrastructure projects. The $1.2 trillion legislative package also includes an incentives program for the country’s struggling nuclear power plants, and it provides a more promising future for the country’s hydrogen energy production efforts. What You Need To Know The newly-minted Infrastructure Investment and Jobs Act offers a range of new opportunities in a range...
Article
Published 11/18/2021
Services Labor and Employment
Alert
Published 11/18/2021
Industries Health Care
Services White Collar and Government Enforcement
On November 8, 2021, the United States Department of Health and Human Services (HHS) Office of Inspector General (OIG) released an updated Self-Disclosure Protocol (SDP) ( here ). The revision of the SDP is an important development for all health care providers and suppliers across the health care delivery system spectrum that are subject to OIG’s civil monetary penalty (CMP) authority including, among others, hospitals, physicians, pharmaceutical and medical device manufacturers. The SDP notes that between 1998 and 2020, HHS OIG resolved more than 2,200 disclosures which resulted in...
Alert
Published 11/17/2021
Services Cybersecurity and Privacy | White Collar and Government Enforcement
The U.S. Federal Government through its Financial Crimes Enforcement Network (“FinCEN”) revised last year’s Advisory on the Use of the Financial System to Facilitate Ransom Payments. In short, the U.S. Government is underscoring the importance of due-diligence and compliance obligations required by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”). [2] What You Need to Know: In response to increased frequency and severity of ransomware attacks, FinCEN has updated and replaced its October 1, 2020 Advisory on Ransomware and the Use of the Financial System to Facilitate...
Article
Published 11/15/2021
Industries Cannabis Law
Services Labor and Employment
Blog Post
Published 11/15/2021
By Brandon A. Brauer, Jordan D. Rosenfeld
Blog Post
Published 11/11/2021
By Brandon A. Brauer, Jordan D. Rosenfeld
Article
Published 11/09/2021
Article
Published 11/08/2021
Services Intellectual Property | Patents
