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The 2021 calendar year reports from HHS OCR describe OCR’s efforts that calendar year and are instructive tools for all parties who need to comply with HIPAA to understand macro-level trends. What You Need to Know: OCR continues to receive tens of thousands HIPAA complaints each year. “Large”...

On February 17, 2023, the Illinois Supreme Court held that an entity violates the Illinois Biometric Information Privacy Act (“BIPA”) each and every time it fails to fully comply with BIPA’s strenuous collection and dissemination requirements. The Court’s holding, derived from the case of Cothron v...

On February 2, 2023, the Illinois Supreme Court weighed in and answered a question that had previously remained uncertain and hotly contested in recent years: how long is the statute of limitations for claims under the Illinois Biometric Information Privacy Act (“BIPA”)? According to the Supreme...

On January 6, 2023, the Biden Administration released an interim Guidance on the Consideration of Greenhouse Gas Emissions and Climate Change to assist federal agencies to “better assess and disclose climate impacts” of their policies. See NEPA Guidance on Consideration of Greenhouse Gas Emissions...

The Federal Trade Commission (“FTC”) is soliciting public comment on its Guides for the Use of Environmental Marketing Claims (“Green Guides”), as part of its analysis of whether to modify, retain, or rescind the Green Guides. The issues raised in the Green Guides potentially impact any company that...

On November 9, 2022, the New York Department of Financial Services (“NYDFS”) published proposed amendments (the “Proposed Amendments”) to its Cybersecurity Regulations (23 NYCRR 500), commonly referred to as Reg. 500. The comment period for these Proposed Amendments ends on January 9, 2023...

Class Action Lawsuits Stemming From Use of Session Replay Software Are on the Rise In an effort to enhance customer experience, many businesses and institutions have their public-facing websites collect information with the use of cookies, web beacons, chat bots, and/or “session replay” software...

On December 15, 2022, the National Labor Relations Board’s Los Angeles regional office determined that an unfair labor practice charge (ULP) alleging that student-athletes should be classified as employees has “merit.” The National College Players Association filed the ULP in February 2022 against...

On December 15, 2022, the United States Environmental Protection Agency (USEPA) published the final amendment to the All Appropriate Inquiry Rule (40 CFR Part 312) (AAI Rule) that establishes the environmental due diligence needed to be eligible for liability protections under the federal superfund...

As always, the new year also brings many new employment laws for California employers. Except as indicated below, they become effective January 1, 2023. The following is a summary of state laws only. Employers need to remember that local jurisdictions frequently have higher requirements that must be...

Two federal programs administered by the United States Environmental Protection Agency (the “EPA”) provide financial assistance in the form of grants and rebates to public and non-profit entities seeking to replace their existing buses and trucks into clean vehicles. The most recent program was...

October was National Cybersecurity Month. As part of its ongoing focus on HIPAA Security Rule awareness and compliance, the Office for Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”), published its HIPAA Security Rule Incident Procedures newsletter (the “Newsletter”)...

The Inflation Reduction Act (the “IRA”), signed into law on August 16, 2022, appropriates nearly $27 billion to provide financial assistance to certain entities in their efforts to reduce greenhouse gases. This “Greenhouse Gas Reduction Fund” (the “Fund”) is available to a wide range of recipients...

On October 17, 2022, the New Jersey Department of Environmental Protection (NJDEP) published interim soil remediation standards (Interim SRS) in the NJ Register (54 N.J.R. 1980(a)) for four per- and polyfluoroalkyl substances (PFAS) compounds: perfluorononanoic acid (PFNA); perfluorooctanoic acid...

On October 25, 2022, the Equal Employment Opportunity Commission (EEOC) issued Frequently Asked Questions (FAQs) about its new “Know Your Rights” poster that it had issued that had been available for upload on October 19, 2022. The FAQs clarify: There is not a specific deadline for employers to...

On October 19, 2022, the federal Equal Employment Opportunity Commission (EEOC) released an updated poster that must now be posted. The new poster, which is titled “Know Your Rights”, replaces the previous “EEO is the Law” poster. The new poster now includes a QR code for applicants and employees to...

The close of California’s legislative session on August 31 without amending the California Consumer Privacy Act (“CCPA”) means that CCPA will soon apply to personal information that many businesses process concerning their employees, contractors, and applicants. CCPA had been amended in November of...

A spate of lawsuits across the country has targeted companies that use website tracking and analytics tools, claiming they are violating prohibitions against illegal wiretaps. In a recent precedential decision, the Third Circuit weighed in on this issue, suggesting that companies can indeed be...

The California Attorney General began exercising enforcement authority under the CCPA on January 1, 2020. Among the CCPA’s enumerated rights for consumers, the cornerstone of the CCPA, is the right to opt out of the collection of personal information. In Sephora’s case, the Attorney General...

On July 27, 2022, Florida Governor Ron DeSantis announced legislative proposals and initiatives that would prevent State Board of Administration (SBA) fund managers from considering environmental social and governance (ESG) factors when investing the state’s money. Instead, the proposed legislation...

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