Code of Federal Regulations

  • 2020 eDiscovery Industry Snapshot

    2020 eDiscovery Industry Snapshot - At LegalWeek this year, Ipro conducted a survey to capture a snapshot of the eDiscovery industry in 2020, focused on these three areas: - Data sizes - Solution deployments - Use of alternative legal service providers (ALSP) (See Article)

    Feb 26, 2020 7:32 PM

  • E-Filing is Coming, E-Filing is Coming!

    Spreading the news that e-filing is coming might not have quite the same importance as the message delivered by Paul Revere and his fellow riders in 1775 – but e-filing is still worth noting. I attended the Maine State Bar Association winter meeting in January, which gave Maine practitioners a sneak preview of the state courts’ new e-filing system, File & Serve. It was an interesting and informative session. (See Article)

    Feb 26, 2020 7:32 PM

  • DOJ Inside Access Highlights 4 Things to Expect from the False Claims Act in 2020

    Several weeks ago, my colleague Matt Feinberg highlighted “4 Issues That Defined the False Claims Act (FCA) in 2019” and made predictions about anticipated FCA trends for 2020. At the recent 2020 Advanced Forum on False Claims and Qui Tam Enforcement, Department of Justice (DOJ) Deputy Associate Attorney General Stephen Cox (AG Cox) offered inside access to DOJ’s prospective priorities in enforcing and reforming the FCA for 2020. (See Article)

    Feb 26, 2020 7:32 PM

  • [Webinar] Buy, Sell or Lease - Real Estate Primer for School Districts (Pre-K to 12) - March 11th, 12:00 pm ET

    Join Bricker attorneys Amy Bartemes, Nicole Donovsky and Shannon Martin for a discussion on the real estate issues facing school districts, and the various tools available to address those issues. (See Article)

    Feb 26, 2020 7:32 PM

  • Pioneer Drug Maker Throws First Punch At Pharmacy Outsourcing Facilities (503b)

    Azurity Pharmaceuticals, Inc. — a pioneer drug company that markets its FDA-approved oral vancomycin hydrochloride solution, FIRVANQ® — has sued Edge Pharma, LLC, an outsourcing facility operating pursuant to section 503B of the Federal Food, Drug, and Cosmetic Act (FDCA), for compounding an oral vancomycin hydrochloride solution that is identical or nearly identical to FIRVANQ. (See Article)

    Feb 26, 2020 7:32 PM

  • California Appeals Order Barring Enforcement Of New Anti-Arbitration Law

    The State of California filed an appeal last week to challenge a federal court’s order barring California from enforcing a new state law that would curtail workplace arbitration agreements. Unless the State takes some additional action, the lower court’s ban on enforcement of the new law, AB 51, will remain in effect during the appeal. (See Article)

    Feb 26, 2020 7:32 PM

  • [Event] 11th Annual Advanced Forum on Managed Care Disputes and Litigation - May 6th-7th, Chicago, IL

    ACI’s 11th Annual Advanced Forum on Managed Care Disputes and Litigation returns to Chicago this year to help you make sense of these developments, and their profound impact for managed care. Hear from and connect with an outstanding line-up of speakers with a wide range of experience in everything from regulatory developments to class action trends, fraud and antitrust enforcement, payor-provider disputes, risk adjustment, and PBM litigation. (See Article)

    Feb 26, 2020 7:32 PM

  • Shell gets sued over their 401(k) Plan

    Shell Oil, along with Fidelity is the target of a class action 401(k) lawsuit. As typical with a suit against a large billion-dollar 401(k) plan, plaintiffs allege that Shell failed to use the multi-billion dollar 401(k) plan’s bargaining power to benefit participants and beneficiaries in the form of lower recordkeeping and asset management fees. (See Article)

    Feb 26, 2020 7:32 PM

  • LL Surplus Lines Series (Entry 22): Illinois Introduces Changes to Surplus Lines Laws Regarding Declinations and Group Policies

    On February 14, 2020, Illinois introduced legislation (SB3783) that would make significant changes in the manner certain surplus lines placements are made in Illinois. Illinois would be the latest state to amend their surplus lines laws and improve efficiency in the placement of surplus lines risks. (See Article)

    Feb 26, 2020 7:32 PM

  • Vendor Service Contracts - Not Just Arm's Length Transactions Anymore

    The Consumer Financial Protection Bureau's Compliance Bulletin and Policy Guidance; 2016-02, Service Providers addresses the CFPB's expectation that companies oversee their business relationships with service providers in a way that ensures compliance with consumer financial law and establishes a process to manage the risks inherent in service provider relationships... Originally published in Non-Prime Times Magazine on February 24, 2020. (See Article)

    Feb 26, 2020 7:32 PM

  • Alert: SEC Proposes to Modernize MD&A and Other Financial Disclosures

    The SEC has issued a new proposal, part of the Disclosure Effectiveness Initiative, to simplify and modernize Management's Discussion and Analysis of Financial Condition and Results of Operations and the other financial disclosure requirements of Regulation S-K. (See Article)

    Feb 26, 2020 7:32 PM

  • A Periodic Reminder About OSHA Recordkeeping

    Recordkeeping is not a sexy issue to write about, but I would be remiss if I did not periodically remind our readers about their recordkeeping obligations under the Occupational Safety and Health Act (OSHA). First and foremost, don’t forget that the March 2, 2020 deadline for electronically filing OSHA 300A data — the summary of the company’s recordable injuries and illnesses for calendar year 2019 — is fast approaching. (See Article)

    Feb 26, 2020 7:32 PM

  • Wells Fargo Settlement: Part 2 – Cross-Selling

    This week I am exploring the Wells Fargo Department of Justice (DOJ) and Securities and Exchange Commission (SEC) settlement of $3 billion. The case presents multiple lessons for the compliance professional and one very large lesson for the consuming public. (See Article)

    Feb 26, 2020 7:32 PM

  • Seriously Driven Podcast: Mapping a Life of Adventure with Alison Brod

    Candid conversations, unfiltered insights, and a dose of hard-earned wisdom from influential women, committed to helping other women succeed and lead. Alison Brod, founder of Alison Brod Marketing + Communications, rewrote the rules for business success. Nearly 30 years ago she opened the doors to her own company by being generous to others and working her tail off. And that kindness and tenacity created a lot of opportunities for Alison throughout her career. A forceful figure in public relations and marketing communications, Alison talks with Marilyn about the trajectory of her business, how women can incentivize and support each other, and how she orchestrates her life for optimal fun. (See Article)

    Feb 26, 2020 7:32 PM

  • 2020 SEC and FINRA Examination Priorities and Cybersecurity Observations

    During January of 2020, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) issued two reports that highlight the work and priorities of OCIE: on January 7, 2020, OCIE issued its 2020 Examination Priorities and on January 27, 2020, OCIE issued its Cybersecurity and Resiliency Observations. (See Article)

    Feb 26, 2020 5:33 PM

  • After Four Decades, FTC Announces Regulatory Review of The Endorsement Guides: What Does This Portend for Digital Advertisers and Social Media Platforms?

    On February 12, 2020, the Federal Trade Commission (“FTC”) announced that it had voted 5‑0 to approve a proposed Federal Register Notice, seeking comment on whether to make changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the Endorsement Guides”), which were enacted in 1980 and amended in 2009, as part of a systematic review... (See Article)

    Feb 26, 2020 9:33 AM

  • TYLA to launch First Amendment educational website

    The Texas Young Lawyers Association, commonly called the “public service arm” of the State Bar of Texas, will launch Your Voice, Now!, an online learning platform aimed to educate students about student speech and their First Amendment rights, on April 1. The project—which includes educational videos from school law experts, school administrators, parents, and students—also... (See Article)

    Feb 26, 2020 9:33 AM

  • Court Upholds Dogs’ Right to Bark or Growl

    In the case of Grau v. Carroll, No. C-48-CV-2017-09424 (C.P. Northampton Co. March 28, 2019 Roscioli, J.), the court granted the Defendant’s Motion for Summary Judgment in a case where the Plaintiff alleges that she was caused to fall when she was startled by the Defendants’ dog, a golden retriever.  The Plaintiff alleged that the... (See Article)

    Feb 26, 2020 9:33 AM

  • Effective Communication with Insurers – When You Have Good Facts and Law, Focus on the Good Facts and Law

    Effective communication with an insurance company is one of the best tools available to successfully resolve claims. I have heard time and time again from insurance adjusters and defense attorneys that poor communication is one of the chief reasons that claims are undervalued and low settlement values are assigned. I outline some basic tips for... (See Article)

    Feb 26, 2020 9:33 AM

  • Traveling as a Red Notice Subject

    When an individual is wanted by any member country of INTERPOL, international travel always poses a risk of detention. When a member country uses its access to INTERPOL’s databases, it should be alerted to an individual’s status as the subject of a notice. Member countries handle such “hits” differently, with some treating a Red Notice... (See Article)

    Feb 26, 2020 9:33 AM

  • This is not a locker room: Do not publicly criticize your employees

    Toronto Raptors head coach  recently made headlines for unfiltered comments about his team members. This season, he has publicly called out a number of them for their poor performances. Some have commended him for giving team members the motivation they needed to perform better – by providing them with “tough love” instead of sugar-coating the truth about... (See Article)

    Feb 26, 2020 9:33 AM

  • Silani brand mozzarella balls recalled because of E. coli concerns

    Silani Sweet Cheese Ltd. has recalled mozzarella balls because they are potentially contaminated with E. coli.  The Canadian Food Inspection Agency (CFIA) advisory, posted Feb. 14, says the product was distributed to retail stores nationwide. Recalled product: Brand Name Common Name Size UPC Code(s) on Product Silani Mozzarella Ball 260 g 0 65052 51369 4... (See Article)

    Feb 26, 2020 9:33 AM

  • No 1st Amendment Violation In Requiring Parolee To Live At Christian Homeless Shelter

    In Janny v. Gamez, (D CO, Feb. 21, 2020), a Colorado federal district court dismissed an inmate’s First Amendment challenge to his arrest for parole violations. Mark Janny’s parole officer directed him to stay at a Christian homeless shelter in order to meet the parole requirement that he establish a residence of record. Janny was expelled... (See Article)

    Feb 26, 2020 9:33 AM

  • New Delaware Chapter 11 Filing – Cosi, Inc.

    On February 24, 2020, Cosi, Inc., along with six of its subsidiaries, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (Lead Case No. 20-10417). Debtor estimates that the value of its assets is between $10-50 million, and its liabilities are also... (See Article)

    Feb 26, 2020 9:33 AM

  • Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split

    The U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). The Seventh Circuit held that an “autodialer” must use “a random or sequential number generator” to either store or produce numbers. (See Article)

    Feb 26, 2020 9:33 AM

  • Capitol Hill Healthcare Update

    AZAR TO TESTIFY THIS WEEK BEFORE HOUSE, SENATE COMMITTEES Health and Human Services Secretary Alex Azar faces a marathon week of testimony, appearing before four congressional committees to discuss his department’s fiscal 2021 budget. In addition to funding issues, Azar is likely to face questions on the federal government’s response to the coronavirus outbreak. Last... (See Article)

    Feb 26, 2020 9:33 AM

  • Washington Healthcare Update | Feb. 24, 2020

    Senate Twelve Republican Senators Support Grassley-Wyden Drug Pricing Bill As of Feb. 18, Senate Finance Chairman Chuck Grassley (R-IA) and Ranking Member Ron Wyden’s (D-OR) bipartisan drug pricing legislation now has 12 Republican senators in support of the plan. Sen. Grassley said he needs support from at least 25 Republican senators to convince Senate Majority... (See Article)

    Feb 26, 2020 9:33 AM

  • Oakland’s Ban on Criminal Background Checks for Renters Threatens Screening Agencies

    On February 4, the Oakland City Council in California forbade the use of criminal background checks in most housing applications. The stated purpose of the law, the Fair Chance Housing Ordinance, is to allow formerly incarcerated individuals an increased opportunity to compete for rental housing, reintegrate into their communities, and avoid homelessness. The property owners... (See Article)

    Feb 26, 2020 9:33 AM

  • Wisconsin representative proposes “groundbreaking” data privacy law modeled after GDPR, including statutory penalties up to $20 million or 4 percent of total annual revenue

    A trio of consumer data privacy bills modeled after Europe’s General Data Protection Regulation (GDPR) has been introduced in the Wisconsin State Assembly. The three bills, collectively dubbed the Wisconsin Data Privacy Act (WDPA), were sponsored by Republican State Representative Shannon Zimmerman, who is seeking to make Wisconsin “the most consumer-friendly state in our nation... (See Article)

    Feb 26, 2020 9:33 AM

  • Update to FDA’s Guidance #256 on Compounded Animal Drugs

    Since we first published “FDA Continues Proposed Extra-Statutory Authority Over Compounded Animal Drugs,” a number of impacted stakeholders have been expressing concern about the intended and unintentional consequences of FDA’s current approach. First, as a result of widespread concern about the proposed guidelines, FDA will be extending the time to comment, previously scheduled to close... (See Article)

    Feb 26, 2020 9:33 AM