Code of Federal Regulations

  • Court Affirms Dismissal of Medical Assistant’s Discrimination Lawsuit

    Arnold v. Dignity Health, 53 Cal. App. 5th 412 (2020) Virginia M. Arnold worked as a medical assistant at Dignity Health before her employment was terminated for, among other things, failure to safeguard a patient’s personal health information (a HIPAA violation); display of inappropriate materials in the workplace (a picture of a bare-chested male model);... (See Article)

    Sep 28, 2020 4:33 PM

  • OCIE Issues Cybersecurity Risk Alert on the Risk of Credential Stuffing Attacks

    The Risk Alert makes clear that OCIE has observed an increase in the frequency of credential stuffing attacks against Registrants, including some successful credential stuffing attacks that resulted in the loss of customer assets and unauthorized access to customer information. OCIE observed in the Risk Alert that credential stuffing is emerging as a more effective… (See Article)

    Sep 28, 2020 4:32 PM

  • U.S. Department of Labor Proposes New Test for Independent Contactor Status

    On Sept. 22, 2020, the U.S. Department of Labor (DOL) proposed a new test to determine whether workers are independent contractors or employees under federal law. According to DOL, the purpose of the change is to make it easier to identify which workers are employees covered by the minimum wage, overtime, and other provisions of the Fair Labor Standards Act (FLSA). (See Article)

    Sep 28, 2020 4:32 PM

  • Seafood company implicated in false labeling scam

    Report on Supply Chain Compliance 3, no. 18 (September 17, 2020) - The treasurer of a North Carolina seafood company, Garland F. Fulcher Seafood Co. Inc. (Garland Fulcher), conspired to mislabel seafood as being domestically produced when some of the seafood processed and sold by the company was cheaper foreign imports.... (See Article)

    Sep 28, 2020 4:32 PM

  • European Commission publishes new Capital Markets Union Action Plan

    On 24 September 2020, the European Commission published its long-awaited Capital Markets Union (CMU) Action Plan. The CMU Action Plan serves as a list of policies the Commission would like to introduce over the upcoming years, together with a timeline for the adoption of concrete legislative proposals. The main objective of the CMU is to... (See Article)

    Sep 28, 2020 2:33 PM

  • Trial Court Properly Refused To Certify Rest Break Class Action

    Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020) Kia Davidson worked as a delivery specialist at one of O’Reilly’s stores in San Bernardino. In this putative class action, Davidson alleged that she and other employees did not receive their rest breaks as required by state law based upon the fact that... (See Article)

    Sep 28, 2020 12:32 PM

  • US Executive Branch Update – September 26, 2020

    This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases. POTUS’ Schedule* *The US President (POTUS) and Vice President’s (VPOTUS) daily schedules are subject to change. 3:15 p.m. EDT – THE PRESIDENT participates in a greeting with Evangelical Faith Leaders | Oval Office 5:00 p.m.... (See Article)

    Sep 28, 2020 10:33 AM

  • What We’re Reading This Week [September 21, 2020]

    The Wall Street Journal reports that on September 17, 2020, GNC Holdings, Inc. obtained authorization from the United States Bankruptcy Court for the District of Delaware to sell substantially all of its assets to one of its largest shareholders, China-based Harbin Pharmaceutical Group Co., for approximately $760 million in spite of national security concerns raised... (See Article)

    Sep 28, 2020 8:32 AM

  • FCA Case Provides a Win for Policyholders and Vindicates the Concept of Expedited Generalized Rulings for Small Businesses

    As previously reported in this blog, the U.K. Financial Conduct Authority (FCA) brought a case against a variety of insurers under 21 policy wordings seeking clarification of sample clauses because the carriers refused to pay any U.K. claims relating to COVID-19 business interruptions largely for hospitality businesses. The policyholders seem to have won most of... (See Article)

    Sep 28, 2020 8:32 AM

  • Spread The Word: California Enacts COVID-19 Exposure Notification Law

    Late last week, Gov. Newsom signed AB 685 into law which, among other things, adds section 6409.6 (“Section 6409.6”) to the Labor Code.  The new statute, which takes effect January 1, 2021, requires that employers notify employees and, in some instances, public health officials about COVID-19 exposures at work. Specifically, Section 6409.6 requires that employers... (See Article)

    Sep 28, 2020 8:32 AM

  • FERC Staff Clarifies Changes to Rehearing Practices Following Allegheny Decision

    On September 17, 2020, at FERC’s Virtual Open Meeting, FERC Staff presented an overview of changes to its rehearing practices following the United States Court of Appeals for the District of Columbia Circuit’s (“D.C. Circuit”) recent decision in Allegheny Defense Project v. FERC, 963 F.3d 1 (D.C. Cir. 2020) (en banc) (“Allegheny”), which rejected FERC’s... (See Article)

    Sep 28, 2020 8:32 AM

  • Online Content Policy Modernization Act Duplicates Existing Senate Republican Proposal to Limit Section 230 Liability Protections

    Another week, another proposal concerning Section 230 of the 1996 Communications Decency Act.  This week, Senator Lindsey Graham (R-SC) introduced the Online Content Policy Modernization Act, which primarily establishes an alternative dispute resolution program for copyright small claims.  Relevant to this blog, however, are the last three pages of the proposal, which limit civil liability... (See Article)

    Sep 28, 2020 8:32 AM

  • Tax Controversy Coronavirus Thought Leadership

    In response to the Coronavirus (COVID-19), the tax controversy group has put together a chart detailing tax controversy-related developments as they arise. Please refer to the following list of tax and tax controversy-related alerts and original articles for additional insight and guidance: Tax Controversy Developments Chart (Last Updated September 21, 2020) Controversy Brewing over Massachusetts Taxation of... (See Article)

    Sep 28, 2020 8:32 AM

  • City of Berkeley First in the U.S. to Pass Ordinance Banning Junk Food in Checkout Lanes

    On September 22, 2020, the Berkeley City Council passed the “Healthy Checkout” bill (the Bill), an ordinance that requires “large retail stores” to offer healthy food and beverages at the checkout lane, such as chewing gum and mints with no added sugars, fruit, vegetables, nuts, seeds, legumes, yogurt or cheese, and whole grains. Berkeley council... (See Article)

    Sep 28, 2020 8:32 AM

  • Guest Post: The Future of Document Automation in the Legal World

    Though the debate of whether or not law firms should embrace legal technology continues, the pandemic has brought to light the advantages of document automation.  Since mid-March, the COVID-19 pandemic has fundamentally altered the way law firms operate. While some firms were forced to adapt on the fly as they spent weeks setting up a... (See Article)

    Sep 28, 2020 8:32 AM

  • The Murder of Breonna Taylor

    Someone, a non-lawyer, put it succinctly. How do police break into a person’s home and kill a sleeping woman and it’s not murder? As lawyers and judges, we know the answer to the legally ill-framed question. We can explain how warrants work, knock or no-knock, when needlessly executed late at night when people are asleep... (See Article)

    Sep 28, 2020 8:32 AM

  • NY federal district court holds NBA preempts application of state usury law to securitized credit card receivables

    A New York federal district court in Petersen v. Chase Card Funding, LLC held that the National Bank Act (NBA) preempted the plaintiff’s claims that the interest charged on his credit card account violated New York usury law. The named plaintiff was the holder of a credit card issued by JPMorgan Chase Bank, N.A. (JPMCB).  He... (See Article)

    Sep 28, 2020 8:32 AM

  • Trump and Barr Speak At National Catholic Prayer Breakfast

    Yesterday both President Trump (in a pre-recorded address– full text) and Attorney General William Barr spoke at the National Catholic Prayer Breakfast, held online this year (video of entire breakfast). In his remarks, President Trump said in part: Today I am announcing that I will be signing the Born Alive Executive Order to ensure that... (See Article)

    Sep 28, 2020 8:32 AM

  • OCR Settles with Orthopedic Clinic for $1.5 Million for Alleged HIPAA Noncompliance

    On September 21, 2020, the U.S. Department of Health and Human Services Office for Civil Rights announced a $1.5 million settlement with Athens Orthopedic Clinic PA for alleged violations of the HIPAA Privacy and Security Rules. (See Article)

    Sep 28, 2020 8:32 AM

  • Modernizing the Bank Charter

    In my new article, Modernizing the Bank Charter, I take a look at the actual practice of regulators when deciding whether to license a bank – or a fintech – and thereby afford them both the burdens and the benefits of supervision by the Office of the Comptroller of the Currency. I argue that the... (See Article)

    Sep 28, 2020 8:32 AM

  • Peculiar Risk and Retained Control Doctrines Applied in Support of Motion for Summary Judgment

    In the case of Kinlaw v. Pennsylvania American Water Co., No. 17-CV-6738 (C.P. Lacka. Co. Sept. 15, 2020 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas granted summary judgment in favor of the Defendants in a slip and fall case in a matter in which the Plaintiff’s attorneys had... (See Article)

    Sep 28, 2020 8:32 AM

  • Senate Commerce Committee Republicans Include 13(b) Fix in New Privacy Legislation

    Late last week, Senate Commerce Committee Chairman Roger Wicker (R-MS), along with Senators John Thune (R-SD), Deb Fischer (R-NE), and Marsha Blackburn (R-TN), introduced S. 4626, the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act. The comprehensive privacy bill was years in the making and follows a discussion draft... (See Article)

    Sep 28, 2020 8:32 AM

  • Chasing the Rainbow with a Sham Affidavit

    Here is another post by our blogger in training, Dean Balaes.  This time he explores an interesting decision that applied the “sham affidavit” doctrine to defeat an all-too-common P-side deposition tactic, last minute leading questions (often when the defense has no time for re-cross) designed to generate self-serving answers that contradict prior damaging testimony. **********... (See Article)

    Sep 28, 2020 8:32 AM

  • The First Visa Bulletin of the New Government Fiscal Year Released

    On Sept. 24, 2020, The U.S. Department of State (DOS) released the October 2020 Visa Bulletin, the first of the new government fiscal year (FY 2021). Often the month of the most anticipated visa bulletin, October marks the reset of the number of green cards authorized to be issued annually and by category for employment-based... (See Article)

    Sep 28, 2020 8:32 AM

  • New Obligations Coming for California Employers to Report Potential COVID-19 Exposure

    Effective January 1, 2021, California employers must report to their workforces instances in which employees may have been exposed to COVID-19 and to local public health departments any “outbreak” of three or more employees having COVID-19. The requirements are extensive and the potential liability for violations is great. Employers should begin to prepare early to... (See Article)

    Sep 28, 2020 8:32 AM

  • Sacramento County Passes Worker Safety and Supplemental Paid Sick Leave Ordinance

    The Sacramento County Board of Supervisors has passed the Sacramento County Worker Protection, Health and Safety Act of 2020, which is effective October 1, 2020. The ordinance, which applies only to businesses located in the unincorporated areas of Sacramento County, requires employers to implement specified social distancing, mitigation, and cleaning protocols and practices in the... (See Article)

    Sep 28, 2020 8:32 AM

  • 10 Things You Must Do on Social Media Before You Post Anything

    I see a lot of people and organizations post content to social media without having a strategy or goals in mind. What winds up happening is that the posts aren’t focused or tailored, and there is little to no engagement as a result. It’s better not to post anything to social if you aren’t sure... (See Article)

    Sep 28, 2020 8:32 AM

  • Second Circuit panel rules unanimously that district courts have broad discretion to consider "any extraordinary and compelling reason for release that a defendant might raise"

    I am very pleased to see the first of what may soon be many circuit rulings on the reach and application of the compassionate release provisions amended by the federal FIRST STEP Act.  As regular readers know, in lots of (pre-COVID) prior posts I made much of the provision of the FIRST STEP Act allowing... (See Article)

    Sep 28, 2020 8:32 AM

  • Pro bono lawyer Brian Singleterry on helping others

    “Helping people helps you.” That’s one of the reasons why Cantey Hanger associate Brian Singleterry helped a low-income Fort Worth woman—who had lost her job due to a disability—facing eviction during the COVID-19 pandemic. Singleterry had previously taken pro bono cases through the Tarrant Volunteer Attorney Services, or TVAS, and Texas Lawyers for Texas Veterans,... (See Article)

    Sep 28, 2020 8:32 AM

  • New Chapter 11 Filing – All Texas Electrical Contractors, Inc.

    On September 25, 2020, All Texas Electrical Contractors, Inc. of Houston, TX filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 20-34656). The company reports 1,000,001 to $10 million in both assets and liabilities and estimates that funds will be... (See Article)

    Sep 28, 2020 8:32 AM