Code of Federal Regulations

  • Surgery or radiotherapy for prostate cancer.

    In Hamlyn v Stanton (No 3) [2020] NSWDC 632 (on JADE) a urologist performed surgery on patient with prostate cancer, having explained advantages and disadvantages of surgery and also alternative treatment of radiotherapy. However the urologist did not inform the patient of possibility of receiving assessment by a radiation oncologist. As noted at [3], “Mr... (See Article)

    Oct 27, 2020 3:33 PM

  • Washington Healthcare Update - October 2020 #4

    This week in Washington: Mnuchin and Pelosi continue discussions for COVID-19 stimulus package. (See Article)

    Oct 27, 2020 3:32 PM

  • 2021 Cost Of Living Adjustments For Retirement Plans

    The Internal Revenue Service recently announced its cost-of-living adjustments applicable to dollar limitations on benefits and contributions for retirement plans generally effective for Tax Year 2021 (see IRS Notice 2020-79). Most notably, many of the retirement plan limitations, including the limitation on annual salary deferrals into a 401(k) or 403(b) plan, remain unchanged... (See Article)

    Oct 27, 2020 3:32 PM

  • International Travel Restrictions on Workers Coming from Canada 

    There has been considerable confusion about how New York’s travel advisory applies to international workers, especially regular commuters traveling to work in New York from Canada. On October 21, Bond attorneys Hermes Fernandez and Caitlin Anderson spoke with high-ranking officials in Gov. Cuomo’s office about the travel advisory. (See Article)

    Oct 27, 2020 3:32 PM

  • Amy Coney Barrett Is Confirmed And Sworn In

    Sworn in by Justice Clarence Thomas. The U.S. Supreme Court is back to full strength now. Amy Coney Barrett was confirmed by the Senate last night and sworn in by Justice Thomas at a White House ceremony held shortly afterward... (See Article)

    Oct 27, 2020 3:32 PM

  • Provider Relief Fund updates: Phase 3 distribution and reporting requirements

    Phase 3 distribution - As reported on our prior blogs, the CARES Act has made available billions of dollars in Provider Relief Funds for certain health care providers impacted by the COVID-19 pandemic. Most recently, the Department of Health and Human Services (HHS) has opened the portal for Phase 3 which will include an additional $20 billion in distributions. The Phase 3 distributions will be made available to an expanded group of providers including those who already received Provider Relief Fund payments, providers that began practicing between January 1, 2020 and March 1, 2020 and behavioral health providers. (See Article)

    Oct 27, 2020 3:32 PM

  • Can You Ask Employees Medical Questions During A Pandemic? The EEOC’s Guidance On Complying With The ADA During COVID-19

    As COVID-19 rates are rising throughout the country, employers may want to review the safety measures they are taking to prevent spreading the coronavirus in the workplace. The U.S. Equal Employment Opportunity Commission recently released additional guidance on the interplay between COVID-19 and an employer’s legal obligations under the Americans with Disabilities Act... (See Article)

    Oct 27, 2020 3:32 PM

  • Cannabis on Many Ballots this November

    While some states’ ongoing efforts to legalize cannabis via voter referendums have been impacted by the COVID-19 pandemic, a number of states will still be presenting the voters with questions regarding legalization of cannabis this year. Arizona, South Dakota, Montana and New Jersey voters will vote on adult recreational use legalization, while Idaho and Mississippi voters will be asked to weigh in on medical marijuana under their states’ laws. South Dakota voters will be asked about both medical use and adult recreational use. In Arizona, where voters narrowly defeated a legalization effort four years ago, the polling on the outcome of the 2020 vote as election day draws near is very close. (See Article)

    Oct 27, 2020 3:32 PM

  • HIPAA Enforcement Remains Strong in 2020

    It seems like every aspect of healthcare is changing during these uncertain times, but one thing remains the same – HIPAA enforcement is going strong. The Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS), responsible for enforcing HIPAA regulations, has been active this year in terms of settlements of potential HIPAA privacy and security violations. More than $12.2 million has been recorded this year in resolution agreements, despite the Notification of Enforcement Discretion related to COVID-19 issued by HHS. (See Article)

    Oct 27, 2020 3:32 PM

  • PathogenDx and Prevenio team up to identify and eradicate harmful pathogens

    PathogenDx, a Scottsdale, AZ tech company that has developed a DNA-based pathogen testing platform, is partnering with Prevenio, a provider of automated food processing and pathogen protection systems, to provide the first-ever closed-loop system to prevent the spread of foodborne illnesses. The two companies are coming together to find solutions that will enable food producers... (See Article)

    Oct 27, 2020 1:33 PM

  • PIPE Transactions in Connection with SPAC Initial Business Combinations

    More and more SPACs are choosing to undertake PIPE transactions in connection with their initial business combinations.  The capital raised in the PIPE transaction, which closes concurrent with the closing of the initial business combination, helps to mitigate the risks associated with potential SPAC stockholder redemptions.  In addition, as SPACs undertake larger initial business combinations,... (See Article)

    Oct 27, 2020 11:33 AM

  • DoJ to requires divestiture to permit Liberty Latin America to acquire AT&T's telecommunications operations In Puerto Rico/Virgin Islands

    The Department of Justice has announced that it will requires Liberty Latin America Ltd to agree to the divestiture of certain assets to proceed with a planned acquisition of operations from AT&T Inc. The operations to be acquired are based in Puerto Rico and the US Virgin Islands. Details of the announcement can be found here.

    Oct 27, 2020 10:05 AM

  • A Guide for Employers During COVID-19 – October 21, 2020 update

    A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis.  (Last Updated October 21, 2020). Further free resources can be found here. Should you need legal advice on how to manage... (See Article)

    Oct 27, 2020 9:33 AM

  • Thoughts When Linking Public Company Executive Pay to D&I Initiatives

    This Post will begin a series of blog entries focused on the topic of linking executive pay to a publicly-traded issuer’s diversity and inclusion (“D&I“) initiatives.  As background, there has been a recent push to hold executives accountable for the effectiveness of an issuer’s D&I initiatives by linking their executive pay to the success of... (See Article)

    Oct 27, 2020 9:33 AM

  • Colorado Limits On Worship Services Enjoined

    In Denver Bible Church v. Azar, (D CO, Oct. 15, 2020), a Colorado federal district court granted a preliminary injunction barring enforcement against two churches of portions of Colorado’s COVID-19 restrictions on worship services. The court said in part: Plaintiffs are likely to succeed on the merits of their free exercise claim for a simple... (See Article)

    Oct 27, 2020 9:33 AM

  • The Week Ahead in the European Parliament – Friday, October 23, 2020

    Next week, Members of the European Parliament (“MEPs”) will gather in Brussels for committee meetings.  Several interesting votes and meetings are scheduled to take place. On Monday, the European Parliament’s Committee on the International Market and Consumer Protection (“IMCO”) will vote on a resolution that calls on the Commission to establish a consumer “right to... (See Article)

    Oct 27, 2020 9:33 AM

  • US Executive Branch Update – October 23, 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. 1:50 p.m. EDT – THE PRESIDENT departs Washington, D.C., en route to Ocala, FL 3:55 p.m. EDT – THE... (See Article)

    Oct 27, 2020 9:32 AM

  • Some notable (and mostly heartening) criminal justice discussion in final Prez debate of 2020

    Few months ago in this post I wished that we could somehow arrange for one of the then-planned Prez debates to be entirely about criminal justice issues. Of course, that did not happen (and only two of the three planned debates even happened). Still, during the final Prez debate of this election cycle, criminal justice... (See Article)

    Oct 27, 2020 9:32 AM

  • How to Export Your Connections from LinkedIn – A Smart Thing to Do for Holiday Card Season

    As we approach the holiday card season (side note – stay tuned for an article on how to create an appropriate holiday card that reflects current pandemic conditions), it is a good time to update your contact lists as many people have shifted jobs, changed careers and moved during 2020. One smart thing to do... (See Article)

    Oct 27, 2020 9:32 AM

  • Eastern District Court Remands Motor Vehicle Accident Insurance Coverage Question Back to State Court

    In the case of Gibbons v. Mid-Century Insurance Company, No. 20-3381 (E.D. Pa. Sept. 24, 2020 Kenney, J.), the Court granted a Motion to Remand a motor vehicle accident insurance coverage Declaratory Judgment action that was removed to federal court.  The case arose out of a car accident where the minor children witnessed their father’s... (See Article)

    Oct 27, 2020 9:32 AM

  • Pittsburgh and Allegheny County vote to ban discrimination against race-based hairstyles

    Last week, the Pittsburgh City Council and the Allegheny County Council unanimously voted to ban discrimination on the basis of race-based hairstyles by passing the Creating a Respectful and Open World for Natural Hair Act (known as the CROWN Act). The CROWN Acts amend provisions of the City and County Codes addressing employment, housing, real... (See Article)

    Oct 27, 2020 9:32 AM

  • Pro Bono Spotlight: Fawaz A. Bham

    The State Bar of Texas, the Texas Access to Justice Commission, the American Bar Association, and others proudly support National Pro Bono Celebration Week (October 25-31). Pro Bono week is an opportunity to educate the public about the good work the legal community does to improve the lives of vulnerable Texans and to encourage more... (See Article)

    Oct 27, 2020 9:32 AM

  • Presidential Election 2020: Considerations for the Oil & Gas Industry

    In the midst of a chaotic year and a tense campaign season, issues such as COVID-19, race relations, and healthcare seem to be at the forefront of Americans’ minds as they head to the polls on November 3. But the oil and gas industry stands to be impacted regardless of the election outcome in November,... (See Article)

    Oct 27, 2020 9:32 AM

  • French Development Agency Unveils New SDG Bond Framework

    The AFD’s new framework aligns with the UN Sustainable Development Goals and the 2030 Agenda. By Paul A. Davies, Michael D. Green, Edward R. Kempson, and Roberto L. Reyes Gaskin The Agence Française de Développement (AFD) has issued a new Sustainable Development Bond Framework (the Framework) that establishes bond eligibility criteria based on fundamental principles,... (See Article)

    Oct 27, 2020 9:32 AM

  • Surgical Masks, Respirators, and More: Employers Grapple with Personal Protective Equipment Requirements Amid Constantly Evolving COVID-19 Guidance and Laws

    Eight months into the coronavirus (“COVID-19”) pandemic and employers in both healthcare and non-healthcare settings are grappling with requirements for employees’ use of personal protective equipment (“PPE”) and respiratory protection. Rather than clarify the requirements, continually evolving guidance from the Centers for Disease Control and Prevention (“CDC”), Occupational Health and Safety Administration (“OSHA”), state safety... (See Article)

    Oct 27, 2020 9:32 AM

  • FDA Announces a One Year Pilot Program to Evaluate Third-Party Food Safety Standards and Invites Requests to Participate

      FDA’s regulations implementing the FDA Food Safety Modernization Act (FSMA) requirements for Preventive Controls for Human Food (PCHF), Preventive Controls for Animal Food (PCAF), and Foreign Supplier Verification Programs (FSVP) permit the use of third-party audits as supplier verification activities.  Additionally, FDA’s July 13, 2020 New Era of Smarter Food Safety Blueprint (discussed on... (See Article)

    Oct 27, 2020 9:32 AM

  • IAFP attendees urged to ‘think big’ to tackle challenges

    Caroline Smith DeWaal today told IAFP delegates to think big when tackling challenges of the 21st century as she opened the virtual event. The deputy director of EatSafe (Evidence and Action Towards Safe, Nutritious Food) at the Global Alliance for Improved Nutrition (GAIN), gave the Ivan Parkin Lecture called “Audacious Innovation: Critical Tools for the 21st... (See Article)

    Oct 27, 2020 9:32 AM

  • IP Software Company Alt Legal Kicks Off Its First Conference with News of New Features and Partnership

    The trademark docketing software company Alt Legal kicked off its first conference, Alt Legal Connect, today, with a keynote by founder and CEO Nehal Madhani in which he announced new features for the product and a new partnership to better support international trademark docketing. During his keynote, Madhani announced the company’s integration with the Canadian... (See Article)

    Oct 27, 2020 9:32 AM

  • Unpacking the Enforcement Shakeup at the CFPB – A (Former) Insider’s View

    News broke last week of a major reorganization at the Consumer Financial Protection Bureau (CFPB or Bureau), with headlines focusing on how the shakeup will hamper investigations and limit the Office of Enforcement’s autonomy. To better understand what happened, it’s helpful to have a little bit of perspective on the CFPB’s authorities and organization. While... (See Article)

    Oct 27, 2020 9:32 AM

  • Troutman Pepper Tobacco Team Presents at FDLI Tobacco and Nicotine Products Regulation and Policy Conference

    Bryan Haynes of the Troutman Pepper Tobacco Team presented at the Food and Drug Law Institute Tobacco and Nicotine Products Regulation and Policy Conference on October 23, 2020.  Bryan participated in a panel discussion entitled “The Post-PMTA Deadline Landscape:  What Happens After September 9th?”  The panelists discussed enforcement, compliance and the review of FDA requests... (See Article)

    Oct 27, 2020 9:32 AM