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Name, Image, and Likeness – The Past, The Present, and The Future Posted on: July 11, 2022 In: Sports Law
Just over a year ago, the NCAA announced that it was necessary to take “short-term action” and introduce an “interim” policy regarding name, image, and likeness (NIL) rights for student-athletes. At that time, it confirmed that it was going to continue working with Congress to develop and adopt federal legislation to support student-athletes’ use of their NIL rights and create a national standard of NIL rules.
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nil, ncaa, student-athletes, employment law, immigration law
Illinois to Expand Bereavement Leave in 2023 Posted on: July 08, 2022 In: Labor & Employment
On June 9, 2022, Governor Pritzker signed the Family Bereavement Leave Act (formerly titled the Child Bereavement Leave Act) into law. The statute will take effect on January 1, 2023, and its applicability mirrors that of the federal Family Medical Leave Act (FMLA), applying to employers (including public employers) with at least 50 employees and employees who have worked for such employers for at least 12 months and at least 1,250 hours in the preceding 12-month period.
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illinois, paid leave, fmla, labor law
Privacy Protection Patchwork, Part V: How the California Privacy Rights Act Could Impact Your Business Posted on: July 07, 2022 In: Data Privacy & Cybersecurity
The number of states enacting comprehensive privacy laws is growing, adding to the existing patchwork of privacy, security, and data breach notification laws that keep legal and compliance personnel busy. This five-part series will highlight key provisions in a few of the new comprehensive privacy laws and regulations. Each week we will examine laws in a new state and provide recommendations on what steps businesses should consider taking. In Part V, we discuss the California Privacy Rights Act.
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Tags:
california, cpra, cppa, data privacy, consumer data, privacy law, privacy protection patchwork
Department of Education’s New Proposed Regulations Coincide with 50th Anniversary of Title IX Posted on: July 07, 2022 In: Sports Law
The U.S. Department of Education released its long-awaited proposed amendments to the regulations for Title IX of the Education Amendments of 1972 in a Notice of Proposed Rulemaking issued in conjunction with the 50th anniversary of Title IX. The Department has stated that the intent of the proposed amendments is to “restore crucial protections for students who are victims of sexual harassment, assault, and sex-based discrimination” that were weakened by previous regulatory changes.
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title ix, department of education, student-athletes, sexual harassment, discrimination
Three Tips for Updating, Enforcing Arbitration Agreements to Minimize PAGA Exposure in California Following Supreme Court’s Viking River Decision Posted on: July 01, 2022 In: Labor & Employment
For almost two decades, the California Private Attorneys General Act of 2004 (PAGA) has vexed employers and resulted in significant increased exposure to wage and hour claims. To limit exposure, many employers have implemented arbitration agreements that include class and PAGA representative action waivers, which appeared unenforceable. However, in Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court recently breathed new life into this strategy.
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supreme court, california, paga, arbitration, employment agreements
Privacy Protection Patchwork, Part IV: How the Connecticut Data Privacy Act Could Impact Your Business Posted on: June 28, 2022 In: Data Privacy & Cybersecurity
The number of states enacting comprehensive privacy laws is growing, adding to the existing patchwork of privacy, security, and data breach notification laws that keep legal and compliance personnel busy. This five-part series will highlight key provisions in a few of the new comprehensive privacy laws and regulations. Each week we will examine laws in a new state and provide recommendations on what steps businesses should consider taking. In Part IV, we discuss the Connecticut Data Privacy Act.
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Tags:
connecticut, ctdpa, data privacy, consumer data, privacy law, privacy protection patchwork
The “Follina” Vulnerability: Microsoft Support Diagnostic Tool Alert for Zero Day Exploit CVE-2022-30190 Posted on: June 27, 2022 In: Data Privacy & Cybersecurity
On May 30, 2022, Microsoft issued an alert regarding a vulnerability in its Microsoft Support Diagnostic Tool that can be exploited using Microsoft Office documents and results in the unauthorized installation of programs or access to data.The vulnerability evades common protections associated with Microsoft Office documents, requires minimal user interaction, and can be used by a remote attacker to execute arbitrary code, escalate privileges to fully take over a machine, or deploy additional malware.
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microsoft, follina, zero day vulnerability, msdt, malware, ransomware, cyberattack
North Carolina Prohibits Ransom Payments by State and Local Government Agencies Posted on: June 24, 2022 In: Data Privacy & Cybersecurity
North Carolina made national headlines recently as the first state to prohibit state agencies and local government entities from paying a ransom following an attack. But N.C. Gen. Stat. § 143-800 goes one step further, prohibiting those entities from even communicating with a threat actor following an attack.
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north carolina, ransomware, cyberattack, ransomware payments, cybersecurity
Four Big Benefits to Bringing an Anti-SLAPP Motion in a California Employment Lawsuit Posted on: June 21, 2022 In: Labor & Employment
California enacted its anti-SLAPP (i.e., Strategic Lawsuits Against Public Participation) statute to provide a procedural remedy early in litigation to dispose of lawsuits that are brought to chill the valid exercise of constitutional rights. In the employment context, an anti-SLAPP motion most often is used to attack a defamation cause of action, but it can apply to any cause of action regardless of title, so long as it comes within the four types of protected speech.
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california, anti-slapp, protected speech, litigation
Privacy Protection Patchwork, Part III: What Your Business Should Know About Utah’s Consumer Privacy Act Posted on: June 20, 2022 In: Data Privacy & Cybersecurity
The number of states enacting comprehensive privacy laws is growing, adding to the existing patchwork of privacy, security, and data breach notification laws that keep legal and compliance personnel busy. This five-part series will highlight key provisions in a few of the new comprehensive privacy laws and regulations. Each week we will examine laws in a new state and provide recommendations on what steps businesses should consider taking. In Part III, we discuss the Utah Consumer Privacy Act.
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Tags:
utah, ucpa, data privacy, consumer data, privacy law, privacy protection patchwork
NCAA Transformation Committee Announces Recommendations for Modifications to Transfer Rule and Infractions Process Posted on: June 17, 2022 In: Sports Law
After months of focused efforts, the National Collegiate Athletic Association’s (NCAA) Transformation Committee has announced its formal recommendations that would limit a student athlete’s access to enter the transfer portal to specific time windows, as well as proposed changes to the current NCAA bylaw infractions process, which are intended to lead to quicker conclusions and findings.
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ncaa, division 1, transfer rule, infractions, sports law
Every Service Dog Gets Two Bites: Reasonable Access and Reasonable Accommodation Obligations Under the ADA Posted on: June 15, 2022 In: Labor & Employment
As American workers continue returning to the office and facilities across the country continue to reopen following pandemic-induced closures, service and support animals are becoming increasingly present in our workplaces. These animals, particularly dogs, help people with a range of disabilities, and their presence in the workplace presents employers and business owners with distinctly different obligations under Titles I and III of the Americans with Disabilities Act (ADA).
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Tags:
ada, support animals, disabilities, reasonable accommodations, human resources