Legal Alerts

Legal Alerts

  • February 23, 2021
    Kentucky Court of Appeals Affirms Jury Award of Zero Damages Even After Finding Defendant at Fault, But Grants Mistrial

    On February 5, 2021, the Kentucky Court of Appeals issued an opinion in Allen v. Wheeler, 2021 Ky. App. Unpub. LEXIS 95, 2021 WL 406308, that raised several interesting issues affecting personal injury actions. The heart of the appeal was whether to affirm a jury verdict awarding the plaintiff zero damages, after determining the defendant was at fault for his injuries.

    Read more
  • February 18, 2021
    COVID-19 Response: HHS/OIG Announces New Audits, Evaluations of Telehealth Services During Pandemic

    Telehealth was on the rise even before COVID-19 arrived on scene. Prior to this expansion, telehealth was already a focus of investigations for possible fraud and so it should not be a surprise that on January 26, 2021, the Department of Health and Human Services, Office of Inspector General (HHS/OIG) gave notice that it was adding a new audit and evaluation project, known as the HHA Telehealth Project, focused on the implementation of various telehealth waivers by home health agencies as a result of the pandemic. 

    Read more
  • February 12, 2021
    Biden Administration Focus on Environmental Justice Raises Questions for Industry

    The Biden Administration has left no doubt that it intends to prioritize environmental justice (EJ) in implementing energy and environmental policy. President Biden has announced plans for elevating EJ by designating new Cabinet level offices, intensifying enforcement, and advocating for Congressional action. Given the likelihood of serious impacts from these sweeping changes, industry will need to step up engagement as these concepts are integrated into regulatory decisions and U.S. positions globally.

    Read more
  • February 08, 2021
    COVID-19 Response: Executive Order 13999: Enhancement of COVID-19-Related Workplace Safety Requirements

     President Biden has signed 28 Executive Orders as of February 2, 2021, but there is one that stands out to employment lawyers – Executive Order 13999. Titled “Protecting Worker Health and Safety,” the Order addresses workplace safety. It sets out instructions, primarily to the Secretary of Labor and Assistant Secretary of Labor for Occupational Safety and Health, for establishing and issuing a set of guidelines under the Occupational Safety and Health Act.

    Read more
  • February 08, 2021
    Ninth Circuit CAFA Decision Places Greater Jurisdictional Burden on Employers

    A recent decision issued by the U.S. Court of Appeals for the Ninth Circuit makes it harder for employer defendants to remove class actions to federal court under the Class Action Fairness Act of 2005 (CAFA). In remanding a putative class action back to California state court, the Ninth Circuit held that the removing defendant failed to submit competent evidence showing that the amount in controversy exceeded the $5 million jurisdictional threshold required to invoke federal jurisdiction.

    Read more
  • February 04, 2021
    Biden Administration Changeover in Financial Regulators Will Mean Regulatory Ramp-Up and Aggressive Enforcement

    It is clear the Biden Administration plans big changes in the leadership of the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and the Consumer Financial Protection Bureau (Bureau or CFPB).

    Read more
  • February 04, 2021
    "Ongoing Storm" Rules for the Northeast (Connecticut, Massachusetts, New Jersey, New York & Rhode Island)

    As we move through the remainder of this snowy season, it is important for businesses to understand their legal obligations concerning snow removal and the defenses that are available to them in the event that an injury occurs on their premises. This alert summarizes the ongoing storm rules in Connecticut, Massachusetts, New Jersey, New York, and Rhode Island, and analyzes property owners’ snow removal responsibilities as well as related premises liability issues under these states’ laws.

    Read more
  • February 02, 2021
    FTC Announces 2021 Changes to HSR Filing Thresholds

    On February 1, 2021, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product (GNP).

    Read more
Load More