Publications

Latest Publications and Blogs

  • Legal Alerts
    |February 23, 2021

    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.

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  • Blogs
    |February 22, 2021

    As all employers should well know by now, the Americans with Disabilities Act (ADA) and many state and local counterparts may require employers to engage in an interactive process in response to a disabled employee’s request for a workplace accommodation. A recent ruling by the First Circuit Court of Appeals illustrates why employers have a very strong financial incentive to be proactive in adopting and rigorously enforcing their disability accommodation policies.

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  • Legal Alerts
    |February 18, 2021

    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. 

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  • Blogs
    |February 17, 2021

    The Americans with Disabilities Act’s (ADA) reasonable accommodation duty often creates frustrating uncertainty for employers and employees. Reassignment, a term used in the ADA’s statutory language as an example of a potential reasonable accommodation, is fraught with uncertainty when evaluated by employers and employees as a potential accommodation. The Fourth Circuit recently addressed the reassignment dilemma in Ellege v. Lowe’s Home Centers, LLC.

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  • Blogs
    |February 16, 2021

    The Canadian House of Commons introduced draft legislation that, if enacted, would align federal Canadian privacy law with the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). The draft legislation, titled the Consumer Privacy Protection Act (CPPA), proposes significant advancements to the current legal regime governing personal data. 

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  • Legal Alerts
    |February 12, 2021

    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.

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  • Blogs
    |February 12, 2021

    As hard as it is to believe, we are already more than a month into 2021 – and our Data Privacy & Cybersecurity Team is well on its way to managing over 2,000 data security incidents this year. It serves as an important reminder that a few cybersecurity suggestions can have a big impact as we embrace the months to come. The following are our top five suggestions to enhance the security of your network, detect intruders more quickly, and reduce the scope and expense of data security events this year.

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  • Blogs
    |February 10, 2021

    Despite all that made 2020 an unusual year, data security incidents did not slow down. For organizations that are covered by the Health Insurance Portability and Accountability Act (HIPAA), the deadline to report small incidents is fast approaching. Organizations that experienced a data security incident in 2020, which affected the protected health information (PHI) of less than 500 individuals, have until March 1, 2021 to submit their notification to the U.S. Dept. of Health & Human Services.

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  • Blogs
    |February 08, 2021

    The newly-passed California Privacy Rights Act (CPRA) includes additional and expanded consumer rights not currently existing under the California Consumer Privacy Act (CCPA). This fifth installment in our series about the changes to the CCPA brought by the CPRA focuses on consumers’ new rights of correction and access to certain personal information and revisions to certain existing consumer rights in the CCPA, including rights to know (and access), deletion, non-discrimination, and rights for minors.

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  • Legal Alerts
    |February 08, 2021

     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.

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