On February 25, 2020, the Virginia State Legislature passed House Bill 1334, the Insurance Data Security Act, which establishes data security requirements applicable to persons licensed by the insurance laws of the Commonwealth. Following on other state laws that have created data security regimes applicable to the insurance industry, the Virginia law requires licensees to maintain the security of information systems and nonpublic information.

This memo summarizes and analyzes commercial rent and eviction moratoriums implemented in March 2020 in the State of California, and the Cities and Counties of Los Angeles and San Francisco, as a result of the global COVID-19 pandemic, and discusses the scope of any federal eviction moratoriums such as recent rules implemented by the U.S. Department of Housing and Urban Development (HUD).

The Public Readiness and Emergency Preparedness (PREP) Act authorizes the Secretary of Health and Human Services (HHS) to issue a declaration to provide liability immunity to certain individuals and entities against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures, except for claims involving “willful misconduct.”

On March 25, 2020, the Securities and Exchange Commission (SEC) issued Order (Release No. 34-88465) extending the filing periods and proxy delivery requirements covered by its previous Order issued on March 4, 2020, due to the coronavirus, or COVID-19.

Certain to become a major factor in employment litigation, an opinion issued by the U.S. Supreme Court on March 23, 2020 clarifies the burden for plaintiffs to meet in discrimination claims filed under 42 U.S.C. §1981. Here are the top 5 takeaways of this case for employers.

New York’s Appellate Divisions continue to function on a reduced scale during the COVID-19 crisis. Lewis Brisbois continues to prepare appellate records and briefs during the slowdown, and will monitor the appellate courts closely for updates as the situation continues to evolve.

Passed by the United States Senate on March 25 and the House of Representatives on March 27, the Coronavirus Aid, Relief and Economic Security Act, or CARES Act, H.R. 748, provides approximately $2 trillion in federal relief for individuals and businesses coping with the COVID-19 pandemic.

On March 18, 2020, New York Governor Andrew Cuomo signed a new law to provide New York State employees job-protected leave and benefits during precautionary or mandatory quarantine or isolation due to COVID-19.

An ever-expanding number of states and local government authorities are issuing “shelter in place” or “stay at home” orders that restrict the movement of employees of non-essential businesses. 

California Assembly Member Rob Bonta recently introduced Assembly Bill 2355 (AB 2355), which, if enacted, would make medical cannabis users a protected class in California. California was the first state to legalize medical cannabis in 1996, but AB 2355 is not the first legislation of its kind.

Los Angeles Partner Daniel C. DeCarlo recently authored an article for the Daily Journal, titled “High Court to Rule on Lanham Act Remedies,” which discusses the United States Supreme Court case Romag Fasteners v. Fossil, Inc. (18-233) and the “vexing problem” trademark litigants face when evaluating whether the profits of an infringer are an available remedy under the Lanham Act. 

In Kim v. Reins International California, Inc. the California Supreme Court held employees do not lose standing to pursue a claim under the Labor Code Private Attorneys General Act of 2004 (PAGA) if they settle and dismiss their individual claims for Labor Code violations.

Lewis Brisbois is pleased to announce that the Data Privacy & Cybersecurity Team has been nominated for three awards at Advisen's 2020 Cyber Risk Awards. 

The evolving response to COVID-19 brings daily legal and public health developments. Businesses, already struggling under immense economic pressures, now face new and unprecedented questions regarding how Shelter-in-Place (or Stay-at-Home) and Non-Essential Business Closure Orders (Orders) will impact their operations and workforces. Part II reviews the leave management, furlough, and lay-off considerations facing employers, particularly in light of new federal leave requirements under the federal Families First Coronavirus Response Act (FFCRA).