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Skip to main content DECEMBER 20, 2022 VOLUME XII, NUMBER 354 * Login * FB * twt * link * home * rss × search * logo * Publish / Advertise with Us * Publish * Advertise * Publishing Firms * E Newsbulletins * Law Student Writing Contest * Contact Us * Terms of Use * Privacy Policy * Join Our Team * Search * Trending Legal News * Most Recent * Legal News Podcast * What's Trending * Type of Law * Antitrust Law * Bankruptcy & Restructuring * Biotech, Food & Drug * Business of Law * Construction & Real Estate * Cybersecurity Media & FCC * Election & Legislative * Environmental & Energy * Family, Estates & Trusts * Financial, Securities & Banking * Global * Health Care Law * Immigration * Insurance * Intellectual Property Law * Labor & Employment * Litigation * Public Services, Infrastructure, Transportation * Tax * White Collar Crime & Consumer Rights * E Newsbulletins * Legal Educational Events * NLR Blog * Search * About Us * About the NLR * NLR Team * Publishing Firms * E Newsbulletins * NLR Thought Leadership Awards * 2018 * 2019 * 2020 * 2021 * 2022 * NLR Blog * Contact Us * Terms of Use * Privacy Policy * Search * Contact Us * Contact Us * E Newsbulletins * Publish * Advertise * Law Student Writing Contest * Search * Quick Links * Legal News Podcast * Type of Law * Antitrust Law * Bankruptcy & Restructuring * Biotech, Food & Drug * Business of Law * Construction & Real Estate * Cybersecurity Media & FCC * Election & Legislative * Environmental & Energy * Family, Estates & Trusts * Financial, Securities & Banking * Global * Health Care Law * Immigration * Insurance * Intellectual Property Law * Labor & Employment * Litigation * Public Services, Infrastructure, Transportation * Tax * White Collar Crime & Consumer Rights * E Newsbulletins * Legal Educational Events * Law Student Writing Contest * NLR Blog * Contact Us * Search * ENEWSBULLETINS × search 45 New Articles Advertisement DECEMBER 19, 2022 * How Do You Digitally Market a Law Firm? by: Jason Hennessey * President Biden Signs “Speak Out Act” Limiting the Enforceability of... by: Rachel J. Moroski and Tomi Oshita * Telecom Alert:FCC Adjusts Applications Fees; Form 477 Collections... by: Gregory E. Kunkle and Wesley K. Wright * District of Columbia to Eliminate the Tip Credit: a Specter of the... by: James J. Murphy and Steven F. Pockrass * Real ESG Enforcement Mechanisms: Restrictions on Imports of Goods... by: David W. Simon and David J. Wenthold * New Year, New Rules for Employers Doing Business in New York in 2023 by: Sean J. Kirby * Why Venture Capital Investors Are Betting on Generative AI by: Louis Lehot and Shabbi S. Khan * Corporate and White-Collar Enforcement in 2023–24 by: Benjamin C. Glassman and Vipal Patel * Child Status Protection Act: Insights and Helpful Hypos [PODCAST] by: Daniel Maranci and Christina M. Kelley * FAQs About Bias In Artificial Intelligence (AI) – Avoiding the... by: Kenneth C. Broodo and Natasha Allen * Weekly IRS Roundup December 12 – December 16, 2022 by: McDermott Will & Emery * SEC Adopts Final Rules Regarding 10b5-1 Trading Plans and Disclosure... by: Garrett F. Bishop and James G. Lundy * UK Government and the Dubai International Financial Centre Issue... by: Hunton Andrews Kurth’s Privacy and Cybersecurity * Speak Out Act Speaks (But Not Dramatically) by: John F. Birmingham Jr. * CPPA Board Holds Meeting on Status of CPRA Rulemaking and Other Topics by: Hunton Andrews Kurth’s Privacy and Cybersecurity * 118th Congress: Freshmen Members of House of Representatives and... by: John R. West and Kate M. Kros * How Employers Can Prepare for Oregon’s Paid Family Leave Program by: Mark A. Crabtree * 12 Days of CRM: Day Five – The Five Golden A’s of Data Quality [VIDEO] by: Christina R. Fritsch JD * Long Term Care Update: As Winter Arrives, CMS Renews its Emphasis on... by: Carmen Jule and Justine F. Lei * TradeTalk China: December 12 – December 16, 2022 by: Pablo E. Carrillo and Ludmilla L. Kasulke * New Year, New Rules for Employers Doing Business in New Jersey in 2023 by: Sean J. Kirby * The Anti-Kickback Statute & Stark Law Explained by: Tycko & Zavareei Whistleblower Practice Group * Danske Bank Scandal Proves Need for AML Whistleblower Law by: Grace Schepis * 340B Hospital Reimbursement Update – Underpayments and the Need to... by: Kyle A. Vasquez and Mary H. Canavan * New York City Bill Could Fundamentally Change Employer-Employee... by: Kevin J. White * The EPA Proposes to Change Toxic Release Inventory (TRI) Reporting... by: David P. Ruetz * Vermont Governor Announces Family and Medical Leave Insurance Plan by: Debra Weiss Ford and Samuel H. Martin * HHS Releases Bulletin on Use of Online Tracking Technologies by HIPAA... by: Hunton Andrews Kurth’s Privacy and Cybersecurity * Ethics & Compliance Program Funding by: Jonathan S. Aronie * New York Department of Health Revises the COVID-19 Return-to-Work... by: Jenifer M. Bologna and Henry S. Shapiro * FTC Launches Review of "Green Guides" by: Anthony V. Lupo and Amy Antoniolli * LinkedIn’s Data Scraping Battle with hiQ Labs Ends with Proposed... by: Kyle R. Dull and Julia B. Jacobson * Dubai Courts Refuse Enforcement of An Arbitral Award Against a... by: Jonathan H. Sutcliffe and Mohammad Rwashdeh * Philadelphia Commuter Transit Benefits Coming Soon by: Evandro C Gigante and Arielle E. Kobetz * Proposed Changes to the Canadian Feed Ingredients Table by: Food and Drug Law at Keller and Heckman * Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage... by: David K. Taylor * A Brief History and Status of (Cleaned Up) in the Sixth Circuit by: Shams Hirji * The Rise Of The Self-Tapping Website? State Wiretapping Class Actions... by: Adam D. Bowser * It’s Up To You New York, New York; NLRB Reinstates Worker-Friendly... by: Steven J. Porzio and Joshua S. Fox * The Pennsylvania Environmental Rights Amendment and Statues by: David G. Mandelbaum * Cutting Corners: SEC Sues Surgical Implant Company for Disclosure AND... by: Peter D. Hutcheon * SEC Makes Claims But Provides No Data by: Keith Paul Bishop * Das Jahr neigt sich dem Ende – was erwartet uns Neues in 2023? by: Renate Prinz * TRADE SECRETS: An International Perspective on Their Protection and... by: Patrick Sands and Harrison Ottaway * NLRB Decision Grants Easier Property Access for Off-Duty Contract... by: Jonathan J. Spitz and Richard F. Vitarelli DECEMBER 18, 2022 * Underboss of Philadelphia Mafia Sentenced for Leading Racketeering... by: United States Department of Justice (DOJ) * 12 Days of CRM: Day 4 – How has CRM use Changed & Where It’s... by: Christina R. Fritsch JD * Two Tennessee Men Arrested for Planning Attacks on Law Enforcement... by: United States Department of Justice (DOJ) DECEMBER 17, 2022 * 12 Days of CRM: Day Three – What Should CRM Do for You [VIDEO] by: Christina R. Fritsch JD * Mast-Jägermeister SE Wins 10 Million RMB at Beijing IP Court for... by: Aaron Wininger * Caremark Liability Following the SEC’s New ESG Reporting Requirements by: Jacob H. Hupart and Douglas P. Baumstein * SCOTUS Takes a Pass on “Gap Time” Dispute by: Allan S Bloom * Beltway Buzz, December 16, 2022 by: James J. Plunkett * 2023 European Fund Finance Market Predictions by: Samantha Hutchinson and Nathan Parker * National Labor Relations Board Allows Recovery of Consequential... by: Robert M. Steptoe Jr. and Anna Pugh NextPrev FEATURED ARTICLES The Rise Of The Self-Tapping Website? State Wiretapping Class Actions Take Off After Two Recent Circuit Court Decisions by: Adam D. Bowser The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online... Read More > 12 Days of CRM: Day 4 – How has CRM use Changed & Where It’s Headed [Video] by: Christina R. Fritsch JD On the fourth day of CRM Chris Fritsch explained to me, four ways CRM has changed over the years! CRM and the technology surrounding it have... Read More > Caremark Liability Following the SEC’s New ESG Reporting Requirements by: Jacob H. Hupart Douglas P. Baumstein Recent developments in the Court of Chancery concerning a corporate board’s duty to monitor and provide oversight over a corporation’s... Read More > SCOTUS Takes a Pass on “Gap Time” Dispute by: Allan S Bloom It’s two months into argument season at the Supreme Court, and we’re always keeping our fingers crossed that the justices will take up a... Read More > Intellectual Property Law: Looking Forward to 2023 by: Dorothy R. Auth Ph.D. Howard Wizenfeld With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S.... Read More > Tom Brady, Larry David, and Others Named Defendants in Class Action Suit Filed Against FTX by: George P. Angelich Dan Jasnow Four days after FTX, once the world’s third-largest crypto exchange, filed for voluntary Chapter 11 bankruptcy, former FTX investors filed a... Read More > FTC Starts Long-Awaited Green Guides Review by: Food and Drug Law at Keller and Heckman On December 14, 2022, at an open meeting of the Federal Trade Commission (“FTC” or “Commission”), FTC commissioners... Read More > Battle Lines Drawn on Electric Vehicle Tax Credit Specifics by: William Ball As the Internal Revenue Service (“IRS”) begins issuing guidance for every tax provision of the Inflation Reduction Act (“IRA... Read More > 0 0 0 0 0 0 0 0 Speak Out Act Speaks (But Not Dramatically) John F. Birmingham Jr. On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act ... Read More > The Anti-Kickback Statute & Stark Law Explained Tycko & Zavareei Whistleblower Practice Group The Anti-Kickback Statute and Stark Law are in place to ensure that medical services and... Read More > Danske Bank Scandal Proves Need for AML Whistleblower Law Grace Schepis Nearly 10 years after former employee Howard Wilkinson blew the whistle on Danske Bank,... Read More > Advertisement 340B Hospital Reimbursement Update – Underpayments and the Need to Act Now Kyle A. Vasquez & Mary H. Canavan It has certainly been a year of ups and downs for 340B hospitals. While litigation... Read More > LinkedIn’s Data Scraping Battle with hiQ Labs Ends with Proposed Judgment Kyle R. Dull & Julia B. Jacobson LinkedIn and hiQ Labs agreed to a consent judgment and permanent injunction to resolve... Read More > Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage safe under the Tree? David K. Taylor Here’s the Scenario: Try explaining the concept of “retainage” to a businessperson... Read More > Cutting Corners: SEC Sues Surgical Implant Company for Disclosure AND Accounting Fraud Peter D. Hutcheon On Wednesday, Aug. 3, 2022, the U.S. Securities and Exchange Commission (“SEC”) sued the... Read More > VIEW MORE FEATURED ARTICLES > EMERGING LEGAL NEWS FAQs About Bias In Artificial Intelligence (AI) – Avoiding the Dystopian Potential of an Utopian Tool Kenneth C. Broodo & Natasha Allen Ethics & Compliance Program Funding Jonathan S. Aronie SEC Makes Claims But Provides No Data Keith Paul Bishop Advertisement Underboss of Philadelphia Mafia Sentenced for Leading Racketeering Conspiracy Engaged in Loansharking, Gambling, and Extortion United States Department of Justice (DOJ) National Labor Relations Board Allows Recovery of Consequential Damages for Unfair Labor Practices Robert M. Steptoe Jr. & Anna Pugh The Continued Importance of PPP Appeals Theodora McCormick & Robert Lufrano FTC Seeks Public Comment on Potential Updates to the Green Guides, Will Begin 60-Day Comment Period in January 2023 B&C® Biobased and Sustainable Chemicals Practice Group Bergeson & Campbell, P.C. Rule 10b5-1 Amendments Adopted by the SEC Erin Reeves McGinnis NLRB Issues Twin Rulings Expanding the Scope of 'Make-Whole' Remedies and Easing Union Organizing Burdens Ahmad Chehab & Michelle P. Crockett EPA Announces Updates to New Chemicals Review Program Web Page Lynn L. Bergeson & Carla N. Hutton EPA Publishes Direct Final Rule on New ASTM Standard for Phase I All Appropriate Inquiries Susan H. Cooper & Jimmy F. Kirkland Commissioner Uyeda Warns Of Looming Item 402 Letter Deficit, But George Eliot Provides An Answer Keith Paul Bishop More Emerging News Articles > Advertisement RUSSIA & UKRAINE LEGAL UPDATES Active Russian Agent Andrii Derkach Indicted for Scheme to Violate Sanctions in the United States United States Department of Justice (DOJ) READ MORE > Case Law Update: Disputes Relating to Supply Chain Disruptions Hit the Courts Vanessa L. Miller & Leah R. Imbrogno READ MORE > CORONAVIRUS NEWS Long Term Care Update: As Winter Arrives, CMS Renews its Emphasis on COVID-19 Vaccinations,... Carmen Jule & Justine F. Lei As surges in various respiratory illnesses – including COVID-19 – loom over... READ MORE > What Does 2023 Hold for California COVID-19 Supplemental Paid Sick Leave? Benjamin A. Tulis Global M&A Trends: A Wider Slowdown but Still on Track to Surpass Pre-Pandemic Activity Louis Lehot & Brandee L. Diamond VIEW MORE RELATED ARTICLES > Advertisement THE BUSINESS OF LAW 12 Days of CRM: Day Five – The Five Golden A’s of Data Quality [VIDEO] by Christina R. Fritsch JD On the fifth day of CRM, Chris Fritsch gave to me, the 5 golden A’s of CRM! Sitting down and... Read More > Advertisement UPCOMING LEGAL EDUCATION EVENTS Tuesday, December 20, 2022 Life Sciences Lifeline - Expanded TRIPS Waivers: What You Need to Know Tuesday, January 10, 2023 How to Use Marketing Technology to Build Your Brand and Business in 2023 and Beyond Tuesday, January 10, 2023 Legislative Landscape: Opportunities with Divided Government Wednesday, January 25, 2023 What You Should Know About Payor/Provider Convergence The National Law Review FEDERAL LAW NEWS Weekly IRS Roundup December 12 – December 16, 2022 McDermott Will & Emery Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of December 12, 2022 –... Read More > SEC Adopts Final Rules Regarding 10b5-1 Trading Plans and Disclosure of Insider Trading Policies and Related Matters Garrett F. Bishop & James G. Lundy On December 14, 2022, the U.S. Securities and Exchange Commission (“SEC”) adopted ... Read More > 118th Congress: Freshmen Members of House of Representatives and Senate John R. West & Kate M. Kros This list details incoming freshmen members of the House of Representatives and the Senate for the 118th Congress in alphabetical order. ... Read More > The EPA Proposes to Change Toxic Release Inventory (TRI) Reporting for PFAS David P. Ruetz On December 5, 2022, the U.S. Environmental Protection Agency (EPA) provided notice in the Federal Register (see “Federal Register”/Vol. 87, No. 232/Monday December 5, 2022) of a Proposed Rule that would make... Read More > HHS Releases Bulletin on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates Hunton Andrews Kurth’s Privacy and Cybersecurity On December 1, 2022, the Office for Civil Rights at the U.S. Department of Health and Human Services (“HHS”) released a ... Read More > FTC Launches Review of "Green Guides" Anthony V. Lupo & Amy Antoniolli The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes... Read More > A Brief History and Status of (Cleaned Up) in the Sixth Circuit Shams Hirji Who was the first Sixth Circuit judge to use the (cleaned up) parenthetical in a judicial opinion? What is the current status of (cleaned up) in the Sixth Circuit? Which judges use it regularly, which judges never use it, and... Read More > Beltway Buzz, December 16, 2022 James J. Plunkett 117th Congress Works on Last-Minute Bills as Holidays Loom. Nothing is more typical of the holiday season in Washington, D.C., than a last-minute legislative crisis in the U.S. Congress, and this year is no... Read More > United States: SEC Proposes Regulation Best Execution Stacy L. Fuller & Nicholas O. Ersoy On December 14, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed Regulation Best Execution (“Regulation Best Ex”) under the Securities... Read More > CMS Issues Additional Flexibilities to the ACO REACH Model’s Benefit Enhancements Rachel E. Yount As Accountable Care Organizations (ACOs) and providers gear up for the start of the new ACO REACH Model in 2023, CMS recently issued helpful policy updates to the model’s benefit enhancements (BEs). Under BEs, CMS waives... Read More > NLRB Confirms a Return to Union Gerrymandered Bargaining Units Keahn N. Morris & John S. Bolesta As we previously predicted, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in ... Read More > Load More Advertisement Advertisement Advertisement STATE LAW NEWS CPPA Board Holds Meeting on Status of CPRA Rulemaking and Other Topics Hunton Andrews Kurth’s Privacy and Cybersecurity On December 16, 2022, the California Privacy Protection Agency (“CPPA”) Board held a public meeting regarding the... Read More > How Employers Can Prepare for Oregon’s Paid Family Leave Program Mark A. Crabtree Oregon’s Paid Family Leave program commences on January 1, 2023. As an initial step, most Oregon employers must alert employees about the program and begin paying into the state insurance plan. The law requires employers post... Read More > New Year, New Rules for Employers Doing Business in New Jersey in 2023 Sean J. Kirby The New Year will usher in several new employment laws in New Jersey. This update summarizes these new legal requirements to help New Jersey employers prepare for 2023. MINIMUM WAGE... Read More > New York City Bill Could Fundamentally Change Employer-Employee Relationship for NYC Employers Kevin J. White On December 7, 2022, New York City Council Member Tiffany Cabán along with three other co-sponsors introduced a proposed bill that would prohibit all employers from terminating employees without (1) “just cause” or (2) a bona... Read More > Vermont Governor Announces Family and Medical Leave Insurance Plan Debra Weiss Ford & Samuel H. Martin Vermont will join its neighboring state New Hampshire in implementing a voluntary paid family and medical leave insurance program. The program, called the Vermont Family and Medical Leave Insurance... Read More > Vermont Governor Announces Family and Medical Leave Insurance Plan Debra Weiss Ford & Samuel H. Martin Vermont will join its neighboring state New Hampshire in implementing a voluntary paid family and medical leave insurance program. The program, called the Vermont Family and Medical Leave Insurance... Read More > New York Department of Health Revises the COVID-19 Return-to-Work Protocols for Healthcare Personnel, Consistent with CDC Recommendations Jenifer M. Bologna & Henry S. Shapiro On November 30, 2022, the New York State Department of Health (NYSDOH) updated its Advisory on Return-to-Work Protocols for Healthcare Personnel with SARS-CoV-2 Infection or Exposure to Sars-CoV-2. This new guidance... Read More > Philadelphia Commuter Transit Benefits Coming Soon Evandro C Gigante & Arielle E. Kobetz Effective December 31, 2022, the Philadelphia, Pennsylvania Employer Commuter... Read More > It’s Up To You New York, New York; NLRB Reinstates Worker-Friendly Standard for Access to Third-Party Property Steven J. Porzio & Joshua S. Fox The National Labor Relations Board (“NLRB” or “Board”) capped off an extremely busy week, by issuing another precedent-reversing decision, on the last day of Republican Member John Ring’s 5-year term. In Bexar County II... Read More > The Pennsylvania Environmental Rights Amendment and Statues David G. Mandelbaum Last week, the Pennsylvania Commonwealth Court, an intermediate appellate court, weighed in on whether the City of Philadelphia could remove a statue of Christopher Columbus from public display. ... Read More > Load More INTERNATIONAL LAW NEWS Child Status Protection Act: Insights and Helpful Hypos [PODCAST] by Daniel Maranci & Christina M. Kelley In this podcast, Dan Maranci and Christina Kelley discuss the Child Status Protection Act (CSPA) and how its... Read More > UK Government and the Dubai International Financial Centre Issue Joint Statement on Data Bridge by Hunton Andrews Kurth’s Privacy and Cybersecurity On December 15, 2022, the UK government and the Dubai International Financial Centre Authority (“DIFC”) issued a ... Read More > TradeTalk China: December 12 – December 16, 2022 by Pablo E. Carrillo & Ludmilla L. Kasulke 1. As the 117th Congress Winds Down, Republican Messaging on China Gets... Read More > Dubai Courts Refuse Enforcement of An Arbitral Award Against a Foreign Party by Jonathan H. Sutcliffe & Mohammad Rwashdeh A recent judgment of the Dubai Court of Cassation refused to enforce a foreign arbitral award against a party (the... Read More > Proposed Changes to the Canadian Feed Ingredients Table by Food and Drug Law at Keller and Heckman * The manufacture, sale and import of livestock feeds are regulated in Canada under the Feeds Act and... Read More > Das Jahr neigt sich dem Ende – was erwartet uns Neues in 2023? by Renate Prinz Zum Ende des Jahres empfiehlt es sich einen Blick auf neue Regelungen zum Jahresbeginn werfen: Ab dem 1. Januar... Read More > TRADE SECRETS: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk by Patrick Sands & Harrison Ottaway There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former... Read More > Mast-Jägermeister SE Wins 10 Million RMB at Beijing IP Court for Trademark Infringement and Unfair Competition by Aaron Wininger On December 15, 2022, the Beijing Intellectual Property Court... 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