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Articles by Dicker LLP
COVID-19 Liability Claims Playbooks – Now Available For Download! - Coronavirus (COVID-19) - United States
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Impact Of COVID-19 On Workers' Compensation (Webinar)
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Securities Arbitration In FINRA: A Guide To What Every Securities Broker Needs To Know February 2009
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Pandemic Fallout: Surfacing Coverage Issues and Claims Trends for Design Professionals
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Wilson Elser Webinar COVID-19 D&O Claims
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Navigating Government-Mandated Order to Shut Down Construction Sites: Avoiding Perils of Compliance
Tuesday, April 14, 2020 On Friday, March 27, 2020, Governor Andrew Cuomo declared that all nonessential construction would be shut down in New York state during the ongoing coronavirus pandemic. The announcement, which represents a significant shift in policy from his original position that all construction was deemed essential, left owners, contractors, builders and developers bewildered as to how to navigate and implement this closure in a safe and expedient manner.
Managing Client Relationships While Transitioning to a Remote Legal Practice and Moving Forward in a Crisis: A Positive Perspective
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
New York’s Executive Order 202.10: What does it say, to whom does it apply and what does it mean?
March 31, 2020 New York’s Executive Order 202.10: What does it say, to whom does it... by: Health Care Law Practice Group at Wilson Elser Just Starting Up A Company? You Might Not Be Considered A “Competitor... by: Philip J. Mohr FCC APPROVES STIR/SHAKEN MANDATE AND SEEKS COMMENT ON EXPANSION by: Paul C. Besozzi Climate Change Disclosures for Premium-Listed Companies on the London... by: Darren Spalding and Alastair Young Speeding Up and Slowing Down Antitrust Reviews – How the Federal...
How to Navigate the Coronavirus: A Reference Guide for Employers
March 17, 2020 Bipartisan Congress Intensifies Efforts to Restrict Orphan Drug... by: Sarah M. Cork, Ph.D. Federal Circuit Makes It More Difficult for Accused Infringers to... by: Robert M. Masters and Jonathan R. DeFosse Technical Corrections to the House’s Employment Provisions within the... by: Mark J. Neuberger and Carrie Hoffman City of Boston’s Press Release on Suspending Construction in Boston... by: R. Thomas Dunn How to Navigate the Coronavirus: A Reference Guide for Employers by: Robert B.
Cannabis In The Workplace: A Comparative Law Review Of Employee Rights And Employer Obligations
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Coronavirus: Factors for the Insurance Industry to Consider − Part 1 Business Interruption
Wednesday, February 26, 2020 Coronavirus, recently named “COVID-19” by the World Health Organization, presents like a Hollywood disaster movie: It appears to be a mutated virus There is no available vaccination More than 50 million people in China have been quarantined, more than 60,000 people are infected and more than 1,700 people are dead Global businesses operating in affected zones in China have shut down or significantly restricted operations Health experts project this outbreak may not...
Tenant Eviction Act: New California Rent And Eviction Control Protections
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U.S. House Votes to Approve Measure Blocking Feds from Interfering with State Cannabis Laws
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Wyoming Banking Commission Releases Draft Regulations for Bank Custody of Digital Assets
Thursday, June 13, 2019 On the morning of Friday, May 31, 2019, many eyes were on the SEC in connection with their Strategic Hub for Innovation and Financial Technology (FinHub) panels on securities issues relating to digital assets, including custody.
Is the Doctor In? Medical Malpractice Issues in the Age of Telemedicine
Wednesday, April 17, 2019 With increased reliance on telemedicine, many physicians question whether the elimination of in-office, face-to-face patient encounters increases their potential medical practice liability risks. Approximately 90% of health care organizations use or plan to implement telehealth platforms. In states permitting telehealth, 95% of large employers offered telehealth to employees for minor, non-urgent services in 2018.
U.S. Supreme Court Weighs in on Nontaxable Costs Recoverable in Copyright Suits and Standing to Sue
Wednesday, April 10, 2019 In March 2019 the U.S. Supreme Court issued decisions in two copyright cases, both of which concern narrow issues of statutory interpretation and are examples of matters that the Court addresses to ensure uniformity in the decisions of the lower courts. Following is an account and analysis of the cases. Rimini Street In the first case, Rimini Street, Inc. v. Oracle USA, Inc., 586 U.S. _, 139 S.
Wyoming Cements Position as Leading U.S. Jurisdiction for Blockchain with Sweeping New Legislation
February 27, 2019 Diagnostic Method Found Ineligible, Again by: Joseph Speyer Wyoming Cements Position as Leading U.S. Jurisdiction for Blockchain... by: Robert V. Cornish Jr. Making Lemonade Out of Lemons: Opportunity Zones, Brownfields... by: Jillian C. Kirn and Laura Bottaro Galier Don’t Delay Rule 23(f) Appeal by: Michael D. Leffel More Opportunities On the Horizon for Small Businesses Seeking to... by: Townsend L.
Proposition 65 in California, Three Months After Enforcement
Thursday, November 15, 2018 By now, followers of California’s Proposition 65 are well aware of the August 30, 2018, changes. In a nutshell, they are: Changes to warnings that require inclusion of a specific chemical and potential harmful result of either cancer and/or birth defect Required website warnings Mandatory pictograph and required font size The burden is shifted from retailers to manufacturers Annual renewal and review. So, what has been the impact three months into these new regulations?
New Jersey's Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases
The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy (but these days, resigned) client.
Copyright Is No Monkey Business, Rules the Ninth Circuit
On April 13, 2018, the Ninth Circuit Court of Appeals affirmed the dismissal of a copyright infringement lawsuit brought on behalf of a very dexterous monkey, Naruto, that managed to take selfies with an unattended camera belonging to wildlife photographer David Slater. Mr. Slater published the monkey selfies in his book, identifying himself as the copyright owner while admitting that Naruto took the photographs.
CFTC v. McDonnell: Amidst All the Hype, Don’t Forget “Commodity” is a Defined Term
The Internet recently erupted with news reports and law firm legal alerts broadcasting the endorsement by a federal court of the Commodity Futures Trading Commission’s (CFTC) position that virtual currencies (a.k.a. cryptocurrencies) are commodities subject to CFTC oversight pursuant to the Commodities Exchange Act (CEA). Not so fast! While it is clear that Bitcoin is a commodity for purposes of CFTC jurisdiction, the same may not be true of other virtual currencies.
Secondary Payer Act - Medicare Alert
The recent decision in Mayo v. NYU Langone Med. Ctr., 2018 NY Slip Op. (U) 30456 (N.Y. Sup. Ct. March, 13, 2018), voiding a settlement on grounds of mutual mistake, holds important lessons for those seeking to resolve a claim concerning a Medicare beneficiary, as reliance on a conditional payment notice may provide grounds to void a settlement.
USCIS Pilot Program to Favor Advance Planning Over Border Adjudications for Canadian L-1s
According to a recent announcement, U.S. Citizenship and Immigration Services (USCIS) will be implementing a new pilot program, beginning April 30, 2018, purportedly “ to facilitate the adjudication and admission process of Canadians traveling to the U.S. as L-1 nonimmigrants” under the North American Free Trade Agreement (NAFTA).
States’ Attorneys General Throw Shade on USDOL’s “PAID” Program
Last month, we discussed some serious concerns about the efficacy of the U.S. Department of Labor’s “PAID” program, under which employers can self-report wage and hour violations to the federal agency and negotiate a seeming resolution of potential claims. Chief among our concerns was that the resolution would not extend to state law claims, leaving an employer that participates in the “PAID” program materially exposed to state law claims and lawsuits.
Autonomous Vehicles and Ride Sharing are Reshaping Cities Now
Just two months ago, we wrote about how Autonomous Vehicles and Ride Sharing Will Reshape Our Buildings, Our Cities, and Our Lives.
Facebook's Zuckerberg Testifies In Front Of Congress
Mark Zuckerberg testified before the US Congress in two marathon sessions this week. He was quizzed on topics including Cambridge Analytica and data sharing, privacy law and social media regulation, and Facebook’s policies. Key issues covered in the inquiry, and what we learned included: Potential moves to regulate social media and enhance US privacy law: Zuckerberg described social media regulation as “inevitable”, but that it needed to be the “right” regulation.
IOT Group to set up blockchain centre in the Australian energy sphere
Technology company IOT Group announced this week that it has signed an Australian first energy and blockchain deal. In the agreement with Hunter Energy, IOT Blockchain will build a blockchain centre at the Redbank coal-fired power station in the Hunter Valley, two hours north of Sydney. The power station was closed in 2014, but Hunter Energy is now working to recommission the plant, aiming to begin generation in 2019.
Can PVC be Used in Packaging in Europe?
Are polyvinyl chloride (PVC) films and PVC packaging either fully or partially prohibited in some European Union countries? Polyvinyl chloride (PVC) films and PVC packaging intended to come into contact with food are not banned in the European Union (EU).
National Academies Find IRIS Program Has Made “Substantial Progress”
Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C's clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends.
Prevention of Food borne Illnesses
Recently, there have been several food warnings and recalls based on confirmed or suspected Listeria contamination. Some recent culprits have been smoked salmon, turnip sticks, pre-made sandwiches, ice cream bars, cream cheese, green beans, and frozen meatballs. Fresh, raw, and unpasteurized products are especially susceptible to Listeria contamination. Listeriosis is food poisoning caused by eating foods contaminated with the Listeria monocytogenes (L. monocytogenes) bacterium.
6 Ways to Optimize Your Law Firm Website for Voice Search
FindLaw’s 2017 U.S. Consumer Legal Needs Survey — an annual survey that delves into the biggest influencers on a consumer’s decision to hire an attorney — discovered that 27% of those surveyed used voice search when looking for an attorney. Most (21%) of them used a home device like Google Home or Amazon’s Echo; 6% used Siri or other mobile voice search.
FCA Welcomes Agreement on Terms of Brexit Implementation Period; BoE Announces “Dear CEO” Letters and PRA Policy Statements
On March 28, the UK Financial Conduct Authority (FCA) published a statement on the withdrawal of the United Kingdom from the European Union (Brexit) following UK-EU agreement in relation to aspects of the transition period—notably the end date for the transition period of December 31, 2020.
Another Court Grants Summary Judgment to FCA Defendant Based on Escobar’s Materiality Standard
On April 6, 2018, the U.S. District Court for the Eastern District of Pennsylvania granted a motion for summary judgment filed by a waste company in an implied certification case under the False Claims Act (FCA), holding that the relator failed to satisfy the Supreme Court’s materiality standard announced in the landmark Escobar case. The claims in U.S. ex rel. Cressman v. Solid Waste Services, Inc.
Could the Supreme Court's Lucia Argument Become A Cage Match?
On April 23, the U.S. Supreme Court will hear what may be one of the most impactful cases for the Securities and Exchange Commission, and perhaps other federal administrative agencies, in a long time. In Lucia v. SEC, the Supreme Court will hear arguments – including from the U.S. Solicitor General – that the way that the SEC’s administrative law judges (ALJs) are appointed violates the U.S. Constitution’s Appointments Clause.
CPSC Takes a Dip in the IoT Regulatory Pool
The U.S. Consumer Product Safety Commission (CPSC) announced on March 27 its plan to hold a public hearing on May 16 “to receive information from all interested parties about the potential safety issues and hazards associated with internet-connected consumer products,” commonly known as the Internet of Things (IoT). The significance of this undertaking is noteworthy and welcomed.
Bring All Your Claims Together: No Piecemeal Declaratory Judgment Actions
In a dispute over royalty payments, the US Court of Appeals for the Federal Circuit held that a patent holder lacked standing under the Declaratory Judgment Act to challenge its own patent’s validity to expedite the termination of its royalty payments. AbbVie Inc. v. MedImmune Ltd., Case No. 17-1689 (Fed. Cir., Feb. 5, 2018) (Dyk, J). In 1995, AbbVie and MedImmune’s predecessors entered into an agreement to develop and license adalimumab, the active ingredient in Humira.
Law Firms’ Guide To Selecting A Cloud-Based Vendor
Selecting vendors can be a frustrating and complicated process—but it doesn’t have to be.
Launch of the Criminal Divison's In-House Health Care Data Analytics Team
In its “2017 Year in Review” (https://www.justice.gov/criminal- fraud/file/1026996/download), the Fraud Section in the Criminal Division of the US Department of Justice announced the launch of its Health Care Fraud Unit’s Data Analytics Team.
Injecting Claim Construction into Motion to Dismiss Analysis Is Improper
The US Court of Appeals for the Federal Circuit reversed a district court’s grant of dismissal as the pleading stage, concluding that the district court inappropriately engaged in claim construction at the pleading stage. Nalco Co. v. Chem-Mod, LLC, Case No. 17-1038 (Fed. Cir., Feb. 27, 2018) (O’Malley, J). Nalco owns a patent directed to a method for removing mercury, a toxic pollutant, from the flue gas of coal-fired power plants.
Hi Ho Silver: Texas Supreme Court Finds Patent Agent Communications Protected
The Supreme Court of Texas held that a client’s communications with a registered patent agent, made to facilitate the agent’s provision of authorized legal services to the client, fall within the Texas attorney-client privilege. In re Silver, Case No. 16-0682 (Tex., Feb. 23, 2018) (Devine, J). Silver brought a breach-of-contract action against Tabletop Media, LLC. Silver alleged that Tabletop failed to pay him for patented technology that Silver claims to have invented and sold to Tabletop.
Financial Ombudsman Service releases plans and budget for 2018/19
On 28 March 2018, the FOS published its plans and budget (“Plan“) for the 2018/2019 financial year. The Plan follows a formal consultation by the FOS with its stakeholders in December 2017. In the Plan, the FOS outlines (amongst other things) its forecasts on consumer complaints for the new financial year, as well as its future plans to ensure that it produces “fair, rigorous and consistent” answers to consumer complaints.
ABI/SAB Miller Deal: DOJ Clarifies Best Efforts Clause in Proposed Final Judgment
As most members of the alcohol and beverage industry are aware, Anheuser-Busch InBev (ABI) acquired the global holdings of SABMiller in a more than $100 billion merger in October 2016. The Department of Justice (DOJ) required ABI to divest SABMiller’s United States business, including its ownership interest in MillerCoors. Since November 2016, the parties have engaged in ongoing briefing seeking approval of a Proposed Final Judgment (PFJ) in the US District Court for the District of Columbia.
FAA Reports Frequent Lithium Battery Incidents
At nearly every airport gate I have entered over the past two years, inevitably there has been an announcement that the flight is full, overhead space will run out, and the gate agents are looking for volunteers to check their baggage. The gate agents would then advise flyers to take keys, medications and valuables out of checked bags. They also would warn flyers to take spare lithium-ion batteries out of checked bags, but this announcement always seemed to get lost in the airport noise.
SIMP to Include Abalone and Shrimp to the List
As previously reported on this blog, the National Marine Fisheries Service’s (NMFS) National Oceanic and Atmospheric Administration (NOAA), Commerce Department, issued a final rule on December 9, 2016 (81 FR 88975), that established the Seafood Import Monitoring Program (SIMP). The goal of the program is to prevent illegal, unreported, and unregulated (IUU) seafood from entering U.S. commerce.
Case to Watch: Goldman v. Breitbart, involving embedded Tweets of Tom Brady recruiting Kevin Durant in the Hamptons
The Southern District of New York has teed up an important copyright issue for interlocutory appeal, which could create a circuit split with the Ninth Circuit’s 2006 decision Perfect 10, Inc. v. Amazon.com, Inc. On March 19, Judge Katherine Forrest certified for interlocutory appeal her February 15 summary judgment decision favoring the copyright owner, Justin Goldman.
New Jersey Expands Medical Cannabis Program
On March 27, 2018, New Jersey approved a significant expansion of its medical marijuana program. Reforms include eligibility for patients with anxiety, chronic pain, migraines and Tourette’s syndrome. The move is expected to expand the number of eligible patients far beyond the current level of 18,874. Registration fees will be lowered for patients and the public registry for participating physicians abolished. Currently only 536 out of 28,000 physicians are registered in the program.
Last-Minute Quick Fixes for GDPR Compliance – Recommended Action Steps
Are we prepared for the GDPR?” Not nearly as many companies as should be are asking themselves this question. As such, we have prepared this short post for those that are barely or not at all prepared for General Data Protection Regulation (GDPR) compliance – as 25 May 2018, the day GDPR will enter into force, is just around the corner.
An Employee’s Right of Erasure Under the GDPR
The implementation of the European Union’s General Data Protection Regulation (GDPR), with an effective date of May 25, 2018, is just around the corner, and with it will come pressure on the human resources (HR) department to update its approach to handling employee data. The GDPR significantly enhances employee rights in respect to control over their personal data. In particular, the GDPR introduces the concept of a “right of erasure” i.e. a ‘right to be forgotten’.
Is the Pay Gap a Sickness in Your Healthcare Organization? How Healthcare Employers Can Tackle Gender Pay Disparities
In 2017, a number of cases were filed in federal court in various states by female doctors claiming their employers paid them less than allegedly comparable male doctors. At least one of these cases was conditionally certified as a collective action under the Equal Pay Act. These cases followed on the heels of recent studies showing that, on average, female doctors are paid less than male doctors.
EC Committee’s Preliminary Opinion on Colloidal Silver (Nano) Available for Comment
The European Commission (EC) Scientific Committee on Consumer Safety (SCCS) announced on March 20, 2018, that its preliminary opinion on colloidal silver (nano) is available for comment. According to the preliminary opinion, the EC received 63 notifications of cosmetic products containing colloidal silver in nano form.
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