Alerts

Does anyone feel like they’ve seen this movie before? On September 6, the National Labor Relations Board (NLRB or “the Board”) announced a notice of proposed rulemaking that dramatically changed the joint employer analysis under the National Labor Relations Act (NLRA or “the Act”).

Headlines that Matter for Companies and Executives in Regulated Industries

On August 16, 2022, we prepared an alert discussing Mickelson v. PGA Tour, Inc. and the claims made by suspended PGA Tour players (“Player Plaintiffs”) against PGA Tour, Inc. (“Tour.”) Quite a bit has transpired in the past three weeks both in and out of the courtroom.

A Ninth Circuit panel that previously upheld a California law prohibiting mandatory employment arbitration agreements in the workplace withdrew its decision and ordered the matter to be resubmitted for a panel rehearing. 

Whether CCRC residency agreements are treated as leases or contracts under state law could impact the recovery of CCRC bonds in the event of the insolvency of the CCRC owner. Some states treat CCRC residency agreements as leases and others as contracts.

The recently unveiled California Health and Human Services Data Exchange Framework (the Framework) creates a new regulatory and governance structure to promote the exchange of health information between health care providers in California.

The Biden Administration has long been clear that it believes environmental justice (EJ) issues should be at the forefront of federal environmental law.

Headlines that Matter for Companies and Executives in Regulated Industries

The US Internal Revenue Service (IRS) recently released Notice 2022-36, in which the IRS announced that it is automatically waiving (and automatically abating, refunding, or crediting, as appropriate) penalties for failure to timely file specified tax returns for the 2019 and 2020 tax years.

In Nevada, employees terminated for off-duty use of marijuana do not have a right of action under NRS 613.333, which creates a private right of action for an employee who is discharged for engaging in the “lawful use” of products while off the clock and off the employer’s premises.

On August 16, 2022, the Internal Revenue Service issued a final regulation on its ability to provide state governments with information regarding organizations seeking to become exempt and those already exempt from federal income taxation under Section 501(c) of the Internal Revenue Code.[1]

Five Questions, Five Answers

In the last few years, global insurance markets have faced unprecedented challenges from climate change disasters, cyber security threats, and cryptocurrency.

On August 26, the US Environmental Protection Agency (EPA) released a pre-publication version of its proposal to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.

TMR, LLC conceived of and ran the day-to-day business operations for the Chenoa Fund, a mortgage financing business implemented and operated by CBC Mortgage Agency, Inc. Despite this, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision canceling TMR’s trademark registration.

In an effort to reorganize, the New York Department of Health (NYDOH) has formed a new Office of Aging & Long Term Care (OALTC), which would oversee long term care and senior living facilities in New York.

Headlines that Matter for Companies and Executives in Regulated Industries

After many years of policy debate and attempts at proposed legislation, some of the most meaningful changes to the ways in which Medicare pays for prescription drugs – and the obligations of manufacturers selling drugs to Medicare beneficiaries - have finally come to pass.

According to a recent unpublished Ninth Circuit ruling, obtaining consent prior to using recording technologies is required for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable for website operators as it signals obtaining targeted consent.

The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration’s attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened communities.

Projects that produce or recycle wind turbine blades, manufacture energy storage equipment, or refine or blend renewable or low-carbon fuels may qualify for up to a 30 percent tax credit under the Inflation Reduction Act (IRA). The IRA provides some significant wins for US manufacturers.

On August 10, 2022, the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) issued a joint proposal to amend Form PF,[1] a reporting form for SEC-registered reporting private fund advisers to require enhanced periodic disclosures.

An important step in the US Environmental Protection Agency’s (EPA) Strategic Roadmap for Per- and Polyfluoroalkyl Substances (PFAS) was completed on August 12 when the Office of Management and Budget (OMB) announced the completion of its review of an EPA proposal to designate two PFAS as hazardous.

Headlines that Matter for Companies and Executives in Regulated Industries

Recently, Major League Baseball (MLB) informed teams that cannabidiol (CBD) sponsorships were no longer off limits and that they were free to pursue sponsorships in the CBD category under certain conditions. CBD companies will also no longer be prohibited from airing commercials during MLB games.