Legal Updates

Torres Talks Trade Podcast Episode 10 on the Foreign Agents Registration Act

The Foreign Agents Registration Act, FARA, has been making headlines recently, as Washington seeks to crack down on foreign influence in the United States. But the law has a surprising history, and could be in for some major updates in the coming months. In the first of a two-part series, Host Olga Torres is joined by David Laufman, former Chief of the Counterintelligence and Export Controls Section at the Department of Justice to discuss all things FARA. Be sure to tune in next week, for Part 2, where David will discuss high-profile sanctions and export enforcement cases, DOJ voluntary self-disclosures, and C-suite compliance certifications recently announced by DOJ.

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Biden Administration Seeks to Clarify Patient Privacy Protections Post-Dobbs, Though Questions Remain

On July 8, two weeks following the Supreme Court’s ruling in Dobbs v. Jackson that invalidated the constitutional right to abortion, President Biden signed Executive Order 14076 (E.O.). The E.O. directed federal agencies to take various actions to protect access to reproductive health care services,[1] including directing the Secretary of the U.S. Department of Health and Human Services (HHS) to “consider actions” to strengthen the protection of sensitive healthcare information, including data on reproductive healthcare services like abortion, by issuing new guidance under the Health Insurance and Accountability Act of 1996 (HIPAA).[2]

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Podcast: Impact of COVID-19 on Pharmacist Scope of Practice: Before and After the PREP Act – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  For years, pharmacy advocates have urged policymakers to make changes to state scope of practice laws that would permit pharmacists to prescribe and administer certain tests and vaccines at the pharmacy. How has COVID-19 impacted these efforts?

Hear from special guest Will Chang, Chief Legal Officer of UpStream.

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New York City’s “Guaranty Law” Remains Legal — For Now

When the COVID-19 pandemic struck in 2020, it brought New York City to a standstill. In response to the worsening pandemic, then Gov. Andrew Cuomo passed a series of Executive Orders mandating the closure of non-essential businesses with the intent of limiting the spread of the deadly disease. Many businesses in the City were forced to temporarily close and found themselves unable to meet their rental obligations.In response, New York City enacted Administrative Code § 22-1005, entitled “Personal Liability Provisions in Commercial Leases.” This provision is commonly known as the “Guaranty Law” and is largely intended to protect personal guarantors of commercial leases from facing liability for obligations incurred at the early height of the pandemic, between March 7, 2020 and June 30, 2021. While the Guaranty Law remains in effect, it is facing a significant constitutional challenge in federal court. Read more…

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Video: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-FerrisEmployment Law This Week

As featured in #WorkforceWednesday:  This week, we update you on national trends relating to pay data collection, non-compete restrictions, and joint-employment rules.

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Reminder: Amendments to Colorado Noncompete Law Take Effect Today

As we have previously reported, the Colorado Assembly passed sweeping changes to the state’s noncompete law that, among other things, (1) set compensation floors for enforcement of both noncompetes ($101,250) and customer non-solicitation agreements ($60,750), which will be adjusted annually based on inflation; (2) require a separate, standalone notice to employees before a new or prospective worker accepts an offer of employment, or at least 14 days before the earlier of: (a) the effective date of the restrictions, or (b) the effective date of any additional compensation or changes in the terms or conditions of employment that provide consideration for the restriction, for existing workers; and (3) prohibit the inclusion of out-of-state choice-of-law and venue provisions. Those amendments take effect today, August 10, 2022.

Compliance with these amendments is even more important due to a prior amendment, effective earlier this year, which provides that violations of Colorado’s noncompete law can subject employers to criminal liability (a Class 2 misdemeanor, which carries possible punishment of 120 days in prison, a $750 fine per violation, or both), as well as hefty fines and possible injunctive relief and attorneys’ fees to aggrieved workers.

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NJDCR Adopts New and Amended Regulations Regarding Required Workplace Posters

On August 1, 2022, the New Jersey Division on Civil Rights (DCR) adopted new and amended regulations concerning the “Display of Official Posters of the Division on Civil Rights,” which require employers, housing providers, and places of public accommodation to prominently display “in places easily visible” to those who would be affected by violations of these laws, posters created by DCR to inform individuals and covered entities of their rights and obligations under the New Jersey Law Against Discrimination (LAD) and Family Leave Act (NJFLA).

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Torres Talks Trade Podcast Episode 9 on U.S. Customs and Border Protection’s Global Business Identifier program

In this week’s episode, Host Donna Wedgeworth speaks with Anthony Saranchak, former U.S. Customs Assistant Field Director in Regulatory Audit, to discuss identity theft in U.S. importing and global supply chains and how U.S. Customs and Border Protection is taking a step toward improving supply chain data reliability with the proposed Global Business Identifier program. Find out what this means for businesses and supply chains, and how you can prepare your enterprise as Customs expands the program to the wider industry.

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Key Takeaways from the CFIUS Annual Report for 2021

On Tuesday, August 2, 2022, the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee) released its Annual Report to Congress for calendar year 2021.[1] The report, replete with charts, tables, and graphs visualizing the data and comparing it to prior years, broadly details the work the Committee has done in the past year concerning oversight of foreign investment transactions in areas deemed critical to U.S. national security. There are several key takeaways from the report that are particularly important to international businesses looking to invest in the United States. Read more…

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New York State Tacks on an Extra Year to Its Paid Vaccination Leave Law

Back in March 2021, when it wasn’t easy for many people to get an appointment for an inoculation against COVID-19, New York State created an incentive for employees to get vaccinated.  A new provision was added to the Labor Law, requiring employers to provide paid leave time to employees to obtain each dose. As we previously noted, this statute was intended to sunset on December 31, 2022. However, as this year’s busy legislative session wound down, a bill extending the provision was delivered to Governor Kathy Hochul, who signed off on a 12-month extension of the law’s effective date, through December 31, 2023. Thus, New York employers will be required to provide their employees up to four hours of paid time off for each COVID-19 shot through (at least) the end of next year.

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