Legal Updates

A Year in Review: Top 10 Privacy, Cybersecurity & Data Asset Management Issues in 2021

Throughout 2021, we closely monitored the latest privacy laws and a surge of privacy, cybersecurity, and data asset management risks that affect organizations, small and large. As these laws continue to evolve, it is important for companies to be aware and compliant. We will continue to monitor these trends for 2022.

The attorneys of the Privacy, Cybersecurity & Data Asset Management group have written on a wide range of notable developments and trends that affect employers and health care providers. In case you missed any, we have assembled a recap of our top 10 blog posts of 2021, with links to each, below:

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CMS “Splits the Baby” on Aduhelm—Medicare Coverage But Only with Evidence Development for Now

On January 11, 2022, the Centers for Medicare and Medicaid Services (“CMS”) published an anticipated proposed National Coverage Determination (“NCD”) decision memorandum that begins the process of determining whether the Medicare program will cover FDA-approved monoclonal antibodies directed against amyloid for the treatment of Alzheimer’s Disease. (https://www.cms.gov/medicare-coverage-database/view/ncacal-decision-memo.aspx?proposed=Y&NCAId=305).

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CONFLICT BETWEEN APPLE AND EUROPEAN REGULATORS ON SIDELOADING

Although it is not clear when the fundamental EU digital market legislation—Digital Services Act and Digital Markets Act (DMA)—will enter into force (it is unlikely that this will happen before 2023), the mere publication of the drafts and the official European discourse are putting an increasing strain on the big players in digital services. The DMA establishes a long list of specific ex ante obligations for the so-called gatekeepers, i.e. providers of core platforms. These ex ante obligations are mainly aimed at protecting the business models of gatekeepers’ competitors (e.g. requiring business users to use any other core platform service to access core platform services is prohibited, etc.).

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TRADE ENFORCEMENT DIGEST SERIES January 2022

What’s the REAL cost of doing business internationally? Maybe higher than you think … If you are not prepared. Civil and criminal penalties levied against U.S. companies for trade violations are just the beginning of the potential unforeseen costs of doing business in the global marketplace. What cannot be quantified are the countless additional  impacts to revenue streams, both present and future, that are created by the imposition of U.S. regulatory agency enforcement actions for violations of economic and export-related sanctions and anti-corruption compliance. Read more…

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e-legal® Newsletter – December 2021

I. EDITORIAL – APPROVAL OF THE UPDATE OF THE MINIMUM MONTHLY SALARY GUARANTEED; CREATION OF AN EXCEPTIONAL COMPENSATION MEASURE

The month of December was characterised, on a legislative level, by the approval and publication of Decree-Law no. 109-B/2021, of 7 December, which approved the updating of the minimum monthly salary guaranteed and created an exceptional compensation measure. Read more…

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Video: SCOTUS Considers Federal Vaccine Mandates, CDC Shortens Quarantine Periods, Definition of “Fully Vaccinated” – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at the latest federal rules and guidance on vaccination policies, quarantine periods, and masking.

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2022 Update: Trade Secrets Litigation

Thomson Reuters Practical Law has released the 2022 update to “Trade Secrets Litigation,” co-authored by our colleague Peter A. Steinmeyer.

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New York Whistleblower Statute Amended to Significantly Expand Worker Protections

New York Governor Kathy Hochul signed Senate Bill S4394A on October 28, 2021, significantly expanding protections under New York’s whistleblower statute, New York Labor Law Section 740.

Section 740 previously prohibited New York employers from retaliating against employees who disclosed or threatened to disclose to a supervisor or a public body any activity, policy or practice of the employer that constituted an actual violation of law, rule or regulation and either:

  1. Presented a substantial and specific danger to public health or safety; or
  2. Constituted health care fraud.

Read more…

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New York’s Paid Family Leave Is Expanding in Two Ways

New York recently updated two significant aspects of its Paid Family Leave program: (1) expanding the definition of “family member” to include siblings and (2) increasing the cap on weekly benefits available.

Since its inception in 2018, Paid Family Leave has offered eligible employees the ability to take  job protected, partially-paid time off to bond with a new child, care for a family member with a serious illness, or provide assistance when a family member is deployed abroad on active military duty. In 2020, after years of gradual increases in the maximum amount of leave and benefits, eligible employees may use up to 12 weeks of Paid Family Leave per rolling 52-week period.

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The Top 5 Privacy Issues to Watch for in 2022

While we could have listed a dozen or more issues from new laws to regulatory actions to changes by major platforms, below are the top five privacy issues to look out for this year.Upcoming CPRA Regulations; Preparing for CPRA ComplianceSome parts of the California Privacy Rights Act (CPRA), a/k/a “CCPA 2.0”, have already taken effect, including the creation of a new California Privacy Protection Agency (CPPA); the nation’s first stand-alone privacy regulatory agency. The CPPA is tasked with drafting and adopting regulations under the CPRA by July 1, 2022. Read more…

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