Legal Updates

Video: Biden Seeks to Boost Competition, HERO Act Guidance, and Key Nominees Advance – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we focus on President Biden’s recent push to limit non-compete agreements and finalize key labor and employment appointments.

Biden Executive Order Seeks to Boost Competition

President Biden has issued an expansive executive order, which aims to boost competition across the U.S. economy, lower prices for consumers, and increase pay for workers. The order encourages federal action to ban or limit non-compete agreements, reigniting a policy debate which raged at the end of the Obama administration over when and how non-competes can be enforced. Learn more.

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California Employers Will Need to Change How They Calculate Meal and Rest Period Premiums Following California Supreme Court Decision

California law generally requires employers to pay non-exempt employees a premium of one hour of pay for non-compliant meal and rest periods. Employers have typically paid such premiums by using the employees’ standard hourly rates. A new California Supreme Court decision requires employers to pay premiums at a higher rate when employees receive nondiscretionary compensation. This change in the law not only will require employers to adjust how they calculate meal and rest period premiums going forward, but it also exposes some of them to litigation for their past practices if they did not previously pay at the higher rates – despite the fact that, before this new decision, they had no reason to believe that premiums should be paid at those higher rates.

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DOJ’s Recent Telehealth Enforcement Action Highlights Increased Abuse of COVID-19 Waivers

On May 26, 2021, the Department of Justice (“DOJ”) announced a coordinated law enforcement action against 14 telehealth executives, physicians, marketers, and healthcare business owners for their alleged fraudulent COVID-19 related Medicare claims resulting in over $143 million in false billing.[1] This coordinated effort highlights the increased scrutiny telehealth providers are facing as rapid expansion efforts due to COVID-19 shape industry standards.

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The Constitutional Court of the Russian Federation clarified that the prohibition of the publication of personal data of a medical worker by an online publication should not violate the users’ right to receive information about the quality of services pro

In a Resolution dated May 25, 20211, when examining the complaint of MedReyting LLC, the Constitutional Court of the Russian Federation clarified the procedure for applying para. 8, part 1, art. 6 of the Federal Law “On Personal Data”2, according to which the processing of personal data is necessary for the professional activity of a journalist and (or) the legitimate activity of the mass media or scientific, literary or other creative activities, provided that the rights and legitimate interests of the subject of personal data are not violated.

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New changes to the current regime of remote sale of medicinal products

From September 1, 2021, amendments to the Rules1 for issuing Permits for the Retail Sale of Medicines for Medical Use by remote Means, the Implementation of such sale and the delivery of medicines to Citizens, approved by the Decree of the Government of the Russian Federation dated 31.05.2021 N 827 (hereinafter – the Rules), will come into force.

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Navigating the NIL landscape may have student-athletes in compliance overload

Part 2 in the series “The Wild West of name, image, and likeness: Be prepared when the dust settles.” 

The long anticipated National Collegiate Athletic Association policy, which allows college athletes to earn money from their name, image and likeness (NIL) went into effect on July 1. As a result of this game-changing policy, college athletes can be paid for the commercial use of their identity in the form of endorsement deals from companies, monetization of their social media presence, earning money through autographed or licensed products like apparel, sports drinks or video games, making personal appearances, and more. Read more…

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Guayaquil congregates virtually 23.000 corporations of the región to the Business Future of the Americas

…BFA 2021, an entrepreneurial event focused in attracting new investments to the región, organized by the Ecuadorian-US Chamber of Commerce of Guayaquil and the Association of Chambers of Commerce of the US, Latin America and the Caribbean (AACCLA). Read more…

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Can a Sound Mark be Registered as a Trademark – European Union Court’s Ruling

The General Court of the European Union (“Court”), on July 7, 2021, issued a first ruling1 (refer to the press release here)2 in relation to the registration of a sound sign submitted in an audio format as an EU trademark in the case of Ardagh Metal Beverage Holdings v EUIPO (T-668/19).

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A BRIEF OVERVIEW ON THE BASKETBALL ARBITRAL TRIBUNAL (BAT)

In 2006, the Fédération Internationale de Basketball (“FIBA”) set-up the Basketball Arbitral Tribunal (”BAT”) with the aim to establish an independent arbitral tribunal focused on basketball-related disputes, which could deliver decisions in a timely and cost-effective way.  Read more…

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Maintaining Control Over Your Bankruptcy

A recent ruling by Judge Glenn in the Bankruptcy Court for the Southern District of New York shows that notwithstanding the U.S. Supreme Court’s In re Jevic decision,[1] structured dismissals of chapter 11 cases are still permissible and in some instances more beneficial to creditors than confirmation of a plan or conversion to a chapter 7 liquidation.

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