Legal Updates

New York State’s Paid Sick Leave Law Preempts Westchester County’s Earned Sick Leave Law

The Westchester County Human Rights Commission (the “Commission”) has announced that the county’s Earned Sick Leave Law, which went into effect on April 10, 2019, has been preempted by New York’s Paid Sick Leave Law (“Law” or “PSLL”), which took effect on September 30, 2020. Westchester County’s law had required that eligible employees accrue one hour of sick time for every 30 hours worked, up to a maximum of 40 hours per year.

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New Jersey’s Legalization of Recreational Marijuana Protects Employee Users While Still Prohibiting High Times at Work

On February 22, 2021, Governor Murphy signed three separate cannabis reform bills into law that formally legalize the use and possession of recreational marijuana in the Garden state: (1) the “New Jersey Cannabis Regularly, Enforcement Assistance, and Marketplace Modernization Act” (the “Cannabis Act”) (NJ A21), which legalizes the recreational use and possession of cannabis or cannabis products (collectively “cannabis items”) for adults; (2) a  decriminalization law (NJ A1897), which legalizes the possession of up to six ounces of cannabis and provides for certain criminal and civil justice reforms related to marijuana and hashish offenses, and (3) a “clean up” bill (NJ A5342/NJ S3454), which concerns penalties for underage cannabis offenders and dictates how police may interact with youth offenders. We summarize the relevant provisions for employers below.

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MARYLAND PASSES DIGITAL ADVERTISING TAX

After more than a year of contention, Maryland’s proposed digital advertising services tax has become law (the Act). On February 12, 2021 the Maryland Senate voted to override Governor Hogan’s previous veto of the legislation. The Act requires “persons” to pay a tax at rates between 2.5 percent and 10 percent on “annual gross revenues [of such person] derived from digital advertising in the state [of Maryland].” However, due to vague drafting, who must pay — and how much — remains uncertain in many cases.

Digital Advertising Services Tax

The definition of “digital advertising services” is open-ended. The Act provides only that it “includes” (but presumably is not limited to) “advertisement services on a digital interface” meaning “any type of software, including a website,” including “banner advertisements and also search engine advertising, interstitial advertising, and other comparable advertising services.” Read more…

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Responding to Law Enforcement Demands for HIPAA Protected Information

Medical providers are often asked, or feel obligated, to disclose confidential information about patients.  This blog post discusses when disclosures of confidential medical information involve law enforcement, but the general principles discussed herein are instructive in any scenario.  To protect patient confidentiality and avoid costly civil liability arising from improper disclosures, it is imperative that providers ask questions to assess the urgency of any request and to understand for what purpose the information is sought by authorities.  Knowing what questions to ask at the outset prepares providers to make informed decisions about disclosing confidential information in a manner that balances the obligation to maintain patient confidentiality and trust with legitimate law enforcement requests for information aimed at protecting the public.

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A Practical Discussion on Scope of HGR Administration

With the development of bio-pharmaceutical technology, human genetic resource has increasingly been an area which attracts great attentions and heavy investment.  In response, the government has been strengthening the administration on researches by using human genetic resources (HGR).  The Ministry of Science and Technology issued the Administrative Regulation of Human Genetic Recourses (the HGR Regulation) which became effective on 1 July 2019 to replace the Provisional Measure for HGR Administration (the HGR Measure) effective on 10 June 1998; and the Standing Committee of the National Peoples Congress promulgated the PRC Biological Safety Law (the Biological Safety Law) which will become effective on 15 April 2021. Read more…

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Unlocking Value in Health Data: Truveta’s Data Monetization Strategy Carries Big Risks and Responsibilities

Alaap B. Shah and Nivedita B. Patel, attorneys in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, co-authored an article in MobiHealthNews, titled “Unlocking Value in Health Data: Truveta’s Data Monetization Strategy Carries Big Risks and Responsibilities.”

Following is an excerpt:

In today’s world, data is power. Healthcare providers have massive amounts of rich health data at their fingertips. Yet historically, third-party vendors to healthcare providers often have derived financial benefits from secondary use of this data through aggregating and brokering de-identified data to downstream customers.

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VIRGINIA BECOMES THE SECOND STATE TO PASS A COMPREHENSIVE PRIVACY LAW

After passing with relative ease through Virginia’s House of Delegates and Senate, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA) into law on March 2, 2021. Virginia joins California as the only states in the nation to have passed comprehensive privacy legislation. Companies that are subject to the new law will have to comply beginning January 1, 2023, the date when the law goes into effect. Companies should note that this date coincides with the effective date of the new substantive obligations set forth in the California Privacy Rights Act (CPRA), the recently passed ballot initiative amending the California Consumer Privacy Act (CCPA), as discussed in our previous alert.

While the new Virginia law creates a hybrid model that borrows liberally from the CCPA and CPRA, as well as the EU’s General Data Protection Regulation (GDPR), it also contains many unique elements that diverge from these counterparts. Read more…

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IBC Moratorium to Apply to Cheque Bouncing Cases

The Hon’ble Supreme Court of India on March 1, 2021 held that the criminal proceedings against cheque bouncing under Section 138 of the Negotiable Instrument Act, 1881 (‘NI Act’) shall remain stayed against the company during the period of moratorium applicable to insolvency proceedings of any company. The proceedings would however continue against the directors and other officials of the company who are made accused in cheque bouncing proceedings.

 

Section 14 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) specifies that when an order declaring moratorium is passed, the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgement, decree or order in any court of law, tribunal, or arbitration panel would be prohibited.

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Llinks Client Alert – Antitrust and Competition (February 2021)

I. Legislation
1. The Anti-Monopoly Commission of the State Council issues the Anti-monopoly Guidelines on Platform Economy, in order to prevent monopolistic activities in the field of platform economy and protect fair market competition. Based on the Anti-Monopoly Law, the Guidelines consist of six chapters and twenty-four articles, including general provisions, monopoly agreements, abuse of market dominance, concentration of undertakings, abuse of administrative power to exclude restrictions on competition, and supplementary provisions. Read more…

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Rights and Obligations of Spouses at Death: A Webinar With Natacha Calixte

March 5, 2021 — What are the rights of married, civil union or de facto spouses upon the death of one of them? These are the questions that Natacha Calixte will be addressing on Monday, March 8, in Les droits et obligations des conjoints : planification des conséquences du décèsa webinar hosted by the Wills, Estates and Trusts section of the Canadian Bar Association — Quebec.

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