North America

RSS, A Century-Young Law Firm

The year 2021 will take its place in history as a time when in every corner of the world there was a battle raging against the COVID‑19 pandemic. The year 2021 will forever be marked by the global scars resulting from individual and community loss and tragedy, the overwhelming medical challenges that we faced, and ultimately, the miraculous medical triumphs achieved.

However, amidst this dark cloud that loomed so prominent during 2021, there nonetheless remained somewhat of a “silver lining” for RSS because, for the RSS family, 2021 marked the firm’s 100th year anniversary.

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Can Accountants Blow the Whistle on Clients? The Superior Court Sheds Some Light on this Question

By Emily Dikranian, from our Insurance Law Practice Group

Emily Dikranian is an associate at our Montreal office, and she is a member of our Professional Liability Practice Group. Her practice includes defending the interests of accountants with respect to reputation-menacing claims and lawsuits. She works closely on such matters with our Élisabeth Laroche, Katherine Delage, Laurence Gauthier, and Alice Bourgault-Roy.

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Video: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases Employee Protections – Employment Law This Week

As featured in #WorkforceWednesday:  This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for in 2022.

Sixth Circuit Prepares to Review OSHA Vaccine ETS

Last week, the Sixth Circuit was selected by lottery to hear the consolidated legal challenge to the Biden administration’s OSHA “vaccine or test” mandate for large employers. Prior to the lottery, OSHA was enjoined by the Fifth Circuit from enforcing the mandate. While OSHA has announced that it is suspending enforcement for the time being, the deadlines for compliance, December 5 and January 4, remain in effect.

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Federal government issues new cybersecurity incident reporting rule for banks and bank service providers

Last week, the federal government published a Final Rule imposing new cybersecurity incident notification obligations upon certain banks and bank service providers.

Specifically, banking organizations covered by the Rule must give notice to their primary regulator as soon as possible and not later than 36 hours after determining certain cybersecurity incidents have occurred, even if the banking organization is not aware of any unauthorized access of acquisition of sensitive customer information. Similarly, bank service providers also have a new notification obligation to their bank organization clients.

Click here for more information on what organizations the Rule applies to, examples of incidents that would trigger notification obligations, and insight on next steps banks and service providers should take.

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Federal government issues new cybersecurity incident reporting rule for banks and bank service providers

On November 19, 2021, the federal government published a Final Rule (“Rule”) imposing new cybersecurity incident notification obligations upon certain banks and bank service providers. Specifically, banking organizations covered by the Rule must give notice to their primary regulator as soon as possible and not later than 36 hours after determining certain cybersecurity incidents have occurred, even if the banking organization is not aware of any unauthorized access of acquisition of sensitive customer information. Similarly, bank service providers also have a new notification obligation to their bank organization clients. Discussion of the Rule and how to prepare for it follows. Read more…

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CMS Vaccine Rule for Health Care Workers – Employment Law This Week Video

As featured in #WorkforceWednesdayThe Centers for Medicare & Medicaid Services (CMS) issued an interim final rule outlining vaccine requirements for staff at Medicare- and Medicaid-certified providers and suppliers.

Attorney Frank Morris discusses the next steps for health care providers. In addition, covered employers should continue to monitor the recent litigation filed in the Eastern District of Missouri and the Western District of Louisiana seeking to permanently enjoin the CMS interim final rule.

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New York City Regulates Workplace Artificial Intelligence Recruitment and Selection Tools

Joining Illinois and Maryland, on November 10, 2021, the New York City Council approved a measure, Int. 1894-2020A (the “Bill”),  to regulate employers’ use of  “automated employment decision tools” with the aim of curbing bias in hiring and promotions.  The Bill, which is awaiting Mayor DeBlasio’s signature, is to take effect on January 1, 2023. Should the Mayor not sign the Bill within thirty days of the Council’s approval (i.e., by December 10), absent veto, it will become law.

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Video: CMS Vaccine Rule for Health Care Workers – Employment Law This Week

As featured in #WorkforceWednesdayThe Centers for Medicare & Medicaid Services (CMS) issued an interim final rule outlining vaccine requirements for staff at Medicare- and Medicaid-certified providers and suppliers.

Attorney Frank Morris discusses the next steps for health care providers. In addition, covered employers should continue to monitor the recent litigation filed in the Eastern District of Missouri and the Western District of Louisiana seeking to permanently enjoin the CMS interim final rule.

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CMS Interim Final Rule Challenged – Stay Tuned

As we previously reported, effective November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (the Rule) requiring full COVID-19 vaccination for staff and others at Medicare- and Medicaid-certified providers and suppliers as a Condition of Participation by January 4, 2022.

On November 10, 2021, a coalition of ten states lodged a complaint in the U.S. District Court for the Eastern District of Missouri (the “First Complaint”), which is subject to appeals in the U.S. Court of Appeals for the Eighth Circuit, seeking to set aside the Rule. On November 17, 2021, the U.S. District Court for the Eastern District of Missouri granted Plaintiff’s Motion to Expedite Briefing — requiring Defendant to file their response to the Plaintiffs’ Motion for Preliminary Injunction by November 22, 2021; and Plaintiffs to file their reply by November 23, 2021.

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Joint Initiative of Ending Retaliation and Promoting Workers Rights Promises More Aggressive Enforcement of Federal Anti-Retaliation Laws

November 17, 2021, the Department of Labor (“DOL”), National Labor Relations Board (“NLRB”), and Equal Employment Opportunity Commission (“EEOC”) conducted a webinar on Ending Retaliation and Promoting Workers Rights.  The webinar is the first component of a “Joint Initiative” devoted to “vigorous enforcement” of laws against retaliation, through closer inter-agency cooperation.  The webinar was moderated by EEOC Regional Director Robert Canino and involved over 90 minutes of detailed remarks from Solicitor of Labor Seema Nanda, NLRB General Counsel Jennifer Abruzzo, EEOC Chair Charlotte Burrows and Acting DOL Wage and Hour Division Director Jessica Looman.

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