With $1.1 Billion Penalty Deal, SEC Joins DOJ in Firing Warning Shot at Financial Services Industry About Outdated Employee Communications Policies

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"With $1.1 Billion Penalty Deal, SEC Joins DOJ in Firing Warning Shot at Financial Services Industry About Outdated Employee Communications Policies" (10/5/22)

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Build, Adapt & Execute Your Information Governance, Privacy and eDiscovery Strategy

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"Build, Adapt & Execute Your Information Governance, Privacy and eDiscovery Strategy," a moderated webinar hosted by InfoAdvocates (10/4/2022)

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The trend of information disciplines coming closer together is continuing – with Information Governance serving as a new connective tissue for privacy, compliance and ediscovery. As the pace of information overload continues to accelerate, professionals in these fields are becoming more reliant on automation and solid processes for successful collaboration and results. The presentation discussed the impact of information overload, the continuation of the convergence of disciplines, and the strategies for process automation in each information area.

Privacy, Security and Telehealth: Protect the Data, Protect the Patient

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"Privacy, Security and Telehealth: Protect the Data, Protect the Patient," at the Massachusetts Bar Association's 2022 Health Law Conference (9/30/2022)

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The Health Services Administration defines telehealth as “the use of electronic information and telecommunication technologies to support long-distance clinical health care, patient and professional health-related education, and public and health administration.” This virtual program focused on telehealth law and legal issues that can arise in areas such as practitioner licensing, insurance, data privacy, access. remote employees, and standards of care. 

Access Issues/ Patient Receptivity/ Home Hospital

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"Access Issues/ Patient Receptivity/ Home Hospital," at the Massachusetts Bar Association's 2022 Health Law Conference (9/30/2022)

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The Health Services Administration defines telehealth as “the use of electronic information and telecommunication technologies to support long-distance clinical health care, patient and professional health-related education, and public and health administration.” This virtual program focused on telehealth law and legal issues that can arise in areas such as practitioner licensing, insurance, data privacy, access. remote employees, and standards of care. 

Remote Employees/ State Tax & Benefit Issues

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"Remote Employees/ State Tax & Benefit Issues," at the Massachusetts Bar Association's 2022 Health Law Conference (9/30/2022)

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The Health Services Administration defines telehealth as “the use of electronic information and telecommunication technologies to support long-distance clinical health care, patient and professional health-related education, and public and health administration.” This virtual program focused on telehealth law and legal issues that can arise in areas such as practitioner licensing, insurance, data privacy, access. remote employees, and standards of care. 

Bankruptcy and the Texas Two Step

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"Bankruptcy and the Texas Two Step," at the 2022 New Jersey Asbestos Litigation Conference, hosted by the New Jersey Bar Association (9/30/2022)

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The program panel featured the Hon. Ana Viscomi, the New Jersey-designated asbestos litigation judge, joined by a Special Master and leading practitioners of asbestos litigation. The conference was designed to offer insight and the critical information needed to ensure the highest standards of preparation and presentation of asbestos cases in New Jersey.

Title IX: What Schools Need to Know to Prepare for Final Regulations

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"Title IX: What Schools Need to Know to Prepare for Final Regulations," an R+C-hosted webinar (9/29/2022)

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The Department of Education has released proposed major changes to the current Title IX regulations. Those revisions would remove barriers to reporting sexual harassment and extend protections based on sexual orientation and gender identity. They also would significantly alter schools’ responsibilities in responding to allegations of sexual misconduct. Kate and Seth presented a brief overview of the proposed regulations and highlighted some the most significant changes, offering insight on what schools should consider doing now to prepare for the final regulations.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" (9/29/2022)

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New Federal Speed Regulations for Coastal Waters

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"New Federal Speed Regulations for Coastal Waters" (9/28/22)

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SEC Enforcement Action Demonstrates Importance of Robust Conflicts-of-Interest Practices in SPAC Transactions

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"SEC Enforcement Action Demonstrates Importance of Robust Conflicts-of-Interest Practices in SPAC Transactions" (9/28/2022)

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Report Writing Module

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"Report Writing Module," as part of the Association of Workplace Investigators’ "Public Sector Investigations" Virtual Seminar Series (9/27/2022)

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This seminar focused on the elements of an investigative report and how to issue a report to meet the agency’s needs, including evaluating and incorporating documentation gathered during the investigative process.  Fundamentals of strong writing, such as writing simply, employing plain language and using the active voice, were stressed. Participants - including attorneys, human resource professionals, private investigators, or others who conduct, manage, or have a professional interest in workplace investigations in the public sector - were encouraged to ask questions and engage virtually with the presenters and fellow attendees.

Buying and Selling an Oilheat Business

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"Buying and Selling an Oilheat Business," at the HEAT (Heating & Energizing America) Trade Show Industry Summit IV, hosted by the National Energy and Fuels Institute (9/27/2022)

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The presentation identified the major transactional issues confronted by motivated buyers and sellers and highlighted the distinct motivations of each side, providing transactional positions designed to advance the buyer's or seller's objectives and exploring approaches to bridging those differences. Robinson+Cole was pleased to be a sponsor of this event. 

3rd Annual Connecticut Offshore Wind Conference

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"3rd Annual Connecticut Offshore Wind Conference," (9/23/2022)

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The program offered important updates and presentations from leaders of Connecticut’s offshore wind industry. R+C's John Casey discussed permitting requirements, legal strategies and best practices for seeking State of Connecticut and local environmental and land use permits based on his experiences with other large coastal development projects. Other presenters included experts in the offshore wind energy industry responsible for advancing it in Connecticut, growing the State’s economic development opportunities, recruiting new businesses, and training the workforce for clean energy jobs. The informative program was intended to be helpful in reducing the risks of permit delays.

Hiring and Retaining Talent: Immigration for Educational Institutions

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"Hiring and Retaining Talent: Immigration for Educational Institutions," published in University Business (9/23/2022)

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Recognizing that many institutions of higher education recruit talented faculty from around the world, the authors discuss a number of the most common nonimmigrant and immigrant options for colleges and universities, along with some considerations when determining and selecting the correct category. Among the options mentioned are the H-1B visa category – the most common nonimmigrant visa category for institutions of higher education – and the J-1 category, which allows foreign nationals to come to the U.S. temporarily and is commonly used in higher education for research scholars and professors.

Union Organizing Is on the Rise: What Does it Mean, Why Does it Happen & What Steps Can You Take?

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"Union Organizing Is on the Rise: What Does it Mean, Why Does it Happen & What Steps Can You Take?" co-presented by Natale V. DiNatale, Abby M. Warren and Emily A. Zaklukiewicz, for members of the CT Community Nonprofit Alliance (9/16/2022)

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The program covered the meaning of having a union, the union organizing process, signs of a union organizing drive, how to prepare for a union organizing drive, and steps non-profit organizations can take to foster positive employee relations.

Second Circuit Affirms HHS Rejection of Direct Copayment Assistance under Anti-kickback Statute

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"Second Circuit Affirms HHS Rejection of Direct Copayment Assistance under Anti-kickback Statute," co-authored by Conor O. Duffy and Benjamin M. Daniels, published in Physicians Practice (9/16/2022)

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The article examines the recent decision by the U.S. Court of Appeals for the Second Circuit that rejected an appeal brought by Pfizer, Inc., regarding possible violation of the Anti-Kickback Statute (AKS). The decision addressed a proposed direct copayment assistance program where reimbursements would go directly to the patient looking to buy Pfizer’s own drugs. The Second Circuit upheld the Department of Health and Human Services’ (HHS) interpretation of the AKS as prohibiting the arrangement, which reiterates for health care organizations the importance of adhering to HHS guidance concerning federal fraud and abuse laws. The decision also emphasizes the government’s continued concerns with patient copayment assistance programs associated with pharmaceutical manufacturers that can directly influence purchases of the manufacturers’ drugs. This decision represents an important affirmation of HHS’ interpretive authority over the scope of the AKS and implicitly reinforces recent HHS guidance.

Microplastics: Liability and Public Uncertainty

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"Microplastics: Liability and Public Uncertainty," published in the American Bar Association Litigation Section’s Environmental & Energy Litigation Committee newsletter (9/15/2022)

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The article notes that “(s)cientific studies have established that all of us are exposed to microplastics in the air we breathe, the food we eat, and the water we drink. But the potential human health effects remain uncertain.” It offers an overview of the production and proliferation of plastics since the 1950s and the resultant microplastics when the original plastic products break down or are directly released in the environment; exposure to microplastics and the effects both known and unknown on human health; the impending regulation of microplastics, and with it the likelihood in the rise of litigation, including a closer look at specific cases and lawsuits; and what in the general public can do to help address this environmental threat as regulatory bodies look for “ways to stop microplastics from being released into the environment, as well as to clean up those that are already there.” Read the article here. 

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (9/15/2022)

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Bottled Poetry: IP Rights Protection for Wine and Spirits

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"Bottled Poetry: IP Rights Protection for Wine and Spirits," presented by Maria A. Scungio, presented at the 2022 International Association for the Protection of Intellectual Property World Congress (9/12/2022)

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The program covered the latest developments in U.S. trademark and trade dress law important in the wine and spirits industry, as well as protection of geographical indications (GI) and plant variety issues. Maria is a member of the AIPPI-US (Past Chair, 2016-18).

Construction Group: Out + About

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"Construction Group: Out + About" (9/12/2022)

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Bottled Poetry: IP Rights Protection for Wine and Spirits

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"Bottled Poetry: IP Rights Protection for Wine and Spirits," presented at the 2022 International Association for the Protection of Intellectual Property World Congress (9/12/2022)

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The program covered the latest developments in U.S. trademark and trade dress law important in the wine and spirits industry, as well as protection of geographical indications (GI) and plant variety issues. Maria is a member of the AIPPI-US (Past Chair, 2016-18).

From Prompt Pay to Retainage: Getting Paid in the Wake of Tocci v. IRIV

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"From Prompt Pay to Retainage: Getting Paid in the Wake of Tocci v. IRIV," presented by Joseph A. Barra, presented by the Associated Subcontractors of Massachusetts, Inc. (9/8/2022)

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In June 2022, the Massachusetts Appeals Court issued the first appellate decision interpreting the State’s 10-year-old Prompt Pay Act. That decision, Tocci vs. IRIV, is a win for subcontractors because the Court strictly enforced the language in the Prompt Pay Act. The decision also has significant ramifications on payment rights, including for regular requisitions and change orders, and applies to anyone subcontracting work and receiving payment applications on prompt pay jobs (generally, private commercial projects of more than $3 million). To understand the implications of this case and help subcontractors know what steps can be taken to avoid non-payment and how to properly use the tools available to subcontractors to obtain timely payment, the panel focused its discussion on using the Prompt Pay Act after Tocci v. IRIV - with emphasis on payment applications, statutory requirements, change orders, pay-if-paid, and suspension of work – and retainage, including its limits, the meaning of substantial completion, submission of punch lists, and obtaining coverage.

Stacking Coverage Under UM and UIM Policies: Identifying All Coverages, Preventing Misapplication of Stacking Rules

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"Stacking Coverage Under UM and UIM Policies: Identifying All Coverages, Preventing Misapplication of Stacking Rules," presented by Raymond M. Gauvreau, during a Strafford webinar (9/6/2022)

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Stacking is the cumulation of coverages for multiple vehicles or policies to increase benefits available for recover. Exclusions, statutory limitations, and setoff rights can affect the extent to which stacking will be effective, sometimes befuddling counsel and courts alike. The CLE program demonstrated the manner and method of stacking uninsured and underinsured motorist (UI/UIM) coverage. The panel offered an overview of how UI/UIM works, eligibility, intra- and inter-policy stacking, limits on stacking from exclusions and waivers, and more. The presentation was designed to help counsel identify available and overlooked sources of recovery and discuss strategies for preventing misapplication of stacking rules.

Multi-State Employee Recruitment, A Pandemic Win? – Top 7 Questions Employers Ask About Remote Employees

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"Multi-State Employee Recruitment, A Pandemic Win? – Top 7 Questions Employers Ask About Remote Employees," co-presented by Britt-Marie K. Cole-Johnson, Abby M. Warren and Kayla N. West, an R+C-hosted webinar (9/6/2022)

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Remote workforces are here to stay and employers are adjusting to the reality of stretching their geographic footprint. The presentation discussed how employers should strategize about remote work as well as the many implications, such as legal compliance issues, employee relations, business registration and tax consequences, in addition to a number of other practical concerns. Questions from attendees were encouraged.

Litigation & Enforcement Fallout of the SPAC Boom

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"Litigation & Enforcement Fallout of the SPAC Boom," co-authored by Benjamin M. Daniels, Arila Zhou, Trevor L. Bradley and Jenna M. Scoville, published in Bloomberg Law (August 2022)

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The article explains that special purpose acquisition companies (SPACs), once the darlings of the financial world, have faced mounting opposition. Class-action litigation has arisen around the country, with a focus on disclosure obligations, fiduciary duties, and scienter. At the same time, the Securities and Exchange Commission (SEC) rolled out proposed rules to regulate SPACs.

The authors discuss trends in those cases, including the standard to evaluate SPAC business decisions, the success of the “forward-looking-statement” defense, and courts’ treatment of scienter. They also discuss how SPACs remain a critical tool for private companies that want to go public through a business combination.

New ALTA 2021 Loan Policies of Title Insurance– Some Practical Considerations for Lenders

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"New ALTA 2021 Loan Policies of Title Insurance– Some Practical Considerations for Lenders," authored by Candace M. Cunningham, published in the Fall 2022 edition of The Abstract, a publication of the American College of Mortgage Attorneys (Fall 2022)

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The article looks at the multi-year efforts by the American Land Title Association (ALTA) to revise and update its 2006 Loan and Owner Title Policies, made available in July 2021, with a specific focus on selected revisions to the Covered Risks, Exclusions, Schedule B Part I and Part II Exceptions and Conditions in the 2021 Loan Policy. Candace serves as co-chair of the ACMA’s Title Insurance Committee and is a member of its Program Committee.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (09/01/2022)

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Title IX: What Schools Need to Know to Prepare for Final Regulations

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"Title IX: What Schools Need to Know to Prepare for Final Regulations," co-presented by Seth B. Orkand and Kathleen E. Dion, a webinar hosted by the Connecticut Conference of Independent Colleges (8/25/2022)

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On June 23^rd, in conjunction with the 50^th anniversary of the Title IX civil rights law, the Department of Education released proposed major changes to the current Title IX regulations, changes that would remove barriers to reporting sexual harassment and extend protections based on sexual orientation and gender identity. The new regulations would also significantly alter schools’ responsibilities in responding to allegations of sexual misconduct. The webinar offered a brief overview of the proposed new regulations and highlighted some of the most significant changes, offering insight on what schools should consider doing now to prepare for the final regulations. 

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (8/25/2022)

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Mental Health Parity

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"Mental Health Parity," presented by Soo Y. Kim, at the "47th Annual TIPS Symposium on Insurance and Employee Benefits: Life, Health and Disability, and ERISA: Emerging Issues and Litigation" (8/19/2022)

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The presentation addressed claims for equitable relief under ERISA related to mental health parity, which continue to be a topic of concern for health plans as they are increasingly the subject of litigation and tri-agency guidance requiring additional attention by plan fiduciaries and sponsors regarding mental health benefits offered by health plans and policies.

The panel covered the latest developments in litigation and the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) provisions under the Consolidated Appropriations Act of 2021. The MHPAEA added a requirement for group health plans and health insurance issuers to prepare an analysis demonstrating compliance with its nonquantitative treatment limitation requirements. The session was sponsored by the ABA’s Life, Health, and Disability Insurance Law Committee and Employee Benefits Committee. Robinson+Cole was pleased to be a sponsor of the three-day Symposium.

Governance Dashboards: A Simple, But Mighty Tool

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"Governance Dashboards: A Simple, But Mighty Tool," authored by Britt-Marie K. Cole-Johnson, published in The Steward, the newsletter for nonprofit clients published by Fiducient Advisors (8/19/2022)

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The article addresses nonprofit organizations and the tools they can use “to track goals and to optimize and streamline operations and various workflows.” Particular emphasis is given to dashboards, which can be effective tracking tools that organizations can use “to focus their mission and goals and allow board members and staff to manage important items.” Read the article here. 

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (8/19/2022)

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Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (8/11/2022)

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Federal Court Rules Tax-Exempt Independent Schools Must Comply with Title IX

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"Federal Court Rules Tax-Exempt Independent Schools Must Comply with Title IX" co-authored by Kathleen E. Dion, Sabrina M. Galli and Seth B. Orkand (8/11/2022)

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H-ISAC Third Party Risk Subcommittee

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"H-ISAC Third Party Risk Subcommittee," at the monthly meeting of the Health- Information Sharing & Analysis Center (8/10/2022)

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Among the topics addressed during the  Zoom webinar were cyber response, supplier contract requirements - including Business Associate Agreements and Direct Selling Agent Agreements - work-from-home issues, and emerging privacy legislation.

The Subcommittee shares and discusses existing and emerging risks associated with oversight of its suppliers, with a focus on risk intelligence and mitigation. Those critical areas can include data such as indicators of compromise, tactics, techniques and procedures of threat actors, advice and best practices, mitigation strategies and other valuable information. The Subcommittee’s membership comprises Fortune 500 companies across various healthcare sectors with primary accountabilities to third-party cyber and operational functions. 

H-ISAC is self-described as a “global, non-profit, member-driven organization offering healthcare stakeholders a trusted community and forum for coordinating, collaborating and sharing vital physical and cyber threat intelligence and best practices with each other.”

Explore Legal Immigration Options for Construction Companies

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"Explore Legal Immigration Options for Construction Companies," authored by Megan R. Naughton, published in Construction Executive (8/9/2022)

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Hiring and Retaining Talent: Immigration Best Practices for Educational Institutions

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"Hiring and Retaining Talent: Immigration Best Practices for Educational Institutions," presented by Lauren M. Sigg, during the Robinson+Cole-hosted webinar (8/9/2022)

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The presentation discussed best practices when hiring and retaining talent from outside of the U.S. Lauren covered relevant non-immigrant categories and green card options and processes used by colleges and universities, highlighting some of the benefits and drawbacks of each category.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (8/4/2022)

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Permitting & Development for Small & Medium-Sized Projects

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"Permitting & Development for Small & Medium-Sized Projects," presented by Kurt S. Stiegel, a Massachusetts Continuing Legal Education program (8/4/22)

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The hybrid virtual and in-person program offered insights by employing a case study format, with the panelists explaining the stages of a development project and sharing lessons learned from real-life experience to help avoid traps and pitfalls for the unwary or uninitiated. The discussion examined the roles and responsibilities of different players in a project, including zoning counsel, developer's counsel, title counsel, and lender's counsel.

ACRELive! The New ALTA Forms Are Here at Last!

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"ACRELive! The New ALTA Forms Are Here at Last!," presented by Candace M. Cunningham, presented by the American College of Real Estate Lawyers (8/3/2022)

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The panelists discussed the availability of the new ALTA (American Land Title Association) policies and endorsements, where those forms are currently available, changes to the forms that states have required, and comments on the new forms and coverage.

Going Viral: Once unpopular, QR codes have taken off, thanks to the pandemic

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"Going Viral: Once unpopular, QR codes have taken off, thanks to the pandemic," quoted in the online publication ABAJournal.com (8/1/2022)

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Linn Freedman, was quoted in the article, which discusses the dramatic increase in the appeal and utilization of QR (Quick Response) codes since the onset of the COVID pandemic in 2020 as they offered a contact-free way to share information. The black-and-white barcodes provide users with access to a wide range of services, including restaurant ordering, electronic payments, gaming and much more. 

However, she cautions that “any technology that uses code, like phishing—or in this case, QRishing—presents the ability for bad actors to leverage the information,” presenting risks to both code issuers as well as users. The popularity of QR codes increases the possibility that consumers could unwittingly scan them, thereby giving access to a hacker to do all sorts of malicious things, like installing spyware or tracking consumer behavior or stealing sensitive information. "I'm concerned that people are getting comfortable with QR codes without understanding that they can be malicious, just like links or texts,” she says. Read the article here.

Eminent Domain and Regulatory Takings - 2022 Supplement

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"Eminent Domain and Regulatory Takings - 2022 Supplement," authored by Timothy C. Twardowski, The original chapter was first published in June 2017 in A Practical Guide to Land Use Law in Rhode Island (August 2022)

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The 11-chapter book, first published in June 2017 by MCLE New England and augmented with a 2022 Supplement, was penned by 14 Rhode Island-based lawyers. The book serves as a practical guide to the complex challenges of land use law in Rhode Island for state practitioners. It covers topics such as comprehensive planning, zoning, subdivision review, eminent domain, First Amendment protection, and environmental regulation, including coastal zone provisions affecting land use.

Doing Business in Canada

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"Doing Business in Canada," presented by Kevin P. Daly, as a moderator during the R+C-hosted event (7/28/2022)

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The Hartford office hosted the U.S. Commercial Service, the Canadian Consulate General in New York and the Connecticut District Export Council for an afternoon program on trade and investment with Canada with a focus on opportunities for Connecticut firms to develop and strengthen trade ties with Canada.

Managing Partner Rhonda Tobin and CT Lieutenant Governor Susan Bysiewicz gave a welcome and opening remarks to more 70 attendees. Canada's Deputy Consul General André Frenette, the Canadian Consulate General in New York, the U.S. Commercial Service Ottawa, and logistics experts offered an economic and business overview of the Canadian market and covered key industry sectors in Canada. There was also a panel session on best practices for trading with Canada. Business Litigation Group lawyer Kevin Daly moderated a logistics session regarding United States–Mexico–Canada Agreement (USMCA) and export documentation.

Legal Fundamentals and State Registration Requirements

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"Legal Fundamentals and State Registration Requirements," presented by Jonathan L. Cabot, as part of the Chamber of Commerce of Eastern Connecticut's Entrepreneur Academy (7/28/2022)

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The session was the third in an eight-week program designed to help emerging entrepreneurs formulate their ideas into a profitable business. Jon covered the basics of legal structures, including an overview of business entities and considerations when choosing a business entity.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (7/28/2022)

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Changes in CT Employment Law

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"Changes in CT Employment Law," presented by Emily A. Zaklukiewicz, a Councils & Conversation program hosted by the Greater New Haven Chamber of Commerce (7/27/2022)

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The panel focused on recent state and federal legislation impacting the workplace, including expansions of the Connecticut Fair Employment Practices Act; new requirements related to employees who are victims of domestic violence; new prohibitions on captive audience meetings/31-51q expansion; CT Paid Family Medical Leave Act/CT Family and Medical Leave protections; recreational marijuana job protections; and amendments under federal law related to forced arbitration of sexual harassment cases. Following the panel discussion, tours of the new Chatham Place at the Mary Wade Home in New Haven were offered. 

Immigration Strategies for Homecare and Hospice—State of the Market

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"Immigration Strategies for Homecare and Hospice—State of the Market," co-presented by Leslie J. Levinson and Lauren M. Sigg, during the R+C-hosted program (7/27/2022)

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The presenters discussed the current state of immigration law as it affects homecare and hospice workforces such as nurses, aides, and therapists. The program addressed relevant non-immigrant and immigrant visa categories, including country-specific options and their limitations, and prospects for legislative or regulatory change in both the short and longer term. Participation and questions from the audience were encouraged.

What Does the CAA Mean for Group Health Plans?

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"What Does the CAA Mean for Group Health Plans?" presented by Virginia E. McGarrity, hosted by Snellings Walters (7/27/2022)

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The Consolidated Appropriations Act (CAA) was signed into law in December of 2020, providing further stimulus and support to organizations and individuals affected by the COVID-19 pandemic. Its many provisions comprise the most comprehensive changes to group health plans since the Health Care Reform Act. The discussion was designed to help employers understand the new requirements and how to partner with plan service providers regarding different aspects of those rules. Topics covered included broker and consultant fee disclosure, surprise billing, continuity of care, modifications to member ID cards, provider directory, and removal of gag clauses. 

Disability 101

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"Disability 101," presented by Patrick W. Begos (7/25/2022)

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Presentation for client insurance company's in-house counsel.

Unions Are Adding Some Heat in the Kitchen For Food & Beverage Employers

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"Unions Are Adding Some Heat in the Kitchen For Food & Beverage Employers," co-authored by Natale V. DiNatale and Kayla N. West, published in Modern Restaurant Management (7/25/2022)

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The article examines the increase in union activity across the food and beverage industry and the implications union organizing has for employers. If employees select a labor organization as their bargaining representative, the National Labor Relations Act (NLRA) requires that the employer deal exclusively with that union with respect to any and all mandatory subjects of bargaining (wages, hours, and conditions of employment). Food and beverage employers can take some important steps before a union-organizing effort that may not be available once an organizing drive begins.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (7/21/2022)

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Cybersecurity for Tax Professionals – Advanced Session

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"Cybersecurity for Tax Professionals – Advanced Session," presented by Linn F. Freedman, as part of the IRS Nationwide Tax Forum 2022 (7/21/2022)

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The presentation was designed to delve deeper into the most-pressing cyber risks facing small and medium-sized companies in the tax industry, including ransomware, social engineering scams and supply chain compromises, with the goal of guiding attendees on how to develop an effective cybersecurity strategy for their business to better combat fraud, scams and cybercrimes and protect their client's data. The program emphasized the changing threat landscape and best security practices for tax preparers to adopt proper safeguards, implement strong security controls and develop an effective incident response plan. It included a discussion of enterprise risk management and prevention; data security planning and implementation; effective responses to an attack and/or breach; IRS requirements to protect taxpayers and their data; and state and federal laws and regulations governing data security and privacy.

The Texas Two-Step: Understanding The Impact on Mass Tort Liabilities

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"The Texas Two-Step: Understanding The Impact on Mass Tort Liabilities," presented by Natalie D. Ramsey, presented during Global M&A Network's 14th Annual Restructuring & Distressed Investing Forum (7/20/2022)

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During the program, leading experts Greg Gordon, Matt Diaz and Paul Zumbo discussed the evolution and state of play of the “Mass-Tort” complex bankruptcies and how upcoming decisions could affect the developing jurisprudence.

Discussion with the Naval & Maritime Consortium Cybersecurity Committee

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"Discussion with the Naval & Maritime Consortium Cybersecurity Committee," presented by Linn F. Freedman, an R+C-sponsored event (7/19/2022)

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The moderated, interactive panel discussion focused on cybersecurity posture and addressed the National Institute of Standards and Technology (NIST) SP 800-171 controls / Cybersecurity Maturity Model Certification (CMMC) compliance requirements. The conversation was designed to be helpful for all cybersecurity professionals working within the Defense Industrial Base. Robinson+Cole is a member of the NMC and was pleased to sponsor of the event.

Federal Court Suggests Title IX Applies to Private Schools Receiving PPP Loans

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"Federal Court Suggests Title IX Applies to Private Schools Receiving PPP Loans" co-authored by Seth B. Orkand, Kathleen E. Dion and Theresa Lane (7/18/22)

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Clinical ColLABorative - Legal Insights in Laboratory Compliance

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"Clinical ColLABorative - Legal Insights in Laboratory Compliance" co-authored by Edward J. Heath, Yelena Greenberg, Kathryn M. Rattigan and Danielle H. Tangorre (7/14/2022)

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Robinson & Cole discuss Website Accessibility and Compliance with the Americans With Disabilities Act

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"Robinson & Cole discuss Website Accessibility and Compliance with the Americans With Disabilities Act," co-authored by Ian T. Clarke-Fisher, Kathleen M. Porter and William J. Egan, the first part of a series on the Americans with Disabilities Act and website accessibility that will be published in the ADVOC Gazette (7/12/2022)

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The authors write that “more than 10,000 lawsuits were filed and almost a quarter million demand letters were sent to companies over the past two years.” Those suits and letters allege that the companies’ consumer-facing public websites failed to provide adequate accessibility to the visually or hearing impaired, “a violation of Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189, or similar state laws, or both.” Read the full article here.  

EPA Power Plant Ruling Could Have Broader Effects for Industry

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"EPA Power Plant Ruling Could Have Broader Effects for Industry," co-authored by Jonathan H. Schaefer and Megan E. Baroni, published in IndustryWeek (7/8/2022)

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The article focuses on the recent U.S. Supreme Court ruling in West Virginia v. Environmental Protection Agency, where the Supreme Court held that the EPA exceeded its authority under the Clean Air Act in its attempt to regulate greenhouse gas emissions from power plants. While the immediate impact of the decision is fairly limited, the Supreme Court’s rationale has the potential to impact federal agency authority across a broad range of sectors. The larger outcome of West Virginia v. EPA could be an expansion of cases that seek to invalidate agency actions based on the major questions doctrine. Read the article.

Data Privacy + Cybersecurity Insider

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"Data Privacy + Cybersecurity Insider" authored by Linn F. Freedman (7/7/2022)

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