Illinois lawmakers have advanced a bill that would materially amend the state’s Biometric Information Privacy Act (BIPA) and provide significant relief to Illinois employers, who have faced a wave of BIPA class action lawsuits in the last three years. Over 850 BIPA class actions have been filed in Illinois.

On March 19, 2021, California Governor Gavin Newsom revived and expanded the COVID-19 related supplemental paid sick leave (SPSL) law that expired on December 31, 2020. Senate Bill 95 codifies SPSL through newly enacted Labor Code sections 248.2 and 248.3, which place additional requirements on employers beyond existing paid sick leave requirements, apply retroactively, and require employers to provide back payments to their employees.

The Louisiana Supreme Court, reversing multiple lower circuit court decisions, has now invalidated the “regular use” exclusion in an Uninsured/Underinsured Motorist (UM) policy based on Louisiana public policy. In Higgins v. La. Farm Bureau Cas. Ins. Co., No. 2020-01094 (La. 3/24/21), the plaintiff, Charles Higgins, was injured in an automobile accident while operating a truck owned by his employer, AT&T.

A recent Delaware Court of Chancery decision provided an exemplary analysis of when a deadlock in an LLC might be the basis for a dissolution. In Mehra v. Teller, C.A. No. 2019-0812-KSJM (Del. Ch. Jan. 29, 2021), the court analyzed case law, statutes, and learned commentary that it synthesized in a careful application to the facts of this case

The Texas Supreme Court recently published its long-awaited decision in the Hinojos v. State Farm Lloyds. In it, the court affirmed its holding in Barbara Technologies, finding that payment of an appraisal award does not absolve an insurer of statutory liability when the insurer accepts a claim but pays only part of the amount it owes within the statutory deadline, and a policy holder can proceed with an action under the Texas Prompt Payment of Claims Act.

On March 17, the Commodity Futures Trading Commission (CFTC or Commission) joined other federal agencies led by Biden Administration appointees in ramping up consideration of climate-related risks in matters under the Commission’s jurisdiction. Stressing the need for a climate-resilient financial system, the CFTC’s new Climate-Risk Unit (CRU) will focus on “the role of derivatives in understanding, pricing, and addressing climate-related risk and transitioning to a low-carbon economy."

Following previous steps to enhance its focus on climate-related disclosures, the Securities and Exchange Commission (SEC) announced on March 15, 2021 that it was accepting public comment on climate change disclosure requirements for public company filings. Acting Chair Allison Herren Lee opened a 90-day comment period on whether current disclosure requirements provide investors with adequate information on climate-related impacts and, if not, what additional rules should be considered.

New York’s Appellate Division, Second Department recently issued a decision in Alleviation Medical Svcs. v. Allstate Ins. Co., 2021 N.Y. Slip Op. 08159 (App. Div., 2nd Dept. 2/24/21), which was anticipated to specifically address the issue of whether an insurer would be required to pay in excess of the $50,000 policy limit if a court or arbitrator determined that a previously denied claim should have been paid.