Telehealth was on the rise even before COVID-19 arrived on scene. Prior to this expansion, telehealth was already a focus of investigations for possible fraud and so it should not be a surprise that on January 26, 2021, the Department of Health and Human Services, Office of Inspector General (HHS/OIG) gave notice that it was adding a new audit and evaluation project, known as the HHA Telehealth Project, focused on the implementation of various telehealth waivers by home health agencies as a result of the pandemic. 

The Biden Administration has left no doubt that it intends to prioritize environmental justice (EJ) in implementing energy and environmental policy. President Biden has announced plans for elevating EJ by designating new Cabinet level offices, intensifying enforcement, and advocating for Congressional action. Given the likelihood of serious impacts from these sweeping changes, industry will need to step up engagement as these concepts are integrated into regulatory decisions and U.S. positions globally.

 President Biden has signed 28 Executive Orders as of February 2, 2021, but there is one that stands out to employment lawyers – Executive Order 13999. Titled “Protecting Worker Health and Safety,” the Order addresses workplace safety. It sets out instructions, primarily to the Secretary of Labor and Assistant Secretary of Labor for Occupational Safety and Health, for establishing and issuing a set of guidelines under the Occupational Safety and Health Act.

A recent decision issued by the U.S. Court of Appeals for the Ninth Circuit makes it harder for employer defendants to remove class actions to federal court under the Class Action Fairness Act of 2005 (CAFA). In remanding a putative class action back to California state court, the Ninth Circuit held that the removing defendant failed to submit competent evidence showing that the amount in controversy exceeded the $5 million jurisdictional threshold required to invoke federal jurisdiction.

It is clear the Biden Administration plans big changes in the leadership of the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and the Consumer Financial Protection Bureau (Bureau or CFPB).

As we move through the remainder of this snowy season, it is important for businesses to understand their legal obligations concerning snow removal and the defenses that are available to them in the event that an injury occurs on their premises. This alert summarizes the ongoing storm rules in Connecticut, Massachusetts, New Jersey, New York, and Rhode Island, and analyzes property owners’ snow removal responsibilities as well as related premises liability issues under these states’ laws.

On February 1, 2021, the Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product (GNP).

In addition to actions already taken on his first day in office, which included rejoining the Paris climate agreement and revoking the Keystone XL oil pipeline’s permit, on January 27, 2021, President Biden released several new initiatives that represent a major shift in climate policy (see our previous alert from January 19).