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Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 1 of 2 Posted on: June 05, 2019 In: Labor & Employment
What Should Employers Know About the “Affordable Care Act” and the Medical Loss Ratio? These days, with readily available access to various political and social media platforms, one may find that the phrase “Affordable Care Act” has evolved into a “buzzword” occasionally used to promote a partisan agenda. Regardless of the current political climate and differences in opinions, most employers should have a general understanding and knowledge of the medical loss ratio under the Affordable Care Act (ACA).
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affordable care act, medical loss ratio, health insurance, premium rebate, california
CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 1 of 3: Where Does the Law Stand Now? Posted on: June 03, 2019 In: Data Privacy & Cybersecurity
On June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Privacy Act (CCPA) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. Part 1 of this three-part series will examine the current state of the law.
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ccpa, data privacy, california, gdpr, personal data
Privilege Review Presents Unique Challenges In Intellectual Property Cases Posted on: June 03, 2019 In: Intellectual Property & Technology
Intellectual property (IP) litigation typically requires review and production of large volumes of documents and electronically stored information (ESI). The evolution of ESI has greatly multiplied the number of documents and the coincident broadening of the attorney-client, work product, joint defense, and other privileges has made it much more difficult to identify and remove all privileged documents from production, even after the introduction of rules designed to lessen the burden presented by large ESI
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Tags:
ip litigation, electronically stored information, attorney-client privilege, supreme court, document review, discovery
Legislative Alert: New Jersey Enacts Legislation to Expand Disclosure of Online Data Breaches Posted on: May 31, 2019 In: Data Privacy & Cybersecurity
On May 10, 2019, New Jersey enacted Senate Bill 52 (SB 52). This bill, which will take effect on September 1, 2019, will require disclosure of data breaches that impact usernames, email addresses, and/or other account holder identifying information belonging to residents of the Garden State when combined with any password or security questions and answers.
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legislative alert, data breach, breach notification, consumer notification, new jersey
Does ‘Compensation’ Mean ‘Pay’ Under California Law? Posted on: May 29, 2019 In: Labor & Employment
Overtime laws vary by states. For instance, overtime under California law is calculated based on the “regular rate of pay.” This includes all forms of remuneration, such as non-discretionary bonuses, piece-rates, commissions, etc. Conversely, with respect to meal and rest periods, California law states that these must be paid at an employee’s “regular rate of compensation.” However, California law does not define what regular rate of compensation means.
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overtime, california, compensation, california supreme court, rate of pay
Non-Competition Agreements – Bracing Yourself Against the Winds of Change Posted on: May 23, 2019 In: Labor & Employment
As noted in our May 10 client alert, Washington has now joined several other states (Idaho, Utah, Massachusetts, Nevada, Oregon, New Mexico, and Illinois) that have recently amended their non-compete statutes to provide more protections for employees. The Washington statute is instructive for employers because, in addition to a new wage threshold, it contains several of the restrictions or limitations that are trending in proposed legislation across the country.
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non-competition, non-disclosure, non-solicitation, employment agreements, washington
Supreme Court Issues Major Ruling on the Ongoing Viability of Trademark Licenses by Bankrupt Entities Posted on: May 20, 2019 In: Intellectual Property & Technology
At issue in Mission Product Holding v. Tempnology, LLC, was whether a licensee whose license agreement was "rejected" by the bankrupt debtor licensor was permitted to continue using the trademark that was the subject of the license. The debtor/licensor wanted the licensee to cease ongoing usage of the mark and cited to the bankruptcy law's tool of rejection as the basis for doing so. However, the U.S. Supreme Court rejected the proposition that the licensee had to cease usage.
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supreme court, trademark, bankruptcy, chapter 11, trademark license
What Wearable Tech Could Mean for Sports as “Hot News”: A Lesson from the Alliance of American Football Posted on: May 17, 2019 In: Intellectual Property & Technology
On April 2, 2019, in the middle of its inaugural season, the nascent Alliance of American Football (AAF) ceased all operations. Within weeks the AAF filed for Chapter 7 bankruptcy, leaving in its wake new technologies that might one day reshape the world of professional sports.
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Tags:
wearable technology, hot news, professional sports, misappropriation, copyright
Legislative Alert: Maryland Amends Data Breach Notification Law to Improve Incident Response Posted on: May 16, 2019 In: Data Privacy & Cybersecurity
On April 30, 2019, Maryland enacted an amendment to Maryland’s Personal Information Protection Act (Md. Code Ann. § 14-3504), which becomes effective on October 1, 2019. The amendment was introduced in response to a rise in consumer complaints about identity theft.
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maryland, breach notification, identity theft, credit card fraud, incident response, legislative alert
Non-Competition Agreements, Part 2: Making It Hard to Say Goodbye Posted on: May 14, 2019 In: Labor & Employment
Like any relationship, a separation between an employer and employee can be difficult. It can be even worse if one party is surprised by the separation. Non-competition agreements are an important tool for employers to help mitigate the difficulties of employment separation, especially when it is the employee doing the leaving. Here are three tips for employers using or thinking about using non-competition agreements/
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Tags:
non-competition, employment agreements, offer of employment, retention
Legislative Alert: Alabama Passes Heightened Cybersecurity Standards for the Insurance Industry Posted on: May 13, 2019 In: Data Privacy & Cybersecurity
On May 1, 2019, Governor Kay Ivey signed Alabama S.B. 54 into law, making Alabama the latest state to pass a law mandating heightened standards within the insurance industry for cybersecurity and data privacy. The Insurance Information Security Program Requirement applies specifically to insurers and other entities licensed by the Alabama Department of Insurance.
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legislative alert, alabama, data security, insurance industry, cybersecurity
3 Tips to Help Your Business Acclimate to the New Landscape of Legal Marijuana Posted on: May 09, 2019 In: Labor & Employment
Amazing though it may seem, we are living in the brave new world of legalized marijuana, a development that just a few years ago was likely unthinkable to the average employer. In 2019, ten states and Washington, D.C. have legalized recreational marijuana for adults over 21, while 33 states have legalized medical marijuana. More states, such as Illinois, are expected to legalize recreational marijuana soon. Employers must acclimate to the rapidly-changing drug landscape. Here are three helpful tips to get
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Tags:
marijuana, medical marijuana, drug policy, reasonable accommodation policy, zero tolerance

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