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The CDC’s New Definition of “Close Contact”: What You Need To Know
Dykema, November 2020

                The Centers for Disease Control and Prevention has expanded the definition of close contact to now evaluate exposure cumulatively over a 24-hour period such that “15 cumulative minutes of exposure at a distance of 6 feet or less can be used as an operational definition for contact investigation,”[1] Because the newly expanded definition is not limited, it impacts many different industries (inclu

“If I've Told You Once, I've Told You Eight Times…” HHS OIG Issues Another Audit Report on Hospitals’ Failure to Report Credits for Explanted Cardiac Devices and Lays the Groundwork Collection of Over
Verrill, November 2020

Each year, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issues dozens of audit reports. While each is important in its own way, some stand out with language that appears to reflect OIG’s fraying patience and may lay the groundwork for possible future enforcement action. A report issued on November 16, 2020, falls into this category...

Attention Points for Retail Sector Employers Considering Dismissing Employees
ALTIUS/Tiberghien, November 2020

As the retail sector is one of the sectors most affected by the Covid-19 pandemic, employers within it might be considering dismissing employees for economic or technical reasons...

Regional Comprehensive Economic Partnership Signed
DFDL, November 2020

On 15 November 2020, leaders of the ASEAN Member States, Australia, China, Japan, Republic of Korea and New Zealand witnessed the signing of the Regional Comprehensive Economic Partnership (“RCEP“) Agreement. The RCEP Agreement marks ASEAN’s biggest free trade pact to date, covering a market of 2.2 billion people with a combined size of US$26.2 trillion...

The Philosophy Behind the Successful Economic Substance Regime of the BVI
Morgan & Morgan, November 2020

Following the introduction in the British Virgin Islands (BVI) of the Economic Substance (Companies and Limited Partnerships) Act, 2018 (ESA), which became effective on January 1st, 2019, some questioned the sustainability of BVI’s position as a leading international financial centre. While we cannot underestimate those concerns, we believe that there is also evidence that ESA will not have a negative impact on the BVI...

Fine Practices of the Data Protection Supervisory Authorities Under Scrutiny
Heuking Kühn Lüer Wojtek, November 2020

The German Federal Commissioner for Data Protection and Freedom of Information (BfDI) sees the decision as a success: On November 11, 2020, the District Court of Bonn reduced the fine imposed on 1&1 Telekom GmbH for a data protection breach from an original EUR 9.55 million to EUR 990,000.00, thereby fundamentally calling into question the fine practices of the German supervisory authorities...

OIG Takes Aim at Speaker Programs in Special Fraud Alert
Bradley Arant Boult Cummings LLP, November 2020

On November 16, 2020, the Office of Inspector General of the Department of Health and Human Services (OIG) issued a Special Fraud Alert addressing the fraud and abuse risks of speaker programs that are commonplace in the pharmaceutical and medical device industries...

Invoking Copyright to Block the Submission of Evidence? Nice Try, But No Cigar!
ALTIUS/Tiberghien, November 2020

The Court of Justice of the European Union delivers judgments regarding the concept of “communication to the public” faster than legal scholars can read and dissect them. While we are eagerly awaiting the Court’s analysis of different types of hyperlinking, it has taken less than two months to follow Advocate General Hogan’s opinion regarding the emailing of evidence containing copyrighted works to a court in legal proceedings...

FTC Sues to Block Methodist Le Bonheur-St. Francis Transaction
Bradley Arant Boult Cummings LLP, November 2020

On November 12, 2020, the Federal Trade Commission (FTC) sued to block the acquisition of two Memphis-area hospitals by Methodist Le Bonheur Healthcare. Eleven months earlier, on December 12, 2019, Methodist entered into an agreement with Dallas-based Tenet Healthcare Corporation to purchase Saint Francis-Memphis and St. Francis-Bartlett (along with their associated physician practices, urgent care centers, and other ancillary care providers) for $350 million...

For the First Time Since TC Heartland, the Federal Circuit Addresses Venue in an ANDA Case – the Holding May Also Impact BPCIA Litigation
Patterson Belknap Webb & Tyler LLP, November 2020

On November 5, 2020, in Valeant Pharms. N. Am. LLC  v. Mylan Pharms. Inc., No. 2019-2402, the Federal Circuit held that venue in Hatch-Waxman cases brought under 35 U.S.C. § 271(e)(2)(A) is proper “only in districts where actions related to the submission of an Abbreviated New Drug Application (‘ANDA’) occur, not in all locations where future distribution of the generic products specified in the ANDA is contemplated.”  Slip op. at 3...

FMA Consultation on Advertising Financial Products
MinterEllisonRuddWatts, November 2020

Today the Financial Markets Authority (FMA) published a consultation paper seeking feedback in relation to its proposed guidance about advertisements for financial products under the Financial Markets Conduct Act 2013 (FMCA). The draft guidance is available online. The consultation paper and the consultation page containing details on how to make a submission can each be found on the FMA’s website...

COVID-19, the CARES Act and the Impact on Mortgage Forbearance
Spilman Thomas & Battle, PLLC, November 2020

In response to the coronavirus pandemic, the federal government passed the CARES Act, which provides a number of protections to homeowners unable to pay their mortgages. The CARES Act prohibits any home foreclosures before December 31, 2020, and allows homeowners to seek forbearance from lenders for a period of 180 days, with one extension of 180 days. The Act applies to all federally backed mortgages...

Coming January 1, 2021 New Federal Workplace Harassment and Violence Prevention Regulations
Lawson Lundell LLP, November 2020

The new Work Place Harassment and Violence Prevention Regulations, SOR/2020-130 (the “Regulation”) and corresponding changes to the Canada Labour Code (the “Code”) come into force on January 1, 2021. The amendments introduce significant changes to how federally regulated organizations are required to prevent and address workplace harassment and violence, and set out specific requirements for workplace harassment and violence policies...

The Proposed Indian Copyright Amendment Rules and Suggestions for Further Amendment
Kochhar & Co. Advocates & Legal Consultants, November 2020

The Copyright Office of the Department for Promotion of Industry and Internal Trade (DPIIT) has invited comments and suggestions to amend the Copyright Act before November 30, 2020. Mid last year, the DPIIT proposed a set of amendments to the Indian Copyright Rules. While these amendments sought to increase transparency and provide clarity for right holders, many other essential modifications were overlooked...

Michigan Employers Must Now Demonstrate Infeasibility of Working from Home
Dykema, November 2020

On November 15, 2020, Michigan’s Department of Health and Human Services (“DHHS”) issued a new Gatherings and Face Mask Order that further limits in-person gatherings and employer operations, but does not meaningfully change requirements for most businesses. With limited exceptions, this Order prohibits all indoor gatherings at “non-residential venues” of “two or more persons from more than one household… in a shared space...

Lessons for Technology from COVID-19: M&A Transactions for Digital Assets
MinterEllisonRuddWatts, November 2020

Disruptive events tend to accelerate existing trends, and COVID-19 is no exception. Technology is transforming the way businesses operate, the products and services they offer and is reshaping the global M&A landscape – and the speed of adoption is significant...

Defence: Key Changes in the Regulatory Landscape Pursuant to Atmanirbhar Bharat
Kochhar & Co. Advocates & Legal Consultants, November 2020

The Government of India has been very active in putting in place the necessary framework to implement the objectives of the ‘Atmanirbhar Bharat Abhiyan’. The ‘Atmanirbhar Bharat Abhiyan’ or a program of self-reliance announced by the Government of India intends to focus on the five key pillars of economy, infrastructure, system, vibrant demography, and demand...

The Acceleration of Retail Technology
Shoosmiths LLP, November 2020

Shoosmiths’ digital media expert and Partner, Sherif Malak, examined the multitude of predicted developments in retail, and the legal challenges that accompany them, in an article published in the Lawyer.  Here we reiterate Sherif’s published thoughts on likely trends. Introduction The COVID-19 crisis has brought a renewed focus to the role of retail technology and models, as the industry seeks to reimagine the retail landscape over the next year and beyond...

The Proposed Indian Copyright Amendment Rules and Suggestions for Further Amendment
Kochhar & Co. Advocates & Legal Consultants, November 2020

The Copyright Office of the Department for Promotion of Industry and Internal Trade (DPIIT) has invited comments and suggestions to amend the Copyright Act before November 30, 2020. Mid last year, the DPIIT proposed a set of amendments to the Indian Copyright Rules. While these amendments sought to increase transparency and provide clarity for right holders, many other essential modifications were overlooked...

Moving from Brexit 1.0 to Brexit 2.0
Shoosmiths LLP, November 2020

What will UK data protection look like after Brexit 2.0 on 31 December 2020? Regime 1: the 'UK GDPR': the UK's new bespoke version together with the Data Protection Act 2018 The UK GDPR will be the UK data protection regime based on the 'EU GDPR' (see below)...

Implementation of 2018-2022 National Strategy for the Protection of Switzerland Against Cyber Risks – Quarterly Report
Walder Wyss Ltd., November 2020

On 19 October 2020 the Federal Council's Cyber Committee adopted a report on the advancement of the 2018-2022 national strategy for the protection of Switzerland against cyber risks (2018-2022 NCS) and its gradual implementation. The report focuses mainly on the progress made in supporting small and medium-sized enterprises (SMEs) and promoting research and training...

Healthcare & Life Sciences Department Report
Beccar Varela, November 2020

In this report, you will find a summary of two important decrees published yesterday in the Official Gazette. Regulatory Decree of Law No. 27,350 of medical and scientific research on the medicinal use of the cannabis plant and its derivatives By means of Executive Branch’s Decree No...

Settlement in Climate-Related Financial Disclosure Case
MinterEllisonRuddWatts, November 2020

The recent settlement in the Australian case: McVeigh v Retail Employees Superannuation Trust (REST) will be highly relevant to all New Zealand fund managers considering the impact of climate change on their investors. McVeigh v REST is the first case to consider whether a trustee of a superannuation fund had the duty to consider and disclose climate change risks...

Environment, Trade: British Government Aims to Forbid Imports of Commodities from Deforested Areas
Veirano Advogados, November 2020

British Government aims to forbid import of commodities from deforested areas as a consequence of international discussions focused on ESG. In 2019, the British Government hired the independent consultancy 'Global Resource Initiative' ("GRI") to evaluate actions to ensure a more sustainable economy for the United Kingdom...

What Happened to My Capital Account? New Partnership Reporting Requirements for 2020 and Beyond
Dykema, November 2020

On June 5, 2020 the Department of the Treasury and the Internal Revenue Service (“IRS”) issued Notice 2020-43 (the “Notice”) proposing two alternative methods to satisfy tax capital account reporting requirements as the only methods for reporting partner’s capital accounts under the tax basis method for taxable years that end on or after December 31, 2020...

 

 

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