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Buchalter TCPA Digest: More ATDS Cases Slip Past Pleading Stage, Plaintiffs Keep Trying to Leverage Facebook’s FN7, and Florida Enacts Not-so-“Mini” TCPA
Buchalter, July 2021

  The TCPA and other related regulations over telemarketing and “robocalling” continue to evolve at a quick pace, creating uncertainty and posing challenges for any business that contacts consumers through calling or texting. This past month has seen more important developments in the wake of the Supreme Court opinion in Facebook v. Duguid, which gave us a narrow interpretation of the statutory ATDS definition...

New Monetary Penalties for Some Skilled Nursing Transfers, Discharges, and Readmissions
Hanson Bridgett LLP, July 2021

Key Points Governor Newsom signed into law Assembly Bill (AB) 133, which creates a $750 per day civil money penalty for skilled nursing facilities (SNF) that do not comply with a transfer, discharge, or readmission hearing decision within three calendar days. AB 133 also requires an SNF to submit a certification of compliance to the Department of Health Care Services (DHCS), attesting it has complied with the hearing officer's order...

Charities and Data Protection: Brexit, The New EU SCCs and Guidance, What Do We Do Now?
Shoosmiths LLP, July 2021

The data protection landscape has seen significant change and more is expected. What does that mean for charities specifically? On our 8 July, 2021 webinar Shoosmiths’ Partner, Sarah Tedstone, identified areas with significant change already and where action will be needed in the next few weeks and months to stay compliant...

New Bill Pumps the Breaks on Health Care Consolidation in Oregon (updated 07/28/2021)
Schwabe, Williamson & Wyatt, July 2021

On July 27, 2021, Governor Kate Brown signed into law a bill that will make it more difficult for health care entities in Oregon to consummate mergers and similar transactions...

Change in the Law Allows Outdoor Weddings
Shoosmiths LLP, July 2021

During the COVID-19 pandemic, the rules surrounding weddings regularly changed to reflect government guidelines and the world’s growing understanding of the virus. The rules ranged from a complete ban on weddings in March 2020, to a limit of 30 people (including the engaged couple) without any singing or dancing in June 2020, to a guest limit depending on the venue in June 2021, with various stages in between...

Pensions and Climate Change: The Pensions Regulator’s Draft Guidance
Shoosmiths LLP, July 2021

The Pensions Regulator (tPR) has published a consultation introducing its proposed guidance (‘Draft Guidance’) on pensions climate risk. The Draft Guidance follows on from the introduction of the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 (‘Regulations’)...

Bills to Establish Maximum Prices for Food and Construction Materials for Housing is Presented in Congress
Carey, July 2021

On May 25, deputies Karim Bianchi, Boris Barrera, Jaime Naranjo, Alexis Sepúlveda and Pedro Velásquez presented a bill That seeks to to assign the Chilean Competition Court ( Tribunal for the Defense of Free Competition - " TDLC ") the authority to Set maximum consumer prices for food and housing repair related-products, in the event of a constitutional state of exception...

UK Competition and Consumer Regimes Set for Shake Up
Shepherd and Wedderburn LLP, July 2021

The UK Government has this week announced what would be the biggest shake-up of the competition and consumer protection policy landscape for the last 20 years. On 20 July 2021 the Department for Business Energy and Industrial Strategy (BEIS) published a consultation document setting out its proposals for sweeping reforms of the UK’s competition and consumer protection law regimes and inviting responses by 1 October 2021...

The U.S. Breaks with Canada in Response to COVID-19 and Cross-Border Travel Restrictions 
Schwabe, Williamson & Wyatt, July 2021

Since March 2020, the United States and Canada have agreed upon mutually reciprocal COVID-19 related travel restrictions. U.S. and Canadian officials mutually determined that “non-essential” travel between the U.S. and Canada “poses additional risk of transmission and spread of the virus associated with COVID-19 and places the populace of both nations at increased risk of contracting the virus associated with COVID-19...

Major Rehaul in the Customs Exemption Notifications
Kochhar & Co. Advocates & Legal Consultants, July 2021

The Finance Minister of India in the 2021-22 Union Budget had announced that the Government proposes to review 400 exemption notifications.  The exemption on more than 150 items, currently exempted under Notifications Nos. 14/2006-Customs dated 01.03.2006, 26/2011-Customs dated 01.03.2011 and 50/2017-Customs dated 30.06.2017 could be axed.  The Telecom, Information Technology, Wind Power, Textiles and Pharmaceuticals are a few of the affected sectors...

Shearn Delamore & Co Legal Updates July (1)
Shearn Delamore & Co., July 2021

Financial ServicesRuling of Shariah Advisory Council of Bank Negara Malaysia on QardAt its 213th meeting of the Shariah Advisory Council (“SAC”) of Bank Negara Malaysia, the SAC ruled that the method under Malaysian Financial Reporting Standard (“MFRS”) 17 Insurance Contracts and MFRS 9 Financial Instruments may be adopted to measure qard (interest free loan) for transactions between shareholders’ fund and takaful fund...

Sports Governing Bodies: Competition Law and Regulation
Shepherd and Wedderburn LLP, July 2021

From a competition law standpoint, the regulation of sport presents a difficult conundrum. On the one hand, sports regulations may limit the ability of economic actors (including sportspeople) to win business through unrestricted competition. On the other hand, without such regulations, the essential core of the sport (and the business interests built around it) may be undermined...

UK Government Sets Out its Strategic Approach to CPTPP Accession and Call for Evidence Reopened
Shepherd and Wedderburn LLP, July 2021

The parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) have agreed to formally commence an accession process with the UK. Ahead of the start of formal negotiations, the UK Government has set out its strategic approach to accession...

State Department Extends Validity Periods for National Interest Exceptions
Dykema, July 2021

In a move that will allow greater flexibility for traveling to the United States, the State Department recently announced National Interest Exceptions (NIEs) issued to foreign nationals in the last 12 months who are covered by COVID-related Presidential Proclamations (PPs) will now be valid for 12 months, rather than the previous 30-days. In addition, these NIEs will allow for the ability to use them for multiple entries during the new validity period...

Ohio Introduces Data Privacy Legislation
Dinsmore & Shohl LLP, July 2021

On July 13, 2021, Ohio Lieutenant Governor John Husted announced the introduction of the Ohio Personal Privacy Act (OPPA), a comprehensive privacy framework following in the footsteps of recent legislative enactments in California (the CCPA as modified by the CPRA), Virginia (the CDPA), and Colorado (the Colorado Privacy Act)...

Civil Proceedings: Questions Going Forward after the Pandemic
Simonsen Vogt Wiig AS, July 2021

When the lockdown was a fact in March 2020, Norwegian courts demonstrated a great willingness to keep the wheels of the Norwegian litigation system going by rapidly transitioning to conducting court hearings through video meetings, and by resolving a larger number of cases through written proceedings. The question going forward is whether experiences gained through the pandemic should change how civil procedures are conducted, and if so, what these changes should be...

First Draw PPP Loans $2 Million and Up and the PPP Necessity Questionnaires (Updated 07/13/2021)
Schwabe, Williamson & Wyatt, July 2021

Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers...

Texas’s Major Lien Law Makeover: What You Need to Know
Bradley Arant Boult Cummings LLP, July 2021

Chapter 53 of the Texas Property Code just received major updates for the first time in years. On June 15, 2021, Gov. Greg Abbott signed into law HB 2237. This bill makes many notable changes to Texas’s lien laws. The construction industry and construction lawyers should take note of these changes to the complex and often confusing world of mechanic’s, contractor’s, and materialman’s liens in Texas...

Data Export Compliance under China’s Data Security Law
Deacons, July 2021

On 10 June 2021, the Data Security Law (DSL), which will become effective as of 1 September 2021, was adopted in China. The enactment of the DSL marks the introduction of China’s first fundamental law in the field of data security, which, together with the Cybersecurity Law and the upcoming Personal Information Protection Law, will lay a legal foundation for safeguarding national data security, promoting data utilisation and mitigating the risks of data processing activities...

Amendment Bills on Hong Kong Re-Domiciliation for Foreign Investment Funds
Deacons, July 2021

On 2 July 2021, the Government gazetted the Securities and Futures (Amendment) Bill 2021 and the Limited Partnership Fund and Business Registration Legislation (Amendment) Bill 2021 (Bills). These new laws aim to open up new channels enabling foreign investment funds to be re-domiciled and registered in Hong Kong as open-ended fund companies (OFCs) or limited partnership funds (LPFs)...

Pet Food Recalls: Here to Stay
Shoosmiths LLP, July 2021

Since April 2021, over 278 cases of feline pancytopenia, approximately 130 of which have proved fatal, have been detected amongst the UK’s feline population. This has now led to a recall of various cat foods, affecting large and small retailers...

Executive Order Targets Hospital Consolidation Non-Competes
Waller, July 2021

President Joe Biden is issuing an executive order today that aims to increase competition in the U.S. economy...

New TMT legislation in Russia
ALRUD Law Firm, July 2021

We would like to inform you of several draft laws in the TMT area, that were adopted by the Russian Parliament, and finally signed by the President. We have prepared a short description for you below...

Don’t Be Caught by Surprise: HHS Issues First Regulations Related to Surprise Billing
Dinsmore & Shohl LLP, July 2021

The Departments of Health and Human Services (HHS), Labor, Treasury, and the Office of Personnel Management issued the first interim final rule with comment period, in what is likely to be a series of rules, aimed at ending surprise medical bills from out-of-network providers...

How to Cover Multiple Facilities with a Single Loan under HUD’s Lean Program
Dinsmore & Shohl LLP, July 2021

The Multifamilly and Healthcare Facility divisions of HUD are a bit like two different dialects of the same language; both offer mortgage insurance under the Federal Housing Administration, but each has its own distinct rules and conventions on underwriting, closing and asset management. Being conversant in one dialect doesn’t necessarily equip you to get by in the other...

 

 

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