Firm: Buchalter
Buchalter | May 2022

By: Gwenneth O’Hara, Nora Sheriff, Jonathan Kendrick, and Lillian Rafii After extensive collaboration with other state agencies and nearly a year’s worth of public workshops on scoping plan topics and modeling, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) on May 10, 2022 ...

Buchalter | May 2022

May 12, 2022 By: Mikhail Parnes and Devan McCarty Health plans routinely assert that contracted providers must appeal underpayments or claim denials according to the health plans’ internal dispute process. The payer/provider agreement itself, or provider manuals that health plans contend are incorporated by reference, are the basis for the appeal requirement. Health plans oftentimes analogize this process to the legal principle of exhaustion of administrative remedies ...

Buchalter | April 2022

April 27, 2022 By: Michael Flynn On April 25, the CFPB announced that it is invoking an aspect of its oversight authority to enable it to supervise and examine certain nonbank lenders when it determines the company’s activities and products pose a risk to consumers. The announcement highlights the CFPB’s intent to more closely supervise at least some FinTech companies and other nonbank consumer financial services providers, comparable to its supervision of banks ...

Buchalter | April 2022

By Weiss Hamid Continuing the growing trend, Utah has become the fourth state to enact a comprehensive state privacy law, entitled the Utah Consumer Privacy Act (“UCPA”). Utah’s Senate passed the UCPA unanimously on February 25, 2022, and was followed by a unanimous vote by Utah’s House on March 2. On March 22, Governor Spencer Cox signed the UCPA, officially making it the law of the land ...

Buchalter | April 2022

April 20, 2022 By: Arielle Seidman and Anthony Martin Automated and algorithmic decision-making tools have become run-of-the-mill in everything from loan and apartment applications to employment searches and university acceptances. Such tools provide increased efficiency, accuracy, and customer satisfaction for, among many others, banks and financial institutions ...

Buchalter | April 2022

April 19, 2022 By: T. Mark Tubis The U.S. Department of Health and Human Services (“HHS”) has renewed the January 31, 2020 determination that a public health emergency (“PHE”) exists nationwide. Each determination renews the PHE for 90 days, so all HHS/CMS waivers and flexibilities applicable during the PHE will continue until at least July 15, 2022, unless the PHE is terminated sooner ...

Buchalter | April 2022

April 12, 2022  By: Mary H. Rose Health care providers who received Provider Relief Funds under the CARES Act during Period 1 (April 10, 2020 to June 30, 2020) were required to use the funds by June 30, 2021 and submit a report to the Health Resources and Services Administration (HRSA) regarding use of the funds by September 30, 2021. On March 10, 2022, HRSA sent notices to approximately 10,000 providers who failed to meet the report deadline ...

Buchalter | April 2022

By: Manuel Fishman March 2022 Documentary Credit World Most issuers of, and beneficiaries under, letters of credit are familiar with the impact a tenant bankruptcy has on the continued effectiveness of draws under the LC. Assuming a “direct draw” letter of credit that does not require prior notice to the applicant, the beneficiary is entitled to draw on the LC because of the independent obligation of the issuer to honor credit-complying draws ...

Buchalter | April 2022

March 31, 2022 By: Michael Flynn In a March 28 speech, CFPB Director Rohit Chopra announced that the CFPB intends to enforce aggressively against large financial institutions that are repeat offenders, and will ask other federal regulators to take a similar approach. This will include utilizing stronger sanctions, even up to banning business practices, forcing divestiture of business lines, and working with state regulatory agencies to obtain license revocations where appropriate ...

Buchalter | March 2022

March 31, 2022 By: Michael Flynn On March 16, 2022, the CFPB announced it will expand the scope of its enforcement activities regarding discrimination beyond the specific areas covered by ECOA, by applying the UDAAP unfair practices standard to discriminatory practices in all consumers financial segments ...

Buchalter | March 2022

March 24, 2022 By: John Epperson and Peter McGaw UPDATE:  At the time Buchalter published its client alert regarding the new ASTM Standard for Phase I Environmental Site Assessments (Phase I ESAs), we noted that the new ASTM Standard would not be considered “All Appropriate Inquires” for purposes of establishing defenses under CERCLA until the Environmental Protection Agency (EPA) amended its regulations to incorporate the new Standard ...

Buchalter | March 2022

March 24, 2022 By: Andrea Musker The Consolidated Appropriations Act of 2022, signed by President Biden on March 15, 2022, extends federal telehealth flexibilities beyond the expiration date of the public health emergency for a limited time. The public health emergency is currently set to expire on April 16, 2022, but it may be renewed for another ninety days ...

Buchalter | March 2022

March 24, 2022 By: Karen N. George and Andrew H. Selesnick The DMHC issued its final guidance on the No Surprises Act, confirming that the Knox-Keene Act constitutes a “specified state law” under the Act. The out-of-network reimbursement requirements for emergency services and the dispute resolution process in the NSA will therefore not apply to DMHC claims ...

Buchalter | March 2022

March 21, 2022 By Michelle Meek  On March 18, 2022, the U.S. House of Representatives passed the CROWN Act (H.R. 2116). The Creating a Respectful and Open World for Natural Hair (CROWN) Act explicitly prohibits discrimination in employment on the basis of hair texture or hairstyles commonly associated with a particular race or national origin ...

Buchalter | March 2022

March 16, 2022 By Braeden Mansouri and Alicia Guerra On February 15, California’s preeminent institution of higher education, UC Berkeley (“UCB”), began emailing student applicants that UCB may be forced to withdraw admissions offers as a result of a recent California Court of Appeal decision ...

Buchalter | March 2022

March 11, 2022 By Philip Nulud The metaverse and non-fungible tokens (NFTs) are common buzzwords as of late. Many brands such as Nike®, Victoria Secret®, TaylorMade®, and others are rushing to stake their claims on “goods” in the metaverse, as well as NFTs. Why are they doing so, and why is it important to protect your intellectual property as it pertains to the metaverse and NFTs? Let’s start with a quick explanation on the metaverse and NFTs ...

Buchalter | March 2022

March 8, 2022 By: Jarrett S. Osborne-Revis and Robert S. McWhorter On March 7, 2022, the California Supreme Court issued its much-anticipated decision in Sheen v. Wells Fargo Bank, N.A., holding that a lender does not owe a borrower a tort duty of care in considering a loan-modification request.[1] Sheen, like many other loan-modification cases resulting from the 2008 recession, arose from a dispute between the plaintiff Kwang K ...

Buchalter | March 2022

March 3, 2022 By: Tracy A. Warren, Kathryn B. Fox, and Michelle K. Meek On March 3, 2022, President Biden signed into law a bill that prohibits companies from compelling to arbitration cases where there are allegations of sexual harassment or assault ...

Buchalter | March 2022

March 2, 2022 By: Karen N. George and Andrew H. Selesnick HHS has withdrawn its interim final rule requiring arbitrators in the IDR process to select the payment rate closest to the insurers’ median in-network rate (i.e., QPA) under the NSA – an official and significant victory for providers. HHS made this announcement in light of the federal court’s recent decision in Texas Medical Association et al. v ...

Buchalter | March 2022

March 2, 2022 By Kathryn Fox and Skye Daley It is becoming increasingly common that when an employee files suit against their current or former employer, they file not only against the company they worked for day-to-day but also against any related company ...

Buchalter | February 2022

February 18, 2022 By Li-An Leonard As noted in an earlier Buchalter Client Alert, Governor Newsom and legislative leaders reached an agreement to bring back COVID-19 Supplemental Paid Sick Leave in 2022.  On November 9th, Governor Newsom signed Senate Bill (SB) 114 creating California Labor Code § 248.6 and completing the comeback of COVID-19 Supplemental Paid Leave in 2022 or as referred to in this update, 2022 SPSL ...

Buchalter | February 2022

By Michael Flynn Under the long-recognized valid when made doctrine, if a loan was not subject to a state usury law when it was made, it does not subsequently become even if it is subsequently sold or assigned to another party.  The doctrine long was applied by courts and utilized in secondary market sales, but its application to a non-bank purchaser was rejected by the Second Circuit in 2015 in Madden v. Midland Funding, LLC ...

Buchalter | February 2022

February 10, 2022 By: Tracy A. Warren, Kathryn B. Fox, and Michelle K. Meek On Thursday, February 9, 2022, the U.S. Senate passed a bill that would prohibit companies from compelling to arbitration cases where there are allegations of sexual assault or sexual harassment, even where an employee has signed an otherwise enforceable arbitration agreement. The bill, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, was previously passed by the U.S ...

Buchalter | January 2022

January 31, 2022 By:  Tracy A. Warren and Yvonne A. Ricardo 2022 has many California employers suffering from PAGA fatigue. Too many times, plaintiffs’ attorneys use the Private Attorneys General Act of 2004 (“PAGA”) to drive up settlement demands, gaining large attorneys’ fees, over what are seemingly nuisance claims ...

Buchalter | January 2022

January 12, 2022 By:  Roger L. Scott Workplace masking requirements have long been in place in California, with employees permitted to wear cloth or other masks of their choice ...

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