EU-US Data Transfer Challenges Persist Despite New Privacy Framework Adoption

Uncertainty continues to cast a shadow over data transfers between the European Union and the United States. A newly adopted framework aimed at facilitating these exchanges has sparked discussions about its legal soundness. On 20th September 2023, the European Commission published its Adequacy Decision for US companies, certified under the Data Privacy Framework (DPF), as…

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California Employers Face New Furlough Regulations: Ninth Circuit Ruling Implications

The state of California has recently found itself at the center of a crucial development in employment law concerning wage and hour regulations. In particular, attention has been drawn to the recent Ninth Circuit decision, which puts forth new requirements anchoring California employers that elect to furlough or temporarily lay off employees without providing them…

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New Jersey DEP Implements Green Guidance for Contaminated Site Remediation

The New Jersey Department of Environmental Protection (DEP), via its Contaminated Site Remediation and Redevelopment (CSRR) program, has released new administrative advice designed to formally promote the utilization of green and sustainable remediation (GSR) methods at contaminated sites across the state, a development highlighted in a recent JDSupra article. The DEP asserts that adapting GSR…

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Driving Value and Efficiency: How CLM and ELM Solutions Empower Legal Departments

In-house counsels grapple with an assortment of challenges in the corporate legal department. Among numerous variables that influence how legal departments align with businesses, one significant factor that can add enormous value lies in modifying business operations to incorporate digital technologies. Implementing such changes can propel efficiency, streamline collaboration, expedite delivery, and enhance outputs. Above…

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Pixel Technologies in Healthcare: Balancing Digital Strategies with HIPAA and FTC Regulations

The health care sector’s increasing adoption of pixel technologies has raised concerns among both regulators and the plaintiffs’ class action bar. This digital strategy, used for tracking user activities on mobile apps and websites, is under intense scrutiny to ensure it aligns with the Health Insurance Portability and Accountability Act (HIPAA) and Federal Trade Commission…

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Global Impact and Challenges of ISSB’s 2023 Sustainability Disclosure Standards

The International Sustainability Standards Board (ISSB) took significant steps in shaping the future of global sustainability reporting in 2023. Two major Sustainability Disclosure Standards were published by the ISSB in June, aiming to establish a global baseline for such reporting standards. By September 2023, it was evident that the impact of these standards was becoming…

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California Law Firm Battles Trademark Infringement Over “Luchador” Moniker

Recently, a California-based personal injury law firm, which holds the trademark registration for 1-800-LUCHADOR, initiated a lawsuit against a competitor. The firm alleges that the competitor is using ‘luchador’ as a part of its own name, an apparent infringement on the aforementioned trademark. This development unfolds despite the U.S. Patent and Trademark Office’s rejection of…

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California Leads the Charge: Rethinking Noncompetition Agreements Nationwide

California’s legislation on noncompetition and non-solicitation agreements has long viewed with a pro-employee-mobility lens, often being touted as the most stringent in the country. For many years, it has been the practice in California to prohibit noncompetition and non-solicitation agreements post-employment. The California Supreme Court didn’t shy away from clarifying its stand in 2008, noting…

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Quebec Privacy Regulator Issues New Guidance on Personal Information Protection Law

The Quebec privacy regulator has recently published new guidance. This update follows the modifications made on September 22, 2023, to Quebec laws concerning the protection of personal information in both public and private sectors. This change was implemented due to the adoption of Bill 25, a law that modernizes legislative provisions regarding personal information protection…

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EEOC’s Proposed Enforcement Guidance: A Landmark Shift in Workplace Harassment Prevention

On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) issued its much-awaited Proposed Enforcement Guidance on Harassment in the Workplace, marking the first time since 1999 that the agency has updated its guidelines on the topic. The recommendations from EEOC, expected to go through the usual rule-making process, will hold a significant influence on…

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SEC Crackdown on Marketing Rule Violations Brings Heightened Scrutiny to Investment Advisers

The Securities and Exchange Commission (SEC) recently made a sweeping move in law enforcement by announcing charges against nine registered investment advisers. The advisers, going forward referred to as the “Advisers,” have been accused of violating marketing rules by advertising hypothetical performance to the general public on their respected websites. This form of advertising was…

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20th Annual National Cybersecurity Awareness Month: Fostering a Proactive Digital Defense Culture

Created to generate awareness around secure online practices, this October welcomes the landmark 20th edition of the National Cybersecurity Awareness Month (NCAM). Led with the vision to ensure every user of technology, from individuals to large corporates, is guarded against potential digital threats. The significance of robust cybersecurity systems and the adoption of robust measures…

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Unveiling the 2023 Regional Whistleblowing Report: Transforming Global Compliance Strategies

In an unprecedented move to create transparency and develop standard global measures for whistleblowing programs, NAVEX is about to launch the 2023 Regional Whistleblowing Report. This endeavor is not just another report – it uncovers regional analytical insights from the world’s largest employee incident database. With the growing focus on corporate governance and ethics, whistleblowing…

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New York Proposes Comprehensive Regulations for Pharmacy Benefit Managers

The New York Department of Financial Services recently proposed comprehensive regulations aimed at establishing stringent operating rules for Pharmacy Benefit Managers (PBMs) in the state. Superintendent of Financial Services, Adrienne A. Harris, outlined these proposed regulations which, if implemented, would enforce strong protections for both consumers and small businesses. The proposed regulations are inclusive of…

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Navigating eDiscovery Challenges in the Age of Chat-Based Collaboration

Part two of this series on overcoming eDiscovery-related chat data challenges discusses what to consider before an investigation begins. This post, written by experts in eDiscovery, offers advice on matters to reflect upon before an investigation commences. Those who procure chat software should, in particular, consider the ease of compliance. The COVID-19 pandemic has noticeably…

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Biden Administration Proposes Stringent Cybersecurity Rules for Government Contractors

In a bid to bolster the nation’s cybersecurity infrastructure, the Federal Acquisition Regulatory Council (FAR Council) has proposed two significant cybersecurity rules. These new guidelines are an integral part of implementing key sections of President Biden’s May 2021 Executive Order No. 14028 on bolstering the nation’s cybersecurity. The introduction of rule FAR Case No. 2021-0017…

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Miami-Dade County’s Holistic Overhaul of Procurement Procedures: A Shift Towards Modernization and Efficiency

Over the recent years, Miami-Dade County has initiated a transformation of its procurement procedures under the leadership of a new administration and Board of County Commissioners. This ongoing modernization initiative is aimed at enhancing efficiency and expediting the overall completion timelines for County procurements. In an era where modernization is often synonymous with technology adoption,…

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SEC Unveils New Cybersecurity Protocols for Public Company Registrants: A Step Towards Increased Transparency

In a move aimed at increasing transparency, the Securities and Exchange Commission (SEC) introduced new cybersecurity protocols on July 26, 2023, as reported on JD Supra. This action impacts public company registrants registered with the SEC, including insurance companies with two major stipulations. The first major impact of this is that registrants must disclose material…

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Florida’s Modified Comparative Negligence System: Implications for Truck Accident Liability and Compensation

In the ongoing discourse about liability and compensation in truck accident cases, Florida has captured the attention of the legal community. The state recently adopted a system known as “modified comparative negligence” – a noteworthy shift that has not gone unnoticed. Historically, like most other states, a victim in Florida could receive compensation even if…

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EEOC Imposes UEI Requirements: Federal Contractors Must Adapt for Compliance and Competition

It’s time to double-check your documentation, contractors, and ensure you have your Unique Entity ID (UEI). The Equal Employment Opportunity Commission (EEOC) has instigated some significant modifications to the EEO-1 Report, most notably requiring federal contractors to provide their UEI. This serves as a twelve-character alphanumeric identification, assigned to contractors via the federal government’s System…

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AI in Employment Decision-Making: Legal Challenges Amid Operational Transformation

The ever-increasing adoption of artificial intelligence (AI) in workplaces is unarguably changing the employment landscape. A significant number of multinational corporations and global law firms are integrating AI technologies into every stage of the employment lifecycle. This extends from recruitment activities to the point of separation from the company. An article published on JD Supra…

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