Surrogacy Insurance Liens: The Costly Trend Impacting Parents-to-Be

Children are expensive. Moreover, expenses could mount dramatically when the parent-to-be needs to resort to surrogacy due to reasons like a medical condition or having a partner lacking the complementary reproductive capability. The cost of surrogacy could be especially heavy due to a rising phenomenon: Surrogacy insurance liens. The American medical insurance system is especially…

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California Employment Law Cases of 2023: Impact on Multinationals and Law Firms

In the realm of employment law, July 2023 has marked several important decisions by Californian courts. The following are summaries of key judgments, unpacking their implications for legal professionals working in multinational corporations and the foremost law firms. Kuciemba v. Victory Woodworks  Inc., 14 Cal. 4th 993 (2023): The details of the case remain undisclosed,…

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Liquidated Damages Debate: Navigating Uncertain Grounds in Construction Contracts

Recent years have witnessed an ongoing debate about the validity of capping general damages via contract provisions for liquidated damages. This discussion gained momentum with a couple of contradictory verdicts in the last two years – casting ambiguity on a common feature of construction contracts. The topic came to light as liquidated damages clauses frequently…

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CERCLA Case Examines US Government’s WWII Environmental Liability: Ramifications and Precedents

In a crucial interpretation of longstanding legislation, the United States Court of Appeals for the Sixth Circuit recently addressed the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) term “operator”, in a case headlined by MRP Properties Company, LLC v. United States. This examination brings into focus the role and responsibilities of…

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New Jersey Employers’ Responsibility in Preventing Heat-Related Illnesses under Workers’ Compensation Law

As the summer season is in full swing with record-breaking temperatures expected, employers in New Jersey are being urged to develop and implement measures to mitigate the risk of employees developing heat-related illnesses while working outside. These matters fall under New Jersey Workers’ Compensation Law, a critical area of focus for legal professionals serving corporations…

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Organizational Size a Key Determinant in Privacy Professional Salaries, IAPP Survey Reveals

As the demand for privacy professionals continues to surge, industry professionals and companies alike, are keen to understand where the highest-paying privacy jobs exist. According to a recent webinar highlighting research findings from the 2023 IAPP Privacy Professionals Salary Survey, organizational size appears to be a crucial factor in determining compensation for these roles. The…

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Institutional Investment Managers Face New Form N-PX Reporting Requirements on Executive Compensation Voting

In a critical update for institutional investment managers filing Form 13F under the Securities Exchange Act of 1934, a new requirement mandates that they will need to file their first Form N-PX as early as August 31, 2024. Engendered by Tannenbaum Helpern Syracuse & Hirschtritt LLP, this revelation reveals a significant progression in the regulatory…

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California Supreme Court Rules Employers Not Liable for Off-Duty COVID-19 Transmission

In a significant ruling, the California Supreme Court issued a unanimous decision in Kuciemba v. Victory Woodworks, Inc., No. S274191, 2023 WL 4360826 (Cal. July 6, 2023), directly affecting the responsibilities and potential liabilities of employers concerning the spread of COVID-19 among employees off the clock. The State’s highest court declared that employers are not…

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New Jersey Employers Face Penalties for Non-Compliance with Unemployment Benefit Protocols

New Jersey employers are now under increasing pressure, according to new amendments to the New Jersey Unemployment Compensation Act that came into effect on July 31, 2023. These changes highlight the growing seriousness of the consequences for employers who fail to issue Instructions For Claiming Unemployment Benefits, also known as Form BC-10, to separated employees….

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Exploring the Impact of Social Inflation on Escalating Nuclear Verdicts

Discussions around civil damage awards currently bring to the fore an intriguing concept behind a trend in growing verdict sizes – “social inflation”. This phrase has increasingly been mentioned in conversations around the persistent trend of escalating “nuclear verdicts”. It refers to a phenomenon where typical award levels have been consistently rising as society becomes…

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Healthcare Providers Gain Traction in No Surprises Act Litigation: Implications for Industry

The No Surprises Act (NSA) was enacted by Congress in 2020 with an intention to minimize surprising medical bills and to facilitate a swift and straightforward procedure for out-of-network healthcare providers to receive payment from insurers. Despite this, the U.S. Department of Health and Human Services (HHS) and other agencies created regulations to regulate this…

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Crucial Importance of Exclusion Screening in Healthcare Sector’s Legal Compliance

In the continually evolving environment of healthcare, there is a critical aspect rarely understood by even seasoned legal professionals – exclusion screening. Routine screening checks are compulsory in the healthcare sector. Still, the importance of exclusion screening trumps most compliance audits, especially concerning federally funded health care programs. The Office of the Inspector General (OIG)…

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Operationalizing Compliance: Integrating Compensation Structures and Corporate Adherence

Designing compensation to operationalize compliance continues to be a vital and strategic topic for legal professionals. The shift towards incorporating compensation systems into a company’s compliance program is evident, highlighting the importance of alignment between monetary incentives and adherence to corporate compliance. In a recent podcast episode, compliance expert Tom Fox discusses the perspective of…

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Navigating Clawback Policies in International Corporate Landscape: A Complex Regulatory Shift

In October 2022, the U.S. Securities and Exchange Commission (SEC) adopted Rule 10D-1, a measure that compelled national securities exchanges to establish listing standards. According to this rule, the listing of certain company security classes could be prohibited if the company did not adopt effective policies for the recovery of erroneously paid incentive-based executive compensation,…

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Balancing Privacy and Fraud Prevention: The Role of Surveillance in Workers’ Compensation Claims

In 1963, the Pennsylvania Supreme Court issued a ruling suggesting that an individual does not have an expectation of privacy when a private investigator follows and photographs them on the street once they have claimed personal injuries sustained in a car accident. The argument was that the claimant “must expect reasonable inquiry and investigation to…

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