Manatt, Phelps & Phillips, LLP (JD Supra United States)

4262 results for Manatt, Phelps & Phillips, LLP (JD Supra United States)

  • Health Care Fraud in the Era of COVID-19

    As the race to vaccinate continues, state and federal enforcement agencies are hard at work investigating and prosecuting COVID-19-related health care fraud. As Acting Assistant Attorney General Nicholas L. McQuaid of the U.S. Department of Justice’s (DOJ) Criminal Division stated in March: “To anyone thinking of using the global pandemic as an opportunity to scam and steal from hardworking...

  • Treasury Issues Rules for $350 Billion Coronavirus State and Local Fiscal Recovery Funds

    The Big Picture - A key provision of the American Rescue Plan (ARP) is the establishment of the $350 billion Coronavirus State and Local Fiscal Recovery Funds (Fiscal Recovery Funds) for eligible state, local, territorial and Tribal governments (Recipients) to respond to the COVID-19 public health emergency (PHE).1 On May 10, the Department of the Treasury (Treasury) released a flurry of...

  • Invalidity Challenges May Star Simple Words–Reading of ‘Command Function’ Doomed Obviousness Dispute

    In Comcast Cable Communications, LLC v. Promptu Systems Corp., the Federal Circuit held that the plain meaning of the claim phrase “command function” was limited to functions that command an action to be taken. The meaning of this claim phrase turned out to be a focal point, and Comcast lost its invalidity challenge to the claims as a result of this interpretation.

  • Ninth Circuit Sends Statutory Employment Claims to Arbitration

    In a new decision, the U.S. Court of Appeals for the Ninth Circuit announced a standard for when an employee has waived her rights to judicial remedies—and sent the plaintiff’s employment dispute to arbitration.

  • COVID-Related Legislation in California

    In California legislative updates, Gov. Gavin Newsom signed SB 93 into law, requiring that hospitality industry employers offer workers laid off due to COVID-19 positions based on a preference system, while lawmakers continue to debate, in the form of AB 650, a retention bonus for health care workers.

  • SEC Awards $50M to Joint Whistleblowers

    The Securities and Exchange Commission (SEC) announced an award of more than $50 million to a pair of joint whistleblowers, adding to the highest awards the agency has doled out since the program began in 2012.

  • Federal Law Doesn’t Preempt AB 5, Ninth Circuit Rules

    In the latest chapter of the independent contractor or employee saga in California, the U.S. Court of Appeals for the Ninth Circuit, in California Trucking Ass’n v. Bonta, ruled that federal law doesn’t preempt AB 5, the state law codifying the “ABC test” established by the state’s highest court in the Dynamex Operations v. Superior Court decision.

  • Reopening CA: State Intends to Lift Most Restrictions on Businesses and for Vaccinated Californians

    Businesses can reopen and vaccinated Californians will be able to get back to an almost normal life when the state lifts its restrictions on economic activity June 15.

  • OCC Hits the Brakes on Crypto and Fintech: What Next?

    When Michael Hsu became acting U.S. Comptroller of the Currency earlier this month, banking industry experts predicted a shift away from the aggressive innovation pushed by fintech-friendly Brian Brooks, who resigned as the Biden administration prepared to take the reins. But nobody knew how quickly that shift would occur. The answer? Fast—very fast. We explain below some of the legal...

  • Emerging Best Practices for States to Address the Digital Divide

    Adoption of virtual care1 has skyrocketed during the COVID-19 pandemic; however, the “digital divide”—the gap between individuals who use or have access to telecommunications and information technologies and those who do not—poses a barrier for expanding patient access services. The digital divide encompasses three interrelated barriers: broadband access and affordability, technology device...

  • Governor Newsom Unveils Historic Spending Plan for Recovery, Rebuilding, Renewal and Resilience

    New Budget Based on Record Revenue Growth - Relying on a “once in a lifetime” surge of $65 billion or more in state revenues and an estimated $25 billion in new federal COVID-19 relief funds, Governor Gavin Newsom is proposing a revised state budget for FY 2021–22 that includes $40 billion more in spending than he put forward just four months ago when he first proposed a budget for 2021–22.

  • California COVID-19 News - May 2021

    Office of the Governor - California Roars Back: Governor Newsom Presents $100 Billion California Comeback Plan (05/14/2021) - The California Comeback Plan is the biggest economic recovery package in California’s history and will include...

  • L.A. City and County COVID-19 Weekly Update - CA Health and Government COVID-19 Guidance: Week in Review - May 2021

    L.A. County Continues Improvement on COVID-19 Metrics - Last week, L.A. County experienced continued improvement with its COVID-19 metrics. The County’s cumulative test positivity rate fell to 17%, lower than the typical average for 2020 and the region’s 19% peak in January 2021. In addition, the County reported the lowest daily test positivity rate to date, 0.5%, on Friday, May 14, 2021....

  • Mask Mandate to Be Lifted on June 15

    Responding to new mask-wearing guidance from the federal Centers for Disease Control and Prevention (CDC), the Newsom Administration announced on Monday, May 17, 2021, that Californians will not need to wear masks in most indoor and outdoor settings starting June 15. Governor Newsom has previously announced his intention to reopen the state’s economy on June 15 and appears to be set to include...

  • New York State Grant and Incentive Funding Opportunities Now Available

    2021 Consolidated Funding Application Process Now Open, Beginning the 11th Round of Regional Economic Development Council Initiative - On May 10, 2021, New York Governor Andrew Cuomo announced the 11th round of the Regional Economic Development Councils (REDC) initiative with the opening of the Consolidated Funding Application (CFA) process. All ten of New York State’s regions, as represented

  • New York HERO Act Establishes Minimum Workplace Safety Standards

    On May 5, Governor Cuomo signed into law the New York Health and Essential Rights Act, or NY HERO Act, which will require all workplaces to implement safety standards to prevent the further spread of coronavirus and other airborne diseases in the workplace and for certain employers to establish a joint labor-management workplace safety committee. The Governor’s approval was conditioned on a...

  • Major New York State Reopening Beginning on May 19, 2021

    Since the onset of the COVID-19 pandemic, New York Governor Andrew Cuomo has issued more than 100 executive orders that principally focused on restrictions related to public health and the economy.

  • Consumer Mortgages: Why the CFPB’s QM Rule Compliance Delay Isn’t Quite What It Seems

    As proposed back in March, the Consumer Financial Protection Bureau (CFPB or Bureau) has now formally delayed the mandatory compliance date for the new general qualified mortgage (QM) rule to October 1, 2022, effective June 30. In doing so, the CFPB asserts that the move will enhance credit opportunities for the underbanked and those still suffering from the effects of the COVID-19 pandemic....

  • Assessing the Fiscal Impact of Medicaid Expansion Following the American Rescue Plan Act of 2021

    Editor’s Note: In a recent issue brief for the Robert Wood Johnson Foundation’s State Health and Value Strategies program, summarized below, Manatt Health describes the provision in the American Rescue Plan Act of 2021 (ARP) providing an enhanced federal matching rate to new expansion states, assesses the provision’s fiscal impact for each state using publicly available data and identifies key...

  • California Insurance Enters Rugged 2021 Legislative and Regulatory Terrain

    California lawmakers proposing changes in the state’s insurance laws face their first significant hurdles in the next two weeks. These bills must be set, heard and passed by the Insurance Committee in their house by May 7 (or sooner) to meet house of origin deadlines or risk becoming a two-year bill—meaning the bill will not come up for consideration again until 2022. The California Department of

  • Lacking Injury, Florida Federal Court Remands TCPA Case to State

    Finding that a defendant failed to carry the burden to establish federal subject matter jurisdiction as the removing party, a U.S. district court in Florida granted a Telephone Consumer Protection Act (TCPA) plaintiff’s motion to remand her suit to state court. In doing so, the court issued a useful ruling concerning what is required to show injury in fact under Article III.

  • Adobe’s $1M TCPA Deal Results in $2,000 Payout for Class Members

    A California federal court signed off on a $1 million settlement agreement, putting an end to a class action filed against Adobe over calls that allegedly violated the Telephone Consumer Protection Act (TCPA) and yielding $2,000 payments for class members.

  • Correct TCPA Exemptions, Industry Group Asks FCC

    The recently added requirement of prior express written consent to exceed the cap on the number of non-telemarketing, prerecorded calls to customers should be reconsidered and removed, an industry group urged the Federal Communications Commission (FCC) in a new filing.

  • Recent FCC Orders Implementing the TRACED Act

    In 2019, Congress passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act—or TRACED Act (Act)—with the goal of complementing the now decades-old Telephone Consumer Protection Act (TCPA) to stem the tide of so-called illegal robocalls. The Federal Communications Commission (FCC), which is responsible for promulgating implementing regulations for both the TCPA and the new Act,...

  • HHS Renews COVID-19 Public Health Emergency Through July 19, 2021; Additional Renewals Are Expected

    On April 15, 2021, the U.S. Department of Health & Human Services (HHS) announced that the Public Health Emergency (PHE) declaration for COVID‑19 will be renewed for another 90 days, beginning on April 21 (the date the PHE was previously scheduled to expire) and extending through July 19, 2021. This renewal is consistent with the Administration’s announcement that the PHE will likely continue...

  • Why the Supreme Court’s Unanimous FTC Decision Changes Everything

    The Supreme Court has just made it significantly more difficult for the Federal Trade Commission (FTC) to obtain monetary relief in enforcement actions, terminating a practice the FTC has engaged in for decades to exact monetary recoveries. Unless and until Congress legislates a change, the FTC may no longer proceed directly to federal court under Section 13(b) of the FTC Act to do so, and,...

  • California COVID-19 News - CA Health and Government COVID-19 Guidance: Week in Review - April 2021 #2

    Office of the Governor - Western States Scientific Safety Review Workgroup Recommends Resuming Use of Johnson & Johnson Vaccine (04/24/2021) - The Western States Scientific Safety Review Workgroup completed its review of the Johnson & Johnson COVID-19 vaccine and has concluded that the vaccine is generally safe and effective, and that the resumption of its use is warranted once appropriate...

  • Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - April 2021

    New Federal Developments - New Item - On April 15th, the U.S. Department of Health & Human Services (HHS) announced the renewal of the Public Health Emergency (PHE). Activity - The COVID-19 PHE will be renewed for another 90 days, beginning on April 21 (the date the PHE was previously scheduled to expire) and extending through July 21, 2021. This update enumerates the key...

  • FTC Files First Case Under New COVID-19 Consumer Protection Act

    The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have filed the first case under the COVID-19 Consumer Protection Act, a law passed by Congress in December 2020 that imposes financial penalties on violators. The action alleged that a Missouri chiropractor and his company violated both the new law and the FTC Act by deceptively marketing vitamin D and zinc products to treat...

  • New FTC Staff Report Highlights Ongoing Efforts to Protect Consumers During the COVID-19 Pandemic

    The Federal Trade Commission (FTC or Commission) staff has issued a report highlighting the agency’s ongoing efforts to protect consumers during the COVID-19 pandemic. The report discusses challenges consumers face during the pandemic and details the Commission’s strategy to combat COVID-19-related fraud and other consumer issues using sophisticated targeting, aggressive law enforcement, and...

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