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  • Analyzing the 2020 Wisconsin Data Privacy Act

    Keypoint: The Wisconsin Data Privacy Act would create CCPA and GDPR-like rights for Wisconsin residents and would strengthen Wisconsin’s data security and breach notification requirements. Lawmakers in Wisconsin have proposed three bills that, if enacted, would create privacy rights for Wisconsin residents and compliance burdens for entities that process or control consumer data. All three bills..

  • BIS Sets Date for 2020 Export Controls Update Conference

    The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has announced that its 33rd Annual Conference on Export Controls will take place in Washington, D.C. from June 29 to July 1, 2020.  The conference attracts attendees from various sectors to learn about and discuss relevant export control issues.  The Annual Conference will be...

  • A Scientific Update: Ovarian Cancer and “Tainted Talc”

    On the heels of Johnson & Johnson’s latest defense verdict in a talc ovarian cancer case in St. Louis City in December 2019 – the fourth consecutive verdict in its favor – comes another study that supports Johnson & Johnson’s long held position. Published in the Journal of the American Medical Association, the article entitled Association...

  • Post-Turnover Declarant Rights? Think Again…This One has a Happy Ending for the HOA

    Declarant/Developers of Community Associations love to reserve themselves rights within the Declaration that extend far beyond their Declarant control powers.  This is nothing new.  But when a Homeowners Association puts it foot down, who will end up on top?  It depends on how all the sections in the Declaration read together, and as this case...

  • See You in Austin for 2020 SXSW

    Spring is rapidly approaching which means SXSW 2020 is right around the corner! Husch Blackwell’s healthcare team is most excited about the Health & Medtech track which brings together innovators, entrepreneurs and investors in the healthcare and technology space. Members of the team will be participating in the various sessions and events that are occurring...

  • Hospital Sued for Requiring Older Doctors to Undergo Medical Screenings

    A teaching hospital in Connecticut affiliated with Yale Medical School is facing age and disability discrimination allegations after imposing mandatory medical testing for doctors 70 and older who seek medical staff privileges.  The U.S. Equal Employment Opportunity Commission (“EEOC”) has filed suit against Yale New Haven Hospital, claiming that subjecting older physicians to medical testing...

  • USTR Announces Increase in Section 301 Tariffs for New Airplanes and Aircraft, Minor Changes for Other Goods

    On February 14, 2020, the Office of the U.S. Trade Representative (USTR) announced that it had completed its review of the current Section 301 tariffs due to the ongoing Large Civil Aircraft dispute with the European Union (EU).  As previously reported, various European goods (including aircraft, certain textiles and wearing apparel, hardware, cheeses, and other...

  • NLRB Denies Collective Bargaining Rights to Adjunct Faculty at Religious University

    Husch Blackwell issued a client legal alert regarding the U.S. Court of Appeals for the D.C. Circuit’s decision in Duquesne University of the Holy Spirit v. NLRB, which resulted in the denial of collective bargaining rights to adjunct faculty members employed by Duquesne University, a religious university. In summary, the court held that the National Labor...

  • Summary of 2019 Verdicts Over Johnson & Johnson Talcum Powder

    New Jersey based pharmaceutical, medical and consumer goods giant Johnson & Johnson has found itself at the center of national litigation conversation over the last few years due to explosive verdicts rendered against it over allegations that its talcum powder causes ovarian cancer and asbestos-related respiratory illnesses. In 2016 and 2017, Johnson & Johnson saw four...

  • Washington Privacy Act Passes State Senate

    As it did last year, the Washington state senate has overwhelmingly passed comprehensive consumer privacy legislation. The legislation, entitled the Washington Privacy Act (WPA), passed the state senate on February 14, 2020, by a vote of 46-1. The legislation will now move to the state house of representatives where it failed last year. A copy...

  • Section 232 Derivative Product Duties – Time Sensitive Litigation Update

    Why importers of steel and aluminum derivative products should consider challenging the administration’s imposition of additional Section 232 duties: The processes followed by the administration in implementing additional Section 232 tariffs on steel and aluminum products not originally included in the Section 232 duties are procedurally flawed. The institution of additional duties on products...

  • Trump Budget Removes Medical Marijuana Protections

     President Trump is back at it again with his most recent inconsistent stance on marijuana.  “As part of his recently released fiscal year 2021 budget plan, Trump proposed ending an existing policy that protects state medical marijuana programs from Justice Department interference in addition to a provision that would continue to prohibit the District of Columbia from...

  • Doing Things Wrong can be VERY Costly, Which is Why Using an Experienced Association Attorney Matters

    Summary Each owner of a lot in a planned community with multiple subdivisions was required to be a member of the master association – Holly Lake Ranch Association (HLRA).  Some of the owners voted to amend their particular subdivision’s respective deed restrictions.  The effect of which was to add a voting requirement for assessments, mandatory...

  • Webinar: Analyzing the AG’s Modified Proposed CCPA Regulations

    On Friday, February 7, 2020, the California Attorney General’s office published modified proposed CCPA regulations. Members of Husch Blackwell’s privacy and data security practice group will host a webinar on Wednesday, February 12, from 12:00-1:00 p.m. CT, to analyze the modified proposed regulations. Click here to register.

  • Coronavirus is not for everyone: What should employers do?

    As cable news hysteria continues to spread far faster than the novel coronavirus itself, government agencies are issuing alerts, and many employers are wondering what – if anything – they should be doing to protect their workers. What should your company do? First, here’s the relatively good news. To quote OSHA, “There is no evidence...

  • CCPA Update: AG’s Office Publishes Modified Proposed Regulations

    Keypoint: The modified proposed regulations make substantial changes to the proposed regulations, including modifying how consumer notices must be drafted and changing some of the requirements for receiving and responding to consumer requests. On Friday, February 7, 2020, the California Attorney General’s office published a notice of modifications to the text of the proposed regulations...

  • Breaking Down TPEs: Facts and Strategies

    In this “Hospice Insights: The Law and Beyond” episode, the hospice team shares insights on how to manage and succeed in responding to additional documentation requests (“ADR”) stemming from Targeted Probe and Educate (“TPEs”) projects. We discuss the unique features of TPE and winning strategies for responding. Check out the Hospice Resource Library for tips and tools...

  • Owners are Liable for Assessments, Even When Corporate Formalities Not Perfectly Followed

    Summary Declarant owned nine of 10 units, controlled the board and association, failed to have an association bank account, intermingled the assessments that were paid into his business account, never held elections or annual meetings and kept no separate corporate records.  Yet, the Court held that these failures could not be used as an excuse...

  • Ag-Gag Law Update

    We have blogged, most recently on January 3, 2020, about the status of so-called “ag-gag” laws.  These laws are designed to prevent undercover scrutiny of agricultural operations to uncover cruelty to animals, food safety violations, or other malfeasance.  For the most part, courts have struck down these laws as infringing on the First Amendment. On...

  • Commerce Modifies Countervailing Duty Regulations to Address Currency Undervaluation

    The Commerce Department issued its final rule amending the countervailing duty regulations to address potential currency undervaluation.  This revision to Commerce’s regulations will take effect in 60 days and will apply to all new investigations and administrative reviews that begin on or after April 6, 2020.  The new rules would effectively clear the way for...

  • 2020 Hindsight

    With fatalities at record lows, how can MSHA take a different approach to safety in 2019? In the recent Rock Products magazine, I considered MSHA’s traditional approach to its role as regulator and offered some thoughts on new directions in the year ahead. Any reduction in fatalities and injuries is good news. But, we can all...

  • Meatless Meat Update

    On October 15, 2019, we blogged about the District Court’s decision to deny Tofurky a preliminary injunction against Missouri’s meatless meat statute. The statute itself purports to ban as misleading the use of words such as “meat” or “sausage” or “burger” to describe plant- or lab-based food products. It does not contain a safe harbor...

  • Upcoming webinar: The Limits of Online Training for OSHA Compliance

    Want to explore how far you can go with online OSHA training? We’re excited to announce that we’re working with SitePro and NIP Group to host a webinar on February 20th, 2020 at 2pm ET / 11 am PT entitled The Limits of Online Training for OSHA Compliance. Over the last 30 years, digital tools have become...

  • USTR Announces New Section 301 Product Exclusions

    On January 31, 2020, the United States Trade Representative (“USTR”) issued another round of product exclusions pertaining to the 25% Section 301 List 3 Tariffs.  The new list of exclusions includes 52 specifically crafted product descriptions that cover 117 separate exclusion requests.  To view the full list of excluded products, click here.  According to the USTR,...

  • Meet Husch Blackwell at Infocast Wind

    Come meet the Husch Blackwell Renewable Energy team at the Infocast Wind Power Finance & Investment Summit in San Diego from February 4-6.  John Crossley will be moderating a panel on Thursday, 11:45 am – 12:30 pm, titled Where Is the Sponsor Equity Market Headed? Also appearing on the panel are: Brian Callaway, VP, M&A...

  • Certain Firearms, Ammunition and Accessories To Undergo Export Regulation Update

    On Thursday, January 23, 2020, the U.S. Department of State – Directorate of Defense Trade Controls (“DDTC”) and U.S. Commerce Department – Bureau of Industry and Security (“BIS”) published new coordinated final rules which will take effect on Monday, March 9, 2020.  On that date, the DDTC rule will remove specifically identified firearms, ammunition, accessories...

  • Trump Administration Announces 25% Tariffs on Finished Steel Products and 10% Tariffs on Aluminum Products

    In a surprise announcement after hours on Friday January 24, 2020, the White House announced that it plans to impose an additional 25 percent tariff on some steel articles and 10 percent on some aluminum articles starting February 8, 2020 under Section 232 of the Trade Expansion Act of 1962.  A proclamation issued by the...

  • Thrilled to Announce the Launch of Hospice Insights: The Law and Beyond

    We are thrilled both to welcome four new hospice attorneys to Husch Blackwell and for the launch of their new podcast “Hospice Insights: The Law and Beyond.” In this first episode, Meg Pekarske, Bryan Nowicki,  Erin Burns and Andrew Brenton discuss the exciting opportunities resulting from their move to Husch Blackwell. The episode is available...

  • Analyzing the 2020 Maryland Right to Opt Out of Third-Party Disclosures Act

    Keypoint: Maryland lawmakers have introduced a bill that would allow Maryland residents to opt-out of certain types of personal information transfers but that would stop far short of creating CCPA-like rights for Maryland residents. On January 17, 2020, Maryland House Delegates Courtney Watson and Ned Carey introduced HB0249. If enacted in its current form, the...

  • Three Louisiana Juries Award Significant Verdicts in Asbestos Exposure Cases

    Recently, three asbestos cases, Lege, Chabaud, and Gaddy, have produced significant verdicts in Louisiana. Interestingly, Chabaud, a case of disputed asbestosis, produced the largest reported award for an asbestos personal injury claim in Louisiana history. Below is a brief summary of each of these matters. Lege On October 14, 2019 an Orleans Parish jury awarded...

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