Husch Blackwell LLP (LexBlog United States)

3360 results for Husch Blackwell LLP (LexBlog United States)

  • Federal Privacy Bill Voted Out of House Subcommittee

    Keypoint: A revised version of the American Data Privacy and Protection Act was formally introduced in the House and voted out of a subcommittee. As we previously reported, on June 3, 2022, a bipartisan and bicameral group of lawmakers released a discussion draft of a comprehensive data privacy bill called the American Data Privacy and...

  • Direct Pay: A Conversation with Shannon Maher Bañaga, Spokesperson, The Partnership for Clean Energy Investment

    Direct pay proposals contained in the proposed Build Back Better Act promise to establish a system that would allow renewable energy developers to elect to receive ITC and PTC tax credits as a refundable credit. This would allow developers, who, under the current system, usually cannot efficiently utilize the non-refundable ITC and PTC credits due...

  • U.S. Supreme Court Hands California Employers a Huge Win: Under the Federal Arbitration Act, Arbitration Agreements with Class Action Waivers Require Arbitration of PAGA Claims

    In a landmark 8-1 ruling, the U.S. Supreme Court, in Viking River Cruises, Inc. v. Moriana (No. 20-1573, June 15, 2022), provided California employers with much needed relief from the onslaught of wage-hour claims brought under the California Labor Code Private Attorneys General Act of 2004, Cal. Labor Code sections 2698 et seq. (the “PAGA”). ...

  • Decoding Legalese of Value-Based Contracts

    As the health care industry shifts from fee-for-service to value-based arrangements, providers are facing a lot of challenges. A provider’s relationship with payers is often strained by the new business model, and a provider’s ability to collaborate with payers has never been more important. On this episode of Value-Based Care Insights, host Daniel J. Marino...

  • Husch Blackwell Submits Comments on Colorado Privacy Act Pre-Rulemaking

    Keypoint: The comments focus on identifying areas in which the Attorney General’s Office may provide additional clarity to consumers and businesses and to ensure, where appropriate, the interoperability of the Colorado Privacy Act with state and international privacy laws. The Colorado Attorney General’s Office is currently accepting pre-rulemaking input on the Colorado Privacy Act (CPA)....

  • How a reservation of rights can affect the outcome of a dispute on a government contract

    Contractors and contracting officers are often asked to make tough decisions about issues that arise in the course of a complex government contract. Decisions that change the scope of work, the schedule, or the cost of the work must be documented so that the work can proceed. In a perfect world, the parties would execute...

  • Understanding MSHA Litigation and Saving Costs

    The average mine operator now spends over $20,000 per year on citations and penalties. In this must-attend conference – Alternative Case Resolution Initiative (ACRI) – learn how to reduce or eliminate fines with the added benefit of improved safety conditions. Within the context of increasing citations, this workshop will prepare you to handle Mine Safety...

  • Hair Discrimination – Does Your “Professional Dress and Hygiene” Policy Make the Cut?

    While many employers maintain “Professional Dress and Hygiene” policies in their Employee Handbooks – or as stand-alone policies – managers, supervisors, and human resources personnel are rarely trained on how to implement those policies. The common result is, unfortunately, that these policies are applied unfairly or more strictly toward Black and other racially diverse employees....

  • SCOTUS Nixes Forced Arbitration Clause in Southwest Employment Contract of Cargo Ramp Supervisor

    In a unanimous 8-0 decision, in Southwest Airlines Co. v. Saxon, the U.S. Supreme Court (Court) held that airline cargo ramp supervisors that assist with loading and unloading cargo constitute a class of workers engaged in foreign or interstate commerce and are exempt under the from the scope of the Federal Arbitration Agreement (FAA). Justice...

  • Judges, Be the Gatekeepers 702 Needs you to Be

    The Advisory Committee on Civil Rules of Federal Judicial Conference recently approved several amendments to Fed. R. Evid. 702 intended to quash lackadaisical and flaccid Daubert gatekeeping. Below is the amended text of the rule, with deletions in brackets and italics, and additions underlined and bolded: Rule 702.  Testimony by expert witnesses. A witness who...

  • Recent SIGAR Reports Highlight Ongoing Oversight Role

    Although the United States military’s role in Afghanistan effectively ended in August 2021, the Government’s fraud watchdog for operations in Afghanistan, the Special Inspector General for Afghanistan Recovery (“SIGAR”), continues to have an active supervisory and oversight role. Notably, on April 30, 2022, SIGAR published is most recent quarterly report to Congress (the “Quarterly Report”)....

  • CBP Releases Uyghur Forced Labor Prevention Act (UFLPA) Guidance for Importers

    On June 13th, Customs and Border Protection (“CBP”) released its Operational Guidance For Importers to prepare companies for the Uyghur Forced Labor Prevention Act (“UFLPA”). UFLPA enforcement is set to take effect June 21st and will apply a rebuttable presumption standard to imports tied in whole or in part to the Xinjiang Uyghur Autonomous Region...

  • Required Notice Posting for Employers of Frontline Workers in Minnesota

    A new COVID-related bonus from the State of Minnesota is coming “to thank those Minnesotans who worked on the frontlines during the COVID-19 peacetime emergency.”  Certain employers who employed frontline workers in Minnesota have affirmative, required steps to take to make their employees aware of the opportunity. The Frontline Worker Pay law requires that employers...

  • Public Utility Commission Requests Unredacted Emergency Operations Plans From All Applicable Entities by June 24, 2022

    On June 8, 2022, the Public Utility Commission of Texas (“Commission”) filed a memo from its Infrastructure Division requesting that electric utilities, power generation companies, municipally owned utilities, and electric cooperatives (“Entities”) operating outside of the Electric Reliability Council of Texas (“ERCOT”) provide to Commission Staff unredacted copies of their Emergency Operations...

  • Colorado Cracks Down on Restrictive Covenants

    As anticipated, Governor Polis signed into law last week Colorado’s new limitations on restrictive covenants, which includes noncompetition, nonsolicitation, and confidentiality covenants.  Our Colorado employment team has already issued a legal alert that provides detail about the bill.  FAQs:  Colorado Further Limits Restrictive Covenants. Colorado employers need to pay attention to this law. ...

  • A Year Out: Renewable Energy Developer and Investor Compliance with the Texas Lone Star Infrastructure Protection Act

    It has been almost a year since Texas’ Lone Star Infrastructure Protection Act (“LIPA”) was signed into law by Governor Abbott on June 18, 2021, and took effect. In the past year, we have seen developers, tax investors, and purchasers of renewable energy projects alike address compliance with LIPA in varied ways. In this post,...

  • MSHA Announces New Silica Enforcement Initiative

    MSHA has announced a new enforcement initiative regarding overexposure to respirable crystalline silica. The silica enforcement initiative is intended “to take immediate action to reduce the risks the silica exposure.” The initiative will include: Spot inspections at coal and metal nonmetal mines with a history of repeated silica overexposures to closely monitor and evaluate health...

  • AbilityOne Program Nonprofit Agencies Have Standing To Challenge Federal Agency Procurements That Violate Mandatory Provisions Of The JWOD Act

    In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently ruled in SEKRI, Inc. v. U.S., No. 21-1936 (May 13, 2022), that a non-profit agency that was the sole mandatory source for a specific piece of military kit had standing to file a bid protest over a solicitation even...

  • General jurisdiction by consent continues to divide as the Supreme Court takes on Mallory.

    Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021 (Pa. Dec. 22, 2021) may be one of the most cited decisions in Pennsylvania state courts these days, as defendants file an array of motions seeking dismissal of their clients for lack of personal jurisdiction in cases where the only...

  • Politico’s Bombshell Article on the CDC and COVID Requirements: Five Takeaways For Health Care Leaders

    On May 30, 2022, Politico published an article with the headline:  America’s Hospital Regulator Wasn’t Designed for a Pandemic.”  The crux of the article: “[T]he Centers for Medicare and Medicaid Services is ill-equipped to enforce its rules.”  This matters for hospitals and other healthcare facilities still grappling with masks and vaccines. Five interesting takeaways from...

  • Federal Government Hoping to Increase Placement of Renewable Energy Projects on Public Land

    In order to keep pace with the federal government’s ambitious goal of permitting the production of at least twenty-five (25) gigawatts of renewable energy through projects placed on public land by 2025, the Department of the Interior (the “DOI”) recently announced several policy changes to ensure developing renewable projects on public land is attractive and...

  • FDA Issues Warning Letters to Companies Whose Products Are Intended for Use with Food-Producing Animals

    On May 26, 2022, the U.S. Food and Drug Administration (FDA) issued Warning Letters to four companies[1] concerning the illegal sale of unapproved animal drugs containing cannabidiol (CBD) intended for use in food-producing animals. These Warning Letters demonstrate the first time the FDA chose to focus on marketing CBD-containing products for use in food-producing animals,...

  • Texas Supreme Court Water Law Verdict Highlights Lack of TCEQ Authority Over Water Rights

    The Texas Supreme Court (“TXSC”) recently confirmed what many already know: the Texas Commission on Environmental Quality (“TCEQ”) has only administrative authority related to water rights in Texas. This means that water rights ownership disputes must utilize Texas courts to adjudicate water rights ownership. In 2014, the Papes purchased a tract of land containing 1,086...

  • May 2022 Trade Law Update

    In Husch Blackwell’s May 2022 Trade Law Update you’ll learn about the following updates in international trade and supply chain law: An update on U.S. Department of Commerce decisions U.S. International Trade Commission – Section 701/731 proceedings Customs and Border Protection case summaries Summary of decisions from the Court of International Trade May export controls and...

  • Bipartisan U.S. Federal Privacy Bill Circulated

    Keypoint: The chances for the United States to finally enact a federal privacy bill appear to have increased with the circulation of a bipartisan discussion draft although its chances for passage are far from clear. On Friday, June 3, House and Senate leaders released a bipartisan discussion draft of a comprehensive data privacy bill called...

  • Husch Blackwell Grows Rankings in 2022 Edition of Chambers USA

    We are pleased to share that the 2022 Chambers USA guide published and the Healthcare team achieved outstanding results. We earned Band 1 recognition in Missouri and Texas, and Band 2 Nationwide! Our healthcare lawyers ranked across practice areas include: Corporate M&A Kirstin Salzman Healthcare Illinois: Pat Coffey Missouri: Sarah Hellmann, Cori Turner, Harvey Tettlebaum...

  • Conditioning Payment on Continued Employment: Texas Supreme Court Rules Company Owed Fired Executive Commissions

    Predictability and fairness are typical pillars of employment law. Where predictability allows both employers and workers to understand and navigate the rules and regulations that are applicable to them, fairness provides a constant level of security to all parties. Recently, the Texas Supreme Court used an unpredictable procedure to reach what it calls a “rule...

  • Webinar: Analyzing the CPRA Draft Regulations

    On May 27, 2022, the California Privacy Protection Agency issued draft regulations in connection with a Board meeting scheduled for June 8, 2022. On June 9, 2022, members of Husch Blackwell’s data privacy team will host a webinar to analyze the draft regulations and how they will impact your CPRA compliance efforts. During the webinar,...

  • Set Asides Will Now Apply to Overseas Procurements

    On April 26, 2022, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the FAR to include overseas contracts as part of agency small business contracting goals. This would allow small business contracting procedures to apply to overseas procurements. Prior to this rule, FAR 19.000(b) explicitly stated that small business programs did...

  • If Only All Asbestos Cases Were Pending in New York… Nemeth v. Brenntag North America

    New York’s Court of Appeals recently reversed a $16,500,000 asbestos jury verdict in a case brought by decedent Florence Nemeth and her husband, who alleged that Mrs. Nemeth’s cancer was caused by her use of Desert Flower Talcum Powder. In Nemeth v. Brenntag North America, et al., 2022 WL 1217464 (Ct. App. NY Apr. 26,...

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