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New Teleworking Rules to Limit Further Spread of COVID-19
ALTIUS/Tiberghien, October 2020

Introduction On 16 October 2020 the government reinforced the urgent measures to limit the further spread of COVID-19. Teleworking is no longer highly recommended, but has become the standard for all employees whose roles allow for telework. Yet, the new rule is less far-reaching than that in place during the first lockdown in March 2020, as an exception now applies when the continuity of business operations, activities and services does not allow for teleworking...

New California Employment Laws for 2021
Hanson Bridgett LLP, October 2020

New year, new laws. That's right; it's time to prepare for the new year, which means being aware of the latest labor and employment laws that are sure to impact your organization. Most importantly, it's time to revise those handbooks to keep up with these changes. For an in-depth analysis of how each law might affect your organization, contact your Hanson Bridgett labor and employment lawyer and join us for our Annual Client Seminars in January...

The CDC Revises the Definition of Close Contact
Schwabe, Williamson & Wyatt, October 2020

On October 21, 2020, the Center for Disease Control (CDC) published a new guidance for use by contact tracers that clarifies what had been a somewhat fuzzy definition of “close contact.” The new definition increases the number of individuals presumed to have an exposure to COVID-19, and will significantly affect schools and workplaces since those presumptively exposed individuals will be asked to isolate for a period of 14 days...

OCIE RISK ALERT—Cybersecurity: Ransomware Alert
Dinsmore & Shohl LLP, October 2020

On July 10, 2020, the Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert highlighting the dangers of ransomware to SEC-registered entities, including investment advisers. The Risk Alert is a response to a marked uptick in both the prevalence and sophistication of ransomware attacks in recent months. Ransomware is a type of malware used by criminals to gain control of your or your firm’s confidential information and customer data...

What Employers Need to Know About The Families First Coronavirus Response Act - An Animation
Verrill, October 2020

Navigating the ins and outs of the Families First Coronavirus Response Act (FFCRA) can be difficult for employers. This animation seeks to illustrate some of the most important takeaways. Transcript (see animation below): Hi, I'm Tawny, a partner in Verrill's Labor & Employment Practice Group...

COVID-19 and Unprecedented: Litigation Insights, Issue 28
Spilman Thomas & Battle, PLLC, October 2020

This 28th edition of Unprecedented, our weekly update on COVID-19-related litigation, includes a number of updates on the mounting number of business interruption coverage disputes -- including a claim against a broker whose alleged failure to obtain infectious disease coverage left the insured without coverage for COVID-19-induced losses...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Buchalter COVID-19 Client Alert: New PPP Guidance Simplifies Forgiveness Application Process for Small PPP Loans of $50,000 or Less; Clarifies Lenders’ Responsibilities Regarding Review of Borrower Calculations and Documentation of Forgivable Eligible Costs for Such Small Loans
Buchalter, October 2020

On October 8, Treasury issued a new Interim Final Rule Re Additional Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules (new IFR), along with a new Loan Forgiveness Application Form 3508S and Instructions for the new Form, addressing applications for forgiveness of PPP loans of $50,000 or less.  Links to the new IFR, the new Form 3508S, and the new Instructions for Form 3508S are set out below...

Insurer Remedies for Fraudulent Claims
MinterEllisonRuddWatts, October 2020

In its recent decision in Taylor v Asteron Life Ltd,[1] the Court of Appeal discusses the fraudulent claims rule – the first time that this rule has been considered in any detail by an appellate court in New Zealand. The Court held that under this rule, a term is implied into every insurance contract, requiring the insured to act honestly when making a claim...

Court of Appeal Clarifies the Effect of Aggregation Clauses
MinterEllisonRuddWatts, October 2020

In Moore v IAG New Zealand Limited, the Court of Appeal provides helpful guidance on how aggregation clauses in insurance policies are to be interpreted and applied. Background This case concerned the plaintiff’s home, which was damaged in the February 2011 and June 2011 Christchurch earthquakes. Approximately $2.08 million of damage was caused by the February earthquake and $2.77 million of damage was caused by the June earthquake...

Regulatory Update: Progress on Financial Advice and Conduct Regimes Despite COVID-19 Delays
MinterEllisonRuddWatts, October 2020

In this article, we examine the progress of key regulatory changes for insurers and other financial institutions, and the further delays resulting from COVID-19. When New Zealand finished the first lockdown in May, regulators indicated that proposed law changes would be delayed due to COVID-19 but remained optimistic that progress could be made towards the end of this year. However, with the second lockdown for Auckland in August, further delays are expected...

Tribunal Requires Claimants to “Prove Their Case”
MinterEllisonRuddWatts, October 2020

In a recent decision, the Canterbury Earthquakes Insurance Tribunal has reiterated that claimants must substantiate their claims against insurers and other parties. The decision also underscores the Tribunal’s pragmatic approach in determining claims. The claim The Cowies’ company owned a property in Canterbury which allegedly suffered damage in the 4 September 2010 earthquake...

No Safe Haven for Contractors Misusing Confidential Information
MinterEllisonRuddWatts, October 2020

In a recent High Court decision, Haven Insurance Limited v Lombard [2020] NZHC 1248, several former contractors to insurance broker Haven Insurance Limited were held liable for misusing confidential information. Haven’s claim was, however, somewhat hampered by a failure to ensure that the relevant contractual arrangements were properly documented, serving as a reminder to ensure that arrangements are formalised...

Class Actions and Litigation Funding Project Revived
MinterEllisonRuddWatts, October 2020

The Law Commission will soon seek feedback in its Class Actions & Litigation Funding Review Project. This is an area of continued interest to the insurance market. The Law Commission’s review Class actions The Law Commission will first look at class actions: proceedings brought by or on behalf of a group of plaintiffs with the same interest. Unlike other jurisdictions, New Zealand does not have a comprehensive class actions regime...

Cyber Attacks and the Insurance Response
MinterEllisonRuddWatts, October 2020

New Zealand’s stock exchange, NZX, recently suffered cyber-attacks on six consecutive working days. The attacks left it unable to facilitate trading in shares, in its debt market, the Fonterra shareholders’ market and derivatives market, although participants remained able to conduct direct, negotiated trades. The NZX attack is typical of cyber-attacks against businesses which are becoming increasingly common...

The Privacy Act 2020: What Insurers Need to Know
MinterEllisonRuddWatts, October 2020

Businesses are operating in a world in which cyber threats are becoming more widespread (it is now a matter of when, not if) and individuals are increasingly prepared to act to protect their personal information or make claims if their privacy has been breached...

Court of Appeal upholds the High Court’s decision in Southern Response Earthquake Services Ltd v Dodds
MinterEllisonRuddWatts, October 2020

The Court of Appeal has upheld the High Court’s decision inSouthern Response v Dodds, which found that Southern Response induced the Dodds to settle their earthquake insurance claim by misrepresentations as to the cost to reinstate their home. This decision is significant for Southern Response insureds – many of whom settled their earthquake claims on abridged cost estimates provided to them by Southern Response...

Landmark UK Business Interruption Case
MinterEllisonRuddWatts, October 2020

In our previous edition of Cover to Cover, we discussed the various jurisdictions in which insurers’ approaches to business interruption cover following COVID-19 were being scrutinised. In the UK, the Financial Conduct Authority (FCA) initially worked together with insurance companies to aim to provide transparency and clarity in their existing policies for their insureds...

Excessive Processing of Employee Personal Information: A Warning to South African Employers
ENSafrica, October 2020

A recent decision in Germany has resulted in a hefty fine being imposed on an employer for violations of the European Union’s General Data Protection Regulations (“GDPR”). The decision is a strong warning to South African employers to not overprocess their employees’ information...

Alabama Law and Practice
Bradley Arant Boult Cummings LLP, October 2020

The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims. Bradley attorneys authored the Alabama and Tennessee chapters of the US Regional Employment 2020 featured below...

Tennessee Law and Practice
Bradley Arant Boult Cummings LLP, October 2020

The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims. Bradley attorneys authored the Alabama and Tennessee chapters of the US Regional Employment 2020 featured below...

Last Call to Implement Electronic Voting and/or Voting by Letter for Covid-Proof Social Elections
ALTIUS/Tiberghien, October 2020

 In principle, the decision to vote electronically should have been taken as early as February 2020, at a time when few had ever heard of Covid-19. Companies that did not do so at that time but, as a result of Covid-19, would like to do so now for security reasons or because their staff still (mostly) work from home, have been given the opportunity to still introduce electronic voting. However, they have to reach an agreement on this issue at the latest on day X + 56 (i.e...

COVID-19 FOMU for Employers: Fear of Messing Up
Bradley Arant Boult Cummings LLP, October 2020

Even in virus-free times, the world of labor laws and employment regulations is at best confusing to an employer, and at worst, overwhelming. Adding the stress of emergency paid sick leave, ever-evolving unemployment qualifications, and shelter-in-place orders is enough to make any boss’s head spin. Business owners want to keep their employees healthy and safe. They also want to operate in a way that at least garners enough income to keep the doors open...

Leasing Healthcare Employees? Don’t Overlook The Benefits Traps, Part III
Bradley Arant Boult Cummings LLP, October 2020

As noted in Part I and Part II of this series, benefits compliance concerns typically take a backseat to the many good reasons for healthcare organizations to provide or receive the services of leased employees. However, with sufficient awareness, these compliance issues, which often have surprisingly outsized risks, can generally be managed without disrupting the aims of the employee leasing arrangement...

 

 

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