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Artificial Intelligence in the World of IP
Kochhar & Co. Advocates & Legal Consultants, February 2020

Artificial Intelligence (AI) in the world of Intellectual Property has raised some very interesting questions and debate. The patentability of AI related inventions, proprietary issues of inventorship and the lack of adequate regulations and standards have left some open-ended questions. AI related inventions generally use techniques like machine learning, deep learning and neural networks...

Law on Digital Transformation of the Administration
Carey, February 2020

On November 11, Law No. 21, 180 on Digital Transformation of the Administration was published. Its purpose is to initiate the process of digitalization and modernization of the administrative procedures followed before the Chilean Government administration bodies...

Financial Market Commission Publishes, for Public Consultation, New Regulations on Information Security and Cybersecurity for Financial Entities and Regulatory Capital Calculation for Bank
Carey, February 2020

Financial Market Commission publishes, for public consultation, new regulations on information security and cybersecurity for financial entities On November 25, 2019, the Financial Market Commission published, for public consultation purposes, a proposed amendment to its Updated Regulations Compendium (“URC”), by means of enacting a new Chapter 20-10, on “Information Security Management and Cybersecurity” (the “New Regulation”) The main characteristi

Updates to CEQA Technical Advisories on Disaster Response and Housing
Hanson Bridgett LLP, January 2020

The Governor's Office of Planning and Research (OPR) has recently issued two technical advisories with helpful California Environmental Quality Act (CEQA) guidance on two prominent California land use topics. The first advisory outlines potential CEQA exemptions for immediate-term disaster recovery, with the goal of helping communities and public agencies prepare their climate change adaptation and resilience strategies...

OCR Announces Recent Enforcement Actions and Settlements for Noncompliance with HIPAA Rules and Section 1557 of the Affordable Care Act
Dinsmore & Shohl LLP, January 2020

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced several enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. OCR Secures Voluntary Resolution with Hospital to Settle Provision of Auxiliary Aids and Services to Deaf or Hard-of-Hearing Individuals On Jan...

HHS Advises Health Care Entities Immediately Patch Operating System Vulnerabilities
Dinsmore & Shohl LLP, January 2020

On Jan. 15, 2019, the Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) shared a bulletin published by the Office of the Assistant Secretary for Preparedness and Response, Critical Infrastructure Protection Public-Private Partnership (ASPR CIP) regarding a number of vulnerabilities identified in Microsoft Windows operating systems, which if not addressed, pose significant a threat to the environment. On Jan...

DOJ False Claims Act Stats Show Growth in Recoveries in 2019, Continued High Level of Qui Tam Actions Filed
Dinsmore & Shohl LLP, January 2020

The U.S. Department of Justice (DOJ) recently announced that in Fiscal Year 2019 (FY2019),1 total settlements and judgments in False Claims Act (FCA) cases rebounded back over the $3 billion mark after dipping to $2.9 billion in FY2018. The Department’s annual statistical overview of FCA-related fraud actions2 showed nearly three-quarters of recovered funds, or $2...

Is Your Health Care Organization at Risk? Microsoft Ends Support for Windows 2007
Dinsmore & Shohl LLP, January 2020

On Jan. 14, 2020, Microsoft ended support for its Windows 2007 operating system. This means Microsoft will no longer issue regular security updates for users of Window 2007. The process of issuing security updates for computer systems is commonly referred to as “patching.” Similar to fabric patches that repair holes in clothing, software patches repair holes in computer programs...

Website Accessibility Lawsuits Continue to Trend Up
Hanson Bridgett LLP, January 2020

This article updates information published in "Is Your Online Business Accessible To Persons With Disabilities?" In 2018, practitioners scouring nationwide federal court records identified more than 2,250 lawsuits filed alleging website inaccessibility under Titles II and III of the Americans with Disabilities Act (ADA)1...

The New Regulation on the Procurement of Goods and Services in the State-Owned Enterprises Sector
Makarim & Taira S., January 2020

On 12 December 2019, the new Minister of State Owned Enterprises, Erick Thohir, issued new Ministry of State Owned Enterprises Regulation No. PER-08/MBU/12/2019 on General Guidelines on the Implementation by State Owned Enterprises of the Procurement of Goods and Services (“MSOE Reg 8/2019”), which came into force on 16 December 2019. This regulation replaces the previous regulation, MSOE Regulation No. PER-05/ MBU/2008 as amended by MSOE Regulation No...

IT Outsourcing by Banks and Insurers Facilitated by Revised Regulations
Walder Wyss Ltd., January 2020

On 1 January 2020 the Swiss Financial Market Supervisory Authority (FINMA) implemented various revised rules primarily targeting small banks (the so-called 'small banks regime'). Among other aspects, this will result in a relaxation of IT outsourcing requirements for financial institutions. In this respect, a revised FINMA Outsourcing Circular is available in English and German, French...

H-1B Visa Filing Season: New Registration Process Begins March 1
Dinsmore & Shohl LLP, January 2020

Why is H-1B Filing Season Important? This is the only time of year (with minor exceptions indicated below) U.S. Citizenship and Immigration Services (USCIS) accepts H-1B specialty worker petitions for the next fiscal year, which begins Oct. 1, 2020...

CMS Releases Bulletin Discussing Best Practices for Avoiding 340B Duplicate Discounts in Medicaid
Dinsmore & Shohl LLP, January 2020

On Jan. 8, 2020, the Centers for Medicare and Medicaid Services (CMS) published an informational bulletin titled “Best Practices for Avoiding 340B Duplicate Discounts in Medicaid.”[1] The bulletin outlines seven regulatory strategies State Medicaid agencies may consider when developing policies for preventing the occurrence of duplicate discounts in Medicaid Fee-for-Services (FFS) and Medicaid Managed Care Organization (MCO) programs...

A Proxy Season Guide to 2020
Dinsmore & Shohl LLP, January 2020

The 2019 proxy season marked a year of continued changing voting behavior. Though patterns and trends of the past season do not seem to indicate changes beyond marginal impact, the 2019 season can serve to set expectations for the 2020 proxy season...

New California Laws Could Bring Difficulties in Employment Arbitration
Dinsmore & Shohl LLP, January 2020

New California laws could make it more difficult for employers to enforce employment arbitration agreements and now prohibit “no rehire” language in settlement agreements involving employment disputes.  Arbitration Agreements The enforceability of employment arbitration agreements has long been under attack in California...

2020 Rings in Legislative Changes for California
Dinsmore & Shohl LLP, January 2020

With the New Year, California rings in a lot of legislative changes, including a new standard for evaluating independent contractor classifications.  Here is what you need to know: Independent Contractors Effective Jan. 1, 2020, Assembly Bill 5 (AB-5) became law in California by adding section 2750.3 to the Labor Code.  AB-5 is the legislative response to the California Supreme Court decision in Dynamex v...

Reading the Tea Leaves for 2020
TSMP Law Corporation, January 2020

Oh what a year it has been. 2019 has been a rollercoaster ride: Trump accelerates and then suddenly slams on the brakes on his tit-for-tat trade war with China. Hong Kong, hitherto the paradigm of pragmatism, lies smouldering as months of pro-democracy protests see no end. A Swedish girl (celebrating her 17th birthday just last Friday) becomes the unlikely face of environmentalism, shaming Boomers for doing nothing about climate change in front of the UN...

Paraguay: Anti-Laundering Legislation - Implications of Law 6.446 / 19
Vouga Abogados, January 2020

As part of Paraguay's commitment to the International Financial Action Task Force of Latin America (GAFILAT), in November 2019, the Executive Power enacted Law No. 6446 that creates a “General Directorate of People and Legal Structures and Final Beneficiaries ” Under the Ministry of Finance (hereinafter the Law), which will have the following functions:  Acting as the authority of application, replacing the Treasury Law, of Law No...

MSHA’s Fall Regulatory Agenda — 2019
Dinsmore & Shohl LLP, December 2019

In November 2019, the Trump administration issued unified agenda of regulatory and deregulatory actions. Within the United States Department of Labor, the Mine Safety and Health Administration (“MSHA”) issued six notices – two in the prerule stage, three in the proposed rule stage, and one in the final rule stage. All of these actions are discussed in further detail below...

Federal Council Considers Introduction of Cyber Incident Reporting Duty
Walder Wyss Ltd., December 2019

While many countries have introduced far-reaching obligations to report cyber incidents, Switzerland has not yet followed this lead. However, on 13 December 2019 the Federal Council adopted a report which considers key issues with regard to the introduction of a general reporting obligation for operators of critical infrastructure. The report also discusses possible implementation models. A decision is expected by the end of 2020...

Omnibus Draft Bills to be Submitted to the House of Representatives
Makarim & Taira S., December 2019

Following the discourse of the upcoming omnibus law, the government recently announced that it will submit omnibus draft bills on job creation (“Omnibus Law on Job Creation”) and taxation (“Omnibus Law on Taxation”) to the House of Representatives soon.Omnibus law has become an emerging issue ever since it was mentioned during the President’s inauguration speech on 20 October 2019...

"Sunshine Law Shining a Light on Governmental Hospital Transactions" Ken Marlow in The Governance Institute's Public Focus
Waller, December 2019

Governance and social factors play a significant role in determining a hospital’s openness to change and its ability to complete a business transaction, be that a merger, acquisition, or other strategic partnership. For government-owned hospitals, tension between the goals of government entities and the goals of a hospital’s board, in addition to added legal complexities, may result in failed or generally avoided transactions...

Federal Council Adopts Dispatch to Improve Legal Framework for Blockchain and DLT
Walder Wyss Ltd., December 2019

On 27 November 2019 the Federal Council adopted a dispatch message to improve the legal framework governing distributed ledger technologies (DLT) in Switzerland. The Federal Council's objective is to increase legal certainty, remove obstacles to DLT-based applications and limit the risk of abuse. Parliament will examine the dispatch message in early 2020. The government's press release is available in English, German, French and Italian...

CCPA: The 1st Major American Foray into Comprehensive Data Privacy Regulation
Dinsmore & Shohl LLP, December 2019

Data protection in the United States is about to undergo a major change, and everyone needs to be ready. The California Consumer Privacy Act (CCPA), signed into law June 28, 2018, enters into effect Jan. 1, 2020. It creates several new obligations for many United States-based businesses with regard to the collection, treatment, and sale of personal information...

Federal Bank Regulators Issue Guidance on Serving Hemp-Related Businesses
Dinsmore & Shohl LLP, December 2019

On Dec. 3, 2019, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), the Financial Crimes Enforcement Network (FinCEN) and the Office of the Comptroller of Currency (OCC) in conjunction with the Conference of State Bank Supervisors (CSBS) issued a joint statement entitled “Providing Financial Services to Customers Engaged in Hemp-Related Businesses...

 

 

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