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Significant amendments to Carriage of Goods by Sea Act
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, In July 2021 the Carriage of Goods by Sea (Amendment) Act (2020) (the "Amendment Act") and its supplementary Carriage of Goods by Sea (Amendment of First Schedule) Order 2021 (the "Order") officially came into force. The Amendment Act and the Order brought into effect the long-awaited changes to the Carriage of Goods by Sea Act 1950 (the "Principal Act"), which has been in force since 23 May 1950...

New Law Requires Certification of Medical Directors in Skilled Nursing Facilities and Imposes New Reporting Requirements
Hanson Bridgett LLP, October 2021

Key Points Skilled nursing facilities must ensure their medical directors are certified within five years of the date of hire or by January 1, 2027, for medical directors already working in a SNF SNFs must report medical director certification status to CDPH by June 30, 2022 SNFs must report medical director changes to CDPH within 10 days of the change Effective January 1, 2022, a skilled nursing facility (SNF) will be prohibited from contracting with a medical director unless

Opaque Price Transparency Requirements for Payors and Providers
Dinsmore & Shohl LLP, October 2021

The only thing crystal clear about health care price transparency requirements at the moment is that the government will continue implementing new price transparency laws, regulations, and rules...

Three Ways the Pandemic is Impacting Litigation Costs
Schwabe, Williamson & Wyatt, October 2021

Twenty months in, Covid-19 continues to demand that we exercise flexibility and adaptation as it identifies winners and losers. The pandemic has had a significant impact on the practice of law and businesses that are involved in, or contemplating, litigation. Those who have been involved in litigation know that it can be expensive in “normal” times. Here are three ways the pandemic has impacted the costs associated with litigation. Time to trial...

Whistleblowing in the COVID Era - Confidentiality
Shoosmiths LLP, October 2021

In our fourth article on whistleblowing claims we focus on the need, in sensitive situations where concerns of serious (and perhaps even criminal) wrongdoing are raised, for the complaint to be dealt with confidentially and/or anonymously where possible...

Brown Act in a Time of Pandemic: the Governor Vetoes AB 339
Hanson Bridgett LLP, October 2021

Key Points Governor Newsom vetoed AB 339. AB 361 will continue to operate as currently construed. On October 7, 2021, Governor Newsom vetoed Assembly Bill (AB) 339 (Lee), a bill aimed at addressing Brown Act teleconferencing requirements for large public entities. AB 339 sought to add special rules for meetings of city councils or county board of supervisors that govern jurisdictions containing at least 250,000 people...

Class Deviations
Schwabe, Williamson & Wyatt, October 2021

The Department of Defense (DoD) and the Civilian Agency Acquisition Council (CAAC) have both issued new Class Deviations from the FARs that implement Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (i.e., the federal contractor vaccine mandate)...

HIPAA Compliance Guidelines for Remote Workers
Buchalter, October 2021

October 6, 2021 By: Jennifer Guerrero While a remote work environment can provide many benefits to all of the parties involved, it also can present significant challenges for organizations that need to remain Healthcare Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH) compliant...

New regulations related to Covid-19 come into force in Chile
Carey, October 2021

Due to the non-renewal of the constitutional state of exception of catastrophe, the health authority modified the Covid-19 regulations. The main changes are mentioned below: A. STEP-BY-STEP PLAN MODIFICATION On October 1st 2021, Exempt Resolution No. 994 was published in the Official Gazette, which regulates and establishes a new version of the “Step-by-Step Plan”...

Shearn Delamore & Co. Legal Updates September 2021 (2)
Shearn Delamore & Co., October 2021

Financial Services Malaysia Overnight Rate as Alternative Reference Rate Bank Negara Malaysia (“BNM”) announced on 24 September that the Malaysia Overnight Rate (“MYOR”) is an alternative reference rate for Malaysia. The MYOR: will be administered and calculated by BNM as the volume-weighted average rate of unsecured overnight Ringgit interbank transactions, including BNM’s overnight monetary operations (excluding Standing Facilities)...

Temporary measures to be introduced to tackle worker shortages
Shoosmiths LLP, October 2021

The government has announced a series of measures to tackle ongoing shortages of heavy goods vehicle (HGV) drivers and poultry workers in the UK. This includes relaxing immigration rules to offer over 10,000 temporary visas in the run up to Christmas. Brexit, the Coronavirus pandemic, tax changes and additional factors such as an ageing workforce have all contributed to a shortage of food processing workers and HGV drivers in the United Kingdom...

How to apply for a UK spouse or partner visa from the USA
Shepherd and Wedderburn LLP, October 2021

  On Monday the White House announced that the COVID-19 travel restrictions imposed on passengers from the UK and most of the EU would be eased, allowing fully vaccinated passengers to enter the country from early November. This will be welcomed by families that have been kept apart as a result of the ban first imposed by President Trump 18 months ago. The UK moved to end similar restrictions on US travellers in July, and both sides of the pond are once again open for business...

How does the Information Commissioner’s Office determine the level of fine?
Shepherd and Wedderburn LLP, October 2021

  In October 2020 the Information Commissioner’s Office (the “ICO”) announced that it was issuing a Penalty Notice to British Airways (“BA”), imposing a financial penalty of £20 million following a data breach that resulted in hackers obtaining the personal data of 400,000 BA customers. This was a significant reduction from the ICO’s original intention to issue a fine of £183 million...

End of the Coronavirus Job Retention Scheme – considerations for employers
Shepherd and Wedderburn LLP, October 2021

Covering employee wages since 1 March 2020, the Coronavirus Job Retention Scheme ("furlough") is set to end on 30 September 2021, with a deadline for final claims to be made by 14 October 2021. Employers still using the scheme should be engaging with employees about its end, and may now need to make some tough decisions that have been postponed while furlough continued...

Can we vaccinate? Yes, we can.
MinterEllisonRuddWatts, October 2021

COVID-19 vaccinations are now on the list of topics to avoid at dinner parties (which are still virtual for those of us in Auckland). Globally, we have seen COVID-19 vaccinations create mixed emotions around civic responsibilities and bodily autonomy, and spark protests in breach of many “stay at home” orders...

Federal Courts Make 2 Basic Errors In Virus Coverage Rulings, Law360
Hunton Andrews Kurth LLP, September 2021

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Cart before the Horse: Claimant Must Prove Condition Pre-existed Injury before Substantial Aggravation Can be Established
Dinsmore & Shohl LLP, September 2021

It seems logical that when a claimant requests that a claim be amended to include an additional condition based upon a theory of substantial aggravation, the easiest element to prove would be that the condition pre-existed the date of injury. Recently, in Houlihan v. Hamilton County, 2021-Ohio-3087, the Ohio First District Court of Appeals found that a claimant must prove a condition existed at the time of the injury before they can establish a substantial aggravation...

Summary of New Guidance on COVID-19 Vaccine Mandate
Schwabe, Williamson & Wyatt, September 2021

Summary On September 9, 2021, President Biden issued his Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Executive Order”) that, when implemented, will require most federal contractors to comply with all guidance for federal contractor and subcontractor workplace locations published by the Safer Federal Workforce Task Force (see www.saferfederalworkforce.gov)...

Employment essentials explained – Disability & Long COVID
Shoosmiths LLP, September 2021

As many of us continue to work from home and/or have opportunities for travel and meeting up restricted, we are continuing to run our essential webinar series for employers to ensure that our clients and contacts remain up to date and equipped to deal with all eventualities! Our latest seminar focused on disability and Long COVID...

Approval of the guide for technology transfer of pharmaceutical production processes
Carey, September 2021

The National Drug Agency Department of the Institute of Public Health, through exempt resolution No. 01746 of September 6, 2021, approved a guide to provide guidelines regarding the technological transfer of pharmaceutical production processes, necessary to obtain the authorization of a new manufacturer of a medicament, maintaining the previously authorized one...

Singapore and the pandemic
Simonsen Vogt Wiig AS, September 2021

In January 2020 the first signs of Covid-19 were of a commercial nature. Business activity related to China – which is a large part of the maritime industry in Asia – started slowing down considerably. Projects experienced delays, new ventures were postponed and a general slowdown could be felt throughout the maritime business world. As February and March came around, the first Covid-19 cases started being reported in Singapore...

HRSA Refers Six Drug Manufacturers to OIG for Possible 340B-Related Civil Penalties
Dinsmore & Shohl LLP, September 2021

On Sept. 22, 2021, the U.S. Health Resources and Services Administration (HRSA) publicly referred six matters involving drug manufacturers to the United States Department of Health and Human Services (HHS) Office of Inspector General (OIG) for possible imposition of civil monetary penalties (CMPs)...

CMS Announces Rescission of Mid-Build Exception Audit Determinations
Dinsmore & Shohl LLP, September 2021

Recently, the Centers for Medicare & Medicaid Services (CMS) announced it is rescinding the audit determinations for providers notified in January 2021 that had failed to qualify for the “mid-build” exception. CMS took this action due to questions raised by these providers regarding the audit process...

United States to Replace COVID-19 Travel Bans with Vaccine and Negative Test Requirements in Early November
Dinsmore & Shohl LLP, September 2021

The White House announced on Monday, Sept. 20, 2021, that in early November of this year, it intends to end the COVID-19 travel bans imposed in 2020 and replace them with vaccination and COVID-19 testing requirements for almost all travelers...

Telehealth Providers Must Beware Of Fraud, Criminal and Civil Liability As Industry Grows
Dinsmore & Shohl LLP, September 2021

Law360 published an article this week by Dinsmore health care attorney LaTawnda Moore about an ongoing scheme made possible by the increasing prevalence of telehealth during the COVID-19 pandemic. This scheme is putting telehealth executives and health care providers at risk of criminal and civil liability. An excerpt is below. The telehealth executives pay health care providers for prescriptions...

 

 

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