Last week, 49 state attorneys general announced a $49.5 million settlement with Blackbaud, Inc. (Blackbaud) over the software company’s data-security practices and its response to a breach in 2020 that exposed the personal information of millions of individuals. Blackbaud provides software solutions to nonprofit organizations, including charities, schools and healthcare agencies, to help them connect with donors and manage data about their constituencies ...
Brian O'Shaughnessy is an intellectual property partner at Dinsmore and board chair of the Bayh-Dole Coalition. He wrote this article for InsideSources.com. The American inventor is under attack, and it’s coming from our government ...
Unlike in federal court, it is unclear in Florida state courts when the duty to preserve evidence arises. Ostensibly, under Florida law, there is no legal duty to preserve evidence until a discovery request is made. While there is no doubt that a party can be sanctioned for failing to preserve evidence after it has a duty to do so, several Florida courts have sanctioned parties for failing to preserve evidence even when there was no such duty under Florida law ...
On July 4, Board of Directors Resolution No. 00010-2020-OEFA/CD adopted the Regulation of the Electronic Box System of the Agency for Environmental Assessment and Enforcement (OEFA), regulating, among other aspects, the following: Mandatory use of the electronic box system to take notice of administrative acts and proceedings issued by the OEFA ...
On October 27, 2021, Board of Directors Resolution Nº 00019-2021-OEFA/CD was published in the Official Gazette "El Peruano", amending Articles 39 and 40 of the OEFA's Regulation of Administrative Measures (RMA), adopted by Board of Directors Resolution Nº 007-2015-OEFA/CD ...
In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product when the contractor proved the substitute 2″ thick roof deck was equivalent ...
Boards of education should be aware of some upcoming deadlines regarding new WV State Department Policy 3300 and the introduction of the possibility of charter schools in West Virginia. As you may recall, new WV Code Sections 18-5G-1 through 18-5G-12 establish the process by which West Virginia will consider public charter schools. The Code Sections limit the number of new schools to three until July 1, 2023 ...
As a new wave of book banning appears to be to be sweeping the nation, public school libraries are relying on a 1982 plurality opinion for guidance and coming up with more questions than answers ...
On November 27, 2020, mainland China and the Hong Kong Special Administrative Region (“HKSAR”) signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the “Supplemental Arrangement”) ...
Kindly note that Decree No. 221, of the Ministry of the Interior and Public Security, was published today, extending the validity of Supreme Decree No. 102, of 2020, of the Ministry of the Interior and Public Security, which provides for the temporary closure of places authorized for the entry and exit of foreigners, due to public health emergency of international importance given the outbreak of the new Coronavirus (2019-NCOV) , until September 30, 2021 ...
With increasing numbers campaigning for Britain to leave the EU, ever closer union is looking ever more uncertain. Opinion about the positive and negative aspects of Britain remaining within the EU is diverse. Whatever decision is made, companies need to be prepared for the potential outcomes. This article looks at the likely impact of the referendum (whatever its outcome) and provides some positive steps for companies to take ...
California’s cannabis-related businesses will face a dual battle in complying with Proposition 65 requiring businesses to warn the public about cancer-causing chemicals present in products they purchase, writes Buchalter’s Anne Marie Ellis. Businesses are going to have to change their labeling and packaging to list marijuana smoke as a reproductive toxicant and cancer causing agent ...
It's that time of year again – CLE Compliance season! With the impact of COVID-19, we know many of our clients have found it challenging to meet their annual CLE requirements. Bradley is pleased to offer you a complimentary, online CLE addressing key topics with thought-leading speakers from inside and outside of Bradley. This CLE program includes 1 ethics hour and 2 general hours ...
The Brazilian Secretariat of Foreign Trade, of the Ministry of Economy, published Notice nº 32/2021, initiating public consultations on the negotiations of Free Trade Agreements between Mercosur and Vietnam and Mercosur and Indonesia ...
On November 25, 2020, the Brazilian Senate approved Bill of Law No 4,458/2020 ("BL 4458"), which amends Law No 11,101/2005 ("BBL"), to update the legislation regarding the judicial reorganization, pre-packaged reorganization and bankruptcy liquidation of businessmen and companies. BL 4458, which provisions have already been approved by the House of Representatives, will now be sanctioned by the President ...
The second HIPAA settlement of 2021 is the first traditional enforcement action of the year. And, it’s a big one. Traditionally, OCR enforcement has been triggered by breaches. In 2020, however, we saw a significant increase in a sub-set of Privacy Rule enforcement arising out of the U.S. Department of Health and Human Services’ Office for Civil Rights’ (OCR) patient “Right of Access” initiative ...
The Construction Industry Payment and Adjudication Act 2012 (“Act”) was introduced to address cash flow issues affecting contractors in the construction industry as a result of delays and/or lengthy periods of payment under construction contracts. Under the Act, an unpaid party [1] is entitled to initiate an adjudication proceeding in order to claim any amounts due and/or owing to them under a construction contract ...
The Court of Session has considered whether court proceedings can be raised to interrupt time bar, despite a contractual provision requiring adjudication before litigation. The issue Construction contracts often provide a hierarchy of dispute resolution processes. Before a party is permitted to litigate (or arbitrate), it is often required to attempt to resolve the dispute through another method (or methods) of dispute resolution ...
Breaking Tax News - IRS Extends April 15 Payment and Filing Due Date For Gift Taxes Because of COVID-19 Emergency 03/29/2020 Authored by: Jennifer R. Lan,John M. Collins,Jamie L. Carter,J. Mitchell Miller The IRS issued Notice 2020-20 on March 27, 2020, thereby superseding certain provisions of Notice 2020-18 related to filing and paying gift taxes (see our prior coverage here) ...
In a highly anticipated decision, the U.S. Supreme Court held Title VII of the federal Civil Rights Act protects LGBTQ employees from being fired because of their sexual orientation or gender identity. The opinion, released on June 15, 2020, was a consolidation of three federal appellate court decisions—Bostock v. Clayton County; Altitude Express v. Zarda; and R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission ...
On 23 April 2020, the Municipal Court in Prague issued a judgment upholding the petition for annulment of certain measures of the Ministry of Health issued in connection with the COVID-19 pandemic. With effect from 27 April 2020, the Court annulled two extraordinary measures of the Ministry of Health of 17 April 2020 and 26 March 2020 on the restriction of retail sales and two extraordinary measures of the Ministry of Health of 15 April 2020 and 23 3 ...
Background The UK referendum held on 23 June 2016 has resulted in a majority voting in favour of the UK leaving the EU. As of now the UK is still a part of the EU notwithstanding the vote on 23 June. It is now up to the UK parliament to decide if, and if so when, to formally start the process to leave the EU. The exit of a member state from the EU is dealt with in Article 50 of the Treaty on European Union (TEU) which has only existed since 1 December 2009 ...
Earlier this year, Prime Minister Theresa May said the government wanted to, “secure broad energy cooperation with the EU”, including by, “exploring options for the UK’s continued participation in the EU’s internal energy market” ...
Brexit and other developments such as the Schrems 2.0 judgment have had and will have a significant impact on, in particular, data protection laws that apply and how businesses transfer their data internationally. What does the EU-UK Trade and Cooperation Agreement say? Data protection is not dealt with in much detail in the Trade Agreement, although it includes a ‘temporary bridge’ mechanism for the free flow of personal data from the EU/EEA to the UK ...
After 44 years as a member, the United Kingdom (UK) is now officially on the path to leave the European Union (EU). Article 50 On 29 March 2017, the UK triggered Article 50 of the Treaty on European Union by notifying the European Council of its intention to withdraw from the EU. This followed the referendum held in June 2016, where a majority of UK voters opted to leave the EU ...
