Does your bank have a website? Unless your bank uses an abacus to tally deposits, the answer is probably yes. If so, do you know if your bank’s website complies with the Americans with Disabilities Act (“ADA”)? Did you even know that your website might be subject to scrutiny under the ADA? Let’s discuss ...
Speaking at the keynote address at the annual ABA White Collar event in Miami this week, Lisa Monaco, the Deputy Attorney General announced major changes to how the Biden Justice Department will approach corporate crime. These announcements will undoubtedly change the way the Department of Justice investigates and prosecutes those cases, and the way in which corporations and individuals who are the subject of those investigations respond ...
In early September, the Department of Justice issued additional guidance that the Commercial Litigation Branch can consider when settling cases for less than the full amount of the claim based on the defendant’s inability to pay. Under its statutory authority, the Civil Division has the ability to settle claims for less when an entity offers the maximum amount that it is able to pay and the federal government is acting as plaintiff ...
As the nation’s healthcare industry grapples with the impact of the first wave of COVID-19, many hospitals are facing fiscal pressure. This is particularly true for providers who fall into the following categories: Providers who are or were partially overwhelmed with COVID-19 patients, experienced shortages of PPE and significant staff stress, all of which tested systems and leadership like never before ...
The Equal Employment Opportunity Commission (EEOC) has issued guidelines to help employers avoid violating the Americans with Disabilities Act (ADA) as they scramble to address the impact of COVID-19 on their employees and businesses. The EEOC guidance is a reminder that employee privacy and health protections under the ADA continue to apply even in the midst of a global pandemic ...
On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) released long-anticipated updates to its guidance regarding COVID-19 vaccinations. In addition to clarifying the confidentiality requirements for vaccination information and guidelines for instituting vaccination incentive programs, the EEOC provided additional direction for employers implementing mandatory and employer-sponsored voluntary vaccination programs ...
In October 2017, the Eleventh Circuit Court of Appeals reversed a district court’s grant of summary judgement, finding that a college has potentially protectable rights that extend beyond the scope of its federal service mark registrations. Savannah College of Art & Design, Inc. v. Sportswear, Inc., No. 15-13830 (11th Cir. Oct. 3, 2017) ...
The threat that a company’s website violates the Americans with Disabilities Act (ADA) has diminished some thanks to the United States Court of Appeals for the Eleventh Circuit. Lawsuits have become increasingly common alleging that websites must be “accessible” to persons with visual disabilities, such as is required for “public accommodations” under the ADA – like Braille keypads at ATMs and wheelchair ramps at sidewalks ...
Last week, the Eleventh Circuit vacated its most recent opinion in the debt-collection caseHunstein v. Preferred Collection & Management Services, Inc., No. 19-14434 ...
IT IS TRUE that established energy corridors attract additional utilities. Power line corridors may represent an attractive route for natural gas transmission lines, just as established natural gas lines often seem to attract additional natural gas pipelines thereafter. Landowners along these corridors may feel beleaguered as additional utilities are installed across their properties ...
Employers are grappling with increasingly difficult decisions as COVID-19 changes our labor force and the ways we work in profound ways. Below are various benefits-related issues and solutions to consider, amidst a rapidly shifting legislative environment: 401(k) loans and hardship distributions:Most 401(k) plans allow in-service withdrawals in the event of financial hardship ...
As of March 19, 2020, the requirement to receive a certificate of need (CON) prior to increasing bed capacity has been temporarily suspended byTennessee Executive Order No. 15(the “Order”) ...
In the midst of the coronavirus outbreak, the Centers for Medicare & Medicaid Services (CMS) has taken steps to make healthcare services more accessible through telehealth, particularly for those who are at high-risk of complications from the virus. CMS and commercial payors have opened a viable path for healthcare providers to continue to provide care to high risk patients and other patients and receive reimbursement for services to current and new patients ...
Waller has created this FAQ to assist employers prepare to reopen their doors and return to “normal” operations. It is critical that businesses develop a reopening plan and communicate new expectations before employees return. There are many issues for businesses to consider when making a plan to reopen. Included below in FAQ format are questions/recommendations to consider in formulating a reopening plan that makes sense for your business ...
Late last month, the U.S. Drug Enforcement Administration (DEA) issued a final order placing FDA-approved drugs that contain cannabidiol (CBD) derived from cannabis and no more than 0.1 percent tetrahydrocannabinols in Schedule V of the Controlled Substances Act of 1970 (CSA). Schedule V of the CSA includes drugs such as Robitussin and Lyrica ...
On April 6, the Food and Drug Administration (FDA) issued five warning letters chastising companies for their unapproved products related to the novel coronavirus disease 2019 (COVID-19). Two days later, the FDA issued another four warning letters for similar reasons. Two of the five warning letters issued on April 6 were issued to companies in connection with their CBD products, and one of the warning letters issued on April 8 was issued to a CBD company as well ...
The Federal Deposit Insurance Corporation (“FDIC”) Advisory Committee of State Regulators (“Committee”) recently announced a new technology initiative designed to transition to real-time financial reporting and to modernize the collection of data ...
The Federal Reserve Board (“Fed”) recently issued an Advance Notice of Proposed Rulemaking (ANPR) inviting public comment on an approach to revise and modernize the regulations implementing the Community Reinvestment Act (CRA). Enacted in 1977, the CRA served as a landmark piece of legislation in the wake of the civil rights movement to address systemic inequities that inhibited access to credit markets for low- and moderate-income (LMI) communities and minorities ...
In order to facilitate lending to mid-sized businesses in the wake of COVID-19, the Fed instituted the Main Street New Loan Facility and the Main Street Expanded Loan Facility to provide financing to lenders that make direct loans to "main street" businesses ...
With the promise of low-interest or no-interest loans, and even the possibility of loan forgiveness, small businesses rocked by COVID-19 have recently turned to banks to apply for federally guaranteed funds. These funds are vital to many small businesses in order to help them stabilize their financial health during the widespread economic fallout from the pandemic. They are seeking these funds under the recently enacted CARES Act ...
The U.S. Department of Health and Human Services (HHS) just announced that Provider Relief Fund Program (PRF) recipients will now be required to submit reports regarding their use of these funds later than previously announced. The previous deadline was February 15, 2021. Currently, a specific new timeline was provided, but HHS is encouraging providers to register to receive updates ...
As Democrats and Republicans continue to negotiate the terms and conditions of a “Phase 3” COVID-19 bill, the implementation of a large-scale expansion of the Small Business Administration (“SBA”) Section 7(a) Loan Program appears to have widespread bipartisan support and should pass in some form in the next few days. The existing 7(a) Program currently operates to provide access to capital to small businesses that might not otherwise be eligible for bank loans ...
When it comes to digital coins or tokens, it’s best to approach with caution, ask plenty of questions and conduct extensive research before making an investment, warns the Commodity Futures Trading Commission (the “CFTC”) ...
