Governor Cuomo signed the Stop Hacks and Improve Electronic Data Act (SHIELD) on July 25, 2019, providing stronger protections for New Yorkers by imposing strict cybersecurity requirements on all companies, broadening the Attorney General’s oversight over data breaches, and expanding data breach notification requirements.
In North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, Case No. 18-457, 588 U.S. __ (2019), the Supreme Court held that states may not impose a tax on trust income based solely on the residency of an in-state beneficiary.
Nevada is one of nine states to have “legalized” recreational marijuana use and one of 33 states to have “legalized” medical marijuana (marijuana use for any purpose remains illegal under federal law).
The new regulations (published June 13, 2019) preserve preceding exceptions from the ACA prohibition on annual dollar limits and create two more: (1) an excepted benefit HRA and (2) an individual coverage HRA.
Oregon recently enacted the Workplace Protection Act (WPA) to restrict the use of nondisclosure agreements in circumstances alleging employment discrimination and mandating the employers adopt written anti-discrimination policies.
Texas House Bill 4390 tightens the notification requirements related to a breach of sensitive personal information, requires notification to the Texas Attorney General in certain breaches, and creates an advisory council related to privacy issues.
On May 30, 2019, JPMorgan Chase agreed to pay $5 million to settle a class action lawsuit brought by male employees who requested paternity leave under company policy and were granted less leave than their female counterparts.
Ohio’s health care industry will soon take on significant new obligations with respect to the management of hazardous pharmaceutical waste, pursuant to a federal rule being implemented by Ohio Environmental Protection Agency (EPA).
Earlier this month, New Jersey joined a growing list of states which require companies to provide notification under their respective data breach laws where non-traditional personal informational is compromised.
On May 17, 2019, the White House issued a Presidential Proclamation on imports of passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans, and cargo vans) and light trucks and certain automobile parts (engines and engine parts, transmissions and powertrain parts, and electrical components).
As expected, the Supreme Court has just resolved a circuit split over the statute of limitations for non-intervened False Claims Act cases by maximizing the time a relator has to file a complaint. The decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315 (May 13, 2019) will greatly expand a defendant’s time frame for potential FCA liability and lead to more cases involving faded recollections, costly document recovery, and potential damages for decades-old alleged fraud.
On April 30, 2019, the U.S. Department of Health and Human Services (HHS) published a notification of enforcement discretion in the Federal Register revising the maximum annual penalty amounts for breaches under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).