July 20, 2018 - Indirect Auto Lending Anti-Discrimination Regulation Meets the Congressional Review Act

With the stroke of a pen, President Trump nullified the 2013 informal guidance on ?Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act? (Guidance) issued by the Consumer Financial Protection Bureau (CFPB or Bureau)?now preferring to be known as the Bureau of Consumer Financial Protection?when he signed into ...

July 17, 2018 - The New EU Data Privacy Rule and Its Impact on US Healthcare Organizations

The General Data Protection Regulation (“GDPR”) establishes protections for the privacy and security of personal data about individuals in the European Economic Area countries (all European Union member states, Norway, Iceland and Liechtenstein ? referred to for purposes of the GDPR as the “EU”). The GDPR became effective on May ...

July 13, 2018 - Environmental insurance: What to consider before buying

Before investing in commercial real estate, parties should be aware of potential environmental liabilities and should carefully consider options for minimizing their exposure to such liabilities. One approach for minimizing environmental liability exposure is to obtain environmental insurance. Although environmental insurance does not eliminate the statutory liability of owners and ...

July 11, 2018 - Untimely Notice of Controversy or Pre-Hearing Conference Statement Why Carriers Should Not Give Up Hope on a Disallowance

Where a carrier has elected to controvert a claim, the Workers? Compensation Law in New York sets forth a strict timeframe for filing a denial and initial pleadings. Section 25(2)(b) provides that once a claim has been indexed against an employer, the carrier must file a notice of controversy with ...

July 9, 2018 - Why Should Nursing Homes Care About Senior-to-Senior Bullying

The word ?bully? often brings to mind schoolyard quarrels and adolescent cliques but, unfortunately, bullying has no age limit. While not a new issue, some recent publications have sought to raise public awareness of bullying in nursing homes. As senior-to-senior bullying becomes a more familiar topic, providers? efforts to prevent ...

July 6, 2018 - FTC Applies Antitrust Non-Profit Exemption to Physician Organization Affiliate of Non-Profit Hospital

Many North Carolina hospital systems have separate business corporations or limited liability companies to house the physician component of their integrated health care delivery systems. Hospitals may take this step for any number of reasons, including protecting the hospital from potential liability, avoiding the need to pay unrelated business income ...

July 4, 2018 - Is This The End of the End of Life Option Act

A flurry of rulings during the last two weeks of May has generated enormous confusion regarding the status of California’s two-year-old End of Life Option Act (“EOLOA”), the law that allows a terminally ill adult with a six-month prognosis to obtain aid-in-dying drugs from a physician, subject to numerous safeguards. ...

July 3, 2018 - The different types of agreement on the exchange of personal data

Many people think each exchange of personal data requires a processor?s agreement to be entered into. In a previous blog I have already explained that this is not the case. What arrangements must then be put in place? In this blog I will be investigating this issue further. Different forms ...

July 2, 2018 - Emerging Contaminants: Property Owners and Licensed Environmental Professionals Take Notice

The United States Environmental Protection Agency (USEPA) and individual states are examing per-and polyfluoroalkyl substances (PFAS) in an attempt to establish new cleanup standards, which will affect both ongoing and previously completed cleanups at contaminated sites. In order to communicate these efforts, the USEPA prepared the attached presentation. Owners and ...

June 29, 2018 - More Technology, More Headaches for Employers

Technology is great. I can use my smartphone to change a million TV channels without getting up (of course, there?s still nothing to watch until Game of Thrones returns). Employers, too, are reaping the benefits of technology for the most routine areas of employee and facilities management ? including timekeeping ...

June 28, 2018 - Facebook page administrator also (partly) responsible for observing privacy law

On 5 June 2018, the Court of Justice of the European Union gave an important ruling on the interpretation of privacy law. The reason for the ruling was a question about Facebook pages, but the judgment is actually relevant for all parties who process personal data. In particular the balanced ...

June 27, 2018 - What Public Agencies Need to Know About GDPR

We?ve been getting lots of questions from public agencies about the General Data Protection Regulation?known as GDPR. GDPR is a new European Union privacy law that governs the processing of personal data about people residing in Europe. It just went into effect on May 25. Personal data is anything that ...

June 26, 2018 - The European Court of Justice (ECJ): An administrator of a Facebook fan page is jointly responsible with Facebook for processing the visitors personal data

The decision of The ECJ of 5 June 2018 is expected to have far-reaching significance for companies that have a fan page on Facebook (the company?s webpage on Facebook), where the company promotes themselves. The decision statues that companies which administrate a Facebook fan page, potentially can be imposed with ...

June 25, 2018 - Advertisements must state the correct product composition

There are many advertisements for consumer products. Not only about price, but also about composition. If the composition of a product is advertised this must be sufficiently precise, so states a recent decision of the Dutch Advertising Code Committee (RCC). Article | 18 June 2018 | Joost Becker The legal ...

June 25, 2018 - Your Data Was Stolen, But Not Your Identity (Yet)

Cyberattack victims can sue data custodians despite not suffering actual identity theft. In determining the plaintiff?s standing, a growing majority of circuit courts now turn to the nature of stolen data to determine whether the victims experience a ?substantial risk? of identity theft. The U.S. Court of Appeals for the ...

June 22, 2018 - Real Estate

The Real Estate Group of TELFA joins forces to provide advice and services on all aspects of Real Estate Law in the jurisdictions of its members. Lawyers in the Real Estate Group aim to provide their services as a team to handle international projects and of course do provide specialized ...

June 22, 2018 - Ethics Probate Process Start to Finish

In the course of probating an estate, the attorney for the estate will come in contact with many different parties. The attorney?s duty to those parties is complicated. There is no single source of law that governs the conduct of the attorney and sometimes the law is not particularly helpful. ...

June 21, 2018 - PSD2: Dutch implementation act postponed

New and innovative payment services will have to wait a little longer. The Dutch implementation of the Payment Service Directive (PSD2) continues to be postponed. The implementation deadline of 13 January 2018 was not met. Dutch newcomers to the payment market are in danger of missing the boat. What is ...

June 20, 2018 - OCC FinTech Charter Status Update

On April 30, 2018, the United States District Court for the District of Columbia dismissed a lawsuit filed one year earlier by the Conference of State Bank Supervisors (CSBS) disputing the authority of the Office of the Comptroller of the Currency (OCC) to proceed with a plan to issue special ...

June 18, 2018 - The Importance of Dotting is and Crossing ts in the Post-Accident Investigation

A new leader of a client once asked me, ?Lew, what can we do to help you do your job better?? Great question! Potentially scary answer; what do you tell the new guy? After a few moments, I came up with that as a transportation company, the client was great; ...

June 15, 2018 - Can Employees Voluntarily Work During FMLA Leave

Last month, the United States Court of Appeals for the Fifth Circuit issued an opinion that provides a helpful reminder about the extent to which an employer may ask an employee to work during a leave taken under the Family Medical Leave Act (FMLA). In D?Onofrio v. Vacation Publications, Inc., ...

June 14, 2018 - The U.S Supreme Courts Ruling on Arbitration Clauses

On May 21, 2018, the U.S. Supreme Court ruled that arbitration agreements between employees and their employers requiring individual arbitration must be enforced, giving employers the green light to require employees to enter into contracts waiving their class and collective action rights in addition to their right to bring employment ...

June 13, 2018 - PCI DSS Version 3.2.1 Released: What You Need to Know

On May 17, 2018, the Purchase Card Industry Security Standards Council (PCI SSC) released version 3.2.1 of its PCI Data Security Standard (PCI DSS). Founded in 2004 by Visa, MasterCard, Discover, and American Express, the PCI SSC produces the ?best practices? for enhancing the security of payment card and cash ...

June 12, 2018 - U.S. Supreme Court Holds That Class Action Waivers Do Not Violate The NLRA

On May 21, 2018, the United States Supreme Court issued its 5-4 decision in Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; and NLRB v. Murphy Oil USA, Inc., No. 16-307 holding that an employer may require its employees to sign a dispute ...

June 11, 2018 - EPA Seeks Overhaul of Ozone NAAQS

EPA Administrator Scott Pruitt issued a memorandum on May 9th that directs the agency?s staff to begin a five-year review of the National Ambient Air Quality Standards (NAAQS) for Ozone. The Clean Air Act (CAA) requires EPA to periodically review the NAAQS, including both primary and secondary standards, for criteria ...