December 13, 2021

December 11, 2021

December 10, 2021

FEATURED ARTICLES

Amazon Seller Otterbox Infringement Claims Continue in Court

First Sale Doctrine Fails to Free Unauthorized Online Retailer from Infringement Claims

by: Mary Kate Brennan

Margaret A. Esquenet

Many brands consider gray market goods sold on Amazon a perennial problem. In Otter Products, LLC, et al. v. Triplenet Pricing, Inc.,... Read More >

You can’t ask me whether I’m vaccinated – HIPAA!

Managing Potential Employee Non-Compliance with COVID-19 Requirements

by: Anthony J. Steffek

Even before the Biden Administration promulgated its now-in-legal-limbo vaccination/testing mandates, the COVID-19 pandemic had brought health-... Read More >

California Prop 65 PFOA PFAS PFOS California Office of Environmental Health Hazard Assessment

Prop 65 and PFOS – Impact of the Carcinogenic Finding On Businesses

by: John Gardella

On December 6, 2021, California approved the listing of PFOS, one of the more prominent chemicals in the PFAS class, as a carcinogen under the... Read More >

Biden Executive Order EO Clean Energy Sustainability Industry

EO on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability Calls for Prioritizing Purchase of Sustainable Products

by: Lynn L. Bergeson

Carla N. Hutton

On December 8, 2021, President Joseph Biden signed an Executive Order (EO) on Catalyzing Clean Energy Industries and Jobs Through Federal... Read More >

Telepharmacy Fraud Medicare Tricare Insurance $174 Million

Tough Pill to Swallow: $174 Million Telemedicine Pharmacy Fraud Scheme Results in Criminal Convictions

by: Eva Gunasekera

Renée Brooker

A federal jury recently convicted a pharmacy owner for a fraud scheme that entailed more than $174 million in claims paid by private... Read More >

Motor Vehicle Safety Whistleblower Act award

NHTSA Issues $24.3 Million Whistleblower Award: 5 Key Takeaways for Auto Suppliers

by: Ronald G. DeWaard

Gary J. Mouw

On November 9, 2021, the National Highway Traffic Safety Administration (NHTSA) issued its first-ever whistleblower bounty to a former Hyundai... Read More >

Before the Supreme Court…December 9, 2021

by: Patrick Daugherty

The Supreme Court placed two Indian law cases on its docket for the October 2021 term. In Ysleta del Sur Pueblo v. Texas (20-493), the... Read More >

Beginning in May 2022 Banks Will Have 36 Hours to Disclose Certain Types of Cyber Incidents

by: Liisa M. Thomas

A.J. S. Dhaliwal

Federal banking regulators issued a final rule that impacts how banks and other regulated entities report certain data incidents... Read More >

New Cryptocurrency Information Reporting Regime Required on Form 1099 and Form 8300

Timothy L. Jacobs & Jason Feingertz

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (... Read More >

Crypto Basel

Stuart H. Russell

Art Basel is a premiere event in Miami Beach, showcasing the best in modern art, which... Read More >

Build Back Better Act Update: Committee Releases Labor Provisions for Inclusion in Senate Vote

Build Back Better Act Update Congress Rotunda

Thomas V. Walsh & Jonathan J. Spitz

The Build Back Better Act passed the House on November 19, 2021. It contains... Read More >

In An Accident with a Large Construction Vehicle or Construction Equipment?

Construction Vehicle Accidents on Worksites

Clifford Law

Construction workers create better futures for their communities as they create new... Read More >

USPTO To Propose Paperless Patents

Courtenay C. Brinckerhoff

In a Director’s Forum blog post published December 10, 2021, the USPTO announced plans to... Read More >

New Zero-Day Vulnerability for Log4j is the Next Cybersecurity Nightmare

corporate systems and cloud environments vulnerable to attack

Todd S. McClelland & David P. Saunders

On December 10, 2021, multiple media outlets, the Cybersecurity and Infrastructure... Read More >

FDA Issues Draft Guidance On the Use and Curation of Real-World Data in Registries

Vernessa T. Pollard & Jiayan Chen

The US Food and Drug Administration has issued draft guidance outlining the agency’s... Read More >

Modernizing Foodborne Illness Outbreak Responses

FDA Foodborne Outbreak Response Improvement Plan

Food and Drug Law at Keller and Heckman

As a part of its work to implement the Food Safety Modernization Act and New Era of... Read More >

WHAT TO WATCH OUT FOR: Here are the 3 Ways to Trigger ATDS Scrutiny Post Facebook

random or sequential number generator to generate telephone numbers

Eric J. Troutman

Editor’s Note: NOT legal advice. Always seek counsel before attempting any new outreach... Read More >

The Affordable Connectivity Program

Telecommunications Practice Group

Part 4 of the Keller and Heckman Infrastructure Act Series
This is our 4th entry on the ... Read More >

On Notice: Continued Use of Endorsements

continued advertisement of expired endorsements

Baldassare Vinti & Jennifer Yang

Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements,... Read More >

It’s Almost the End of 2021. Do You Know Where Your Healthcare Dollars Go?

Stephanie O. Zorn & Kathryn W. Wheeler

The CAA Transparency Rules Will Let Plans and Participants Know. The Department of Labor... Read More >

VIEW MORE FEATURED ARTICLES >

Emerging Legal News

2022 ISS and Glass Lewis Proxy Voting Guidelines Include Various ESG-Related Policy Updates

Emily Gauthier & Alexandra Clark Layfield

Give it to Consumers Straight: NAD Recommends Clear Disclosures for Incentivized Reviews of Teeth Straightening Brand

Phyllis H. Marcus

CRITICAL ALERT: Log4Shell

Cynthia J. Larose

Godot Is Still Waiting . . .

Keith Paul Bishop

Log4Shell Vulnerability Has Potential to Compromise Millions of Devices

Ryan Blaney & Will S. Chuchawat

Another Maui Case in the Mountains

Jeffrey R. Porter

Litigation to Proceed Over Barilla Pasta Sauce with ‘No Preservatives’ Claim

Food and Drug Law at Keller and Heckman

SEC's Acting Chief Accountant Emphasizes Significance of Climate Disclosures

Jacob H. Hupart

FinCEN Issues Notice of Proposed Rulemaking for Corporate Transparency Act

Sarah E. Aberg

Amid Abortion Uncertainty, Supreme Court Rejects Attempts to Evade Judicial Review: SCOTUS Today

Stuart M. Gerson

Tips for Building Relationships with International Distributors & Representatives

Jeffrey J. White

Immigration Weekly Round-Up: Biden Nixes Salary-Based Visa Selection; Senate Democrats Weigh Alternate Routes to Immigration Reform; DOJ Recognizes Immigration Judges’ Union

William C. Menard

News Flash: Last Minute Congressional Action Saves Physicians from a Nearly 10% Cut to Medicare Payments

Kenneth Yood & Jarrod Brodsky

McDermottPlus Check-Up: December 10, 2021

Debra Curtis & Madeline Hodge

Beltway Buzz, December 10, 2021

James J. Plunkett

DOJ and FTC Virtual Workshop: Agencies Discuss Whole-of-Government Approach and New Solutions to Address Competition Issues in Labor Markets

Bruce D. Sokler & Joseph M. Miller

Forced Labor Update — Possible Complete XUAR Import Ban

Michael J. Walsh Jr & Jeffery R. Atkin

“Who Are You”: US SEC Identifies Unregistered Soliciting Entities

Peter D. Hutcheon

Upcoming Legal Education Events

Monday, December 13, 2021

As the Ball Drops: Key HR Considerations, including Connecticut’s New Employment Laws and a Special Update on I-9 Compliance for Remote Workplaces

Tuesday, December 14, 2021

Financial Services Webinar – Fiduciary Litigation Update: 2020-2021

Wednesday, December 15, 2021

The Future of The Energy Transition: The Growth of Early Stage Technology Company Investment and Development in Energy and Oil and Gas

Wednesday, December 15, 2021

EnergyTech:The Growth of Early Stage Technology Company Investment and Development in Energy and Oil and Gas

Federal Law News

Eleventh Circuit Announces Differing Standards for Approval of Third Party Releases

Shane G. Ramsey

The Eleventh Circuit Court of Appeals recently issued an opinion in In re Centro Group, LLC, No. 21-11364, 2021 WL 5158001 (11th Cir. Nov. 5, 2021), in which it clarified the two separate and distinct standards for...

Florida Telephone Solicitation Act Claims Telephone

THE FTSA CLAIMS ARE STILL POURING IN: Florida Mini TCPA Continues to Generate Huge Volume of Litigation

Eric J. Troutman

So we chatted about this a ton at the Summit but the Florida Telephone Solicitation Act (FTSA or Mini TCPA) continues to generate huge volumes of litigation.

Here are a couple of recent cases involving...

TCPA QUICK HITTER: Prerecorded Call Claims Remain Dangerous After Facebook

Eric J. Troutman

I feel like I say this once a week at least, so let’s just get it out of the way early on a Monday.

The use of a prerecorded voice message–yes including ringless voicemail and voicemails and outbound...

Fighting Off Bankruptcy, Second Circuit Decision in re Gravel

The Availability of Sanctions Under Bankruptcy Rule 3002.1 for Noncompliance – the Second Circuit’s Decision in In re Gravel

Glenn E. Glover

The Second Circuit’s August 2021 decision in In re Gravel, 6 F. 4th 503, has already received considerable attention and generated much debate over the last few months. Gravel involved the Vermont bankruptcy...

Aviation Investment and Reform Act Whistleblower Protection

3 Key Things to Know About AIR21, the Law Protecting Airline Safety Whistleblowers

Eric Bachman

One of the least talked about laws protecting your next airline flight is the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (...

National Labor Relations Act Civil Penalties Amendment

BREAKING: Senate Committee Proposes Bill to Add Civil Penalties to NLRA

Joshua S. Fox & Timothy L. Kelly

As we have discussed previously (here, ...

automated school district informational voicemails

School is Out in Buffalo School District TCPA Case

Paul C. Besozzi

Getting automated voicemails on your cellphone from the local school district even though you have no children and have told the district to STOP? Solution – bring a Telephone Consumer Protection Act (TCPA) action arguing that...

Ninth Circuit Coupon Voucher Settlement McKinney-Drobnis Massage Envy

Coupons, Clear Sailing, and Reverters: Another Settlement Bites the Dust in the 9th Circuit

Donald R. Frederico

In another of what seems like a string of decisions reversing district court approvals of class action settlements, the 9th Circuit, applying a three-factor test, held that vouchers offered as consideration to class members...

State Law News

Michigan Minimum Wage to Increase in 2022

Elizabeth Wells Skaggs & William J. Whalen

On January 1, 2022, the minimum wage in Michigan will increase to $9.87 per hour. This is a 22-cent increase from the current rate of $9.65 per hour, and the first increase in Michigan since 2020, before the COVID-19 pandemic...

Weekly Bankruptcy Alert December 13, 2021 (For the week ending December 12, 2021)

Business Practice Group Pierce Atwood

Covering reported business bankruptcy filings in Massachusetts, Maine, New Hampshire, and Rhode Island, and Chapter 11 bankruptcy filings in New York and Delaware listing assets of more than $1 million.

Chapter 11...

Ohio Votes to Legalize Sports Betting

Jake Nicholson

Ohio lawmakers have reached an agreement that will legalize sports betting for those 21 and older. House Bill 29, which was passed by the Ohio House of Representatives and Senate on December 8 and is expected to be signed into...

Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect on January 1, 2022

Donald D. Gamburg & Jessica M. Bocchinfuso

On January 1, 2022, Philadelphia’s ordinance, titled, “Prohibition on Testing for Marijuana as a Condition for Employment,” Phila. Code § 9-5500, et seq., will take effect. The ordinance—which was passed by the Philadelphia...