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DECEMBER 20, 2022


VOLUME XII, NUMBER 354


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DECEMBER 19, 2022

 * How Do You Digitally Market a Law Firm? by: Jason Hennessey
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 * FAQs About Bias In Artificial Intelligence (AI) – Avoiding the... by: Kenneth
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 * Weekly IRS Roundup December 12 – December 16, 2022 by: McDermott Will & Emery
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 * UK Government and the Dubai International Financial Centre Issue... by:
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 * 12 Days of CRM: Day Five – The Five Golden A’s of Data Quality [VIDEO] by:
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 * Long Term Care Update: As Winter Arrives, CMS Renews its Emphasis on... by:
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 * TradeTalk China: December 12 – December 16, 2022 by: Pablo E. Carrillo and
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   Weiss Ford and Samuel H. Martin
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   R. Dull and Julia B. Jacobson
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 * Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage... by:
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DECEMBER 18, 2022

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 * 12 Days of CRM: Day 4 – How has CRM use Changed & Where It’s... by: Christina
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DECEMBER 17, 2022

 * 12 Days of CRM: Day Three – What Should CRM Do for You [VIDEO] by: Christina
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   Wininger
 * Caremark Liability Following the SEC’s New ESG Reporting Requirements by:
   Jacob H. Hupart and Douglas P. Baumstein
 * SCOTUS Takes a Pass on “Gap Time” Dispute by: Allan S Bloom
 * Beltway Buzz, December 16, 2022 by: James J. Plunkett
 * 2023 European Fund Finance Market Predictions by: Samantha Hutchinson and
   Nathan Parker
 * National Labor Relations Board Allows Recovery of Consequential... by: Robert
   M. Steptoe Jr. and Anna Pugh


NextPrev


FEATURED ARTICLES

The Rise Of The Self-Tapping Website? State Wiretapping Class Actions Take Off
After Two Recent Circuit Court Decisions
by: Adam D. Bowser
The second half of 2022 saw a wave of class action litigation under state
wiretapping laws against website operators that use widely deployed online...
Read More >
12 Days of CRM: Day 4 – How has CRM use Changed & Where It’s Headed [Video]
by: Christina R. Fritsch JD
On the fourth day of CRM Chris Fritsch explained to me, four ways CRM has
changed over the years! CRM and the technology surrounding it have... Read More
>
Caremark Liability Following the SEC’s New ESG Reporting Requirements
by: Jacob H. Hupart
Douglas P. Baumstein
Recent developments in the Court of Chancery concerning a corporate board’s duty
to monitor and provide oversight over a corporation’s... Read More >
SCOTUS Takes a Pass on “Gap Time” Dispute
by: Allan S Bloom
It’s two months into argument season at the Supreme Court, and we’re always
keeping our fingers crossed that the justices will take up a... Read More >
Intellectual Property Law: Looking Forward to 2023
by: Dorothy R. Auth Ph.D.
Howard Wizenfeld
With the continuing advancements of cutting-edge technologies — such as genome
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Tom Brady, Larry David, and Others Named Defendants in Class Action Suit Filed
Against FTX
by: George P. Angelich
Dan Jasnow
Four days after FTX, once the world’s third-largest crypto exchange, filed for
voluntary Chapter 11 bankruptcy, former FTX investors filed a... Read More >
FTC Starts Long-Awaited Green Guides Review
by: Food and Drug Law at Keller and Heckman
On December 14, 2022, at an open meeting of the Federal Trade Commission (“FTC”
or “Commission”), FTC commissioners... Read More >
Battle Lines Drawn on Electric Vehicle Tax Credit Specifics
by: William Ball
As the Internal Revenue Service (“IRS”) begins issuing guidance for every tax
provision of the Inflation Reduction Act (“IRA... Read More >
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Speak Out Act Speaks (But Not Dramatically)

John F. Birmingham Jr.
On December 7, 2022, President Biden signed the “Speak Out Act” into law. 
The Act ... Read More >
The Anti-Kickback Statute & Stark Law Explained

Tycko & Zavareei Whistleblower Practice Group
The Anti-Kickback Statute and Stark Law are in place to ensure that medical
services and... Read More >
Danske Bank Scandal Proves Need for AML Whistleblower Law

Grace Schepis
Nearly 10 years after former employee Howard Wilkinson blew the whistle on
Danske Bank,... Read More >
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340B Hospital Reimbursement Update – Underpayments and the Need to Act Now

Kyle A. Vasquez & Mary H. Canavan
It has certainly been a year of ups and downs for 340B hospitals. While
litigation... Read More >
LinkedIn’s Data Scraping Battle with hiQ Labs Ends with Proposed Judgment

Kyle R. Dull & Julia B. Jacobson
LinkedIn and hiQ Labs agreed to a consent judgment and permanent injunction to
resolve... Read More >
Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage safe under
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David K. Taylor
Here’s the Scenario: Try explaining the concept of “retainage” to a
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Cutting Corners: SEC Sues Surgical Implant Company for Disclosure AND Accounting
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SEC Makes Claims But Provides No Data
Keith Paul Bishop
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Underboss of Philadelphia Mafia Sentenced for Leading Racketeering Conspiracy
Engaged in Loansharking, Gambling, and Extortion
United States Department of Justice (DOJ)
National Labor Relations Board Allows Recovery of Consequential Damages for
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Robert M. Steptoe Jr. & Anna Pugh
The Continued Importance of PPP Appeals
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EPA Announces Updates to New Chemicals Review Program Web Page
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Commissioner Uyeda Warns Of Looming Item 402 Letter Deficit, But George Eliot
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RUSSIA & UKRAINE LEGAL UPDATES

Active Russian Agent Andrii Derkach Indicted for Scheme to Violate Sanctions in
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United States Department of Justice (DOJ)

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Case Law Update: Disputes Relating to Supply Chain Disruptions Hit the Courts
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Long Term Care Update: As Winter Arrives, CMS Renews its Emphasis on COVID-19
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Carmen Jule
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As surges in various respiratory illnesses – including COVID-19 – loom over...
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What Does 2023 Hold for California COVID-19 Supplemental Paid Sick Leave?
Benjamin A. Tulis
Global M&A Trends: A Wider Slowdown but Still on Track to Surpass Pre-Pandemic
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Louis Lehot & Brandee L. Diamond

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12 Days of CRM: Day Five – The Five Golden A’s of Data Quality [VIDEO]
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On the fifth day of CRM, Chris Fritsch gave to me, the 5 golden A’s of CRM!
Sitting down and...
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UPCOMING LEGAL EDUCATION EVENTS

Tuesday, December 20, 2022
Life Sciences Lifeline - Expanded TRIPS Waivers: What You Need to Know
Tuesday, January 10, 2023
How to Use Marketing Technology to Build Your Brand and Business in 2023 and
Beyond
Tuesday, January 10, 2023
Legislative Landscape: Opportunities with Divided Government
Wednesday, January 25, 2023
What You Should Know About Payor/Provider Convergence

The National Law Review


FEDERAL LAW NEWS

Weekly IRS Roundup December 12 – December 16, 2022
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Presented below is our summary of significant Internal Revenue Service (IRS)
guidance and relevant tax matters for the week of December 12, 2022 –...

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SEC Adopts Final Rules Regarding 10b5-1 Trading Plans and Disclosure of Insider
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On December 14, 2022, the U.S. Securities and Exchange Commission (“SEC”)
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118th Congress: Freshmen Members of House of Representatives and Senate
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This list details incoming freshmen members of the House of Representatives and
the Senate for the 118th Congress in alphabetical order.

...
Read More >
The EPA Proposes to Change Toxic Release Inventory (TRI) Reporting for PFAS
David P. Ruetz

On December 5, 2022, the U.S. Environmental Protection Agency (EPA) provided
notice in the Federal Register (see “Federal Register”/Vol. 87, No. 232/Monday
December 5, 2022) of a Proposed Rule that would make...

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HHS Releases Bulletin on Use of Online Tracking Technologies by HIPAA Covered
Entities and Business Associates
Hunton Andrews Kurth’s Privacy and Cybersecurity

On December 1, 2022, the Office for Civil Rights at the U.S. Department of
Health and Human Services (“HHS”) released a ...

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FTC Launches Review of "Green Guides"
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The Federal Trade Commission (FTC) announced on December 14, 2022, that it is
seeking public comment on potential updates and changes to its “Green Guides,”
kicking off a process that may lead to the first significant changes...

Read More >
A Brief History and Status of (Cleaned Up) in the Sixth Circuit
Shams Hirji

Who was the first Sixth Circuit judge to use the (cleaned up) parenthetical in a
judicial opinion? What is the current status of (cleaned up) in the Sixth
Circuit? Which judges use it regularly, which judges never use it, and...

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Beltway Buzz, December 16, 2022
James J. Plunkett

117th Congress Works on Last-Minute Bills as Holidays Loom. Nothing is more
typical of the holiday season in Washington, D.C., than a last-minute
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United States: SEC Proposes Regulation Best Execution
Stacy L. Fuller & Nicholas O. Ersoy

On December 14, 2022, the U.S. Securities and Exchange Commission (“SEC”)
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CMS Issues Additional Flexibilities to the ACO REACH Model’s Benefit
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NLRB Confirms a Return to Union Gerrymandered Bargaining Units
Keahn N. Morris & John S. Bolesta

As we previously predicted, the National Labor Relations Board (“NLRB” or the
“Board”) issued its decision in ...

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STATE LAW NEWS

CPPA Board Holds Meeting on Status of CPRA Rulemaking and Other Topics
Hunton Andrews Kurth’s Privacy and Cybersecurity

On December 16, 2022, the California Privacy Protection Agency (“CPPA”) Board
held a public meeting regarding the...

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How Employers Can Prepare for Oregon’s Paid Family Leave Program
Mark A. Crabtree

Oregon’s Paid Family Leave program commences on January 1, 2023.  As an initial
step, most Oregon employers must alert employees about the program and begin
paying into the state insurance plan.  The law requires employers post...

Read More >
New Year, New Rules for Employers Doing Business in New Jersey in 2023
Sean J. Kirby

The New Year will usher in several new employment laws in New Jersey. This
update summarizes these new legal requirements to help New Jersey employers
prepare for 2023.


MINIMUM WAGE...

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New York City Bill Could Fundamentally Change Employer-Employee Relationship for
NYC Employers
Kevin J. White

On December 7, 2022, New York City Council Member Tiffany Cabán along with three
other co-sponsors introduced a proposed bill that would prohibit all employers
from terminating employees without (1) “just cause” or (2) a bona...

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Vermont Governor Announces Family and Medical Leave Insurance Plan
Debra Weiss Ford & Samuel H. Martin

Vermont will join its neighboring state New Hampshire in implementing a
voluntary paid family and medical leave insurance program.

The program, called the Vermont Family and Medical Leave Insurance...

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Vermont Governor Announces Family and Medical Leave Insurance Plan
Debra Weiss Ford & Samuel H. Martin

Vermont will join its neighboring state New Hampshire in implementing a
voluntary paid family and medical leave insurance program.

The program, called the Vermont Family and Medical Leave Insurance...

Read More >
New York Department of Health Revises the COVID-19 Return-to-Work Protocols for
Healthcare Personnel, Consistent with CDC Recommendations
Jenifer M. Bologna & Henry S. Shapiro

On November 30, 2022, the New York State Department of Health (NYSDOH) updated
its Advisory on Return-to-Work Protocols for Healthcare Personnel with
SARS-CoV-2 Infection or Exposure to Sars-CoV-2. This new guidance...

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Philadelphia Commuter Transit Benefits Coming Soon
Evandro C Gigante & Arielle E. Kobetz

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It’s Up To You New York, New York; NLRB Reinstates Worker-Friendly Standard for
Access to Third-Party Property
Steven J. Porzio & Joshua S. Fox

The National Labor Relations Board (“NLRB” or “Board”) capped off an extremely
busy week, by issuing another precedent-reversing decision, on the last day of
Republican Member John Ring’s 5-year term.  In Bexar County II...

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The Pennsylvania Environmental Rights Amendment and Statues
David G. Mandelbaum

Last week, the Pennsylvania Commonwealth Court, an intermediate appellate court,
weighed in on whether the City of Philadelphia could remove a statue of
Christopher Columbus from public display. ...

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INTERNATIONAL LAW NEWS

Child Status Protection Act: Insights and Helpful Hypos [PODCAST]
by Daniel Maranci & Christina M. Kelley

In this podcast, Dan Maranci and Christina Kelley discuss the Child Status
Protection Act (CSPA) and how its...

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UK Government and the Dubai International Financial Centre Issue Joint Statement
on Data Bridge
by Hunton Andrews Kurth’s Privacy and Cybersecurity

On  December 15, 2022, the UK government and the Dubai International Financial
Centre Authority (“DIFC”) issued a ...

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TradeTalk China: December 12 – December 16, 2022
by Pablo E. Carrillo & Ludmilla L. Kasulke

 1. As the 117th Congress Winds Down, Republican Messaging on China Gets...

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Dubai Courts Refuse Enforcement of An Arbitral Award Against a Foreign Party
by Jonathan H. Sutcliffe & Mohammad Rwashdeh

A recent judgment of the Dubai Court of Cassation refused to enforce a foreign
arbitral award against a party (the...

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Proposed Changes to the Canadian Feed Ingredients Table
by Food and Drug Law at Keller and Heckman

 * The manufacture, sale and import of livestock feeds are regulated in Canada
   under the Feeds Act and...

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Das Jahr neigt sich dem Ende – was erwartet uns Neues in 2023?
by Renate Prinz

Zum Ende des Jahres empfiehlt es sich einen Blick auf neue Regelungen zum
Jahresbeginn werfen: Ab dem 1. Januar...

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TRADE SECRETS: An International Perspective on Their Protection and Tips to
Mitigate Disclosure Risk
by Patrick Sands & Harrison Ottaway

There have been a number of recent prominent examples of the unauthorised use of
trade secrets by employees or former...

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Mast-Jägermeister SE Wins 10 Million RMB at Beijing IP Court for Trademark
Infringement and Unfair Competition
by Aaron Wininger

On December 15, 2022, the Beijing Intellectual Property Court...

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