The Bottom Line Colorado is the third state to enact a comprehensive consumer privacy law.Although the Colorado Privacy Act shares some similarities with California’s CCPA and CPRA, and Virginia’s CDPA, there are some material differences, and companies will need to strategize how to harmonize Continue Reading
NY DOL Issues Airborne Infectious Disease Exposure Prevention Standard and Model Plan
The Bottom Line Employers are required to adopt the Model Plan (or create their own plan that meets or exceeds the Model Plan’s standards) by August 5, 2021.Employers should distribute their plan to employees by September 4, 2021 (i.e., 60 days after the NYDOL’s publication of the Standard and Continue Reading
New Caselaw Sheds Light on Enforceability of No-Hire Agreements Between Companies
The Bottom Line Parties entering into no-hire provisions should ensure that the provisions protect legitimate interests of the contracting parties, and that they are narrowly tailored to serve those interests.Parties should be mindful that no-hire provisions may not be enforced where the employees Continue Reading
European Commission Adopts Revisions to Standard Contractual Clauses
The Bottom Line The revised SCCs published by the European Commission will provide businesses with more flexibility to enter data sharing arrangements with controllers and processors outside of the European Economic Area.Businesses should revisit their contractual arrangements and identify any Continue Reading
Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use
The Bottom Line In light of the Supreme Court’s decision in Google v. Oracle, it is clear that not all copying of copyrighted code will subject a developer to liability.The safest course for developers is to ensure that they have a license or are authorized to use API packages in accordance with Continue Reading
IRS Provides Much Needed Guidance on COBRA Premium Subsidy
The Bottom Line ARPA’s COBRA subsidy presents a number of complicated administrative issues that employers, plan sponsors and administrators, and insurers alike should consider. In particular, there are a number of nuances to how the Notice may impact plan sponsors.Plan sponsors should consult with Continue Reading
“Children and Teens’ Online Privacy Protection Act” Offers Potential Changes to COPPA Requirements
The Bottom Line Lawmakers have been discussing updates to COPPA for years, and the proposed CTOPPA may finally accomplish that goal. The bill raises the age for consent from 13 to 15, changes COPPA’s knowledge standard, and bans targeted advertising to children.If the bill becomes law, marketers Continue Reading
New York State Introduces Elective Pass-Through Entity Tax
The Bottom Line Pass-through entities with New York income should examine whether to elect into the PTE Tax to potentially reduce the taxes of their owners.Those considering the election should consider whether the taxes are creditable against state taxes for non-residents. S corporations and Continue Reading
New York HERO Act Establishes Additional COVID-19 Workplace Safety Requirements
Update The Act has been amended to extend the deadlines described below. The NYDOL now has until July 5, 2021 to issue industry-specific airborne infectious disease prevention standards. Once these standards are issued, employers will have 30 days to adopt a disease prevention plan in accordance Continue Reading
FTC Can No Longer Seek Monetary Penalties for Violations of Unfair or Deceptive Practices
The Bottom Line The Supreme Court’s decision took away one of the FTC’s most valuable tools in enforcing Section 5 of the FTC Act, and may take a toll on monetary relief that the FTC can obtain in the near term.However, between the FTC’s other monetary remedies and proposals in Congress to codify Continue Reading