September 28, 2022

Reproductive Healthcare Issues for Employers: Privacy Issues

By: Eric W. Gregory , DICKINSON WRIGHT PLLC This article addresses privacy issues faced by employers following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization . 1 AFTER THE U.S. SUPREME COURT RULING IN DOBBS overruling the constitutionally protected right to an abortion, federal agencies have issued guidance intended to help protect the privacy of patients. Employers should...

September 28, 2022

Medication Abortion, Telemedicine, and Dobbs—Key Considerations for Healthcare Providers

By: Claire Marblestone , FOLEY & LARDNER LLP The U.S. Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization 1 has impacted access to abortion in the United States. In light of the Court’s decision, which returned the right to enact laws regarding reproductive healthcare to the states, many healthcare providers are navigating available ways to provide abortion services...

September 28, 2022

The Impact of State Laws Criminalizing Abortion

By: Amanda Zablocki and Mikela T. Sutrina , SHEPPARD MULLIN WILLIAMS MULLEN On August 5, 2022, Indiana joined 19 states whose laws criminalize abortion prior to viability in the wake of the recent U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization . 1 IN MANY OF THESE STATES, PERFORMING AN ILLEGAL abortion constitutes a felony, giving rise to significant civil and criminal penalties...

September 28, 2022

States Adopt New Laws Following the Decision in Dobbs v. Jackson Women's Health Organization

By: The Lexis Practical Guidance Healthcare Team A flurry of new laws and trigger laws went into effect following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization , 2022 U.S. LEXIS 3057 (S. Ct. June 24, 2022). IN A 6–3 DECISION, THE DOBBS COURT REVERSED THE LOWER court’s holding and upheld the Mississippi law at issue, which prohibited abortions after 15 weeks...

September 27, 2022

LexisNexis Rule of Law Foundation Launches Free Tool to Track Changes in U.S. Voting Laws

As the mid-term elections approach, Lexis has launched the U.S. Voting Laws & Legislation Center, a free tool providing access to a comprehensive collection of U.S. voting laws, legislative developments, and news updates on voting laws in all states. A INITIATIVE SPONSORED BY THE LEXISNEXIS RULE OF LAW FOUNDATION , the Center includes a searchable database of legislation, including proposed, enacted, and failed...

September 27, 2022

Insurance Issues after Dobbs: Health Insurers and Health Insurance

By: The Lexis Practical Guidance Attorney Team This article discusses the impacts that are anticipated on health insurance and health insurers as a result of the Supreme Court decision in Dobbs v. Jackson Women’s Health Org. 1 THAT CASE USED A MISSISSIPPI STATUTE AS THE VEHICLE to overturn the essence of Roe v. Wade 2 and, by implication, Planned Parenthood of Southeastern Pennsylvania . 3 The practical effect...

July 07, 2022

Ransomware Issues in the Healthcare Industry

By: Nathan A. Kottkamp , WILLIAMS MULLEN This article discusses market trends in 2021 relating to disclosures of climate change risks and mitigation by public companies, which are intertwined with environmental, social, and governance (ESG) issues. RANSOMWARE IS THE CURRENT HOT TOPIC IN CYBER -security because its reach is essentially universal. Driving this trend, in economic terms, is that the value of having access...

July 07, 2022

Oil and Gas Transactions: Market Trends 2021/Q1 2022

By: Justin F. Hoffman and Thomas Blackwell BAKER BOTTS L.L.P. This article discusses market trends in oil and gas transactions from 2021 through the first quarter of 2022, including (1) notable transactions; (2) deal trends with respect to capital markets, mergers, and acquisitions (M&A), and master limited partnerships (MLPs); (3) disclosure trends; (4) legal and regulatory trends; and (5) an outlook for oil and...

July 07, 2022

Timing Is Everything: The Impact of Transactions on Pending Bids and Proposals

By: Erin M. Estevez , Jeremy D. Burkhart , and Kelsey M. Haye s HOLLAND & KNIGHT LLP Recent decisions from the Government Accountability Office (GAO) and the U.S. Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) illustrate the real-world impact that transactions can have on an ongoing procurement and provide practical insight into how contractors can mitigate those risks. The authors...

July 07, 2022

Civil Litigation Process Map: Pre-litigation (Federal)

By: The Practical Guidance Civil Litigation Team This process map resource kit provides an overview of the key stages in the lifecycle of a typical federal court litigation, as well as comprehensive resources providing step-by-step guidance on the most common tasks associated with the pre-litigation phase that you will typically work on in your litigation, including detailed practice notes, annotated templates, and...

July 07, 2022

Expungement and Reexamination Proceedings under the Trademark Modernization Act

By: Jessica D. Bradley JONES DAY LLP This article discusses ex parte expungement and reexamination proceedings at the U.S. Patent and Trademark Office (USPTO). SUCH PROCEEDINGS SEEK FULL OR PARTIAL CANCELLATION of federal trademark registrations that do not meet the use in commerce requirements of the Lanham Act. The article discusses the grounds for each type of petition, procedural considerations including time...

July 07, 2022

Wage and Hour Issues Related to Remote and Hybrid Work: A Fertile Delta for Litigation

By: Laurie E. Leader EDITOR-IN-CHIEF, BENDER’S LABOR AND EMPLOYMENT BULLETIN Everyone agrees that the COVID-19 pandemic has changed the way we work. Even as pandemic numbers wane, employers have continued to allow remote work schedules and hybrid schedules (some combination of remote and in-person work). THIS NEW NORMAL HAS PRESENTED A SLEW OF CHALLENGES in terms of digital communication, data security and confidentiality...

July 07, 2022

Whistleblower Complaint Response and Defense Strategies under Section 11(c) of the Occupational Safety and Health Act

By: Kenneth D. Kleinman and Brad M. Kushner, STEVENS & LEE This article addresses strategies for responding to and defending against whistleblower complaints filed under Section 11(c) of the Occupational Safety and Health Act (the OSH Act). 1 The OSH Act regulates employment conditions relating to occupational safety and health. Every person engaged in a business affecting commerce is required to furnish each employee...

July 07, 2022

Rules, Rules, Rules . . . Contract Law Is Awash in Rules (That Too Many Attorneys Don’t Know)

By: Timothy Murray MURRAY , HOGUE & LANNIS I was asked by a company to revise its standard boilerplate legal terms found on the back of its purchase order form so that its terms would prevail in a battle of the forms contest—where contracts are formed by parties exchanging documents without signing off on the same piece of paper. Proper drafting can enhance the chances that the terms will be construed as the...

July 07, 2022

Cybersecurity and Data Privacy in Commercial Real Estate

By: Eric B. Levine, LINDABURY, MCCORMICK, ESTABROOK & COOPER, P.C. This article discusses several key considerations for evaluating cybersecurity and data privacy practices when counseling owners of commercial real estate (CRE). THE ARTICLE ALSO DETAILS WHAT STEPS SHOULD BE taken to mitigate the risk of unauthorized release or exposure of data in the possession of CRE owners. This article is written from the landlord’s...

July 06, 2022

Lexis Nexis Offers Support to Ukrainian People during Invasion by Russia

LexisNexis Legal & Professional (LNLP) CEO Mike Walsh recently announced several efforts undertaken by LNLP and the LexisNexis Rule of Law Foundation to support the people of Ukraine in their struggle against invasion by Russia. ON THE FINANCIAL FRONT, WALSH SAID THAT LNLP has joined other divisions of Reed Elsevier in “supporting aid organizations working across Ukraine to scale up life-saving programs, including...

April 27, 2022

Life Sciences: Strategies for Overcoming Early Litigation Challenges to Patent Eligibility

By: Michael Furrow and Shannon Clark , Fitzpatrick, Cella, Harper & Scinto                                                Introduction Section 101 of the Patent Act provides: “Whoever invents or discovers any new and useful process, machine, manufacture, or...

April 27, 2022

A Briefing on Emerging Issues Impacting Transactional Practice - Winter 2017

FEDERAL COURT FAST TRACKS REVIEW OF RULING BLOCKING IMPLEMENTATION OF OVERTIME REGULATIONS THE FIFTH CIRCUIT COURT OF APPEALS ISSUED A BRIEF order December 8 granting expedited review of a November 22 ruling by a federal judge in the Eastern District of Texas preliminarily enjoining implementation of new white-collar exemption rules issued by the U.S. Department of Labor (DOL). The rules, which were scheduled to take...

April 27, 2022

Current Updates and Legal Developments

HHS AGENCY PROPOSES RULE TO STABILIZE INSURANCE MARKETPLACE THE CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) issued a proposed rule aimed at stabilizing individual and small group health insurance markets in anticipation of Congress’ possible repeal and replacement of the Affordable Care Act. CMS, an agency within the Department of Health and Human Services, administers a number of health care–related...

April 27, 2022

Defending Trade Secrets Under the Economic Espionage Act

By: Eric E. Bensen. The Defend Trade Secrets Act (DTSA) 1 creates for the first time a federal private cause of action for trade secret misappropriation. 2 Prior to the DTSA’s enactment, private causes of action for trade secret misappropriation were solely a matter of state law, which in a vast majority of states was based on the Uniform Trade Secret Act (UTSA). The DTSA, although not preempting state law, borrows...

April 27, 2022

Current Awareness: Net Neutrality—Tweeting Corporate Information—SEC Cybersecurity Enforcement

AMENDMENTS TO NEWLY PASSED CALIFORNIA CONSUMER PRIVACY ACT SIGNED INTO LAW By: Lexis Practice Advisor Attorney Team GOVERNOR EDMUND G. BROWN SIGNED A BILL AMENDING the California Consumer Privacy Act (CCPA) just weeks after its hasty enactment in June (SB 1121) and days before the state legislature ended its 2018 session. Governor Brown signed the original bill on June 28, a week after its introduction and just...

April 27, 2022

Insurance Coverage Issues Created by The Internet

By: Ellen MacDonald Farrell and Rachel P. Raphael Crowell & Moring Today, billions of different devices are connected to the internet, and the internet-capability of everyday objects is expected to grow exponentially in the years to come. The Internet of Things (IoT) refers to the network of these devices that collect and exchange data. Connected devices may include everything from automobiles to implantable medical...

March 10, 2022

Guidance for Employers on Vaccination and Testing Rules

By: Richard D. Glovsky, LOCKE LORD LLP This article addresses the COVID-19 vaccine and testing rules promulgated by the Biden Administration. It is an excerpt from the practice note Pandemic Flu/Influenza/Coronavirus (COVID-19): Key Employment Law Issues, Prevention, and Response. Practical Guidance subscribers may view the full guidance, which answers health and safety related return-to-work questions for employers...

March 08, 2022

Post-employment Restrictive Covenants: Market Trends 2017-2021

By: The Practical Guidance Employee Benefits and Executive Compensation Team This Market Trends review provides an overview of restrictive covenant obligations contained in executive employment agreements and discusses recent market trends in publicly filed executive employment agreements from 2017 to the first half of 2021. Specifically, it discusses non-competition clauses and employee non-solicitation and client...

March 07, 2022

Differences between Chapters 7 and 13 of the Bankruptcy Code

By: Mark Haut, PRACTICAL GUIDANCE BANKRUPTCY TEAM with assistance from Emony Robertson, LEXISNEXIS RULE OF LAW FOUNDATION FELLOW This chart details the differences between Chapters 7 and 13 of the Bankruptcy Code and can be used to guide attorneys in understanding the differences between these chapters. Practical Guidance supports the efforts to advance what’s possible in the world by strengthening the rule...