December 15, 2022
Volume XII, Number 349
December 15, 2022
– European Commission to Start Adequacy Decision Adoption Process for…by: Hunton Andrews Kurth’s Privacy and Cybersecurity
– Applying Collateral Estoppel in IPRs by: Alexandra Cavazos, PhD
– Appellate Court Addresses How Much Information Employee Must Submit…by: Tasos C.Paindiris and David Mohl
– Improving Liquidity Through Real Estate Sale and Leaseback…
by: Simone Wijngaard and Alexander van Hövell
– The Ultimate Lawyer Time Off Checklist by: Kamron Sanders
– PTO Announces Cancer Moonshot Expedited Examination Pilot Program by: Bernard P.Codd
– Do Law Firms Use HubSpot? by: CRM News and Updates, Lawmatics
– Litigation Minute: Year in Review—Trending Topics Across the 2022…
by: Lindsay Sampson Bishop and Jacquelyn S.Celender
– The State of ESG Reporting in Australia by: Clive Cachia and Adam Levine
– Supreme Court to Hear Case on Whether Lawsuits are Stayed During…
by: Ron Chapman, Jr.and Zachary V.Zagger
December 14, 2022
– Certain Green Cards Getting 24-Month Extensions as USCIS Deals With…by: Michael H.Neifach
– Ankura CTIX FLASH Update – December 13, 2022 by: Ankura Cyber Threat Investigations and Expert Services
– Australia: Climate and Sustainability-Related Financial Disclosure…by: Jim Bulling
– Ankura CTIX FLASH Update – December 9, 2022 by: Ankura Cyber Threat Investigations and Expert Services
– New Washington State Guidance A Reminder That More State Pay…
by: Aaron Vance
– Washington Supreme Court Affirms Ecology’s Authority to Bypass…by: Erika H.Spanton and Allyn L.Stern
– NLRB Unleashes New Damages Against Labor Law Violators by: Mark J.Neuberger
– Illinois Appellate Court Weighs in on Biometric Data Policies by: David M.Poell and Kari M.Rollins
– FTC Issues Green Guides Questionnaire by: Phyllis H.
Marcus
– Traveling for the Holidays: Planning for Successful International…by: Ann H.Lee and Michael J.
Bonsignore
– NYC Council Considering Proposal To Significantly Limit At-Will…
by: Evandro C Gigante and Joseph C O’Keefe
– Webinar Recording: Navigating Today’s Privacy Compliance…by: Cynthia J.Larose
– Pennsylvania Takes Emergency Action to Regulate Conventional Oil…
by: David J.Raphael and Brianna K.
Edwards
– A Look At The Upcoming European Unitary Patent And Unified Patent…by: Angela B.Freeman, M.S.and Rory P.Pheiffer
– Massachusetts Unveils New Workplace Poster, Notifications for…by: Rachel Reingold Mandel and Ashley Prickett Cuttino
– US Executive Branch Update – December 14, 2022 by: Stacy A.
Swanson
– Michigan Court of Appeals Hears Argument on the Adopt and Amend…by: Luis E.Avila and Maureen Rouse-Ayoub
– California Wage and Hour Issues for Employers to Watch in 2023: Is My…by: Karen E.
Wentzel and Michael W.Kelly
– AML Bill Key to Busting Russian Oligarchs by: Stephen M.
Kohn and Grace Schepis
– SEC and CFTC Whistleblower Programs Reveal Continued Success…by: Jason Zuckerman and Matthew Stock
– Prices Keep Rising: Labor Board Significantly Expands Remedies…
by: David J.Pryzbylski and Aaron Vance
– More on Understanding the Medicare Overpayment Appeals Process by: Kendall R.Walker and Courtney G.Tito
– New York State Provides Protection for Use of Leaves of Absence by: Jonathan A.
Wexler
– US Executive Branch Update – December 13, 2022 by: Stacy A.Swanson
– Looking Ahead to 2023: Pay Transparency Developments by: Allan S Bloom and Evandro C Gigante
– What Does 2023 Hold for California COVID-19 Supplemental Paid Sick…by: Benjamin A.Tulis
– AND ANOTHER ONE! TCPA CLASS DISCOVERY LIMITED: Third Party Subpoena…by: Jenniffer Cabrera
– Reminder: New Tax Forms for Retirement Plan Payment Withholding…by: Jeffrey M.Holdvogt and Diane M.Morgenthaler
– Ninth Circuit Answers Lingering Question on Scope of ‘Autodialer…
by: Joseph C.Wylie II and Nicole C.Mueller
– Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for…by: George Carroll Whipple, III
– Preparing for New SBA Certification Requirements for Veteran-Owned…
by: Erin L.Toomey and Frank S.Murray
– California Starts Mandating Employee Bereavement Leave in 2023 by: Paul R.Lynd
– HHS Bulletin: Covered Entities’ Disclosure of PHI Collected via…
by: Ryan P.
Blaney and Danielle L.Brooks
– When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community by: Dana M.Lingenfelser and Kristin D.Mitcham
– GREAT LEGAL WORK: TCPA Defendant Wins a HUGE Certification Victory…by: Eric J.
Troutman
– 401(k) Compliance Check #12: Don’t Borrow Trouble – Correcting…by: Belinda S.Morgan
– FDA Published Food Safety Culture Literature Review by: Food and Drug Law at Keller and Heckman
– Does a business have to provide a privacy notice directly to a…by: David A.Zetoony
– New Privacy Enforcement Act Commences in Australia by: Cameron Abbott and Rob Pulham
– NYC Delays Enforcement of Automated Employment Decision Tools Law to…
by: Lindsay Colvin Stone
– U.S.Department of State to Update Design on Nonimmigrant and…by: Ashley K.
Kerr
– Cannon Fire: Newly-Famous Judge Stays All Discovery in TCPA Class…by: Eric J.
Troutman
– EPA Announces Proposed RFS for 2023-2025, Will Hold Public Hearing in…by: Lynn L.Bergeson and Carla N.Hutton
– Why Do Law Firms Need CRM? by: CRM News and Updates, Lawmatics
– This California Rule by: Keith Paul Bishop
– Unintended Consequences: Legal Compliance Concerns With Long-Term…by: Amber K.Dodds and Robert S.Nichols
– UK Parliament Considers Retained EU Law (Revocation and Reform) Bill…by: Emma Thomson
December 13, 2022
– DOL Issues Final Rule Amending Investment Duties Regulation –…
by: James Frazier
– Third time lucky or Schrems III? The European Union Data Pact with…by: Diletta De Cicco and James Downes
– Renewed Era of Crypto Assets Growth in Hong Kong by: Jay Lee
– Division I Universities Must Be Ready for Changes to the NCAA…
by: Paul V.Kelly
– U.S.Supreme Court Hears Oral Argument in Case Testing Limits of…by: Michelle E.Phillips and Christopher M.Repole
– Damages in Pre-Certification Discovery are Premature, Discovery…
by: Jenniffer Cabrera
– When Chains Change, Do NFTs Stay The Same? How Hard Forks May Affect…by: Jason H.Finger
– COVID-19: A Roadmap to Fraud Investigations: Office of Inspector…by: Stephen D.Bittinger
– DOJ Settlement with Electronic Health Records Provider Highlights…by: Ty E.
Howard and Lane M.Webster
– Update: OFCCP Plans to Disclose EEO-1 Data for Non-Objecting…
by: Abby M.Warren
– Increasing US Enforcement Action for Sanctions Violations by Crypto…by: Hannah Laming and Adam Klauder
– DOJ Antitrust Division and HHS OIG Enter into Partnership to Increase…by: Diane Hazel
– Can Discovery Be Compelled from a Party? Possession, Custody, Control…
by: Kathryn C.Cole
– Weekly Bankruptcy Alert December 13, 2022 by: Bankruptcy & Creditors’ Rights
– California’s Newly Adopted “Safe Harbor” Warning Label for Acrylamide…by: Taryn McPherson and Whitney Jones Roy
– Considerations for Public Company Bylaw Amendments in View of the New…by: Frank M.
Placenti and Doron Lipshitz
– All Things Chemical® Podcast: TSCA Regulation of Articles: The Saga…by: Lynn L.Bergeson
– Telecom Alert: Providers Support 10-10.5 GHz NPRM; FCC Blocks Student…by: Jaimy “Sindy” Alarcon and Jim Baller
– New DOL Rule Enables Consideration of ESG Factors in Investing, Plus…by: Johnjerica Hodge and Danette R.Edwards
– Energy & Sustainability M&A Activity — December 2022 by: Thomas R.Burton, III and Sahir Surmeli
– Court Holds NC State Health Plan Constitutes “Health Program or…
by: Caroline Turner English and Alison Lima Andersen
– Energy & Sustainability IP Updates — December 2022 by: Brad M.
Scheller
– Another Block Falls: BlockFi Files for Chapter 11 Protection,…by: David A.Lopez-Kurtz and Alex J.Albers
– SEC Reopens Proposal on Stock Buyback Rules by: Erin Reeves McGinnis
– IRS Announces 2023 Increases to Estate and Gift Tax Exclusions by: Katlyn E.Koegel and Stephen C.
Rohr
– FDA Letter States that β-Nicotinamide Mononucleotide is Not Lawful…by: Food and Drug Law at Keller and Heckman
– New York City’s Automated Employment Decision Tools Law Enforcement…by: Adam S.
Forman and Nathaniel M.Glasser
– Chips Chatter: December 5-12, 2022 by: Pablo E.
Carrillo and Ludmilla L.Kasulke
– FTC Releases Tentative Agenda for December 14 Open Commission Meeting by: Hunton Andrews Kurth’s Privacy and Cybersecurity
– How Many Behavioral Advertising Trackers Do Websites Deploy Currently? by: David A.
Zetoony
– FRB Proposes Climate-Related Financial Risk Management Principles by: Daniel Meade
– Energy & Sustainability Litigation Updates — December 2022 by: Jacob H.Hupart
– Investor-State Arbitration: 2022 ICSID Rule Amendments and Update on…by: Joseph J.
Mamounas and Claudia D.Hartleben
– Warning Sign? A New Round of FDA Warning Letters Over CBD Consumer…by: J.
Hunter Robinson and Josh Kleppin
– Cross Border Recognition, 25 years on: the view from each side of the…by: Michelle N.
Saney
– A New Era of Technology in the Private Markets by: Louis Lehot and Christopher Converse
– New York City Postpones Enforcement of Automated Employment Decision…by: Simone R.D.Francis
– New Law Seeks To Curtail Coerced Debts by: Keith Paul Bishop
– Republican SEC Commissioners Continue to Criticize Proposed Climate…by: Jacob H.
Hupart
December 12, 2022
– Raters gonna rate…but there’s a bright side! by: Daniel B.Guggenheim
– SEC Awards More than $20 Million to Whistleblower by: Mary Jane Wilmoth
– Duty to Preserve Evidence Covers Climate Review by Higher Educational…by: Monica H.Khetarpal and Laura A.Ahrens
– Preliminary Determination of Circumvention Regarding Solar Energy…
by: Gregory Husisian and John E.Turlais
– Estate Planning for Football Season Ticket Holders by: Katherine M.
Szymanski and Rebecca K.Wrock
– Associate Attorney General Vanita Gupta Issues Statement on 2021 FBI…by: United States Department of Justice (DOJ)
– NLRB General Counsel Proposes Lower Standard for Requiring Employers…
by: Adam C.Abrahms and Steven M.Swirsky
– American Hospital Association Urges DEA to Issue Special Registration…by: Nathaniel M.Lacktman
– EPA Announces $25.7 Million in Grants to Support Water Systems in…
by: EPA
– New York State Expands Workplace Protections for Nursing Employees by: Evandro C Gigante and Laura M.Fant
– Weekly IRS Roundup December 5 – December 9, 2022 by: Tax Practice Group McDermott Will Emery
– CMS Announces Strategy on Value-Based Payments for Specialty Care by: Anahita Anvari
– DOL Proposes Self-Correction Option and Other Changes to Voluntary…by: Justin S Alex
– The City of Los Angeles’ Fair Work Week Ordinance Requires…by: Tomi Oshita
– Considering Using Biometric Information? Adopt a Biometric Policy Now by: Mike H.Holland and Patrick J.
McMahon
– Recent Developments in Telehealth Enforcement by: Sara Helene Shanti and Danielle Vrabie
– ESG INVESTING AND PROXY VOTING: DOL’S NEW FINAL RULE by: Kristina M.Zanotti and Ruth E.Delaney
– IN A NEW YORK MINUTE, Telemarketing Laws Are Changing! by: Angelika Munger
– Fa-La-La Laws: Employer Liability Issues for Office Holiday Parties by: Katharine O.
Beattie and Victoria Stockton Breese
– More Places, Less Spaces: California is Driving Down Development Costs by: Amanda S.Lee
– Bereavement Leave Becomes Mandatory in the Golden State by: Kaleb N.Berhe
– BETO Postpones December 13, 2022, Webinar on SAF Grand Challenge…by: Lynn L.
Bergeson and Carla N.Hutton
– New Year Brings New Laws for Illinois Employers by: Mikela T.Sutrina and Katherine H.Oblak
– Decision in U.S.
v.Holland by: Gabriel L.Imperato
– New Jersey Senate Labor Committee WARNs Effective Date of Amendments…by: Mark Diana and Brandon R.
Sher
– Crypto Punked? Industry Bankruptcies Rattle Markets and Expose Major…by: George P.Angelich and Dan Jasnow
– Global M&A Trends: A Wider Slowdown but Still on Track to Surpass…by: Louis Lehot and Brandee L.
Diamond
– Top Five Labor Law Developments for November 2022 by: Jonathan J.Spitz and Richard F.Vitarelli
– “Cold-Pressed Juice” Lawsuit Permanently Dismissed by: Food and Drug Law at Keller and Heckman
– December 2022 AFS Privacy Report: Pandora’s Virtual Try-On Tool…by: Eva J.Pulliam and D.
Reed Freeman Jr.
– USPTO Releases New Guidelines Shortening the Response Deadline in…
by: Luna M.Samman
– ‘No Exit’: SEC Sanctions Investment Adviser for Impeding…
by: Peter D.Hutcheon
– TradeTalk China: December 2 – December 9, 2022 by: Pablo E.Carrillo and Ludmilla L.Kasulke
– $10.3 Million in Grants Awarded to Improve the Health of Long Island…by: EPA
– RE-STRUC: Tax Changes as of 2023 by: Thomas van der Vliet and Louisa van Isselmuden
European Commission to Start Adequacy Decision Adoption Process for the EU-U.S.Data Privacy Framework
On December 13, 2022, the European Commission launched the process for the adoption of an adequacy decision for the EU-U.S.Data Privacy Framework.If adopted, the long-awaited adequacy decision will provide EU companies transferring personal data to the U.S.
with an additional mechanism to legitimize their transfers.
An adequacy decision would foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union (“CJEU”) judgment in the Schrems II case.
Background
Adequacy decisions are one of the tools offered by Chapter V of the EU General Data Protection Regulation (“GDPR”) in order to legitimize transfers of personal data from the EU to third countries which, according to the EU Commission, provide an adequate level of protection of personal data.
The proposal for a draft adequacy decision marks the culmination of years of intense negotiations between the EU and the U.S., following the Court of Justice’s declaration that the EU-U.S.Privacy Shield Framework was invalid in its Schrems II judgment.
The draft adequacy decision follows President Biden’s signature on October 7, 2022, of the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities, which provides a new framework for legal data transfers between the EU and the U.S.(the “EU-U.S.Data Privacy Framework”).
Key Takeaways
Companies that adhere to the EU-U.S.
Data Privacy Framework by self-certifying and committing to comply with a detailed set of privacy obligations will be able to receive EU personal data without having to put in place additional transfer safeguards.Companies’ commitments when self-certifying to the EU-U.S.Data Privacy Framework include, among others, the requirement to delete personal data when it is no longer necessary for the purpose for which it was collected and to ensure continuity of protection in the event of onward transfers.
Under the new EU-U.S.Data Privacy Framework, Europeans will be offered several redress mechanisms if their personal data is handled in violation of the Framework, including a two-layer redress mechanism.
Under this two-layer redress mechanism, EU individuals will be able to lodge a complaint to the so-called “Civil Liberties Protection Officer” of the U.S.intelligence community and appeal the decision of the Civil Liberties Protection Officer before the newly created Data Protection Review Court (the “Court”).The Court will be competent to investigate and resolve complaints regarding access by U.S.national security authorities to EU individuals’ personal data and to take binding remedial decisions (such as to order the deletion of the data by the relevant intelligence agency).
According to the EU Commission, this mechanism presents significant improvements compared to the redress mechanism that was available under the EU-U.S.Privacy Shield.
Additional limitations and safeguards which specifically aim at addressing the CJEU judgment in the Schrems II case are also included in the EU-U.S.Data Privacy Framework, such as the limitation of U.S.intelligence agencies’ access to European data to what is necessary and proportionate to protect national security.
Next Steps
The European Data Protection Board (“EDPB”) will now provide its opinion on whether the new EU-U.S.Data Privacy Framework is sufficient to ensure an equivalent level of protection for personal data transferred from the EU to U.S.
companies.Afterwards, the approval of the draft adequacy decision by a committee of Member States representatives will be sought.Finally, the European Parliament will also have a right of scrutiny over the draft adequacy decision.
Once the adoption process is complete, the EU Commission can adopt the final adequacy decision.
The adoption process for the EU-U.S.Data Privacy Framework is expected to take around six months.
In the meantime, companies can continue relying on the other transfer mechanisms made available by the GDPR, such as the EU Commission’s Standard Contractual Clauses.
Read the European Commission’s Questions & Answers and the draft adequacy decision..