The federal No Surprises Act (the “Act”) will go into effect on January 1, 2022. Regulations are expected in July, October and December, 2021. The Act is complicated on its own, but it is designed to recognize and dovetail with pre-existing state No Surprises Acts in a couple of situations. […]
Publications
Cyber Security from the Desk of the President
President Biden signed an Executive Order[1] in May 2021 directing federal agencies to take several proactive steps to help the nation defend against cyber security attacks. The Order is drafted with very specific implementation steps, which is a departure from prior orders. Prior executive orders were often purposefully vague, leaving […]
Supreme Court Applies Fair Use Doctrine to APIs
Earlier this term, in Google LLC v. Oracle America, Inc. the Supreme Court issued an impactful ruling holding that Google’s use of Oracle’s application programming interfaces (APIs) did not constitute copyright infringement under the fair use doctrine. Importantly, the Supreme Court did not decide whether such APIs were copyrightable –leaving […]
State Data Privacy Legislation Update
Colorado Earlier this month, Colorado joined California and Virginia as the third state to pass a comprehensive consumer data privacy bill. The Colorado Privacy Act (“CPA”) is a broad privacy law that applies to entities that produce products or services targeted to Colorado residents that either (i) control or process […]
Nebraska Supreme Court Expands Municipalities’ Authority to Annex Adjacent Agricultural Land
In two decisions it issued on May 28, 2021, the Nebraska Supreme Court made significant new law regarding annexations. It clarified the standard under which a municipality may annex adjacent agricultural land. It also set forth the factors that make agricultural land urban or suburban in character, thus eligible for […]

