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On February 14, 2020, the Washington State Senate passed a comprehensive privacy bill that would give state residents new data rights.  LB 6281, known as the Washington Privacy Act (the "Act"), passed the Senate on a 46-1 vote.  The bill will now head to the House for consideration.  A similar bill failed in...
Retailers, restaurant groups, and other merchants are no strangers to complying with the accessibility requirements of the Americans with Disabilities Act (ADA). Not only have merchants long addressed accessibility issues at their brick and mortar locations, in recent years, they have also worked to meet accessibility challenges presented by the intersection...
World Athletics, the international governing body for track and field and other competitive running disciplines, issued a pivotal ruling late last month that allows one of Nike’s controversial VaporFly models, the Next%, to be used in international competition, including the 2020 Tokyo Olympics.  The World Athletics decision imposes restrictions on future...
The Second Session of the 106th Nebraska Legislature convened on January 3, 2020.  Bill introduction concluded on January 23, 2020.  The deadline for Speaker Priority designation is February 19.  The deadline for Senator and Committee priorities is February 21.  A chart of bills related to economic development, municipal law, real estate,...
Late evening on January 28, 2020, the U.S. Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) issued an Important Notice Regarding Individuals’ Right of Access to Health Records (“Notice”). The Notice came just five days after a federal court issued a crushing blow to HHS in a...
During the opening day of the Nebraska legislative session, State Sen. Carol Blood (LD 3) introduced the Nebraska Consumer Data Privacy Act (LB 746) (“Act”), which borrows most of its provisions, almost word for word, from the California Consumer Privacy Act ("CCPA"). In short, the Act, if passed, would place limitations...
The Second Session of the Nebraska Legislature convened January 8, 2020. This Dirt Alert provides an update on certain bills introduced during Days 6-10 of the Second Session related to economic development, municipal law, real estate, renewable energy, taxation, and water/natural resources law. Here is a list of the bills we...
During the opening day of the Nebraska legislative session, State Sen. Carol Blood (LD 3) introduced the Nebraska Consumer Data Privacy Act (LB 746), which borrows most of its provisions, almost word for word, from the California Consumer Privacy Act ("CCPA").  In short, the Nebraska Consumer Data Privacy Act, if passed,...
This month (January 2020), the City Council of Portland, Oregon, will consider a measure that would prohibit private companies from using software that maps a person’s face from a photo or video.  Portland joins a growing list of local, state, and national governments that are attempting to ensure greater consumer privacy...
Advanced Persistent Threats (APT) is a general term to describe government-sponsored hackers or hacking groups.  Iran maintains a robust hacking group which has been responsible for many significant hacking events around the world.  The APT associated with Iran has names such as APT33, APT34, OilRig, and Helix Kitten.  Last year the...
The Second Session of the Nebraska Legislature convened January 8, 2020.  This Dirt Alert provides an update on certain bills introduced during the first five days of the Session related to economic development, municipal law, real estate, renewable energy, taxation, and water/natural resources law. Here is a list of the bills...
During the opening day of the Nebraska legislative session, State Sen. Carol Blood (LD 3) introduced the Nebraska Consumer Data Privacy Act (LB 746), which borrows most of its provisions, almost word for word, from the California Consumer Privacy Act ("CCPA").  In short, the Nebraska Consumer Data Privacy Act, if passed,...
On November 15, 2019, the Centers for Medicare and Medicaid Services (“CMS”) released its final rule for hospitals to publicly post their “standard charges” on the internet. The final rule—partially titled “Price Transparency Requirements for Hospitals to Make Standard Charges Public” and published in the November 27, 2019 edition of the...
On December 12, 2019, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a second enforcement action as part of the HIPAA Right of Access Initiative, an effort by OCR to ensure individuals get access to their medical records promptly. Earlier this year, Bayfront Health St....
On December 20, 2019, President Trump signed into law the Setting Every Community Up for Retirement Enhancement Act of 2019 (the "SECURE Act") as part of the government's end-of-year spending bill.  The new law is designed to strengthen retirement security across the country and includes a number of tax-advantaged changes to...
The United States Supreme Court has refused to decide an appeal by Domino’s Pizza, Inc. (“Domino’s”) that challenged a lower-court opinion requiring the company to ensure its website and mobile app are accessible to people with disabilities. The Supreme Court’s decision to refrain from deciding the case raises questions for businesses...
Technology sometimes outpaces the law.  And those who interpret laws from a bygone era sometimes struggle to adjust to modern circumstances.  That's exactly what happened with employer controlled email systems. When the National Labor Relations Act was passed over 80 years ago, Congress did not fathom that employees might organize unions...
In December, the Department of Homeland Security ("DHS") announced that it is ready to implement recent proposed changes to the H-1B lottery, including:  (1) a requirement for employers seeking to file H-1B cap-subject petitions to first electronically register with the U.S. Citizenship and Immigration Services ("USCIS") during a specified registration period,...
With the compliance deadline of the California Consumer Privacy Act (“CCPA”) quickly approaching on January 1, 2020, many companies are anxious as to how the California Attorney General (“Attorney General”) will prioritize enforcement of the new act. While the enforcement date of the CCPA will not take effect until the earlier...
On November 26, 2019, U.S. Senator Maria Cantwell (D-WA), along with other Democratic senators across four key Senate committees, introduced the Consumer Online Privacy Right Act ("COPRA"), which would expand the rights of people when it comes to how personal data is collected, shared and used.  The move comes after a...

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