Following up on previous guidance, Steven Peikin, Co-Director of the SEC Division of Enforcement (“Enforcement”), provided updated detail on Enforcement’s response to the COVID-19 pandemic in a virtual keynote address last...more
On April 2, Securities and Exchange Commission (SEC) Chairman Jay Clayton announced that despite the COVID-19 emergency, the SEC will not extend the June 30 deadline for compliance with Regulation Best Interest (Reg BI) and...more
It’s been a month since colleges began sending students home due to the COVID-19 crisis, but many are still struggling with how to address the potential for refunds of tuition, room, and board. Most schools are offering...more
4/10/2020
/ Anti-Discrimination Policies ,
Best Practices ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
Foreign Students ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Refunds ,
Risk Management ,
Student Housing ,
Students ,
Tuition ,
Universities
On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed...more
On March 24, 2020, the Massachusetts Department of Public Health (DPH) issued a Public Health Advisory which directs individuals over the aged 70 and those with underlying health conditions to stay at home, and requires all...more
Editors’ Note: This is the fifth in our fourth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Our previous entry discussed the CCPA, energy, Brexit, and health...more
1/13/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
State Attorneys General
Thanks to inexact language in a settlement agreement, a for-profit hospital chain can challenge whistleblowers’ eligibility for attorneys’ fees under the False Claims Act (“FCA”). The single sentence that spawned nearly 5...more
10/10/2019
/ Ambiguous ,
Attorney's Fees ,
Contract Drafting ,
Contract Interpretation ,
Extrinsic Evidence ,
False Billing ,
False Claims Act (FCA) ,
Government Investigations ,
Health Care Providers ,
Healthcare Fraud ,
Hospitals ,
Remand ,
Settlement Agreements ,
Unlawful Practices ,
Whistleblowers ,
White Collar Crimes
On November 16, 2018, the U.S Education Secretary Betsy DeVos released proposed regulations designed to overhaul how colleges address allegations of sexual misconduct. The long-awaited rules—leaked drafts of which have been...more
The EU-US Privacy Shield, a framework that allows companies to transfer personal data from the EU to the US in compliance with the GDPR, has been under fire for not providing adequate protection to EU citizens. As Foley...more
Editors’ Note: This is the third of a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Up next: trends in state enforcement....more
As we’ve blogged in the past, the cannabis industry is particularly susceptible to cyberattacks. With threats like a federal crackdown and workplace drug testing, customers have a vested interest in keeping their information...more
The Federal Trade Commission (FTC) has been a critically important regulator of cybersecurity practices in the US, using its authority under Section 5 of the FTC Act to bring enforcement actions against companies for failing...more
Legal marijuana is America’s fastest-growing industry. According to ArcView Market Research, cannabis revenue is expected to exceed $22 billion by 2020—nearly double that of the NFL. This past year, Colorado saw its sales...more