News & Analysis as of

State and Local Government Safe Harbors

Perkins Coie

Minnesota and Tennessee Consumer Privacy Laws Now in Effect: Key Compliance Considerations

Perkins Coie on

The comprehensive consumer privacy laws of Minnesota and Tennessee have recently taken effect, with the Minnesota Consumer Data Privacy Act (MCDPA) operative as of July 31, 2025, and the Tennessee Information Protection Act...more

Jackson Walker

One Big Beautiful Bill Act Increases Deduction for State and Local Tax but Fails to Address Nexus Concerns

Jackson Walker on

In welcome news for individual taxpayers, the One Big Beautiful Bill Act temporarily increases the “SALT cap” – the limit on the amount of the income tax deduction for state and local income, sales, and property taxes – from...more

Morrison & Foerster LLP - Class Dismissed

California Updates Prop 65 Short-Form Warning Requirements

On January 1, 2025, new regulations governing Proposition 65’s so-called safe-harbor warnings went into effect. Proposition 65 requires businesses that employ 10 or more persons to provide “clear and reasonable” warnings on...more

Perkins Coie

Washington Department of Ecology's Interim Policy on Lead in Cosmetics

Perkins Coie on

The Washington State Legislature passed the Toxic-Free Cosmetics Act (TFCA) in 2023, which restricts the sale of cosmetic products containing certain chemicals, including lead and lead compounds. Effective January 1, 2025,...more

Sheppard Mullin Richter & Hampton LLP

Impact of Tennessee’s Cybersecurity Class Action Safe Harbor

Tennessee has joined a handful of other states to provide certain safe harbors in the cybersecurity realm. Unlike others, the law sites beside -but does not modify- the states’ data breach notification law. Also unlike...more

Shook, Hardy & Bacon L.L.P.

Florida Legislature Passes Data Breach Immunity Legislation

The Florida legislature passed a bill that provides immunity to companies that suffer a data breach. The immunity is conditioned on the company: (1) complying with the notice requirements of Florida’s data breach notification...more

Bradley Arant Boult Cummings LLP

Florida Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs

A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more

Holland & Knight LLP

Federal and Florida Officials Discuss Enforcement Priorities, How Companies Can Minimize Risk

Holland & Knight LLP on

Holland & Knight, the Florida Chamber of Commerce, Greater Miami Chamber of Commerce and Miami-Dade Chamber of Commerce hosted the 2023 Florida Enforcement Summit on Oct. 18, 2023. The half-day program focused on current...more

Davis Wright Tremaine LLP

New Iowa Legislation Creates Cybersecurity Safe Harbor

Iowa becomes the fourth U.S. state to provide an affirmative defense for companies that adopt a cybersecurity framework - Iowa is the fourth state—following Ohio, Connecticut, and Utah—to provide a statutory incentive for...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 Edition

This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more

McDermott Will & Schulte

New York Says Less Than 10% Ownership Is Not a Safe Harbor

On April 19, 2022, the New York Department of Financial Services (NYDFS) issued Circular Letter No. 5, reminding owners and potential purchasers of shares of insurance companies that acquiring less than 10% of the company’s...more

Verrill

Maine Legislature Adopts Major Revision to Its Net Energy Billing Program

Verrill on

On July 1, 2021, LD 936, An Act To Amend State Laws Relating to Net Energy Billing and the Procurement of Distributed Generation became law after Maine Governor Janet Mills allowed the legislatively enacted bill to go into...more

Jones Day

Connecticut Expands Data Breach Notification Requirements and Establishes a Cybersecurity "Safe Harbor"

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Connecticut has become the third state to enact a cybersecurity safe harbor statute. On June 16 and July 6, 2021, Connecticut Governor Ned Lamont signed two new cybersecurity laws that continue the national trend of...more

Buckingham, Doolittle & Burroughs, LLC

Out-of-State Remote Workers may Create Substantial Nexus as COVID-19 Protections Expire

In response to the COVID-19 pandemic, as work-from-home became the norm, many states provided safe harbors such that remote workers teleworking in the state would not create nexus for corporate income tax and sales / use tax...more

Sheppard Mullin Richter & Hampton LLP

Wyoming Takes the Lead With Decentralized Autonomous Organizations

It is called the Cowboy state for a reason. With varied terrain and a hearty population Wyoming has long been a haven for independent thinkers and doers – pioneers. The Wyoming legislature recently underscored that truth with...more

Alston & Bird

2021 Developments in State Cybersecurity Safe Harbor Laws

Alston & Bird on

Only four months in and 2021 has already been a big year for state cybersecurity safe harbor legislation. Two states, Utah and Connecticut, have recently enacted or introduced a breach litigation safe harbor to incentivize...more

Wiley Rein LLP

Utah Establishes a Legal Safe Harbor for Companies That Adopt Data Security Programs

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Utah has become the second state to establish a legal safe harbor for private-sector entities that follow certain cybersecurity best practices. On March 11, 2021, Utah’s Governor Spencer Cox signed into law the Cybersecurity...more

Cole Schotz

New York Passes Employment Protections For Recreational Cannabis Use

Cole Schotz on

On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more

Cozen O'Connor

California Adopts Emergency Cannabis Regulations

Cozen O'Connor on

California’s Bureau of Cannabis Control has announced that on February 1, 2021, the Office of Administrative Law approved the adoption of emergency regulations implementing processes for cannabis businesses to authorize the...more

Akerman LLP - SALT Insights

In Search of Revenue – Chicago Issues Bulletin on Economic Nexus For Streaming and Cloud Services

On January 21, 2021, the City of Chicago’s Department of Finance issued an informational bulletin clarifying its position regarding economic nexus for Chicago’s amusement tax as applied to streamed amusements and Chicago’s...more

Bradley Arant Boult Cummings LLP

Final Regulations on Business Donations to Scholarship-Granting Organizations Make for Good Year-End Tax Planning (and Support a...

In August, the U.S. Treasury Department and the Internal Revenue Service issued final regulations on the deductibility of payments of cash or in-kind donations to certain tax-exempt organizations if the donor receives in...more

Perkins Coie

Employee Benefit Plan Developments—2020 Year in Review

Perkins Coie on

Employee benefits professionals have faced many challenges in 2020. We have seen remarkable changes to state and local requirements, an onslaught of new benefits legislation and governmental policies, shifting reporting and...more

Snell & Wilmer

Let’s Stay Out of the Weeds – Arizona’s Recreational Marijuana Proposition

Snell & Wilmer on

This November, Arizona voters will decide whether to legalize the recreational use of marijuana. One burning question for employers: How does this impact operations? We consider some of the issues here....more

Morrison & Foerster LLP

New York State Legislature Considers COVID-19 Rent And Mortgage Relief Bill

The Rent and Mortgage Cancellation Act of 2020, introduced on July 10, 2020 by Assemblymember Yuh-Line Niou (D) and Senator Julia Salazar (D), proposes to cancel residential rent payments and mortgages for small homeowners...more

Schwabe, Williamson & Wyatt PC

SBA Issues Additional PPP Rules on Effect of State and Local COVID-19 Orders and Other Items on Loan Forgiveness

The Small Business Administration (“SBA”) issued another Interim Final Rule (SBA-2020-0038) on June 22, 2020 (“IFR”) clarifying certain issues surrounding the forgiveness of Paycheck Protection Program (“PPP”) loans. For the...more

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