The new EU-wide cyber law, Directive 2022/2555 (NIS2), entered into force on Monday, January 16, 2023. NIS2 builds on the original NIS Directive but significantly expands the categories of organizations that fall within the scope of the law, imposes new and more granular security and incident reporting rules, and creates a stricter enforcement regime. Member
Ninth Circuit Holds COPPA Does Not Preempt Consistent State Law Claims Premised on COPPA Violations
The Ninth Circuit recently held that the Children’s Online Privacy Protection Act, which gives the Federal Trade Commission authority to regulate the online collection of personal information from children under the age of 13, does not preempt consistent state law, potentially increasing the risk of class action litigation based on alleged COPPA violations. See Jones
Court of Justice of the EU Decides that GDPR Right of Access Allows Data Subjects to Request the Identity of Each Data Recipient
On January 12, 2023, the Court of Justice of the EU (“Court”) decided that the GDPR’s right of access gives a data subject the choice between asking a controller for (i) the identity of each data recipient to whom the controller will or has disclosed the data subject’s personal data or (ii) only the categories
The EU Foreign Subsidies Regulation enters into force
Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market (FSR) entered into force on 12 January 2023 and will start to apply as of 12 July 2023.
The FSR creates a brand new instrument to fill a regulatory gap, by preventing foreign
The Northern Ireland Conundrum: A Path Forward?
A Re-cap
The Good Friday Agreement (GFA)
The 1998 GFA brought an end to the 30 years of violent sectarian strife, euphemistically known as ‘The Troubles’. The GFA was carefully constructed so as to balance the competing positions of both communities and to remove all infrastructure on the border between N and S Ireland. Importantly,
Employers Can Continue to Cover Telehealth Benefits Before HDHP Deductible Is Met
Recent legislation allows employers to continue offering first-dollar telehealth coverage without jeopardizing the ability to contribute to a health savings account (“HSA”), but only through the end of the 2024 plan year.
Background – HSA Eligibility
Employees can make and receive pre-tax contributions to HSAs to use for qualified medical expenses. To be “eligible” to
FY2023 NDAA Makes Notable Changes to FedRAMP Program
On December 23, 2022, President Biden signed the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (the “FY2023 NDAA”) into law. As described in Covington’s Client Alert, FY23 NDAA: Provisions of Interest for Almost All Government Contractors, the FY23 NDAA contains provisions of interest for almost all U.S. Government contractors. One
The UK’s new subsidy control regime comes into force
On 4 January 2023, the UK’s new subsidy control regime came into force, implementing a new subsidy regulation framework designed for the post-Brexit era. Underpinned by the Subsidy Control Act 2022 (the “Act”), related statutory instruments and government guidance, the new regime aims to grant public authorities the power to design and award subsidies in
A Closer Look: The Rise of Class Actions in the UK and the EU
From the implementation of the EU Representative Actions Directive to an explosion of claims in the UK Competition Appeal Tribunal, coupled with an ever-increasing role for litigation funders, class actions in both the UK and the EU are now taking off. We take a look at some of the key developments below.
Leaving a Bitter Taste: Class Action Lawsuits Alleging Lead and Cadmium in Dark Chocolate
Dark chocolate manufacturers have recently been hit with a wave of putative class action complaints in New York and California federal courts, alleging that the confectioners breached an implied warranty of merchantability and engaged in misleading advertising by failing to disclose the levels of lead and cadmium in their dark chocolate products. According to the