Earlier this month, the New York Department of Financial Services (“NYDFS”) announced that it had finalized the Second Amendment to its “first-in-the-nation” cybersecurity regulation, 23 NYCRR Part 500. This Amendment implements many of the changes that NYDFS originally proposed in prior versions of the Second Amendment released for public comment in November 2022 and
Second Circuit Revives Mislabeling Claims Over “Reef Friendly*” Sunscreen
The Second Circuit recently revived a putative class action asserting false advertising and breach-of-warranty claims over “Reef Friendly*” sunscreen, providing another cautionary tale of how claims involving potentially ambiguous marketing language can survive a motion to dismiss even when clarifying language appears elsewhere on the product package.
In Richardson v. Edgewell, plaintiff challenged the…
Brazilian Government Opens Consultation on New Foreign Trade Strategy
The Government of Brazil has initiated a public consultation offering companies, business associations or civil society organizations an opportunity to comment on the country’s proposed new foreign trade strategy.
The consultation was initiated by the Foreign Trade Board (CAMEX), Brazil’s federal government interagency mechanism to coordinate the country’s trade policy. CAMEX is part of the…
CJEU Holds That GDPR Right of Access Overrules Local Laws
On October 26, 2023, the European Court of Justice (“CJEU”) decided that the GDPR grants a patient the right to obtain a copy of his or her medical record free of charge (case C-307/22, FT v DW). As a result, the CJEU held that a provision under German law that permitted doctors to ask their patients to pay for the costs associated with providing access to their medical record is contrary to EU law.
Newly Issued DOJ Guidance Adds Significant New Requirements for Criminal Investigations Relating to Congress
This week, the Department of Justice (DOJ) released a new memorandum from Deputy Attorney General Lisa Monaco updating its policies and procedures for criminal investigations involving Members of Congress and congressional staff.
DOJ emphasized that investigations reaching Congress are important and “sensitive matters,” and explained that the additional guidance would address the “unique challenges”…
ASBCA Issues Annual Report, Providing Data on How Often Contractors Prevail
The Armed Services Board of Contract Appeals has issued its annual report for FY 2023, shedding light on how often contractor appeals reach a successful result, and what agencies are most frequently involved in contract litigation.
New York Employers Beware: New Employment Laws Are In Effect And On The Horizon
New York lawmakers have been busy enacting a number of laws and regulations in 2023 that impose new requirements on employers, several of which have recently taken effect. New York employers may need to update their policies, agreements, and practices to comply with the new laws, as summarized below.
Calculating and Reporting Greenhouse Gas Emissions: A Primer on the GHG Protocol
Laws and regulations that require companies, both private and public, to disclose their greenhouse gas (GHG) emissions continue to expand in the European Union and in the United States. Under the EU Corporate Sustainability Reporting Directive (CSRD), beginning in 2025, EU-based public companies and large EU-based private companies will be required to report all material Scope 1, 2, and 3 GHG emissions as set forth in the European Sustainability Reporting Standards. In the United States, California recently passed landmark climate-related disclosure legislation that will require U.S. companies that do business in California and have greater than $1 billion in annual revenues to file annual reports publicly disclosing their Scope 1 and 2 GHG emissions beginning in 2026 and Scope 3 GHG emissions in 2027. This legislation is expected to be joined by the U.S. Securities and Exchange Commission’s (SEC) proposed climate-related disclosure rule. Initially proposed in March 2022, if finalized, the SEC rule would require public companies to disclose their Scope 1 and Scope 2 emissions and material Scope 3 emissions. And later this year, world policymakers, activists, and business leaders will convene at COP28 to discuss global progress towards achieving the net-zero GHG emissions targets set by the Paris Agreement.
The Greenhouse Gas Protocol (GHG Protocol) sits at the center of all these efforts. Established by the World Resources Institute and the World Business Counsel for Sustainable Development in 2001, the GHG Protocol establishes comprehensive standards for private and public entities to calculate and report their GHG emissions and track progress towards their emissions targets.
Italian Garante Issues Guidance on the Use of AI in the Context of National Healthcare Services
On October 12, 2023 the Italian Data Protection Authority (“Garante”) published guidance on the use of AI in healthcare services (“Guidance”). The document builds on principles enshrined in the GPDR, national and EU case-law. Although the Guidance focuses on Italian national healthcare services, it offers considerations relevant to the use of AI in the healthcare space more broadly.
We provide below an overview of key takeaways.
Eleventh Circuit Upholds Blue Cross Blue Shield Subscriber Settlement Over Antitrust and Public Policy Objections
On October 25, 2023, the Eleventh Circuit overruled several objections to a $2.67 billion antitrust class action settlement agreement that was the product of years of negotiations between Blue Cross and classes of its past and present health plan subscribers. Two objections, raised by Home Depot, focused on (i) the settlement’s release of antitrust claims arising from Blue Cross’s conduct, and, relatedly, (ii) the adequacy of representation for an injunctive class of plaintiffs who might have future claims based on that conduct.