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AD-ttorneys@law – May 2021 #3

By EsqSocial Corporation 19/05/21

CARU Pats Unity Technologies on Back, Sends It on Its Way - Inquiry into possible COPPA violations finds the company clean as a whistle - Kumbaya - Normally our newsletter is filled with reports of chicanery, misrepresentation, and fraud—or accusations of the same, at the very least.

Newly Proposed Rule Regarding Organ Acquisition Payment Policies

By EsqSocial Corporation 19/05/21

On April 27, 2021, CMS issued its Fiscal Year 2022 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Care Hospital (LTCH) Rates Proposed Rule (CMS-1752-P), in which it proposes several changes to organ acquisition payment policies that would enable Medicare to more accur

What Employers Need to Know About the DOL’s Changing Positions on Who is an Independent Contractor

By EsqSocial Corporation 19/05/21

Near the end of President Trump’s term in office, the U.S. Department of Labor (“DOL”) issued a new rule for determining the difference between “employees” and “independent contractors” under the Fair Labor Standards Act (“FLSA”).

To Mask or Not to Mask: Challenges in Following the Updated CDC Guidance

By EsqSocial Corporation 19/05/21

On May 13, 2021, the Center for Disease Control (“CDC”) published guidance indicating that fully vaccinated individuals do not need to wear a mask or physically distance in certain indoor and outdoor environments, except where otherwise required by federal, state, local, tribal, or territorial la

COVID-19 Medical Products Supply Chain Week in Review - May 2021 #3

By EsqSocial Corporation 19/05/21

In the past week, the FDA authorized the Pfizer/BioNTech COVID-19 vaccine for adolescent use and updated its inspection guidance again. In addition, President Biden announced that the U.S. had reached the 250 million vaccine shot milestone....

COVID-19: Returning to a Mask-Free Workforce? Not Quite Yet

By EsqSocial Corporation 19/05/21

On 13 May 2021, the Centers for Disease Control and Prevention (CDC) issued new guidance, stating that individuals who are fully vaccinated against COVID-19 “can resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal, or territoria

Discoverability and Fraudulent Misrepresentation

By EsqSocial Corporation 19/05/21

The date a limitation period begins depends on when the claim was discovered. The recent decision of the Ontario Court of Appeal in Kaynes v. BP, PLC clarifies the law of discoverability under the Limitations Act, 2002, S.O. 2002, c.

CMS and CDC Update Guidance for Nursing Home Staff Testing and Work Restrictions

By EsqSocial Corporation 19/05/21

While attention regarding newly released guidance from the Centers for Medicare and Medicaid Services (CMS) and Centers for Disease Control and Prevention (CDC) on nursing home testing, visitation, and communal activities has focused on the impact on residents, the guidance also addresses testing

Two (Out of Three) Thumbs Down: Divided Ninth Circuit Panel Rules Rigged Product Reviews Can Be Actionable False Advertising

By EsqSocial Corporation 19/05/21

When you’re in the market for a fresh haircut or a new restaurant, innumerable business and product reviews are available to guide you towards a cleaner trim or tastier takeout.

USTR: Section 301 Tariffs Expected in Response to Digital Services Taxes Imposed by Six Countries

By EsqSocial Corporation 19/05/21

In June 2021, the Office of the United States Trade Representative (USTR) will likely announce its decision on tariffs authorized by Section 301 of the Trade Act of 1974, as amended, on certain imports from Austria, India, Italy, Spain, Turkey, and the United Kingdom in response to the digital se

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