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ON-DEMAND INSIGHTS

Biden Administration Proposes Stricter Buy American Act Requirements

Biden Administration Proposes Stricter Buy American Act Requirements

August 27, 2021 at 11:02 AM - Federal Acquisition Regulations,

On July 30, 2021, the Biden Administration issued a proposed amendment to the Federal Acquisition Regulations (FAR), the comprehensive and overarching regulatory framework for federal government contracts, in support of President Biden’s Executive Order 14005 issued on January 25, 2001 (“Executive Order”). The objective of the Executive Order – aptly entitled “Ensuring the Future is Made in America by All of America’s Workers” - is to “maximize the use of goods, products, and materials produced in, and services offered in, the United States.” The proposed amendment to the FAR (“FAR Amendment”) is intended to bolster this policy objective, as well as support the fulfillment of Biden’s promise to strengthen the nation’s manufacturing base.

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It’s Time to Notice Your Notice Provisions

It’s Time to Notice Your Notice Provisions

August 24, 2021 at 2:13 PM - commercial contracts,

As the Covid-19 pandemic wears on, forcing businesses to continue suspending or terminating contracts, it seems the oft-overlooked notice provision is finally having its day. Although notice provisions can take a multitude of forms, many are proving to be antiquated or problematic, especially considering the substantial changes to the way we work. To that end, now may be a great time to review the notice provisions in your form contracts and make adjustments where needed.

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Connecticut Prohibits Age Inquiries on Initial Employment Application

Connecticut Prohibits Age Inquiries on Initial Employment Application

August 4, 2021 at 10:40 AM - age discrimination,

On June 24, 2021, Connecticut Governor Ned Lamont signed into law Public Act 21-69, “An Act Deterring Age Discrimination in Employment Applications.” The new law, which goes into effect on October 1, 2021, amends Connecticut’s Fair Employment Practices Act to prohibit employers from inquiring about the ages of applicants “on an initial employment application.”

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New State Privacy Laws in Virginia and Colorado

New State Privacy Laws in Virginia and Colorado

August 2, 2021 at 3:37 PM - Privacy,

In the absence of federal privacy legislation and in response to growing public concern over businesses’ use of personal data here in the U.S., more states are filling the void that exists in the area of consumer privacy protection. Earlier this year, Virginia passed the Virginia Consumer Data Protection Act (CDPA), and more recently, Colorado introduced the Colorado Privacy Act (CPA) on July 7th, 2021. Both of these laws will take effect in 2023.

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Retroactive Change to California's Pay Premium Calculation

Retroactive Change to California's Pay Premium Calculation

July 28, 2021 at 12:58 PM - employee policies,

On July 15, 2021, the California Supreme Court handed down a decision which will have a significant impact on the way employers must pay hourly/non-exempt employees for missed meal periods, rest periods, and heat illness recovery periods. In Ferra v. Loews Hollywood Hotel, LLC, the Court held that such payments must be made at the “regular” rate of pay, not the base hourly rate. The court’s decision also will have a retroactive effect, meaning that employers must immediately change payroll practices and potentially pay employees back wages for the last four years.

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New York HERO Act: What You Need to Know

New York HERO Act: What You Need to Know

July 20, 2021 at 2:42 PM - workplace health and safety,

As employers have been working through post-pandemic office reopening plans, those with employees in New York must be mindful of additional issues and compliance obligations. In May, Governor Cuomo signed into law the New York Health and Essential Rights Act (“HERO Act”), which amended NY Labor Law to codify extensive health and safety directives. This law applies to all private employers with at least one employee at any worksite located in New York, unless already covered by federal OSHA’s emergency temporary standard for COVID-19.

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10 Tips to Bolster a Licensee’s Source Code Escrow Protections

10 Tips to Bolster a Licensee’s Source Code Escrow Protections

July 8, 2021 at 12:45 PM -

When licensed software lies at the heart of a product or service, the licensee must consider how its business could be impacted in the event access to the software is suddenly disrupted (i.e., the licensor goes out of business). In some cases, the licensee’s contingency plan may include exercising a negotiated option to purchase a license to the software’s source code directly from the licensor; or if the software is easily replaced, finding an alternate vendor. When a source code license is not available and/or the software is not easily replaced, however, the licensee often considers a source code escrow arrangement.

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GDPR-Compliant Organizations: Why You May Need an EU Representative

GDPR-Compliant Organizations: Why You May Need an EU Representative

July 7, 2021 at 11:14 AM - GDPR,

The General Date Protection Regulation (GDPR) made its debut on the global privacy stage in 2018, and now, three years later, most U.S. companies doing business in the EU are well-aware of the regulation’s main provisions and their daily operational impact. However, the GDPR’s rules are expansive; and as a result, some of its “lesser known” articles have been overlooked by a number of smaller companies with limited in-house privacy resources.

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Outside GC is an innovative approach to legal services for growing and mature businesses. Companies who engage Outside GC fall into two main categories: (1) those without in-house counsel who need regular, on-going legal support but do not wish to hire a full-time in-house lawyer, and (2) those with in-house counsel who do not wish to add more full-time resources to their existing in-house staff. Contact us to speak to one of our on-demand attorneys.