Massachusetts employers that are subject to the Commonwealth’s Paid Family and Medical Leave (PFML) program are reminded that important changes relating to the program’s contribution rates and paid benefits are going into effect on January 1, 2023. Moreover, employers must notify all current employees of these upcoming changes by Friday, December 2, 2022.
Recently, the Departments of Health and Human Services, Treasury and Labor (collectively, the Departments), issued Final Rules relating to the 2020 No Surprise Act (NSA), a federal law which prohibits out-of-networks providers (‘OON Providers”) from billing patients for certain out-of-network charges if the patient did not know/consent to the use of the OON Provider (as opposed to the patient selecting an in-network provider for the same product or services). Effective October 25, 2022, the Final Rules are intended to ensure a more balanced approach to negotiations between OON Providers and group health plans and health insurance issuers (“Plans”) regarding payment for out-of-network products or services.
Most businesses realize that intellectual property (IP) is a valuable asset worthy of investment and protection; yet many limit the potential of their portfolio by thinking too narrowly about the full range of IP that is owned and how best to leverage it. Having a clear IP strategy focused upon revenue enhancement can help avoid such limitations, and in-house counsel can play a key leadership role in this work by helping to develop and implement a plan that identifies, protects and monetizes their clients’ IP to the greatest advantage.
Since 2018, the General Data Protection Regulation (GDPR) has wielded a significant impact on privacy practices across the globe. Aside from offering strong protection for the personal data of European Union citizens, GDPR has effected many changes in the way companies conduct business when EU data is part of the equation. Likewise, it has become the gold standard and a model for privacy legislation in many jurisdictions within the United States, as well as around the world.
It’s an unfortunate, yet common, problem. A customer fails to pay their bill in accordance with the agreed upon payment terms. Despite gentle reminders via phone, email and even snail mail, the invoice remains unpaid, leaving you with what feels like last-ditch options. You could hire a collection agency (but their fees will bite into your profit), or send a demand letter threatening legal action (but they all look the same and never seem to work). Finally, you could choose (perhaps begrudgingly) to write off the debt.
Companies that operate e-commerce sites or mobile apps are likely familiar with an online design practice known as digital dark patterns. However, they may not be aware of the Federal Trade Commission (FTC)’s evolving position on such practices, certain of which the FTC has consistently found to be unlawful.. A recent FTC report on the subject (“FTC Report”) offers important insights on common digital dark pattern practices and warns that aggressive enforcement action is likely.
On September 29, 2022, California Governor Gavin Newsom signed into law California Assembly Bill 1278 (AB 1278) which will require physicians and their employers to provide patients with notice of the Open Payments database at the initial office visit. By adopting AB 1278, which goes into effect on January 1, 2023, California becomes the first state to impose this disclosure obligation on physicians.
Exclusive use provisions are common in commercial leases, especially those involving large shopping centers with many tenants. An exclusive use provision allows a tenant to use its premises for an intended specific use (for example, as a restaurant, clothing store or electronics retailer), and restricts other tenants in the shopping center from using their premises for the same or a similar use. Landlords and tenants generally understand what exclusive use provisions are, but often fail to give these provisions the time and attention they deserve when negotiating a lease. If not drafted carefully, an exclusive use provision can create problems for both tenant and landlord.
