On December 12, 2023, the Department of Justice (“DOJ”) issued guidance related to the process by which companies may request the United States Attorney General authorize delays of cyber incident disclosures, pursuant to a new Securities and Exchange Commission (“SEC”) rule. As a reminder, the SEC rule (which went into effect on Dec. 18, 2023) requires companies to disclose material cyber incidents via Form 8-K within four days of making a materiality determination. Our colleagues previously discussed the SEC rule … Read the rest
Since 2020, most retirement funds have been faced with a situation where participating employers have failed to comply with section 13A of the Pension Funds Act, 1956 (PFA), by either underpaying employer or member contributions or not paying at all. The non-payment of contributions attracts late payment interest in terms of section 13(7) of the PFA.
It is against this background that the Financial Sector Conduct Authority (FSCA) repealed Regulation 33, which governed payment of pension fund contributions and … Read the rest
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In 2016, a Minnesota county sold 94-year-old Geraldine Tyler’s condo at auction after she failed to pay her property taxes for several years. The sale yielded $ 40,000; Hennepin County kept not only the $ 15,000 in taxes, penalties, and costs that Tyler owed it, but also the $ 25,000 that was left over. The Supreme Court on Thursday ruled that the county’s actions violated the Fifth Amendment’s takings clause, which bars the government from taking private property for … Read the rest
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Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not.
The case involves an online payday lending operation of the Lac du Flambeau Band of Lake Superior Chippewa Indians. Brian Coughlin borrowed money from the Band’s lending operation. When he then filed for bankruptcy the Band ignored the … Read the rest
Written by: Sharon MaylMatthew Piscitelli
On November 15, FDA issued the long-awaited Final Rule: Requirements for Additional Traceability Records for Certain Foods (Food Traceability Rule or final rule), which establishes additional traceability recordkeeping requirements for those that manufacture, process, pack or hold certain foods.
More specifically, the final rule identifies Key Activities or Critical Tracking Events (CTEs) along the supply chain where records containing Key Data Elements (KDEs) will have to be created and maintained for foods on the Food Traceability List … Read the rest
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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
Last term, the court dismissed as improvidently granted, or “DIG”ed, a case brought by Republican-controlled states challenging the government’s repeal of a Trump-era immigration policy known as the “public charge” rule. In a concurring opinion, Chief Justice John Roberts noted that the court’s DIG did not reflect “the appropriate resolution … Read the rest
– COMMENTARY –
“Like getting the rug pulled out from under us.” That’s how some farmers react when hearing about the FDA’s sudden and unexpected change in food safety requirements for the use of agricultural water before harvesting a crop.
The original compliance date was January 2022, but the Food and Drug Administration has delayed it.
Because agricultural water can be a major pathway for pathogens, the Food Safety Modernization Act’s produce ag-water rule originally established microbial quality standards for … Read the rest
FTC Releases New Health Breach Notification Rule Guidance, Targets Health Apps and Connected Devices
In a new post on the Covington Digital Health blog, our colleagues discuss recently announced Federal Trade Commission (“FTC”) guidance meant to help companies determine their obligations under the Health Breach Notification Rule (the “Rule”). The guidance follows the FTC’s September 2021 Policy Statement, which expanded the Rule’s application to the developers of health apps, connected devices, and similar products, and similarly emphasize the FTC’s continued scrutiny of health technology. The post walks through the new guidance documents, which, notably, … Read the rest