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Supreme Court

Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process

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

Civil Law

Guest Blog: FDA issues Food Traceability Final Rule: key takeaways for the industry

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

Supreme Court

Litigation continues over public charge immigration rule

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

Civil Law

FDA’s new proposed food-safety ag water rule no slam dunk

– 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

Civil Law

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

Civil Law

Supreme Court Halts Implementation of OSHA Vaccine-or-Test Rule (US)

In a per curiam majority decision issued on January 13, 2022, the United States Supreme Court stayed the implementation of the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) that would have obligated employers with 100 or more U.S. employees to require proof of COVID-19 vaccination or weekly COVID-19 testing, plus imposed face covering and other mitigation strategies. Last month, the Sixth Circuit Court of Appeals lifted another federal appellate court’s earlier stay of the ETS, leaving … Read the rest