News Type: Articles

Nicole Zayac’s and David Hauge’s article, “Uniformity Vs. Autonomy In Insurance Regulation: Part 2,” was published in Law360 on February 8, 2017.

From the article…

“Faced with this increased federal interest in regulating insurance and industry pressures towards uniformity in the support of efficiency, state insurance regulators have felt the need to prove the value and success of the state-based insurance regulatory system. They note that the insurance industry exhibited a high level of stability vis-a-vis other financial institutions during the 2008-2009 financial crisis, in part due to long standing institutions and traditions of state insurance regulation. However, while this clear example of the system working is readily identifiable, state regulators also face pressures to demonstrate their flexibility and responsiveness as new businesses and technologies, such as cybersecurity concerns, issues of liability in the “sharing economy”, and liability issues raised my new technological developments (i.e. drones and autonomous and semiautonomous vehicles), arise that affect the insurance industry.”

View Part 1 of the Article HERE

Lara A. Shortz’ article, “Suitable seating laws: Do not read while standing” was published in Hotel News Now on May 23, 2017.

From the article . . .

“Picture this: a grand and bustling hotel lobby bathed in light, impeccably designed and furnished with beautiful seating areas where guests lounge and enjoy. Adjacent to the stunning lobby, and just steps from the hotel’s entrance, is the busy front desk, staffed by attentive, smartly dressed employees answering questions, checking guests into rooms and otherwise accommodating all those who approach them.

Noticeably absent from anywhere behind the front desk, however, is a place for these employees to sit. And while it is no surprise that the hotel staff is not provided with plush chairs and couches like those adorning the lobby, the lack of suitable seating could raise red flags given the California Supreme Court’s relatively recent clarification of the issue in Kilby v CVS Pharmacy. That lawsuit, brought on behalf of pharmacy cashiers and bank tellers, alleged that CVS violated certain California wage orders issued by the California Industrial Welfare Commission.”

Kelly Hagemann’s article, “10 ways private equity investors evaluate addiction treatment centers,” was published in the Behavioral Healthcare Executive on February 13, 2017.

From the article…

“In recent years, there has been a flood of private equity (PE) investment into the addiction treatment community, fueled in large part by the Affordable Care Act’s requirement that health plans cover treatment for substance abuse disorders, including for those patients with pre-existing conditions. However, investors are entering a market with numerous variables and considerable grey area, as the qualitative and quantitative differences between addiction treatment operations can be vast. Below are 10 things private equity groups look at to ensure a significant return on their investment in the addiction treatment sector.”

Christopher Kim’s article, “Sayta v. Chu: Are You Following the Requirements to Invoke the Protections of Code of Civil Procedure Section 664.6,” appeared in the Spring 2018 edition of the Association of Business Trial Lawyers (ABTL) Report.

Major players in the gaming industry have pioneered a creative legal theory to address cheating in video games. Indeed, litigation is being filed by such heavy-hitters as gaming developer Epic Games, which is leveraging copyright law against cheaters. Ground zero for such cases – is its game Fortnite: Battle Royale.

Craft brewers are a clever bunch. Just a cursory glance down the beer aisle at a nearby market proves the point. Product with names like Irish I Was A Little Bit Taller (Noble Ale Works), Smooth Hoperator (Stoudts Brewing Co.) and Baby Got Bock (Horny Goat Brewery) are just the tip of the witty iceberg.

Yet, while puns and cultural references may all be in the spirit of fun, they can also spell trouble if not chosen carefully. Case in point, Guns ‘N’ Rosé — a light and fruity ale by CANarchy Craft Brewery (formerly Oskar Blues Brewery) with a tongue-in-cheek reference to ’80s rock band Guns N’ Roses. It is clever and most consumers would understand this moniker to be merely wordplay, and not an endorsement, license or other affiliation with Axl Rose, Slash and company. But the band wasn’t amused, and its attorneys took action against CANarchy in the form of a federal complaint, filed this May, alleging trademark infringement and dilution.

Pay equity has taken its rightful place in the news cycle. More than ever, “equal pay for equal work” is a message that is being heard loud and clear.

Gaps in pay equity should be on the radar screens of those seeking to purchase, invest in or strategically partner with a given entity as well, given their prevalence and possible impact on company operations.

Potential stakeholders must do a deep dive into a target’s compensation structure to ensure that they are not buying into trouble in connection with and investment, acquisition, licensing deal or other business arrangement.

An article by Peter Cifichiello titled, “New York’s Push for Legalized Cannabis: We’ve Heard This Story Before,” was published in Cannabis Industry Journal on February 5, 2020.

An article by Michael Poster titled, “Negotiating and Drafting Morals Clauses: Lessons From Tavis Smiley,” was published in Corporate Counsel on February 10, 2020.

Following the European Union’s General Data Protection Regulation (GDPR), California recently jumped on the data privacy bandwagon when Gov. Jerry Brown signed the California Consumer Privacy Act into law in June. The new data privacy law—which was unanimously approved by the state legislature and is the strictest in the United States—is slated to go into effect Jan. 1, 2020. According to the Assembly Committee on Privacy and Consumer Protection, it gives Californians the right to know what personal information (PI) is being collected about them, whether their PI is being sold and to whom, the right to access their PI, the right to delete PI collected from them, and the right to opt-out to the sale of their PI. Further, children under 16 must actually opt in for their information to be sold.