Mac Parent LLC v. North American Elite Insurance Company, Index No. 906489/2020, Supreme Court, Albany County
On March 29, 2021, Justice Richard J. Platkin, of the Albany County Commercial Division, dismissed an insurance coverage dispute pursuant to CPLR § 3211(a)(4) due to another action that was pending in New York County, making clear that
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As many of us are starting to see the small light at the end of the tunnel, many hospitals are still reeling from the stress of the last year. Following the recent release of “Hospital Experiences Responding to the COVID-19 Pandemic: Results of a National Pulse Survey March 23–27, 2020” (the “Report”), a…
The U.S. government has prioritized oversight and enforcement of cases related to the COVID-19 pandemic. Sheppard Mullin’s COVID-19 Oversight & Enforcement Response Team is tracking new federal enforcement actions related to the COVID-19 in areas including fraud under the Coronavirus Aid, Relief, and Economic Stability Act (CARES Act) and Paycheck Protection Program (PPP), hoarding and…
On February 24, 2021, President Biden signed Executive Order 14017, “Executive Order on America’s Supply Chains,” requiring a review of global supply chains that support key U.S. industries in an attempt to improve supply chain security for the U.S. government and U.S. companies. The new Executive Order appears to be an initial step
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The U.S. healthcare system has been undergoing significant changes since the passage of the Affordable Care Act in 2010, which helped precipitate a wave of hospital and healthcare system consolidation, as providers sought out ways to achieve scale to reduce costs and improve quality.
Over the same period of time, the U.S. Federal Trade Commission
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A year after the COVID-19 pandemic hit the United States, it remains to be seen how the Biden Administration will approach enforcement against businesses who received pandemic relief through the CARES Act and other federal spending packages. Nonetheless, patterns of enforcement related to pandemic assistance in 2020 and early 2021 may provide insight into potential…
In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave. You can read it here. SB 95 creates California Labor Code Sections 248.2 and 248.3. It goes into effect on March 29, 2021, and applies retroactively to January…
Beginning on March 29, 2021, Senate Bill 95 will place additional requirements on employers to provide supplemental paid sick leave to employees impacted by COVID-19. The bill, which was approved by the legislature on March 18, 2019, and signed by Governor Gavin Newsom on March 19, 2021, creates California Labor Code Sections 248.2 and 248.3. …
On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker exposures to COVID-19 by targeting certain “high-hazard” industries and worksites where employees may have a high frequency of close contact exposures. The NEP and related…
On Monday, March 8, 2021, the Center for Disease Control (“CDC”) issued new Guidance for Fully Vaccinated People. The CDC defines “fully vaccinated people” as those who received both doses in a 2-dose series, or one dose of a single-dose vaccine, and two weeks have elapsed since receiving the final dose. Alongside its recommendations…
On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures, and require the use of personal protective equipment among other things, the DFEH addresses a question that has been top of mind
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On February 4, 2021, the Department of Justice (“DOJ”), Office of Public Affairs, issued a Press Release (the “DOJ Press Release”) announcing that Kelly Wolfe, President of Regency, Inc., a medical billing company located in Florida, pleaded guilty to conspiracy to commit healthcare fraud through a “pernicious telefraud scheme”[1] involving fraudulent Medicare and CHAMPVA (Civilian Health and Medical Program of the Department of Veterans Affairs) claims for medically unnecessary durable medical equipment (“DME”) supplies. As a result of Wolfe’s criminal plea, Wolfe could face up to 13 years in federal prison. …
On International Women’s Day, March 8, 2021, President Joseph Biden signed two executive orders to promote gender equity and equality through the creation of a Gender Policy Council and through a policy that guarantees an education free from discrimination based on sex, sexual orientation, and gender identity.
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As the COVID-19 pandemic has ravaged the movie theater business in 2020 and into 2021, all Hollywood studios have had to adjust their theatrical release strategies via straight-to-VOD exhibition or concurrent theatrical and digital exhibition. According to one report[1], as the reopening of U.S. theaters at full capacity became more remote towards the
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In a February 10, 2021 ruling (the “Garcia Ruling”) out of the CDCA Court for the Central District of California (the “CDCA Court”) in the case of Gilbert Garcia et al v. Welltower OpCo Group LLC, et. al., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency…
Statutes of limitation were “tolled” in New York by Executive Order No. 202.8, issued by Governor Andrew M. Cuomo on March 20, 2020 in response to the COVID-19 pandemic. Over the next six-and-a-half months, that toll was renewed by further executive order every 30 days until, on October 4, 2020, the Governor issued Executive Order…
