https://www.morganlewis.com/Includes Publication, News and Events146https://www.morganlewis.com/pubs/2023/05/what-physician-organizations-need-to-know-key-considerations-for-the-end-of-the-pheAs the COVID-19 Public Health Emergency comes to an end on May 11, various regulatory flexibilities simultaneously expire, including certain waivers issued by the Centers for Medicare & Medicaid Services, among other regulatory agencies. Physician organizations should take stock of these impending regulatory changes as the more relaxed regulations of the COVID-19 era revert to the pre-pandemic rules.Thu, 11 May 2023 00:00:00 -0500431d68ac-3754-489e-9273-8b9e83e547adFDA & HealthcareUnited StatesHealthcareFDAB. Scott McBridehttps://www.morganlewis.com/pubs/2023/05/how-the-end-of-the-phe-will-impact-the-healthcare-industryThe Biden administration announced on January 30, 2023 that the COVID-19 Public Health Emergency (PHE) would officially end on May 11, 2023. The PHE declaration, which first was issued by the Secretary of the US Department of Health and Human Services (HHS) on January 31, 2020, and subsequently renewed several times, provided the basis for numerous flexibilities upon which the healthcare and life sciences industries have relied to furnish patient care during the pandemic. With the PHE coming to an end, organizations may need to make drastic changes as the regulatory enforcement returns to “normal.”Wed, 10 May 2023 00:00:00 -0500a9f82960-7fa4-43b4-9833-cf25c29c1ae8FDA & HealthcareHealthcare & Life Sciences LitigationUnited StatesDigital HealthHealthcareFDAScott A. MemmottHoward J. YoungMichele L. BuenafeGregory N. EtzelDennis C. GucciardoB. Scott McBrideAlbert W. ShayRachel L. LamparelliTesch Leigh WestSydney Reed SwansonJonathan P. Yorkhttps://www.morganlewis.com/pubs/2023/05/what-hospitals-need-to-know-15-key-phe-related-waivers-ending-may-11The impending end of the COVID-19 national and public health emergency will present a complicated landscape to navigate for hospital systems, which look to minimize the impact of the transition to post-pandemic normality.Wed, 10 May 2023 00:00:00 -050072b68fa9-6a5c-4984-a0ef-4d9416b53788FDA & HealthcareUnited StatesHealthcareFDAGregory N. EtzelSydney Reed Swansonhttps://www.morganlewis.com/pubs/2023/05/long-term-care-facilities-what-to-expect-when-the-covid-19-phe-endsKey provisions that provided flexibility to long-term care providers and helped alleviate administrative burdens will expire May 11, 2023.Mon, 01 May 2023 00:00:00 -0500c7b2c31a-1f96-4f78-843c-52feaf7fc409FDA & HealthcareHealthcare & Life Sciences LitigationUnited StatesHealthcareFDAJonathan P. Yorkhttps://www.morganlewis.com/pubs/2023/04/what-the-end-of-covid19-emergency-declarations-means-for-employersPresident Biden signed into law a House bill on April 10 that immediately ended the COVID-19 presidential declaration of national emergency established in March 2020. The COVID-19 federal public health emergency—a separate declaration by the Secretary of Health and Human Services from January 2020—remains in effect for now. However, based on comments from the Biden administration, that too is set to expire on May 11. As such, employers may wish to take stock of their COVID-19 policies and reevaluate those that touch on benefits, vaccine and testing requirements, and other safety measures.Fri, 21 Apr 2023 00:00:00 -05007ceac2f7-2706-4b96-b2ab-23286eede8d0Labor, Employment & BenefitsEmployment CounselingWorkplace Health & SafetyUnited StatesEBLBRLBRRESharon Perley Maslinghttps://www.morganlewis.com/pubs/2023/04/end-of-the-phe-preparing-for-return-to-normal-for-stark-law-and-anti-kickback-statuteConcurrent with the termination of the COVID-19 Public Health Emergency, various regulatory flexibilities will also come to an end, including the blanket waivers to the Stark Law and related enforcement discretion under the Federal anti-kickback statute. Accordingly, healthcare providers should promptly assess the ongoing compliance of all financial arrangements with physicians relying on these regulatory flexibilities and remediate or terminate such arrangements as appropriate.Fri, 14 Apr 2023 00:00:00 -05001fdaba4d-505a-4d07-b2fd-5451afe6b02bFDA & HealthcareHealthcare & Life Sciences LitigationUnited StatesHealthcareFDAAlbert W. Shayhttps://www.morganlewis.com/blogs/mlbenebits/2023/03/code-section-139-relief-period-scheduled-to-end-what-employers-need-to-knowAs the Code Section 139 relief period is scheduled to end soon along with the end of the COVID-19 national emergency, employers that assisted employees with personal expenses attributable to the COVID-19 pandemic should consider taking certain steps before the period ends.Wed, 01 Mar 2023 00:00:00 -06001d0e8625-9c55-42e3-aea6-8bbeda6f20b7Labor, Employment & BenefitsBenefits & Payroll TaxEBLBRMary B. HevenerSteven P. JohnsonAnna M. Pomykalahttps://www.morganlewis.com/blogs/mlbenebits/2023/02/irs-proposes-to-make-remote-witnessing-of-spousal-consents-permanentThe IRS proposed a revised version of Treas. Reg. § 1.401(a)-21 (the Proposed Regulation) that, if finalized, would make permanent the option of remote witnessing of required spousal consents to certain retirement plan distribution elections and loan elections. The IRS had temporarily authorized remote witnessing in limited circumstances during the COVID-19 pandemic as a matter of practical necessity. The Proposed Regulation, issued on December 30, 2022, makes remote witnessing permanent, effective six months after the Proposed Regulation is finalized by the IRS. Until that finalization date, the IRS notes that taxpayers may rely on the rules set forth in the Proposed Regulation.Fri, 10 Feb 2023 00:00:00 -06008d513832-c68f-4b9a-b1d8-72d13ba424d5Labor, Employment & BenefitsRetirement Plan Design & AdministrationEBLBRMark J. SimonsR. Randall Trachthttps://www.morganlewis.com/blogs/mlbenebits/2023/02/plan-sponsors-and-administrators-prepare-for-the-end-of-the-covid19-emergencyThe Biden administration intends to end the national emergency and public health emergency declarations (Emergency Declarations) attributable to the COVID-19 pandemic on May 11, 2023. The COVID-19 pandemic brought multiple temporary changes for ERISA-governed group health and welfare plans that will sunset at the conclusion of the Emergency Declarations. It remains to be seen what, if any, guidance will come from the regulatory agencies outlining how these mandates will be phased out or, potentially, if any continuing obligations will remain.Fri, 03 Feb 2023 00:00:00 -0600ade19e3c-2920-4068-ad77-84128ade6ad2Labor, Employment & BenefitsEmployment Counseling Health and Welfare Plan Design & AdministrationERISA/Employee Benefits LitigationBenefits & Payroll TaxEBLBRERISASaghi FattahianAllison J. Fepelstein Robert M. HunterEmily M. RickardJonathan Zimmermanhttps://www.morganlewis.com/pubs/2023/01/uk-immigration-updates-sponsor-guidance-changes-and-new-covid-19-entry-requirementsThe UK Home Office has updated its guidance with a few notable changes for employers regarding start dates, sponsor reporting, the immigration skills charge, and the non-visa national list. New COVID-19 testing requirements for Chinese nationals entering the United Kingdom have also been imposed.Tue, 10 Jan 2023 00:00:00 -0600ea39372c-e24d-44f9-aea3-982c58631c77Global Employment & ImmigrationLabor, Employment & BenefitsUnited KingdomEuropeIMMLBREBShannon A. DonnellyJennifer ConnollyCarina BrykLondonhttps://www.morganlewis.com/pubs/2022/12/cal-osha-standards-board-approves-non-emergency-covid-19-prevention-standardThe California Occupational Safety and Health (Cal/OSHA) Standards Board voted on December 15 to approve a non-emergency COVID-19 prevention standard. If approved by the Office of Administrative Law, this non-emergency standard, which contains several substantive changes to existing requirements, will replace the current Cal/OSHA emergency temporary standard (ETS), and will remain in effect for two years.Mon, 19 Dec 2022 00:00:00 -06006e52a23e-6271-40e1-92b2-415c20651268Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRDaryl S. LandyKaiser H. ChowdhryCentury CityLos AngelesOrange CountySilicon ValleySan Franciscohttps://www.morganlewis.com/pubs/2022/10/japan-returns-to-normal-border-measuresEffective from October 11, 2022, Japan will resume no-visa entry for short-term stays. Quarantine restrictions and mandatory COVID-19 testing at the border, along with other restrictions, will be lifted.Tue, 04 Oct 2022 00:00:00 -050007b9775e-fb67-45a5-8749-59b13eb67037Global Employment & ImmigrationJapanIMMLBRTomoko FuminagaTokyohttps://www.morganlewis.com/pubs/2022/09/assembly-bill-152-extends-californias-covid19-supplemental-paid-sick-leaveCalifornia Governor Gavin Newsom signed Assembly Bill 152 into law on September 29, extending California’s 2022 COVID-19 Supplemental Paid Sick Leave law to December 31, 2022. The bill also creates a program that will reimburse qualifying small businesses and nonprofits for costs incurred providing employees with COVID-19 supplemental paid sick leave.Fri, 30 Sep 2022 00:00:00 -0500c495fb52-9464-414a-837d-0acd804aad97Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRDaryl S. LandyKayla K. CoxClaire M. Lesikarhttps://www.morganlewis.com/pubs/2022/09/new-york-city-vaccine-mandate-to-be-rescinded-november-1New York City Mayor Eric Adams officially announced that New York City will rescind its private employer vaccine mandate, effective November 1, 2022.Fri, 23 Sep 2022 00:00:00 -05006237b60e-736c-4d52-861a-af2ce77a438bLabor, Employment & BenefitsWorkplace Health & SafetyUnited StatesEBLBRLBRRELeni D. BattagliaNew Yorkhttps://www.morganlewis.com/blogs/healthlawscan/2022/08/groundhog-day-hhs-silence-indicates-phe-extension-to-comeIs the COVID-19 pandemic making you feel a bit like Bill Murray in Groundhog Day? Although most parts of life have returned to the "new normal," the federal government remains in a seemingly endless cycle of regulatory uncertainty.Thu, 25 Aug 2022 00:00:00 -050055e7b4fd-723d-464c-bdd9-b87963875740FDA & HealthcareDigital HealthHealthcareFDAhttps://www.morganlewis.com/pubs/2022/08/how-the-mpox-outbreak-differs-from-the-covid-19-pandemic-a-guide-for-employersAs US federal and local governments have declared mpox (previously known as monkeypox) to be a public health emergency, employers attuned to responding to the COVID-19 pandemic may be left wondering what protocols to implement before and after a positive mpox case. For employers in particular, there are several key differences between the COVID-19 pandemic and the 2022 mpox outbreak.Wed, 24 Aug 2022 00:00:00 -0500233f2aa1-c10e-4528-ad11-9eb4c5b013f6Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRSharon Perley MaslingKaiser H. Chowdhryhttps://www.morganlewis.com/pubs/2022/08/how-the-cdcs-updated-covid-19-guidance-affects-employersWhile state and local governments and local health authorities can continue to require individuals and businesses to maintain stricter standards than the CDC’s recently updated guidance, the changes reflect the CDC’s current assessment of COVID-19 risk. Employers should evaluate their current COVID-19 policies and procedures.Thu, 18 Aug 2022 00:00:00 -050098d4dde7-5c1f-4d14-bc21-2407fd810babLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRSharon Perley MaslingDaryl S. LandyKaiser H. Chowdhryhttps://www.morganlewis.com/news/2022/07/us-federal-enforcement-priorities-include-clinical-trials-data-security-medtech-insightPartner Kathleen Sanzo spoke at a recent Food and Drug Law Institute (FDLI) event, discussing how the US Department of Justice’s (DOJ’s) Consumer Protection Branch works with the US Food and Drug Administration (FDA) to investigate civil and criminal matters involving misbranded products.Fri, 29 Jul 2022 00:00:00 -0500bcf0ade0-608a-4cca-b794-0776aadac8a3FDA & HealthcareConsumer Protection DefenseUnited StatesLife SciencesFDAACCPKathleen M. SanzoWashington DChttps://www.morganlewis.com/pubs/2022/07/preparing-for-the-end-of-covid-19-emergency-periods-to-dos-for-plan-sponsors-and-administratorsThe COVID-19 pandemic brought multiple temporary changes for ERISA-governed group health and welfare plans. Certain coverage mandates apply for only the duration of the COVID-19 public health emergency (the Public Health Emergency), while certain ERISA deadline relief applies only during the COVID-19 outbreak period (the Outbreak Period). This LawFlash provides an overview of these two similar—but not identical—legal COVID-19 emergency periods, as well as practical guidance for plan sponsors and administrators anticipating the announced end of the special COVID-19 rules.Wed, 20 Jul 2022 00:00:00 -0500e709e189-6d4a-4b35-a849-7dd7c5f12dfaLabor, Employment & Benefits Health and Welfare Plan Design & AdministrationERISA Fiduciary DutyUnited StatesEBLBRERISASaghi FattahianLindsay M. GoodmanEmily M. Rickardhttps://www.morganlewis.com/pubs/2022/07/remote-redundancy-announcements-in-the-uk-a-new-reality-international-employment-lawyerPartner Louise Skinner and associate Will Mallin authored an article for International Employment Lawyer about the risks associated with prerecorded redundancy announcements and best practices for employers when announcing job losses remotely. In the article, they discuss consultation requirements, legal risks, and employee relation risks.Wed, 20 Jul 2022 00:00:00 -050092e9cbd1-6300-4a35-866b-6c55f8d92883Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeEBLBRIMMLouise SkinnerWilliam MallinLondonhttps://www.morganlewis.com/pubs/2022/06/asia-pacific-business-travel-entry-ban-updates-and-vaccine-quarantine-requirementsAs the COVID-19 landscape continues to evolve, multinational employers face many questions, challenges, and opportunities when considering how to resume global business travel. To help interested parties plan for Asia-Pacific travel, we’ve outlined current entry bans and vaccination and quarantine requirements in China, Hong Kong, Japan, and Singapore. This guidance is subject to rapid change based on the global and local pandemic situation.Fri, 10 Jun 2022 00:00:00 -05006aa67914-1cad-4d6b-8b40-db3edaa01d03Labor, Employment & BenefitsGlobal Employment & ImmigrationAsiaGreater ChinaJapanEBLBRIMMVivien YuK Lesli LigornerTomoko Fuminagahttps://www.morganlewis.com/news/2022/05/pivot-investment-strategies-of-funds-to-avoid-russia-or-otherwise-take-advantage-of-new-opportunities-private-equity-law-reportA recent  Private Equity Law Report  article referenced a webinar it hosted in April 2021, looking at lessons learned from the pandemic and how sponsors and investors can apply those to successfully prepare for the next market disruption.Tue, 03 May 2022 00:00:00 -050047b51513-320d-4d0a-9b66-7c7ed56e3bf9Investment ManagementPrivate Investment FundsCorporate, Finance & Investment ManagementInstitutional InvestorsUnited StatesInvestment FundsIMPGPIFCBTChristopher J. DlutowskiNew Yorkhttps://www.morganlewis.com/news/2022/04/pivoting-investment-strategies-creating-vehicles-for-short-term-opportunities-and-laying-the-framework-for-future-disruptions-part-two-of-two-private-equity-law-reportA recent Private Equity Law Report webinar explored lessons learned from the COVID-19 pandemic and how those can be applied to successfully prepare sponsors and investors for the next market disruption.Wed, 13 Apr 2022 00:00:00 -05000a5bec72-1c51-4c7d-a513-2f3a0640275dInvestment ManagementPrivate Investment FundsCorporate, Finance & Investment ManagementInstitutional InvestorsUnited StatesInvestment FundsIMPGPIFCBTChristopher J. DlutowskiNew Yorkhttps://www.morganlewis.com/news/2022/04/pivoting-investment-strategies-pre-considerations-to-weigh-and-options-to-nimbly-amend-existing-vehicles-part-one-of-two-private-equity-law-reportPartner Chris Dlutowski served as a panelist on a recent Private Equity Law Report webinar that explored lessons learned from the COVID-19 pandemic and how those can be applied to successfully prepare sponsors and investors for the next market disruption.Wed, 06 Apr 2022 00:00:00 -050082074e7e-986c-451a-a873-53aa21e5d49aInvestment ManagementPrivate Investment FundsCorporate, Finance & Investment ManagementInstitutional InvestorsUnited StatesInvestment FundsIMPGPIFCBTChristopher J. DlutowskiNew Yorkhttps://www.morganlewis.com/pubs/2022/03/uk-announces-right-to-work-check-update-and-further-easement-of-travel-restrictionsThe UK Home Office has announced new identification document validation technology for right-to-work checks due to take effect from April 6, together with an extension of the COVID-19 temporary right-to-work check measures. In addition, there has been a further easement of travel restrictions for nonvaccinated travelers arriving in the United Kingdom.Thu, 17 Mar 2022 00:00:00 -0500832dbf79-d4eb-4f2e-8f63-a53d2bda31b1Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeEBLBRIMMShannon A. DonnellyJennifer ConnollyYvette AllenCarina BrykLondonhttps://www.morganlewis.com/pubs/2022/03/world-in-motion-pharmatimes-magazinePartners Tim Corbett, Joachim Heine, Louise Skinner, and Lee Harding wrote an article for PharmaTimes Magazine assessing how current market dynamics in the European life sciences have been effected by COVID-19.Fri, 04 Mar 2022 00:00:00 -06009c086de1-1324-4685-938f-443480c31f93Mergers & AcquisitionsAntitrust & CompetitionLabor, Employment & BenefitsTechnology Transactions, Outsourcing & Commercial ContractsHealthcare TransactionsCommercial ContractsGlobal OutsourcingGermanyUnited KingdomEuropeHealthcareLife SciencesTechnologyCBTMAATREBLBROUTTimothy J. CorbettDr. Joachim HeineLouise SkinnerLondonFrankfurthttps://www.morganlewis.com/pubs/2022/03/impact-of-covid-19-on-healthcare-mergers-and-acquisitions-in-united-arab-emiratesThe COVID-19 pandemic created many uncertainties and challenges for investors and operators alike across the Middle East, including in the United Arab Emirates, which is often considered a regional healthcare and business hub. As a result, 2020 saw many transactions in the healthcare sector either abandoned or put on hold, but the region has since demonstrated signs of a strong recovery in the transactional space in general and particularly in the healthcare industry.Wed, 02 Mar 2022 00:00:00 -0600fa3dbc3e-dd88-491d-896d-a2ba1830f695FDA & HealthcareHealthcare TransactionsCorporate, Finance & Investment ManagementAntitrust & CompetitionBankruptcy, Restructuring & InsolvencyMergers & AcquisitionsMiddle EastSaudi ArabiaHealthcareFDACBTATRLITMAAyman A. KhaleqMark J. GilliganJoanna Maria El Khouryhttps://www.morganlewis.com/pubs/2022/02/cdc-guidance-drops-mask-recommendation-in-most-indoor-settingsThe Centers for Disease Control and Prevention (CDC) announced a new framework on February 25 providing that mask wearing is optional in low- and moderate-risk settings.Mon, 28 Feb 2022 00:00:00 -060003986b9b-ced3-4522-a015-442bd374885fLabor, Employment & BenefitsUnited StatesEBLBRE. Pierce BlueSharon Perley MaslingDaryl S. LandyA. Klair FitzpatrickKaiser H. ChowdhryEmily Cuneo DeSmedthttps://www.morganlewis.com/pubs/2022/02/japan-changes-border-policy-allows-new-entries-for-business-purposes-effective-march-1Japan will implement new border measures designed to allow business purpose entries of foreign nationals, which will require improved, light prenotification procedures.Mon, 28 Feb 2022 00:00:00 -0600363dcc8e-044d-4de9-8e96-5ad4cef83cabGlobal Employment & ImmigrationLabor, Employment & BenefitsAsiaJapanIMMLBREBTomoko FuminagaTokyohttps://www.morganlewis.com/pubs/2022/02/new-york-state-lifts-private-employer-masking-requirementsNew York State lifted its mask mandate applicable to businesses on February 10, and the New York State Department of Labor subsequently issued new guidance that the New York HERO Act does not require employers to enforce mask requirements.Fri, 11 Feb 2022 00:00:00 -060092d0e72c-7267-4a58-8254-94242c42707bLabor, Employment & BenefitsUnited StatesEBLBRAshley J. HaleNew Yorkhttps://www.morganlewis.com/pubs/2022/02/update-california-governor-signs-sb-114-to-reinstate-covid19-supplemental-paid-sick-leaveThe California State Legislature Senate Bill 114, signed by Governor Newsom on February 9, requires employers with 26 or more employees to provide up to 80 hours of supplemental paid sick leave for qualifying COVID-19 related reasons. Although the law is similar to Senate Bill 95, which expired on September 30, 2021, there are some significant differences.Wed, 09 Feb 2022 00:00:00 -060022a06004-b452-4cdb-8bab-7ebae71b30f2Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRJacqueline C. AguileraKayla K. CoxClaire M. LesikarLos AngelesOrange CountySilicon ValleySan Franciscohttps://www.morganlewis.com/pubs/2022/02/california-legislatures-ab-84-aims-to-reinstate-covid-19-supplemental-paid-sick-leaveThe California State Legislature Assembly Bill 84, introduced on February 2, proposes to require employers with 26 or more employees to provide up to 80 hours of supplemental paid sick leave for qualifying COVID-19 related reasons. Although the proposed bill is similar to Senate Bill 95, which expired on September 30, 2021, there are some significant differences.Mon, 07 Feb 2022 00:00:00 -0600f622622b-1cec-4887-9a90-d8f2582356ffLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRJacqueline C. AguileraKayla K. CoxClaire M. LesikarCentury CityLos AngelesOrange CountySilicon ValleySan Franciscohttps://www.morganlewis.com/pubs/2022/02/new-guidance-enhances-flexibility-for-covering-otc-covid-19-testsThe US Departments of Labor, Health & Human Services, and Treasury issued new frequently asked questions on February 4, 2022, regarding coverage of over-the-counter, at-home COVID-19 tests at no cost sharing (i.e., deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements during the public health emergency.Mon, 07 Feb 2022 00:00:00 -060045737179-fd02-4ebe-b042-fd2d57bc423fLabor, Employment & Benefits Health and Welfare Plan Design & AdministrationUnited StatesHealthcareEBLBRSaghi FattahianAllison J. Fepelstein Lindsay M. Goodmanhttps://www.morganlewis.com/news/2022/01/employers-push-for-renewal-of-expired-covid-telehealth-waiver-bloomberg-lawPartner Sage Fattahian spoke with Bloomberg Law about an expired provision in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which once allowed those with high-deductible plans and health savings accounts (HSAs) to get telehealth coverage without meeting annual deductibles.Fri, 28 Jan 2022 00:00:00 -06001f522fbe-0aa0-448a-aa95-8581819bd16fLabor, Employment & Benefits Health and Welfare Plan Design & AdministrationHealthcare & Life Sciences LitigationUnited StatesLife SciencesHealthcareEBLBRSaghi FattahianChicagohttps://www.morganlewis.com/pubs/2022/01/fda-proposes-framework-for-transitioning-covid-related-medical-devices-from-eua-enforcement-discretion-to-permanent-marketing-authorizationIn two draft companion guidance documents, the US Food and Drug Administration (FDA) establishes a proposed framework for transitioning medical devices currently marketed under emergency use authorization (EUA) or enforcement policy guidance to permanent marketing authorization. The draft FDA guidance documents provide manufacturers a 180-day transition period to submit a marketing application and stress that they should submit permanent marketing authorizations prior to finalization of the guidance documents.Tue, 18 Jan 2022 00:00:00 -060075a1aa9d-3f9d-4208-b50c-8dbd0669737eFDA & HealthcareUnited StatesLife SciencesFDADennis C. GucciardoMichele L. BuenafeWashington DChttps://www.morganlewis.com/pubs/2022/01/departments-release-faqs-on-over-the-counter-covid-19-tests-and-other-preventive-servicesThe US Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) on January 10 published much-anticipated FAQs implementing President Joseph Biden’s announcement last month to expand free at-home COVID-19 testing for all Americans during the continued period of public health emergency.Fri, 14 Jan 2022 00:00:00 -06004796fa68-4fb7-46a5-ba84-1fa20d84f73aLabor, Employment & Benefits Health and Welfare Plan Design & AdministrationUnited StatesHealthcareEBLBRSaghi FattahianAllison J. Fepelstein Emily M. Rickardhttps://www.morganlewis.com/pubs/2022/01/omicron-impact-japan-extends-re-tightened-restrictions-on-entriesThe Japanese government has extended the restrictions on the entry of foreign nationals into the country until the end of February.Fri, 14 Jan 2022 00:00:00 -06002b98c17f-a61b-43f1-89d8-1efc7df6ef6cLabor, Employment & BenefitsGlobal Employment & ImmigrationAsiaJapanEBLBRIMMTomoko FuminagaTokyohttps://www.morganlewis.com/pubs/2022/01/employers-la-county-adopts-high-quality-mask-requirement-for-select-employees-working-indoorsIn response to the rapid spread of the COVID-19 Omicron variant, effective January 6, the LA County Department of Public Health revised its Health Office Order to include several notable updates, the most significant being a requirement that employers operating in cities and unincorporated areas in Los Angeles County—excluding Long Beach and Pasadena—provide select employees with high-quality masks when working indoors and in close contact with co-workers or members of the public.Fri, 07 Jan 2022 00:00:00 -06005bf1ef0f-c878-48e8-8b06-ca1cb7de50abLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRDaryl S. LandyKayla K. CoxSilicon ValleySan Franciscohttps://www.morganlewis.com/pubs/2022/01/supreme-court-hears-oral-arguments-on-osha-ets-and-cms-rule-on-vaccinationOn January 7, the US Supreme Court debated a range of complex issues in a pair of oral arguments over challenges to two federal regulations requiring workplace COVID-19 precautions. Although it is unlikely the Court will issue definitive opinions for several days or weeks, the Court could quickly issue a temporary “administrative” stay while it deliberates, or an unreasoned order with opinions to follow.Fri, 07 Jan 2022 00:00:00 -06008fa90639-57e0-40d1-9f82-c1a66333b75aLabor, Employment & BenefitsEmployment CounselingIndividual Employee Litigation & ArbitrationUnited StatesHealthcareEBLBRMichael E. KenneallyE. Pierce BlueSharon Perley MaslingKaiser H. ChowdhryWashington DChttps://www.morganlewis.com/pubs/2021/12/oshas-covid-19-emergency-temporary-standard-is-back-for-nowOn December 17, 2021, a divided panel of the US Court of Appeals for the Sixth Circuit granted the federal government’s emergency motion to dissolve the US Court of Appeals for the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s Emergency Temporary Standard. With the Sixth Circuit’s ruling, the standard is effective again for the first time since the day after it was published, although for how long remains to be seen.Mon, 20 Dec 2021 00:00:00 -060074a89178-54e3-4a31-8f0b-b5cce5e3f5f5Labor, Employment & BenefitsEBLBRSharon Perley MaslingMichael E. KenneallyKaiser H. ChowdhryMathew J. McKennahttps://www.morganlewis.com/pubs/2021/12/cal-osha-standards-board-approves-second-readopted-covid-19-prevention-etsThe Cal/OSHA Standards Board on December 16 voted to approve the second readoption of the California COVID-19 Prevention Emergency Temporary Standards (ETS) during its monthly public meeting. The revised ETS will not adopt the federal OSHA ETS or include a mandatory vaccination requirement for employers, but will include stricter requirements for employers than the current version.Fri, 17 Dec 2021 00:00:00 -06004b3d884c-7b17-4122-939e-17626a5ae9a0Labor, Employment & BenefitsUnited StatesEBLBRDaryl S. LandyCentury CityLos AngelesOrange CountySilicon ValleySan Franciscohttps://www.morganlewis.com/pubs/2021/12/new-guidance-on-key-to-nyc-private-sector-covid-19-vaccine-mandateNew “Key to NYC” guidance for private sector employers was released on Wednesday following New York City Mayor Bill de Blasio’s December 6 announcement that employees (1) not previously covered under the existing Key to NYC vaccination requirements and (2) who perform in-person work for private businesses in the city must receive at least one dose of a COVID-19 vaccine by December 27.Fri, 17 Dec 2021 00:00:00 -06006fbd2dc9-3b51-4482-bba9-df60ebeed82eLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRLeni D. BattagliaAshley J. HaleNew Yorkhttps://www.morganlewis.com/pubs/2021/12/california-masking-for-all-indoor-public-settings-required-as-of-december-15The California Department of Public Health on December 13 announced that it will require all people—regardless of COVID-19 vaccination status—to wear face masks in all “indoor public settings” from December 15 through at least January 15, 2022, noting that increased infection and hospitalization rates have triggered this new requirement. Since Thanksgiving, the statewide seven-day average case rate has increased 47%, and hospitalizations have increased 14%.Tue, 14 Dec 2021 00:00:00 -06005fa13ca3-dc0f-4bd6-a1b0-6f0917d6acb9Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRDaryl S. LandyLos AngelesOrange CountySan Franciscohttps://www.morganlewis.com/pubs/2021/12/directors-duties-to-consider-supply-chainsDirectors have significant ongoing duties towards the company they lead, including taking the changing factual landscape into account. This should include learning lessons from the recent disruption of global supply chains.Tue, 14 Dec 2021 00:00:00 -06009dd17e38-23c5-43a7-b625-083eaaa38858Litigation, Regulation & InvestigationsInsurance RecoveryUnited KingdomEuropeLITPeter SharpRobert Bolgar-SmithLondonhttps://www.morganlewis.com/news/2021/12/past-guidance-gives-nyc-employers-clues-on-new-vax-rules-law360In Law360 , partner Ashley Hale and associate Kaiser Chowdhry write that there has been minimal guidance for New York City’s new vaccination requirements for private sector employees who report to work in person—which would apply to an additional 184,000 businesses.Mon, 13 Dec 2021 00:00:00 -06005b4708e6-5c13-4fab-8192-2ef9283d161aLabor, Employment & BenefitsOrganizational Culture: Change & ComplianceEmployment CounselingUnited StatesEBLBRWTRAshley J. HaleKaiser H. ChowdhryNew YorkWashington DChttps://www.morganlewis.com/pubs/2021/12/new-york-state-to-impose-mask-mandate-in-all-indoor-public-places-december-13New York Governor Kathleen Hochul announced a mandate requiring that all businesses and venues require employees and patrons in public indoor spaces to wear masks, unless the business or venue requires all individuals on the premises to be fully vaccinated. The mandate, which applies to private businesses, will go into effect on December 13, and last until January 15, 2022, at which time it will be reevaluated.Fri, 10 Dec 2021 00:00:00 -06000aa9c29a-a81f-4bf8-a7ae-3ccb45ee9a03Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRAshley J. HaleNew Yorkhttps://www.morganlewis.com/pubs/2021/12/federal-contractor-vaccine-mandate-stayed-nationwideA federal judge in Georgia issued a preliminary injunction prohibiting the federal government from enforcing its COVID-19 vaccine mandate for federal contractors and subcontractors nationwide. This decision follows a November 30, 2021 order from a federal judge in Kentucky granting a preliminary injunction barring enforcement of the contractor mandate in Ohio, Kentucky, and Tennessee. Challenges to the Executive Order are still pending in federal courts in Louisiana, Texas, Missouri, Arizona, and Florida. Decisions in those cases are expected in the coming weeks.Wed, 08 Dec 2021 00:00:00 -0600757f3013-616c-4154-9999-5f0e5232c682Labor, Employment & BenefitsUnited StatesEBLBRE. Pierce BlueSharon Perley MaslingDaryl S. LandyNew YorkOrange CountyWashington DCDallasSilicon Valleyhttps://www.morganlewis.com/news/2021/12/navigating-cares-act-social-security-tax-deferral-payments-law360In Law360, partners Steven Johnson, Jonathan Zimmerman, and Handy Hevener, along with associates Anna Pomykala and Jacob Oksman, outlined key components of the Coronavirus Aid Relief and Economic Security (CARES) Act’s complex repayment rules for employer-share Social Security tax deferrals.Thu, 02 Dec 2021 00:00:00 -0600045ab964-016d-4ce0-8a82-d047f60aa74eLabor, Employment & BenefitsTax Health and Welfare Plan Design & AdministrationBenefits & Payroll TaxUnited StatesEBLBRTAXSteven P. JohnsonMary B. HevenerJonathan ZimmermanAnna M. PomykalaWashington DCNew Yorkhttps://www.morganlewis.com/pubs/2021/12/update-uk-government-announces-tightening-of-international-travelIn response to the newly identified COVID-19 variant, Omicron, the UK government has moved 10 countries to the “red list” and reintroduced stringent rules for international travel.Thu, 02 Dec 2021 00:00:00 -0600a6e8ee42-b773-4ba5-86fe-7168dd7470e9Labor, Employment & BenefitsGlobal Employment & ImmigrationEuropeSaudi ArabiaEBLBRIMMJennifer ConnollyYvette AllenShannon A. DonnellyLos AngelesWashington DChttps://www.morganlewis.com/pubs/2021/12/omicron-impact-japan-re-tightens-restrictions-on-new-entries-vaccination-certificate-holdersThe Japanese government has again tightened its restrictions on new entries of foreign nationals and on activities for COVID-19 vaccination certificate holders due to the rapid expansion of the Omicron variant infection around the world. These changes fully went into effect as of December 1, 2021, as one-month temporary measures valid until the end of 2021, to determine the degree of danger the Omicron variant presents. This restriction could be extended depending on infection status.Wed, 01 Dec 2021 00:00:00 -0600fa5e5747-5398-42c3-94aa-e4f933f20514Labor, Employment & BenefitsGlobal Employment & ImmigrationAsiaJapanEBLBRIMMTomoko FuminagaTokyohttps://www.morganlewis.com/news/2021/11/7-things-tax-pros-are-grateful-for-this-thanksgiving-season-law360Partners Handy Hevener and Steven Johnson discussed with Law360 why they’re grateful for Internal Revenue Code Section 139.Wed, 24 Nov 2021 00:00:00 -0600e033ca43-04aa-4db6-abfe-256b52234962Labor, Employment & BenefitsTaxBenefits & Payroll TaxEBLBRTAXMary B. HevenerSteven P. JohnsonNew YorkWashington DChttps://www.morganlewis.com/pubs/2021/11/arbitrator-denies-cover-for-policyholders-regarding-business-interruption-lossesA group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent local authority.”Tue, 23 Nov 2021 00:00:00 -0600beca1e7d-ac16-4c4a-8705-509b497e57ffLitigation, Regulation & InvestigationsInsurance RecoveryInternational ArbitrationUnited KingdomEuropeLITPeter SharpPaul MesquittaLondonhttps://www.morganlewis.com/blogs/mlbenebits/2021/11/irs-guidance-clarifies-pandemic-rehiring-need-not-always-affect-retirement-benefitsThe IRS recently issued FAQs to address workforce issues and labor shortages resulting from the COVID-19 pandemic. The guidance seems to be in response to well-publicized labor shortages affecting schools and the education industry, although it is not limited to that industry. The FAQs reaffirm prior IRS guidance, but may give comfort to employers who are contemplating rehiring retirees as they try to manage workforce issues “related to” the pandemic.Tue, 23 Nov 2021 00:00:00 -0600044f50f0-c095-4b0f-b019-3951f3243211Labor, Employment & BenefitsRetirement Plan Design & AdministrationEBLBRWashington DChttps://www.morganlewis.com/pubs/2021/11/osha-ets-challenges-transferred-to-sixth-circuit-what-this-means-for-businessesThe fate of the Occupational Safety and Health Administration’s landmark Emergency Temporary Standard on COVID-19 vaccination is in the hands of the Sixth Circuit—for now. In this LawFlash, we walk businesses through the legal challenges to the Emergency Temporary Standard, how they may unfold, and what businesses may wish to do in the interim.Fri, 19 Nov 2021 00:00:00 -06007c35b531-579d-44f0-abbb-83f45166655bLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRMichael E. KenneallySharon Perley MaslingWashington DChttps://www.morganlewis.com/pubs/2021/11/department-of-labors-ets-will-trigger-employers-bargaining-obligations-per-nlrb-general-counselNational Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health Administration’s Emergency Temporary Standard to Protect Workers from Coronavirus. According to Abruzzo, any issue involving employer discretion is subject to decision bargaining. The Emergency Temporary Standard may also trigger effects bargaining obligations for non-discretionary issues.Mon, 15 Nov 2021 00:00:00 -06004ba6cfd3-b25e-4aac-b4a8-14289115dc65Labor, Employment & BenefitsUS Labor/​Management RelationsUnited StatesEBLBRLMRHarry I. Johnson, IIISharon Perley MaslingRichard J. MarksCentury CityWashington DChttps://www.morganlewis.com/pubs/2021/11/japan-eases-restrictions-on-new-entries-vaccination-certificate-holder-activitiesThe Japanese government has relaxed its restrictions on new entries of foreign nationals and on activities for holders of COVID-19 vaccination certificates. These changes went into effect as of November 8, 2021.Fri, 12 Nov 2021 00:00:00 -0600a45a6317-cea3-4d55-9445-90253288e8dcLabor, Employment & BenefitsGlobal Employment & ImmigrationAsiaJapanEBLBRIMMTomoko FuminagaTokyohttps://www.morganlewis.com/news/2021/11/when-does-a-covid-19-vaccine-accommodation-cause-an-undue-hardship-hr-magazinePartner Michael Puma told HR Magazine that employers are seeing an influx of religious accommodation requests in light of COVID-19 vaccination requirements.Tue, 09 Nov 2021 00:00:00 -0600777511dc-afe4-4654-ab80-3449b2d4d131Labor, Employment & BenefitsOrganizational Culture: Change & ComplianceUnited StatesEBLBRWTRMichael J. PumaPhiladelphiahttps://www.morganlewis.com/pubs/2021/11/cms-omnibus-covid-19-healthcare-staff-vaccination-rule-a-first-lookThe CMS Healthcare Staff Vaccination Rule takes aim at ensuring that eligible healthcare workers are soon vaccinated against COVID-19. The interim final rule requires providers and suppliers to fully implement the IFR as a condition of participation/condition of coverage in the Medicare and Medicaid programs, and to establish policies effecting “full vaccination” of staff by January 4, 2022.Mon, 08 Nov 2021 00:00:00 -060036cd8d29-b327-4bc2-b04a-0ebee8baaf7cHealthcare & Life Sciences LitigationLabor, Employment & BenefitsEmployment CounselingHealthcare TransactionsDigital HealthHealthcareEBLBRHoward J. Younghttps://www.morganlewis.com/pubs/2021/11/landmark-osha-emergency-temporary-standard-requires-covid-19-vaccination-or-testingAfter long anticipation by US companies and their employees, the US Department of Labor’s Occupational Safety and Health Administration (OSHA) published its 490-page Emergency Temporary Standard (ETS) and preamble on COVID-19 vaccination. The ETS establishes binding requirements on large employers (i.e., those with 100 or more employees) to help protect employees from contracting COVID-19 in the workplace. Covered employees must have received their final dose of a vaccine series by January 4, 2022, or be subject to weekly COVID-19 testing. The ETS contains many other requirements, including implementing a written vaccine policy, verifying and maintaining records of the vaccination status of the workforce, offering paid time off for vaccination, and more. Employers must comply with all ETS provisions by December 5, 2021, with the exception of the January 4 vaccination or testing deadline. This milestone ETS is expected to cover 84 million employees.Fri, 05 Nov 2021 00:00:00 -050006532a94-23a5-4e26-a162-bf9a77e49a16Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRSharon Perley MaslingE. Pierce BlueKaiser H. Chowdhryhttps://www.morganlewis.com/pubs/2021/11/nj-state-contractors-required-to-mandate-vaccination-or-weekly-covid-19-testingUnder a newly signed executive order in New Jersey, all state contractors and subcontractors entering agreements with the state must include a clause that requires all covered workers to either provide adequate proof to the contractor that they are fully vaccinated or submit to at least weekly COVID-19 testing.Tue, 02 Nov 2021 00:00:00 -050045763c84-e1db-44ea-8d65-1cce268bc35dLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRAugust W. Heckman IIICarlyle Edwards-BalfourNew YorkPhiladelphiaPrincetonhttps://www.morganlewis.com/pubs/2021/11/russia-blockchain-the-legal-500-2021-blockchain-country-comparative-guideMorgan Lewis partner Vasilisa Strizh and associate Anastasia Kiseleva co-authored the Russia chapter of The Legal 500’s 2021 edition of its Blockchain Country Comparative Guide, a country-specific Q&A that provides readers an overview of blockchain laws and regulations applicable in Russia.Mon, 01 Nov 2021 00:00:00 -050016a424f8-f1c5-45c2-ad29-e6409c2b39e2Corporate, Finance & Investment ManagementTelecommunications, Media & TechnologyEuropeBankingDigital HealthFintech & Digital AssetsTechnologyCBTTMTVasilisa Strizhhttps://www.morganlewis.com/pubs/2021/10/legal-reform-keeping-the-flex-in-flexible-working-requests-employment-law-journalPartner Louise Skinner reviews the UK government’s proposals to extend the right to request flexible working in an article for Employment Law Journal.Fri, 29 Oct 2021 00:00:00 -05004deeed42-c143-48d1-8594-22c321ee8a88Labor, Employment & BenefitsGlobal Employment & ImmigrationSystemic Employment LitigationEmployment CounselingUnited KingdomEuropeEBLBRIMMLBRCELouise SkinnerLondonhttps://www.morganlewis.com/pubs/2021/10/eeoc-issues-updated-guidance-on-religious-and-pregnancy-vaccine-accommodationsThe US Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance, detailing its view of employer obligations under Title VII when evaluating religious objections to COVID-19 vaccination mandates. The EEOC also added guidance on requests for accommodation based on pregnancy under the Americans with Disabilities Act and the Pregnancy Discrimination Act. Together, these comprise the second significant update to EEOC’s COVID-19 guidance since the FDA and CDC authorized COVID-19 vaccines.Tue, 26 Oct 2021 00:00:00 -05009f842233-718f-4905-b205-a239419ff071Labor, Employment & BenefitsUnited StatesEBLBRE. Pierce BlueSharon Perley Maslinghttps://www.morganlewis.com/pubs/2021/10/us-to-rescind-travel-admission-bans-for-noncitizens-effective-november-8US restrictions on international travel will be lifted November 8 for fully vaccinated international visitors and temporary workers, including those from nearly three dozen nations who have been barred from entering the country since the start of the pandemic. US citizens and permanent residents remain subject to current COVID-19 testing requirements.Tue, 26 Oct 2021 00:00:00 -0500a919f3cd-314f-46f0-b0a6-f1beeaa2f298Labor, Employment & BenefitsEmployment CounselingGlobal Employment & ImmigrationUnited StatesEBLBRIMMEric S. BordYesim Uslucahttps://www.morganlewis.com/pubs/2021/10/arkansas-law-requires-employers-to-accept-testing-alternative-to-covid-19-vaccinationA proposed Arkansas bill that would require employers to offer testing options as an exception to employer COVID-19 vaccine mandates became law on October 13, 2021. Governor Asa Hutchinson refused to sign the law, deeming it “unnecessary,” but he also did not veto the legislation, allowing it to be enacted. The law will take effect on January 13, 2022. According to the law’s preamble, the Arkansas General Assembly found that the US government is mandating that employers force employees to be vaccinated “against the employee’s will” and that “vaccination mandates are an overreach of authority.”Mon, 25 Oct 2021 00:00:00 -0500bd66e129-6b7a-4c07-983d-f018ae321851Labor, Employment & BenefitsUnited StatesEBLBRE. Pierce BlueA. Klair FitzpatrickSharon Perley Maslinghttps://www.morganlewis.com/news/2021/10/video-emerging-class-action-trends-in-2021-iclgPartner Molly Lane spoke about current healthcare and COVID-19-related class actions trends in the United States during an interview with ICLG.Mon, 18 Oct 2021 00:00:00 -050028f38ea8-b34c-4ff1-8685-6af1597d83abLitigation, Regulation & InvestigationsGlobal Class & Group ActionsBusiness DisputesHealthcare & Life Sciences LitigationUnited StatesHealthcareLITMolly Moriarty LaneSan Franciscohttps://www.morganlewis.com/blogs/healthlawscan/2021/10/texas-executive-order-expands-vaccine-mandate-scope-of-exemptionsMembers of our labor, employment and benefits team published a LawFlash covering Texas Governor Greg Abbott’s recently issued Executive Order No. GA-40 (EO GA-40), which purports to prohibit vaccine mandates, but in reality expands the scope of mandatory exemptions to such mandates.Wed, 13 Oct 2021 00:00:00 -05004611d48c-a0ec-4e9d-bfc3-8d6b94fa6140Employment CounselingLabor, Employment & BenefitsHealthcareLBREBSharon Perley MaslingStefanie MollA. Klair FitzpatrickIan A. Wrighthttps://www.morganlewis.com/pubs/2021/10/uk-flexible-working-consultation-a-default-rightOn 23 September, the UK government published a consultation document, “Making flexible working the default”, which proposes various reforms to the right for employees to request flexible working arrangements—particularly in light of changes in working practices brought about by COVID-19.Wed, 13 Oct 2021 00:00:00 -0500af753ebd-523b-439b-9781-ab3b62749ff2Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeEBLBRIMMMatthew HowseLouise SkinnerLondonhttps://www.morganlewis.com/pubs/2021/10/new-texas-executive-order-expands-scope-of-exemptions-for-vaccine-mandatesTexas Governor Greg Abbott issued Executive Order No. GA-40 (EO GA-40) on October 11, 2021, which purports to prohibit vaccine mandates, but in reality expands the scope of mandatory exemptions to such mandates. The order, which became effective immediately, states that no entity, including a private business, may compel any employee or consumer to obtain a COVID-19 vaccine if that person “objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.”Tue, 12 Oct 2021 00:00:00 -0500a756c908-ddf1-453b-8c81-0281c79e993aLabor, Employment & BenefitsEmployment CounselingEBLBRSharon Perley MaslingStefanie MollA. Klair FitzpatrickIan A. Wrighthttps://www.morganlewis.com/pubs/2021/10/employment-2021-uk-chambers-global-practice-guidesPartners Matthew Howse and Louise Skinner contributed to the Chambers Global Practice Guide 2021 .Mon, 04 Oct 2021 00:00:00 -05004f226ea5-1f42-41d0-a1fd-a75f6d223a8fLabor, Employment & BenefitsUnited KingdomEuropeEBLBRMatthew HowseLouise SkinnerLondonhttps://www.morganlewis.com/blogs/healthlawscan/2021/09/digital-health-shows-no-signs-of-slowing-downAs the availability and variety of digital health tools continue to increase, evidence is also being presented that those tools are having a meaningful impact on health outcomes. In a recent blog post, members of our technology, outsourcing, and commercial transactions team dove into the findings of two reports,  Digital Health Trends 2021: Innovation, Evidence, Regulation, and Adoption , offered by the  IQVIA Institute for Human Data Science ; and a  report  from the University of Michigan’s  Institute for Healthcare Policy and Innovation’s Telehealth Research Incubator .Tue, 28 Sep 2021 00:00:00 -050005e911d1-2b8f-455a-974e-ca909410a1b7Cybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyCommercial ContractsGlobal OutsourcingEuropeDigital HealthHealthcareACCPLITOUTTMTVito PetrettiEric J. PennesiPittsburghNew Yorkhttps://www.morganlewis.com/pubs/2021/09/us-government-issues-vaccine-mandate-guidance-for-federal-contractors-subcontractorsThe Safer Federal Workforce Task Force issued guidance on September 24 detailing the requirements that covered federal contractors and subcontractors must follow to comply with Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” Covered contractors and subcontractors have until December 8 to ensure that covered employees—including those working from home—are fully vaccinated or qualify for a medical or religious accommodation.Mon, 27 Sep 2021 00:00:00 -0500dcf35cf5-fd75-4027-a4b7-f55ad2e05746Labor, Employment & BenefitsUnited StatesEBLBRSharon Perley MaslingDaryl S. LandyA. Klair FitzpatrickE. Pierce BlueKaiser H. Chowdhryhttps://www.morganlewis.com/blogs/healthlawscan/2021/09/september-fast-break-recap-vaccine-mandates-latest-developments-and-best-practicesIn our latest Fast Break session and on the heels of recent announcements from the Biden-Harris administration and the US Food and Drug Administration’s (FDA’s) granting of full authorization for the Pfizer vaccine in August, we discussed how these updates may impact employers in the healthcare industry.Thu, 23 Sep 2021 00:00:00 -05003022f0f5-d7d3-4ee2-9406-63c5656a5a60Healthcare & Life Sciences LitigationLabor, Employment & BenefitsHealthcareEBLBRhttps://www.morganlewis.com/pubs/2021/09/update-uk-announces-new-system-for-international-travelThe UK government has announced a new, simplified system for international travel. The current red, amber, and green traffic light system will be replaced by a single red list and simplified measures for the rest of the world.Thu, 23 Sep 2021 00:00:00 -050045ed769f-ec90-47b2-93f3-4b5b80b79d14Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeSaudi ArabiaUnited StatesEBLBRIMMJennifer ConnollyYvette AllenShannon A. DonnellyLondonWashington DChttps://www.morganlewis.com/pubs/2021/09/policyholder-outlook-following-uk-biz-interruption-test-case-law360In the nine months since the UK Supreme Court ruled in favor of policyholders in the Financial Conduct Authority’s test case on insurance coverage for COVID-19 businesses interruption claims, similar lawsuits filed against insurers show that a positive outcome for insureds is not guaranteed, write Peter Sharp and Paul Mesquitta in an article for Law360.Wed, 22 Sep 2021 00:00:00 -050036679452-4776-4345-95ac-bb7ae1b36bc9Litigation, Regulation & InvestigationsInsurance RecoveryUnited KingdomEuropeInsuranceLITPeter SharpPaul MesquittaLondonhttps://www.morganlewis.com/pubs/2021/09/anticipated-lifting-of-us-admission-banThe Biden-Harris administration plans to lift travel restrictions on visitors from most European countries, including the United Kingdom and Ireland, and other countries that have been in place since the start of the coronavirus pandemic.Tue, 21 Sep 2021 00:00:00 -0500cf01e94d-6571-4e05-b92e-4626eb533378Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited StatesEBLBRIMMYesim UslucaEric S. BordWashington DChttps://www.morganlewis.com/pubs/2021/09/new-york-declares-covid-19-an-airborne-infectious-disease-triggers-safety-plan-requirementsNew York State Governor Kathy Hochul announced on September 6, 2021 that the New York State Department of Health designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to public health under the New York State Health and Essential Rights Act (HERO Act). Under the Act requirements, businesses must promptly review their worksite exposure prevention plans; activate the protective measures in the plan, including mandatory screening, social distancing, and masking; and provide employees with verbal and written notice of their exposure prevention plans.Wed, 08 Sep 2021 00:00:00 -05001795e75c-05b0-4fe7-abaa-e30a3422a438Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRLeni D. BattagliaNew Yorkhttps://www.morganlewis.com/pubs/2021/09/immigration-and-customs-enforcement-further-extends-covid-19-related-i-9-complianceUS Immigration and Customs Enforcement (ICE) has extended a policy permitting acceptance of remote employment eligibility verification in limited circumstances through December 31, 2021.Wed, 01 Sep 2021 00:00:00 -0500513155bf-e169-4250-9713-25f520ef4e7fLabor, Employment & BenefitsGlobal Employment & ImmigrationUnited StatesEBLBRIMMEleanor PeltaEric S. BordWashington DCNew Yorkhttps://www.morganlewis.com/blogs/healthlawscan/2021/08/lawflash-green-card-applicants-required-to-be-fully-vaccinated-against-covid-19Our  immigration  team recently published a LawFlash discussing the Centers for Disease Control and Prevention’s (CDC’s) new policy under which all applicants for a green card must be fully vaccinated against COVID-19. This resource may be of interest to  Health Law Scan  readers, as this policy will impact green card applicants in the healthcare sector.Tue, 31 Aug 2021 00:00:00 -050047bafe1a-e0da-47a3-be54-e8c3a2031bb1Employment CounselingGlobal Employment & ImmigrationHealthcare & Life Sciences LitigationLabor, Employment & BenefitsHealthcareLBRIMMEBShannon A. DonnellyEleanor PeltaYesim UslucaWashington DChttps://www.morganlewis.com/news/2021/08/fda-approval-of-pfizer-biontech-vaccine-provides-cover-for-employer-mandates-hr-divePartner Daryl Landy spoke with HR Dive about the potential impact on employer vaccine mandates in the wake of full FDA approval of the Pfizer two-dose vaccine shots.Mon, 30 Aug 2021 00:00:00 -050008de93db-1299-4b46-ac57-5f70e593e3ebLabor, Employment & BenefitsEmployment CounselingOrganizational Culture: Change & ComplianceUnited StatesEBLBRWTRDaryl S. LandyOrange Countyhttps://www.morganlewis.com/pubs/2021/08/covid-19-concession-on-uk-right-to-work-checks-now-extended-to-5-april-2022The UK Home Office has announced that the temporary COVID-19 adjusted right-to-work checks have been extended to 5 April 2022 following the positive feedback on remote checks.Fri, 27 Aug 2021 00:00:00 -0500bb1932aa-9632-4918-9273-9b39521ae519Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeEBLBRIMMJennifer ConnollyYvette AllenShannon A. DonnellyLondonWashington DChttps://www.morganlewis.com/pubs/2021/08/green-card-applicants-required-to-be-fully-vaccinated-against-covid-19The US Centers for Disease Control and Prevention (CDC) recently announced a new policy under which all applicants for a green card must be fully vaccinated against COVID-19. As part of the green card application process, all individuals are required to undergo a medical exam by a civil surgeon. This surgeon will assess a full medical history, conduct a physical examination, ensure attainment of all required vaccinations, and screen for mental health, sexually transmitted diseases, and various other illnesses that have been determined to be adverse to the interests of the general public.Fri, 27 Aug 2021 00:00:00 -0500edfa7f1c-8073-4b53-a5a6-be76d15084fbLabor, Employment & BenefitsGlobal Employment & ImmigrationEmployment CounselingUnited StatesEBLBRIMMShannon A. DonnellyEleanor PeltaYesim UslucaWashington DChttps://www.morganlewis.com/news/2021/08/will-finra-permanently-allow-remote-inspections-of-b-ds-financial-advisor-iqIn light of COVID-19, the Securities Industry and Financial Markets Association (SIFMA) and other lobbying groups are pressuring the Financial Industry Regulatory Authority (FINRA) from returning to on-site inspections – and it appears FINRA might be willing to re-evaluate its protocol.Tue, 24 Aug 2021 00:00:00 -050083132a5b-f082-45b1-aa6f-759923b65573Investment ManagementCorporate, Finance & Investment ManagementBroker-Dealer Regulation & ComplianceUnited StatesIMPGCBTTAXAmy Natterson KrollWashington DChttps://www.morganlewis.com/pubs/2021/08/key-to-nyc-order-requires-proof-of-covid-19-vaccination-to-enter-entertainment-dining-fitness-venuesNew York City Mayor Bill de Blasio issued Executive Order 225 (the Order) and related guidance on August 16 regarding the “Key to NYC” vaccination requirements for indoor entertainment/recreation, dining, and fitness settings. Under these requirements, individuals age 12 and older will be required to show proof that they have received at least one dose of an approved COVID-19 vaccine before being admitted to certain covered indoor facilities. The requirements took effect on August 17 but will not be enforced until September 13, 2021.Thu, 19 Aug 2021 00:00:00 -0500188daa46-1ba5-4aae-b581-03e5a93401daLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRLeni D. BattagliaAshley J. HaleNew Yorkhttps://www.morganlewis.com/blogs/healthlawscan/2021/08/lawflash-osha-updates-guidance-to-mitigate-covid-19-in-the-workplaceMembers of our labor, employment, and benefits team recently published a LawFlash discussing the Occupational Safety and Health Administration’s (OSHA’s) updated  nonbinding COVID-19 guidance  applicable to all industries not otherwise covered by the OSHA  Emergency Temporary Standard .Thu, 19 Aug 2021 00:00:00 -0500cea4e877-9d68-452b-a06d-2923aa9eb56dEmployment CounselingHealthcare & Life Sciences LitigationLabor, Employment & BenefitsHealthcareLBREBKaiser H. ChowdhryMathew J. McKennahttps://www.morganlewis.com/pubs/2021/08/osha-updates-guidance-to-mitigate-covid-19-in-the-workplaceThe Occupational Safety and Health Administration (OSHA) recently updated its nonbinding COVID-19 guidance applicable to all industries not otherwise covered by its Emergency Temporary Standard (ETS).Thu, 19 Aug 2021 00:00:00 -0500171e74c9-e352-48d6-a777-2b301aeee518Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRKaiser H. ChowdhryMathew J. McKennaChicagoWashington DChttps://www.morganlewis.com/blogs/healthlawscan/2021/08/global-healthcare-transactions-series-check-out-our-asia-pacific-editionIn the most recent edition of our Global Healthcare Transactions Series, we focus on the Asia-Pacific region, which saw a wave of healthcare activity in 2020 including record high deals and a new peak for disclosed value. These gains can be attributed to macroeconomic trends such as aging populations and increasingly affordable healthcare, and favorable government policies encouraging local manufacturing and development of healthcare products.Tue, 17 Aug 2021 00:00:00 -050086e867bf-178b-483e-94fa-c134c4381648Bankruptcy, Restructuring & InsolvencyCorporate, Finance & Investment ManagementCapital Markets & Public CompaniesMergers & AcquisitionsAsiaDigital HealthHealthcareCBTLITSECMABernard Luihttps://www.morganlewis.com/pubs/2021/08/covid-19-policyholders-claims-against-insurers-get-boost-after-fca-test-caseThe UK Supreme Court issued a policyholder-friendly decision earlier this year on the Financial Conduct Authority’s business interruption test case. The judgment will apply to policyholders’ claims on a case-by-case basis.Mon, 16 Aug 2021 00:00:00 -0500ad1d240a-451a-4dcf-b735-ef9915a854efLitigation, Regulation & InvestigationsInsurance RecoveryUnited KingdomEuropeInsuranceLITPeter SharpPaul MesquittaLondonhttps://www.morganlewis.com/blogs/upandatom/2021/08/nrc-receives-passing-grade-from-oig-on-covid-19-adaptations-to-inspectionsThe NRC’s Office of the Inspector General (OIG) recently released a report (OIG-21-A-13) discussing the results of its audit of the NRC’s pandemic oversight of nuclear power plants. The purpose of the audit was to “assess the NRC’s policies and procedures for conducting reactor inspections during the COVID-19 public health emergency and to identify best practices that could be applied during future pandemics or other public health emergencies.” In short, the OIG found that:Mon, 16 Aug 2021 00:00:00 -050039d92dbd-d386-4fe8-b064-2b87c22c6d84Energy & InfrastructureEnergyENEWashington DChttps://www.morganlewis.com/blogs/healthlawscan/2021/08/cms-about-to-relaunch-its-tpe-audits-after-a-long-covid-19-public-health-emergency-pauseA notable headline from the August 12 MLN Connects Newsletter for healthcare providers states “CMS Resumes Targeted Probe & Educate Program.” Designed to help providers reduce claim denials and appeals, CMS suspended prepayment reviews under the Targeted Probe and Educate (TPE) program in response to the COVID-19 public health emergency (PHE) in March 2020. But unlike post-payment audits which have been active since CMS authorized its contractors to begin new audits in August 2020, TPE prepay reviews remained on hold.Fri, 13 Aug 2021 00:00:00 -0500ed989329-b681-448d-b308-aaed370a1229Healthcare & Life Sciences LitigationHealthcareHoward J. YoungHoustonWashington DChttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2021/08/phishing-for-force-majeure-whats-the-catchWith the recent onslaught of ransomware attacks, it’s time to revisit force majeure clauses (again). Earlier in the pandemic, we reviewed how COVID-19 could impact force majeure provisions. Since then, there has been a flurry of analyzing, renegotiating, and testing contractual language, as parties work through, or anticipate, pandemic-related difficulties. While contracting parties focus on striking a balance of when, and to what extent, a party’s performance will be excused due to pandemic-related circumstances, a different threat could follow a similar trajectory.Tue, 10 Aug 2021 00:00:00 -0500ddd43d3c-1ec0-4c0a-aafe-3c1a4892ceceUnited StatesTechnologyJonathan D. TraubA. Benjamin KlaberBostonPittsburghhttps://www.morganlewis.com/news/2021/08/many-california-workers-must-get-vaccines-or-routinely-test-for-covid-19-hr-magazinePartner Daryl Landy spoke with HR Magazine about a new statewide regulation that requires California state employees, healthcare workers and others in high-risk workplaces to either show proof of vaccination or complete regular testing.Fri, 06 Aug 2021 00:00:00 -0500a35d0560-8c8c-4aff-818d-fc4eb0f0c0dfLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRDaryl S. LandyOrange Countyhttps://www.morganlewis.com/pubs/2021/08/delta-variant-triggers-new-bay-area-face-covering-requirements-indoorsDue to increased COVID-19 positivity and hospitalization rates stemming from the Delta variant, including a rising number of breakthrough cases, public health officers in seven Bay Area counties—Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Sonoma— and the City of Berkeley all issued face covering orders on August 2, 2021. The orders became effective on August 3, 2021.Tue, 03 Aug 2021 00:00:00 -050011bc6737-ebaf-4dc2-b906-62c1e7256157Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRDaryl S. LandyOrange CountySan Franciscohttps://www.morganlewis.com/blogs/healthlawscan/2021/08/lawflash-guidance-on-covid-19-vaccine-mandate-legality-informs-federal-state-authorities-vaccine-approachesMembers of our labor and employment and healthcare teams recently published a LawFlash covering the US Department of Justice’s (DOJ’s) definitive guidance which specifically concluded that “federal law does not prohibit public or private entities from imposing vaccination requirements for vaccines that are subject to emergency use authorizations from the U.S. Food and Drug Administration.”Tue, 03 Aug 2021 00:00:00 -05006c1860b8-c1c2-4194-b64f-8f14d8a8708aEmployment CounselingLabor, Employment & BenefitsHealthcare & Life Sciences LitigationHealthcareLBREBSharon Perley MaslingDaryl S. Landyhttps://www.morganlewis.com/pubs/2021/08/guidance-on-covid-19-vaccine-mandate-legality-informs-federal-state-authorities-vaccine-approachesDespite initial ambiguity over the legality of an employer-imposed COVID-19 vaccine mandate in 2020, 2021 has brought a series of decisions and opinions from federal authorities and the judiciary clarifying that an employer vaccine mandate is legal, provided employers accommodate those who are unable to be vaccinated.Mon, 02 Aug 2021 00:00:00 -050013bdf50f-a5bf-43a7-a806-5b6784c9f3c2Labor, Employment & BenefitsEmployment CounselingUnited StatesHealthcareEBLBRSharon Perley MaslingDaryl S. LandyHoustonWashington DCOrange CountyNew Yorkhttps://www.morganlewis.com/pubs/2021/07/united-kingdom-permits-quarantine-free-travel-for-fully-vaccinated-arrivals-from-europe-united-statesThe UK government has waived quarantine requirements for visitors from Europe and the United States who have been fully vaccinated—and who have not been in France or a Red List country in the 10 days prior to arriving in the United Kingdom—as part of a range of new measures designed to continue reopening international travel.Fri, 30 Jul 2021 00:00:00 -05006c3d3c0b-643c-4656-9a95-de9cbc663033Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeUnited StatesEBLBRIMMJennifer ConnollyYvette AllenShannon A. DonnellyWashington DCLondonhttps://www.morganlewis.com/news/2021/07/biden-vaccine-mandate-for-federal-workers-could-set-precedent-for-private-employers-to-follow-cnbccomPartner Sharon Perley Masling spoke with CNBC about the potential impact of the Biden-Harris vaccine mandate for civilian federal workers on private business leaders.Thu, 29 Jul 2021 00:00:00 -050097da1cbc-7aa8-405b-aae3-0b3f720344c0Labor, Employment & BenefitsEmployment CounselingOrganizational Culture: Change & ComplianceUnited StatesEBLBRWTRSharon Perley MaslingWashington DChttps://www.morganlewis.com/pubs/2021/07/california-recommends-universal-face-masking-in-indoor-public-settingsAfter reviewing the updated CDC Interim Public Health Recommendations for Fully Vaccinated People and in response to the recent surge in COVID-19 rates and hospitalizations, particularly in areas with lower vaccination rates, the California Department of Public Health (CDPH) on July 28 revised its Guidance for the Use of Face Coverings (Guidance) to recommend that all persons, regardless of vaccination status, wear face masks in indoor public settings across California.Thu, 29 Jul 2021 00:00:00 -050007c246e9-dc69-475c-ae31-ef9dabaf203aLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRDaryl S. LandyCentury CityLos AngelesOrange CountySan FranciscoSilicon Valleyhttps://www.morganlewis.com/pubs/2021/07/cdc-releases-new-guidance-on-mask-usage-amid-flurry-of-covid-19-activityThe Centers for Disease Control and Prevention (CDC) has released updated guidance recommending that fully vaccinated persons in areas with substantial or high rates of COVID-19 transmission resume wearing masks in public indoor settings. The guidance also encourages all fully vaccinated persons who are exposed to COVID-19 to take a COVID-19 test three to five days after exposure, and to wear masks in public indoor settings for 14 days or until receiving a negative COVID-19 test. The guidance also recommends universal indoor masking for all teachers, staff, students, and visitors to schools, regardless of their vaccination status.Thu, 29 Jul 2021 00:00:00 -050025ac6e65-858b-41f1-a55a-3cb16aa64d52Labor, Employment & BenefitsUnited StatesEBLBRSharon Perley MaslingE. Pierce BlueNew YorkWashington DChttps://www.morganlewis.com/pubs/2021/07/covid-19-court-denies-motion-for-class-certification-in-ticket-refund-caseA federal district court in Florida denied a plaintiff’s motion for class certification in a putative class action asserting claims on behalf of ticket purchasers against Viagogo, a secondary ticket marketplace platform, for failing to provide refunds for canceled or postponed events. This is among the first decisions on motions for class certification in cases seeking reimbursement for events canceled due to COVID-19.Thu, 29 Jul 2021 00:00:00 -0500fb7a48cb-2109-44d1-856a-65e8551c873eLitigation, Regulation & InvestigationsGlobal Class & Group ActionsUnited StatesLITFranco A. CorradoCharles L. SolomontBernard J. Garbutt IIIMatthew M. PapkinChristina ChenGrant R. MacQueenBostonPhiladelphiaMiamiNew YorkSan Franciscohttps://www.morganlewis.com/news/2021/07/explainer-employers-have-legal-right-to-mandate-covid-shots-associated-pressPartner Sharon Masling spoke with the Associated Press about the legal rights of employers when looking to mandate a COVID-19 vaccination for employees.Tue, 27 Jul 2021 00:00:00 -0500921acc69-4574-4901-9c2b-aa8a26391d97Labor, Employment & BenefitsEmployment CounselingOrganizational Culture: Change & ComplianceUnited StatesEBLBRWTRSharon Perley MaslingWashington DChttps://www.morganlewis.com/blogs/healthlawscan/2021/07/in-case-you-missed-it-seed-financing-structures-for-digital-health-companiesMembers of our emerging business and technology team recently hosted a webinar on seed financing structures for digital health companies. The program, led by partner Benjamin David Novak and associate Jessica Lee, discussed the market trends in digital health company financings as well as the various deal structures frequently used in seed financings.Thu, 22 Jul 2021 00:00:00 -0500770ee112-df3d-4212-8e09-45ac1553ac23Corporate, Finance & Investment ManagementEmerging Companies & Venture CapitalPrivate EquityDigital HealthFintech & Digital AssetsHealthcareLife SciencesTechnologyCBTEBTPEBenjamin David Novakhttps://www.morganlewis.com/blogs/healthlawscan/2021/07/tele-tuesday-cms-keeps-its-foot-on-the-gas-for-telehealth-rpmThe Centers for Medicare and Medicaid Services (CMS) recently released a table copy of its calendar year 2022 Medicare physician fee schedule proposed rule . The proposed rule is chock full of policy updates concerning telehealth, remote physiologic monitoring (RPM), and new remote therapeutic monitoring codes. Coming on the heels of the significant telehealth waivers put in place during the COVID-19 public health emergency (PHE), CMS proposes to continue the steady expansion of virtual care options with this rule.Tue, 20 Jul 2021 00:00:00 -05000916d659-9f57-4d36-b584-aa74876dbb3fHealthcare & Life Sciences LitigationDigital HealthHealthcarehttps://www.morganlewis.com/pubs/2021/07/new-york-releases-required-airborne-infectious-disease-exposure-prevention-standardThe New York State Department of Labor (DOL) published the Airborne Infectious Disease Exposure Prevention Standard (the Standard) on July 6 pursuant to the New York Health and Essential Rights Act (HERO Act) as well as a template compliant safety plan. By August 5, 2021, employers must either adopt an applicable template plan or establish an alternative plan that meets the Standard’s minimum requirements. While employers must make available and communicate the existence and contents of their plan to employees by September 4, 2021, they do not need to actually implement the safety controls in the plan until the New York Department of Health declares an outbreak of an infectious disease, which has not happened yet.Mon, 19 Jul 2021 00:00:00 -0500f06f78e4-8b2b-4283-82ae-5f75f89560e6Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRLeni D. BattagliaNew Yorkhttps://www.morganlewis.com/pubs/2021/07/la-county-will-issue-health-officer-order-with-face-mask-mandate-regardless-of-vaccination-statusThe Los Angeles County Department of Public Health issued a press release on July 15 indicating that on July 16 it will post a modified county Health Officer Order requiring everyone, regardless of vaccination status, to wear a mask in indoor public settings and businesses beginning Saturday, July 17, at 11:59 pm. With this order, Los Angeles County will be more restrictive than the guidance from the Centers for Disease Control and Prevention, the California Department of Public Health, and Cal/OSHA, all of which allow fully vaccinated individuals to forgo wearing a mask in most indoor settings.Fri, 16 Jul 2021 00:00:00 -0500aa39f8be-7af3-4743-ae57-464402bbf900Labor, Employment & BenefitsUnited StatesEBLBRDaryl S. LandyOrange CountySan Franciscohttps://www.morganlewis.com/pubs/2021/07/uk-immigration-update-graduate-route-now-availableThe UK government has now opened the new Graduate Route for visa applications. The Graduate Route will allow international students to remain in the United Kingdom for two years after graduating from a higher education provider to enable them to find work. The new route is part of the government’s push to attract and retain talented individuals.Tue, 13 Jul 2021 00:00:00 -0500fc26e478-29aa-4989-a447-46c071d0b922Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeEBLBRIMMJennifer ConnollyYvette AllenShannon A. DonnellyWashington DCLondonhttps://www.morganlewis.com/pubs/2021/07/update-quarantine-free-travel-for-fully-vaccinated-travelersThe UK government, in line with its roadmap out of lockdown, has announced that travelers who have been vaccinated with an NHS-administered vaccine in the United Kingdom (plus 14 days), or are on a formally approved UK vaccine clinical trial, will no longer need to quarantine on their return to the United Kingdom from an amber list country.Fri, 09 Jul 2021 00:00:00 -050019c4b8f2-254c-4b28-8cfa-62286174b273Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeEBLBRIMMJennifer ConnollyYvette AllenShannon A. DonnellyLondonhttps://www.morganlewis.com/pubs/2021/07/what-post-covid-health-provider-ma-could-look-like-law360After a sluggish year for mergers and acquisitions (M&A) among hospitals and health systems, 2021 has shown renewed vigor and is poised for considerable transactional activity, according to a Law360 article by partners Mark Stein and Sandra Vrejan.Tue, 06 Jul 2021 00:00:00 -05007f49e144-4c76-4b10-9916-0bd81f0b9037Corporate, Finance & Investment ManagementMergers & AcquisitionsHealthcare TransactionsBankruptcy, Restructuring & InsolvencyAntitrust & CompetitionUnited StatesHealthcareCBTMALITATRMark B. SteinSandra J. VrejanDallasBostonhttps://www.morganlewis.com/pubs/2021/06/calosha-takes-employers-on-a-covid-19-prevention-rollercoaster-ride-daily-journal-june-30Partner Daryl Landy co-authored an article for the Daily Journal regarding Cal/OSHA’s changing approach to the Emergency Temporary Standards (ETS) it has issued over the last year. The article highlights the inconsistency in the standards, which has created a “skeptical employer audience when it comes to future emergency standards.”Wed, 30 Jun 2021 00:00:00 -05007fa254b2-a7c4-41e4-93c4-40110745e965Labor, Employment & BenefitsWorkplace Health & SafetyOrganizational Culture: Change & ComplianceUnited StatesRetail & EcommerceEBLBRLBRREWTRDaryl S. LandyOrange CountyLos Angeleshttps://www.morganlewis.com/pubs/2021/06/covid-19-concession-on-uk-right-to-work-checks-now-ends-31-august-2021As a result of the UK government’s 14 June announcement to extend the date for the easing of lockdown restrictions and social distancing measures, the UK Home Office has announced that the temporary COVID-19 adjusted right-to-work checks will now end on 31 August 2021, as opposed to 20 June 2021.Fri, 25 Jun 2021 00:00:00 -05004a36bbde-9a41-4f2e-9263-dddc13292f40Labor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeEBLBRIMMJennifer ConnollyYvette AllenShannon A. DonnellyLondonhttps://www.morganlewis.com/blogs/healthlawscan/2021/06/introducing-our-global-healthcare-transactions-series-how-covid-19-impacted-transactions-in-the-united-statesOur healthcare   team recently launched a publication series highlighting the global impact of COVID-19 on healthcare transactions. Around the globe, the healthcare industry has faced similar issues from the unprecedented pandemic, prioritizing their operational response to COVID-19. Now, as countries begin to reopen, healthcare entities may refocus on planning for long-term transformation of their business models. In this series, we will explore how the pandemic impacted healthcare transactions in specific regions and what we can expect in a post-pandemic world.Thu, 24 Jun 2021 00:00:00 -05003942947c-5ffe-4006-a3cc-dc9e7f50367bAntitrust & CompetitionBankruptcy, Restructuring & InsolvencyCorporate, Finance & Investment ManagementHealthcare TransactionsMergers & AcquisitionsHealthcareATRCBTLITMAZachary M. JohnsRyan KantorMark B. SteinSandra J. VrejanDallasPhiladelphiaNew YorkBostonhttps://www.morganlewis.com/pubs/2021/06/cal-osha-readopts-standards-that-now-account-for-fully-vaccinated-employees-in-the-workplaceThe Cal/OSHA Standards Board voted on June 17 to “readopt” the COVID-19 Prevention Emergency Temporary Standards (ETS) with several revisions that brought the ETS rules for fully vaccinated employees more in line with the Centers for Disease Control and Prevention (CDC) and California Department of Public Health’s (CDPH) guidance. Later that day, Governor Gavin Newsom issued Executive Order N-09-21 that eliminated 10 days of administrative review so that the ETS could take effect immediately.Tue, 22 Jun 2021 00:00:00 -0500c5fb8cb9-8f6f-405b-b346-3e7b61e3cac2Labor, Employment & BenefitsWorkplace Health & SafetyEmployment CounselingUnited StatesEBLBRLBRREDaryl S. LandyCentury CityLos AngelesOrange CountySan FranciscoSilicon Valleyhttps://www.morganlewis.com/pubs/2021/06/santa-clara-county-phasing-out-covid-19-vaccine-status-ascertainment-other-requirements-for-employersSanta Clara County, California issued a health officer order on June 21, 2021, to phase out its May 18 health officer order, which required businesses to ascertain the vaccination status of all personnel working in the county and to follow up every two weeks with those who had not yet indicated they were fully vaccinated. The county also lifted its other COVID-19-related requirements for businesses, replacing them with recommendations that businesses are encouraged to follow.Tue, 22 Jun 2021 00:00:00 -050085fb5d94-0215-44fa-a28c-7a38aa1a1dcaLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRDaryl S. LandySan FranciscoSilicon Valleyhttps://www.morganlewis.com/pubs/2021/06/global-healthcare-transactions-series-how-covid-19-impacted-transactions-in-the-united-statesAfter a sluggish year in 2020 for mergers and acquisitions among hospitals and health systems, 2021 has shown renewed vigor and is poised for considerable transactional activity.Thu, 17 Jun 2021 00:00:00 -05007d886c22-cda7-4404-9961-df1325987941Healthcare TransactionsCorporate, Finance & Investment ManagementAntitrust & CompetitionBankruptcy, Restructuring & InsolvencyMergers & AcquisitionsUnited StatesHealthcareCBTATRLITMAZachary M. JohnsRyan KantorMark B. SteinSandra J. VrejanDallasPhiladelphiaWashington DCNew YorkBostonhttps://www.morganlewis.com/pubs/2021/06/new-york-drops-covid-19-restrictions-as-state-reaches-70-vaccination-goalGovernor Andrew Cuomo announced on June 15 that the State of New York reached its goal of 70% of adult New Yorkers receiving at least one dose of a COVID-19 vaccine.Wed, 16 Jun 2021 00:00:00 -0500600984e2-18b5-4c25-9d3e-3ab976d534d7Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRLeni D. BattagliaElisa C. EgonuNew Yorkhttps://www.morganlewis.com/blogs/healthlawscan/2021/06/lawflash-osha-issues-emergency-temporary-standard-for-healthcare-employers-and-directs-all-other-employers-to-nonbinding-guidanceMembers of our labor, employment & benefits and healthcare teams recently published a LawFlash discussing the Occupational Safety and Health Administration’s (OSHA’s) updated COVID-19 guidance for employers. The long-awaited COVID-19 Emergency Temporary Standard (ETS) is effective as of June 10, 2021, but only applies to employers in healthcare and healthcare support services settings. Employers covered by the ETS have 14 days (from the date that the ETS is published in the Federal Register) to comply with most provisions, and 30 days (also from the date of publication in the Federal Register) to comply with the provisions related to physical barriers, ventilation, and training.Tue, 15 Jun 2021 00:00:00 -050091e9b836-bf52-4760-a20d-24cdb399eda6Labor, Employment & BenefitsEmployment CounselingWorkplace Health & SafetyHealthcare & Life Sciences LitigationHealthcareEBLBRLBRREE. Pierce BlueKaiser H. Chowdhryhttps://www.morganlewis.com/news/2021/06/vaccine-incentives-guidance-from-eeoc-leaves-employers-guessing-bloomberg-lawPartner Sharon Masling was quoted in a Bloomberg Law article about guidance from the US Equal Employment Opportunity Commission on incentives that could be offered to encourage employees to receive COVID-19 vaccinations.Mon, 14 Jun 2021 00:00:00 -0500fc5cbaa9-eae0-417a-b7b0-722718ef5f4dLabor, Employment & BenefitsEmployment CounselingWorkplace Health & SafetyUnited StatesEBLBRLBRRESharon Perley MaslingWashington DChttps://www.morganlewis.com/pubs/2021/06/cal-osha-reverses-course-on-covid-19-standards-state-public-health-and-la-county-update-mask-guidanceIn another reversal, on June 9 the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board unanimously voted to withdraw the “Readopted” Emergency Temporary Standards that it had approved just six days earlier, while the California Department of Public Health (DPH) previewed new face mask guidance that aligns with the Centers for Disease Control and Prevention’s (CDC’s) face mask guidance and will take effect June 15. In addition, the health department from Los Angeles County—the county with the largest population and with the highest number of COVID-19 cases and deaths in the state since the pandemic began—announced that it will adopt the state DPH guidance except that employers must adhere to Cal/OSHA standards.Fri, 11 Jun 2021 00:00:00 -05008f3cc5b0-3ef6-4f02-b9cf-3f959c79f6c8Labor, Employment & BenefitsWorkplace Health & SafetyUnited StatesEBLBRLBRREDaryl S. LandyCentury CityLos AngelesOrange CountySan FranciscoSilicon Valleyhttps://www.morganlewis.com/pubs/2021/06/osha-issues-emergency-temporary-standard-for-healthcare-employers-and-directs-all-other-employers-to-nonbinding-guidanceThe Occupational Safety and Health Administration (OSHA) issued important updates to its COVID-19 guidance for employers on June 10. To start, the long-awaited COVID-19 Emergency Temporary Standard (ETS) is effective immediately, but it only applies to employers in healthcare and healthcare support services settings. Employers covered by the ETS have 14 days (from the date that the ETS is published in the Federal Register, which could be any day now) to comply with most provisions, and 30 days (also from the date of publication in the Federal Register) to comply with the provisions related to physical barriers, ventilation, and training.Fri, 11 Jun 2021 00:00:00 -050066b0378c-8f1b-422e-b740-a14c48e62ed8Labor, Employment & BenefitsWorkplace Health & SafetyEmployment CounselingUnited StatesHealthcareEBLBRLBRREE. Pierce BlueKaiser H. Chowdhryhttps://www.morganlewis.com/news/2021/06/california-regulators-go-back-to-the-drawing-board-on-covid-19-workplace-rules-the-recorderMorgan Lewis partner Daryl Landy spoke with The Recorder after California state regulators rescinded COVID-19 workplace safety rules.Thu, 10 Jun 2021 00:00:00 -0500de7884c0-fd64-4eb6-a8f8-c993ceebb6bcLabor, Employment & BenefitsWorkplace Health & SafetyUnited StatesEBLBRLBRREDaryl S. LandyLos AngelesOrange Countyhttps://www.morganlewis.com/pubs/2021/06/new-york-state-updates-covid-19-office-rules-as-vaccination-numbers-continue-to-riseOn June 8, 2021, the New York State Department of Health released updated interim guidance for office-based workplaces that removes significant prior restrictions. This new guidance comes on the heels of Governor Andrew Cuomo’s recent announcement that once 70% of adult New Yorkers have received at least the first dose of the COVID-19 vaccine, almost all applicable guidance will become optional, except that unvaccinated individuals still need to wear face coverings and maintain social distancing. According to Governor Cuomo, New York is expected to hit the 70% threshold during the week of June 14, if not earlier.Thu, 10 Jun 2021 00:00:00 -050066fcc7ac-76c8-4551-89b3-0057dd20c627Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRLeni D. BattagliaElisa C. EgonuNew Yorkhttps://www.morganlewis.com/blogs/healthlawscan/2021/06/lawflash-eeoc-updates-technical-guidance-on-covid-19-with-focus-on-vaccine-records-and-incentivesMembers of our labor and employment and employment counseling teams recently published a LawFlash discussing the US Equal Employment Opportunity Commission’s (EEOC’s) long-awaited update to its technical assistance guidance on COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other federal equal employment opportunity (EEO) laws.Tue, 08 Jun 2021 00:00:00 -05001070ee6b-0698-4340-918e-6757a1130ed0Labor, Employment & BenefitsEmployment CounselingHealthcare & Life Sciences LitigationHealthcareEBLBRSharon Perley MaslingE. Pierce Bluehttps://www.morganlewis.com/pubs/2021/06/cal-osha-standards-board-tenuously-approves-updated-covid-19-prevention-standardsAt a Standards Board meeting on June 3, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) “readopted” its COVID-19 Prevention Emergency Temporary Standards with revisions as published on May 28.Fri, 04 Jun 2021 00:00:00 -050072201995-4057-461d-b525-23f797a4bfe2Labor, Employment & BenefitsWorkplace Health & SafetyUnited StatesEBLBRLBRREDaryl S. Landyhttps://www.morganlewis.com/news/2021/06/interview-with-eddie-mair-lbc-radioMorgan Lewis partner Louise Skinner was interviewed by Eddie Mair on LBC Radio about the prospect of making COVID-19 vaccinations compulsory for care home staff.Wed, 02 Jun 2021 00:00:00 -050090fc0791-29fa-42c5-94f3-d250fb3a2bddLabor, Employment & BenefitsGlobal Employment & ImmigrationUnited KingdomEuropeHealthcareEBLBRIMMLouise SkinnerLondonhttps://www.morganlewis.com/pubs/2021/06/cal-oshas-proposed-updated-covid-19-prevention-standards-are-more-restrictive-than-cdcsThe California Division of Occupational Safety and Health (Cal/OSHA) on May 28 released much-anticipated updated text for its proposed “Readoption” of COVID-19 Prevention Emergency Temporary Standards. Perhaps the biggest surprise was what Cal/OSHA did not change.Tue, 01 Jun 2021 00:00:00 -0500083fca5e-46d9-46d4-a139-ffc68993d832Labor, Employment & BenefitsWorkplace Health & SafetyUnited StatesEBLBRLBRREDaryl S. LandyLos AngelesOrange Countyhttps://www.morganlewis.com/pubs/2021/06/eeoc-updates-technical-guidance-on-covid-19-with-focus-on-vaccine-records-and-incentivesThe US Equal Employment Opportunity Commission (EEOC) released a long-awaited update to its technical assistance guidance on COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other federal equal employment opportunity (EEO) laws on May 28, 2021. The document addresses frequent employer questions related to requiring vaccines for employees and providing incentives to employees to encourage vaccinations under the ADA, Title VII, and the Genetic Information Nondiscrimination Act (GINA).Tue, 01 Jun 2021 00:00:00 -0500b4bc6ea8-f5f0-41d0-b55f-546803a9def0Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRSharon Perley MaslingE. Pierce BlueWashington DCNew Yorkhttps://www.morganlewis.com/pubs/2021/05/a-midyear-update-on-the-sports-industryThe sports industry was among the first to navigate the resumption of some sense of regular play amid the pandemic, but it was far from normal. That wasn’t necessarily a bad thing. As sports have routinely blazed a trail for others to follow, teams and franchises continued that streak, first testing and then improving on ways to protect their players and staff from COVID-19, all the while attracting new interest from investors and advancing the call for racial justice. Now as many stadiums reopen to full capacity, we take a look back at what lessons the sports industry is likely to carry forward for the rest of 2021.Fri, 28 May 2021 00:00:00 -05006c9aff1b-6b9e-4d08-a2bb-466993a6f003Labor, Employment & BenefitsOrganizational Culture: Change & CompliancePrivate EquityEuropeUnited StatesSportsEBLBRWTRPELouise SkinnerJeffrey S. Mooradhttps://www.morganlewis.com/blogs/asprescribed/2021/05/fda-provides-much-needed-guidance-on-master-protocols-for-covid-19-drugsThe US Food and Drug Administration (FDA) has issued new guidance describing its current recommendations with respect to master protocols for the evaluation of drugs and biologics to treat or prevent COVID-19. While somewhat belated, this guidance may shed light on FDA’s approach to master protocols for other disease states/products.Fri, 28 May 2021 00:00:00 -0500576d6534-31ea-4621-a11f-ed497c023c55FDA & HealthcareLife SciencesFDAJacqueline R. Bermanhttps://www.morganlewis.com/pubs/2021/05/new-jersey-oregon-and-washington-remove-masking-social-distancing-requirements-for-vaccinated-employeesNew guidance will allow employees in New Jersey, Oregon, and Washington to go maskless and stop social distancing if they provide their employers proof of vaccination against COVID-19.Fri, 28 May 2021 00:00:00 -0500413e2762-eb89-4bf2-9ca4-355728cb2782Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRAugust W. Heckman IIIPrincetonPhiladelphiaNew Yorkhttps://www.morganlewis.com/pubs/2021/05/gtdt-2021-the-future-of-flexible-working-for-global-employers-following-the-covid-19-pandemicThe forced and sudden shift to remote working will long be recognized as one of the most significant impacts of the COVID-19 pandemic for employers. Although government-imposed restrictions have fluctuated from time to time around the world, the fact that many of the world’s largest economies have remained in some form of lockdown for more than a year has dispelled any doubts that the shift to remote working is a short-term phenomenon. The expectation is that, even after vaccination programs are complete, a large proportion of employees will expect to work from home at least some of the time going forward in a hybrid model. Employers’ response to this change in working habits may be crucial to their future success, and it brings with it many employment-law considerations.Thu, 27 May 2021 00:00:00 -050060d7c059-df45-429b-be16-376ee5823f8fLabor, Employment & BenefitsGlobal Employment & ImmigrationAfricaAsiaLatin AmericaMiddle EastUnited KingdomEuropeUnited StatesEnergyHealthcareLife SciencesRetail & EcommerceSportsTechnologyEBLBRIMMLouise SkinnerMatthew HowseLondonhttps://www.morganlewis.com/news/2021/05/pandemic-fraud-prosecutions-put-spotlight-on-doj-priorities-girPartner Matt Miner was quoted in a Global Investigations Review article about the increase in Covid-19 relief related fraud claims being dealt with by the US Department of Justice (DOJ). Matt told GIR that despite the increased workload, he doesn’t expect CARES Act enforcement to have an effect on resources broadly at DOJ’s Fraud Section.Thu, 27 May 2021 00:00:00 -050075fe8006-f150-4fd0-80f0-cb38f8af77f1Litigation, Regulation & InvestigationsWhite Collar Litigation & Government InvestigationsFalse Claims Act & Qui Tam LitigationForeign Corrupt Practices Act & Global Anti-CorruptionUnited StatesHealthcareLITFDAWashington DChttps://www.morganlewis.com/blogs/healthlawscan/2021/05/update-states-to-implement-cdc-guidance-on-mask-useMembers of our labor and employment team have published resources highlighting updates to state mask guidance in California , Illinois , Massachusetts , New York , New Jersey, Oregon, and Washington in alignment with the Centers for Disease Control and Prevention’s (CDC’s) new guidance that allows fully vaccinated individuals to forgo masks and social distancing requirements in most indoor and outdoor locations.Wed, 26 May 2021 00:00:00 -05000b92d237-ee6c-4776-b46e-9f803c4dd3f9Employment CounselingHealthcare & Life Sciences LitigationLabor, Employment & BenefitsHealthcareLBREBhttps://www.morganlewis.com/pubs/2021/05/massachusetts-to-remove-most-covid-19-business-restrictionsMassachusetts Governor Charlie Baker announced on May 17 that Massachusetts will rapidly accelerate the commonwealth’s reopening process by adopting the Centers for Disease Control and Prevention’s (CDC’s) Interim Public Health Recommendations for Fully Vaccinated People. Effective May 29, all businesses can open at 100% capacity, with very limited exceptions. The governor also announced that the 14-month state of emergency will end on June 15, 2021.Tue, 25 May 2021 00:00:00 -0500766c53b3-3d84-45c8-a630-2854fc73f7c6Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRSiobhan E. MeeBostonhttps://www.morganlewis.com/pubs/2021/05/california-will-move-beyond-the-blueprint-for-a-safer-economy-effective-june-15-2021The California Department of Public Health (CDPH) announced the state will move beyond the Blueprint for a Safer Economy, allowing businesses to return to usual operations (with limited exceptions for Mega Events), effective June 15, 2021.Mon, 24 May 2021 00:00:00 -05004d5d110c-b733-45ec-b1bb-bd3a9b156edaLabor, Employment & BenefitsEmployment CounselingWorkplace Health & SafetyUnited StatesEBLBRLBRREDaryl S. LandyCentury CityLos AngelesOrange CountySan FranciscoSilicon Valleyhttps://www.morganlewis.com/pubs/2021/05/santa-clara-county-requires-employers-to-ascertain-vaccination-status-of-personnelOn May 18, 2021, Santa Clara County issued the Order of the Health Officer of the County of Santa Clara to Protect the Community from COVID-19, which became effective on May 19, 2021. Most notably, the order requires employers to ascertain the vaccination status of personnel by June 1, 2021; institute mandatory reporting for employees if they test positive for COVID-19; and enforce additional rules for personnel who are not fully vaccinated.Sat, 22 May 2021 00:00:00 -05002d639b6f-9fd0-4a0c-8318-0a9295b83085Labor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRDaryl S. LandyClaire M. LesikarOrange CountySan FranciscoSilicon Valleyhttps://www.morganlewis.com/pubs/2021/05/cal-osha-board-delays-proposed-readoption-of-covid-19-emergency-temporary-standardsThe California Occupational Safety and Health (Cal/OSHA) Standards Board has decided to delay approving Cal/OSHA’s proposed “readoption” of the COVID-19 Prevention Emergency Temporary Standards pending Cal/OSHA’s anticipated further proposed revisions in light of recent mask guidance from the Centers for Disease Control and Prevention.Fri, 21 May 2021 00:00:00 -05002fe061d1-f059-43cc-bea0-bfb2cc207d67Labor, Employment & BenefitsWorkplace Health & SafetyUnited StatesEBLBRLBRREDaryl S. Landyhttps://www.morganlewis.com/news/2021/05/segregating-unvaccinated-workers-think-twice-attorneys-warn-bloomberg-lawMorgan Lewis partner Klair Fitzpatrick was quoted in a Bloomberg Law article about the potential legal risks of segregating vaccinated and unvaccinated employees in the workplace. “Workers can refuse the jab based on disability or religious belief, so employers could then face allegations of bias against those workers if they suffer negative consequences as a result of being segregated," Klair said in the article.Fri, 21 May 2021 00:00:00 -050051c8d156-d9d7-4379-ba1e-f823dd4f6da4Labor, Employment & BenefitsEmployment CounselingOrganizational Culture: Change & ComplianceUnited StatesEBLBRWTRA. Klair FitzpatrickPhiladelphiahttps://www.morganlewis.com/pubs/2021/05/illinois-and-chicago-implement-cdc-guidance-on-mask-use-for-vaccinated-individualsIllinois Governor J.B. Pritzker announced that effective May 17, 2021, the State of Illinois is adopting the Centers for Disease Control and Prevention’s new guidance regarding face coverings for fully vaccinated individuals. The next day, Chicago Mayor Lori Lightfoot announced similar changes to Chicago’s face covering requirements.Thu, 20 May 2021 00:00:00 -0500ea06e7d1-7980-4611-b618-364f96674eabLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRStephanie L. SweitzerChristopher B. DempseyChicagohttps://www.morganlewis.com/blogs/healthlawscan/2021/05/in-case-you-missed-it-insight-insurance-liability-and-enforcement-considerations-for-organizations-providing-vaccine-accessMembers of our healthcare and life sciences teams recently published an analysis of key insurance, liability, and enforcement considerations for organizations providing vaccine access. Highlights include the state and federal laws providing protection to organizations during an outbreak of an infectious disease, what is important for private employers contemplating the administration of closed point-of-delivery vaccination programs to know, and current enforcement trends.Thu, 20 May 2021 00:00:00 -05008749e3a8-2107-40d9-bdff-953825c00f66Healthcare & Life Sciences LitigationProduct Liability & Mass TortsLitigation, Regulation & InvestigationsHealthcareLife SciencesLITJohn P. Lavelle, Jr.https://www.morganlewis.com/pubs/2021/05/updated-cdc-and-osha-guidance-on-mask-usage-and-effects-on-retail-employersThe Centers for Disease Control and Prevention (CDC) updated its guidance for fully vaccinated individuals on May 13 to state that “fully vaccinated people no longer need to wear a mask or physically distance” in most settings, subject to applicable law or workplace guidance.Thu, 20 May 2021 00:00:00 -050067d002d2-c322-4fc7-9e57-2ba047362ceeUnited StatesRetail & EcommerceSharon Perley MaslingE. Pierce BlueAnne Marie EstevezNick BolterChristina Edling MelendiGregory T. Parkshttps://www.morganlewis.com/pubs/2021/05/california-will-align-mask-guidance-with-cdc-guidance-as-of-june-15-2021California will keep its existing mask guidance in place until June 15, 2021, when it aims to “fully reopen the economy.” Thereafter, California will align its mask guidance with the Centers for Disease Control and Prevention’s mask guidelines for fully vaccinated individuals.Tue, 18 May 2021 00:00:00 -05008fad4d53-66d8-4f12-af57-9fd9c766cc0aLabor, Employment & BenefitsUnited StatesEBLBRDaryl S. LandyLos AngelesOrange Countyhttps://www.morganlewis.com/blogs/healthlawscan/2021/05/lawflash-cdc-updates-guidance-to-permit-vaccinated-workers-to-remove-masks-in-most-indoor-settingsMembers of our labor and employment team recently published a LawFlash examining the Centers for Disease Control and Prevention’s (CDC’s) new guidance stating fully vaccinated individuals can safely forgo masks and social distancing requirements in most indoor locations. This policy change is due to new information showing reduced risk of COVID-19 infection in vaccinated individuals and reduced risk of transmission from fully vaccinated persons to unvaccinated persons.Tue, 18 May 2021 00:00:00 -05005c92c656-46f1-4d50-9cb3-17a85c433082Healthcare & Life Sciences LitigationLabor, Employment & BenefitsEmployment CounselingHealthcareEBLBRSharon Perley MaslingA. Klair FitzpatrickE. Pierce BlueKaiser H. Chowdhryhttps://www.morganlewis.com/pubs/2021/05/new-york-to-implement-cdc-guidance-on-indoor-mask-use-and-social-distancingGovernor Andrew Cuomo announced that effective Wednesday, May 19, 2021, New York State will adopt the Centers for Disease Control and Prevention’s (CDC’s) Interim Public Health Recommendations for Fully Vaccinated People for most businesses and public settings.Tue, 18 May 2021 00:00:00 -05004013fd91-004a-4fe9-ba47-e413abf20d9bLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRLeni D. BattagliaElisa C. EgonuNew Yorkhttps://www.morganlewis.com/pubs/2021/05/insurance-liability-and-enforcement-considerations-for-organizations-providing-vaccine-accessThe recent rollout of various COVID-19 vaccines has raised many questions around their availability, distribution, and requirements for employers and other groups, including essential insurance, liability, and enforcement considerations. Here we provide key legal and regulatory perspectives for those organizations providing access to the vaccines and/or mandating vaccination. Highlights include the state and federal laws providing protection to organizations during an outbreak of an infectious disease and what employers contemplating the administration of a closed point-of-delivery (POD) vaccination program need to know.Mon, 17 May 2021 00:00:00 -05009a4a9888-8100-4622-b13e-3d2b97accd8dLitigation, Regulation & InvestigationsHealthcare & Life Sciences LitigationProduct Liability & Mass TortsUnited StatesHealthcareLife SciencesLITJohn P. Lavelle, Jr.HoustonPhiladelphiaWashington DChttps://www.morganlewis.com/pubs/2021/05/strategies-for-success-the-importance-of-workplace-culture-in-the-post-pandemic-world-international-employment-lawyerPartners Louise Skinner and Lee Harding authored an article for International Employment Lawyer that outlined strategies for maintaining a healthy workplace culture.Mon, 17 May 2021 00:00:00 -05000da563fd-2c69-4a62-83d3-1f4db7867a9dLabor, Employment & BenefitsUnited KingdomEuropeEBLBRLouise SkinnerLondonhttps://www.morganlewis.com/pubs/2021/05/cdc-updates-guidance-to-permit-vaccinated-workers-to-remove-masks-in-most-indoor-settingsThe Centers for Disease Control and Prevention (CDC) updated its guidance for fully vaccinated individuals on May 13 to state that “fully vaccinated people no longer need to wear a mask or physically distance” in most settings, subject to applicable law or workplace guidance.Fri, 14 May 2021 00:00:00 -050061820d6e-585e-4503-9ece-d90abd04f0dfLabor, Employment & BenefitsEmployment CounselingUnited StatesEBLBRSharon Perley MaslingA. Klair FitzpatrickE. Pierce BlueKaiser H. ChowdhryNew YorkPhiladelphiaWashington DC