The Legal Brief

Data Privacy/Data Security Laws Are Set to be Enforced - Are You Ready? (First In A Series)

June 4, 2020

Almost all businesses have been impacted in some way by the COVID-19 pandemic. Uncertainty, often coupled with an abrupt business interruption, forced many executives to put their company’s initiatives on temporary hold. The pandemic did not affect the July 1, 2020 enforcement deadline for the California Consumer Privacy Act (“CCPA”) and the Cybersecurity Maturity Model Certification (“CMMC”),…

Higher Education Institutions the Target of Class-Action Lawsuits Amidst COVID-19 Response

June 1, 2020

In March, many higher education institutions made the difficult decision to send students home to combat the spread of the COVID-19 virus and implemented distance learning techniques such as video lectures and online modules to finish the current semester. Forty-one states followed up with orders forcing most non-essential businesses to close or restrict access. Now, after students were sent home…

Craving the spa, gym time, or a haircut: What are you willing to waive in return?  

May 29, 2020

As a result of Governor Justice’s most-recent Executive Order, West Virginia businesses are beginning to reopen. For those of us who have not had a haircut, gone to the gym, or shopped in a retail store since March, this is good news. We can now stop watching YouTube videos on how to cut and dye our own hair. We can also stop fretting over whether we should purchase a Peloton or set up a home…

What is required for a valid waiver in Kentucky?

May 22, 2020

Kentucky is one of the minority of states that generally requires pre-injury waivers to specifically refer to negligence or clearly intend to bar negligence through other language.¹ Kentucky courts use a specific test when determining whether to uphold a pre-injury release. Such a release will be upheld only if:

1. it explicitly expresses an intention to exonerate by using the word “negligence;” or …

What is required for a valid waiver in Colorado?

May 22, 2020

Contractual waiver of liability clauses are recognized under Colorado law, but are construed narrowly and “closely scrutinized” to make sure that the agreement was fairly entered into and that the intention of the parties is expressed in clear and unambiguous language. Raup v. Vail Summit Resorts, Inc., 233 F. Supp. 3d 934, 942 (D. Colo. 2017), aff’d, 734 Fed. Appx. 543 (10th Cir. 2018); citing …

Business Invitees and Express Waivers in Indiana

May 22, 2020

On May 1st, Indiana Governor Eric Holcomb announced Indiana’s “Back on Track” plan, a five-stage roadmap to reopen the state for business. As businesses begin reopening under this plan, they must take steps to keep employees and customers safe from communicating Covid-19 and safeguard against potential liability if a customer contracts the disease at the business location. An express waiver or…

USPTO Revises Deadlines in Light of Pandemic

May 12, 2020

The U.S. Patent and Trademark Office (USPTO) temporarily revised statutory deadlines as authorized by the CARES Act, moving many deadlines to June 1, 2020, if the filing delay was due to COVID-19 related circumstances. The party requesting the extension must include a statement that:

A practitioner, applicant, patent owner, petitioner, third-party requester, inventor, or other person associated…

Pennsylvania Executive Order Grants Civil Immunity to Healthcare Providers – Important Limitations and Takeaways

May 11, 2020

Last week, Governor Wolf issued an executive order on May 6, 2020, effective immediately, intended to provide healthcare practitioners with protection from liability while conducting emergency services activities or disaster services activities related to the Commonwealth’s COVID-19 emergency response (“COVID-Services”). The Executive Order designates certain individual healthcare practitioners…

Kentucky State Veterinarian Recommends Best Practices for Yearling Inspections in Advance of Revised Thoroughbred Sales Season

May 9, 2020

As the thoroughbred industry tries to return to a sense of normalcy, plans for thoroughbred sales are underway. Fasig-Tipton has adjusted its calendar to present a new Selected Yearling Showcase on September 9-10 for yearlings typically considered for The Saratoga Sale, as well as yearlings that would typically be offered in the upper echelon of its July Sale and New York Bred Yearling Sale.…

Ohio Judicial Conference Publishes COVID-19 Continuing Operations Checklist

May 8, 2020

The Ohio Judicial Conference has published a checklist designed to guide Courts with respect to jury trials during COVID-19. The first part of this document provides suggestions and checklists that comply with the general guidelines of keeping numbers low in meetings and public spaces, keeping distance between people, using personal protective equipment, and the like. The second part of this…

Supreme Court of Appeals of West Virginia Issues Resumption of Operations Order and Protocols for Court Operations After Expiration of Judicial Emergency

May 7, 2020

On May 6, 2020, The Supreme Court of Appeals of West Virginia took the first step towards moving past the Covid-19 crisis by issuing an administrative order entitled “Resumption of Operations” stating that “certain court business may resume upon expiration of the judicial emergency” in accordance with Covid-19 Resumption of Operations Protocols issued the same day. The Court’s most recent orders…

Watch out CCPA: California Privacy Rights Act Seeks to Strengthen California Privacy Laws 

May 7, 2020

On June 28, 2018, the California legislature passed the California Consumer Privacy Act (“CCPA”), which went into effect on January 1, 2020. Enforcement of the CCPA will begin on July 1, 2020, which gives companies a grace period to ensure compliance with the new law, a task that has caused concern with these companies. However, compliance with the CCPA may look different in the near future.…