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  • Client Alert
October 1, 2015

Earlier this year, the U.S. Department of Health and Human Services Office of Civil Rights (OCR) announced that it would be conducting “Phase 2 Audits” of covered entities and business associates for compliance with the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA”). These audits will focus, in part, on a covered entity’s or business associate’s security risk assessments, mitigation plans, breach notification procedures, encryption and training and the necessary privacy and security policies and procedures. The OCR expects that these Phase 2 Audits will commence in the fourth quarter of 2015 and into 2016. For additional information, please read our client alert.

September 2, 2015
August 7, 2015

The Federal Communications Commission in July issued a Declaratory Ruling and Order responding to 21 separate requests for clarification of its rules implementing the Telephone Consumer Protection Act.

August 4, 2015

Recently, the Internal Revenue Service (IRS) released updates to its Audit Technique Guide for Nonqualified Deferred Compensation Plans (Audit Guide). The Audit Guide provides valuable information regarding what the IRS will look at in the event it audits a Nonqualified Deferred Compensation Plan (NQDC Plan). This information is especially valuable in light of the IRS’ recent NQDC Plan audit initiative, which it is likely to expand once it finishes with the initial limited phase. For more information, please read our client alert.

July 10, 2015
On July 9, 2015 the Arizona Supreme Court issued its opinion in Wilks v. Manobianco. The issue in the case was whether an insurance agent’s compliance with Arizona Revised Statutes (A.R.S.) § 20-259.01, which requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage to insureds, precluded a negligence claim against the agent for failure to procure the UIM coverage requested by the insured which the agent agreed to procure. For more information, please read our client alert.
July 2, 2015

On June 25, 2015, the EEOC issued updated enforcement guidelines regarding the Pregnancy Discrimination Act (PDA) in response to the U.S. Supreme Court’s recent decision in Young v. United Parcel Services, Inc., 135 S. Ct. 1338 (2015). In Young, the Court declined to give special, controlling weight to the July 2014 EEOC guidelines, finding the guidance was inconsistent with the EEOC’s prior positions, and the EEOC did not explain the basis for the guidance. For additional information, please read our client alert.

July 1, 2015

In a decision issued on June 25, 2015, the United States Supreme Court ruled that the Fair Housing Act of 1968 (the FHA) prohibits unintentional, or “disparate,” discrimination as well as intentionally discriminatory practices. The case was decided in the context of disparate-income claims against a state agency administering the federal Low Income Housing Tax Credit (LIHTC) program. The Supreme Court’s opinion, while allowing FHA disparate-impact claims to proceed, also included cautionary language counseling lower courts against adjudicating disparate-impact claims in a manner that would discourage housing authorities and developers from engaging in housing development for low-income persons. The case will now return to the federal trial court for a determination, on the merits, of whether the LIHTC allocation decisions by the state housing agency constituted disparate-income discrimination. For more information, please read our client alert.

June 30, 2015

On June 30, 2015, President Obama and Secretary of Labor Perez issued proposed changes to the “white collar” and related overtime exemption regulations.

June 25, 2015
Today the United States Supreme Court issued its opinion in King v. Burwell, the case challenging whether the Internal Revenue Service (IRS) can offer tax credit subsidies to individuals enrolled in health insurance through a federally operated Exchange. For additional information, please read our client alert.
May 29, 2015
Following in the footsteps of California’s Bay Area, New York City and Washington, D.C. recently passed laws requiring employers to offer commuter benefit programs to their employees. Both laws take effect January 1, 2016. A summary of the Affordable Transit Act (the NYC Act) and the Transit Benefit Requirements Act (the D.C. Act) is available in our client alert.
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