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Expert Analysis

• SEC's Climate Rules Promote Compliance, Not Real Change

  

  Compliance with the U.S. Securities and Exchange Commission’s proposed new rules requiring corporate disclosures of activities and risks associated with climate change will be performative, and the flawed rules will fail at their primary purpose — giving investors and stakeholders actionable information, say Nir Kossovsky and Denise Williamee at Steel City Re.

• Cos. In Port Areas Face Growing Longshore Act Claims Risk

  

  Trucking companies and other businesses with operations located near waterfront cargo terminals should be aware that courts' inconsistent application of the Longshore and Harbor Workers' Compensation Act could increase their exposure to workers' compensation litigation, says Matthew Malouf at Bauer Moynihan.

• What Ohio's 'Surprise Billing' Ban Means For Providers

  

  Ohio's new law prohibiting certain out-of-network billing practices presents some difficult issues for providers — especially rural providers — to navigate, and likely will lead to inconsistent reimbursement rates and considerable administrative costs, say attorneys at Dinsmore.

• SG Must Take A Stand On Medical Cannabis Reimbursement

  

  The solicitor general's expected brief in Musta v. Mendota Heights Dental Center — on whether the U.S. Supreme Court should resolve how federal drug laws affect state laws requiring workers’ compensation benefits for medical marijuana treatment — will need to make a clear recommendation, because the cannabis industry can no longer tolerate half measures, says David Standa at Greenspoon Marder.

• Best Practices For Boards, Execs After SEC's Cyber Proposal

  

  The U.S. Securities and Exchange Commission's recently proposed cybersecurity disclosure rules signal that officers and directors, not just companies, may find themselves in the SEC's crosshairs over cyber incidents and disclosure failings, but several best practices and steps can help minimize their risk, says Matthew Dunn at Carter Ledyard.

• A Workers' Comp. Defense Refresher For Georgia Employers

  

  With workers’ compensation claims projected to increase as employees return to the workplace amid a slowing pandemic, Georgia employers and insurers should understand the available defenses under state law, including willful misconduct and intoxication, to protect against liability, say Debra Chambers and Nichole Novosel at Swift Currie.

• Group Plan Questions After Telehealth Coverage Extension

  

  The recently enacted Appropriations Act extends a pandemic-era provision allowing health benefit plans to provide predeductible coverage for telehealth services, but without more permanent guidance from the IRS or Congress, key questions remain about retroactive liability and long-term solutions, say attorneys at King & Spalding.

• Justices Must Apply Law Evenly In Shadow Docket Rulings

  

  In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

• 9th Circ.'s Hasty UnitedHealth Reversal Is Disappointing

  

  The Ninth Circuit’s recent decision to overturn a ruling that ordered a UnitedHealth subsidiary to reassess thousands of behavioral health benefit claims treats the district court’s detailed findings with surprising haste and is open to serious question that cries out for en banc review, says Mark DeBofsky at DeBofsky Sherman.

• ERISA Ruling Was Right To Seal Sensitive Records

  

  An Ohio federal court’s recent decision to seal the record in Price v. Hartford Life and Accident Insurance, and comparable rulings in other jurisdictions, shows that the sensitive information standard that limits access to Social Security records should apply to Employee Retirement Income Security Act claim files that are similar in nature, says Mark DeBofsky at DeBofsky Sherman.

• Supply Chain Issues Put Carmack Preemption In Spotlight

  

  As U.S. businesses continue to struggle with supply chain problems, claims for losses and damages during shipping are likely to increase — so companies should make sure they understand how the Carmack Amendment preempts most state law claims related to carrier liability for cargo loss, and what the exceptions are, says Andrew Steif at Gunster.

• Aviation Watch: How Russia Sanctions Will Affect Aviation

  

  Sanctions levied against Russia in the wake of its invasion of Ukraine will likely leave the country with almost no national air transport industry, but will also have significant impacts on the Western aviation sector as well, from complicating flight paths to jeopardizing leasing arrangements, says Alan Hoffman, a retired attorney and aviation expert.

• Why Climate Plaintiffs Are Filing Securities, Consumer Suits

  

  While U.S. climate change lawsuits against carbon majors based on public nuisance tort claims have largely ended up in a procedural and jurisdictional maze, climate plaintiffs may be more successful with claims based on state securities and consumer protection laws, say Nick Dolejsi and Kyle Espinola at Zelle.