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While the individual mandate remains in effect, Congress set the penalty at zero several years ago, so federallaw no longer imposes any real consequence for not getting insurance. This federallaw generally allows a parent to get the medical records of their child, with certain exceptions.
Unless applicable laws or the terms of the mortgage provide a right to reinstatement, a lender does not need to permit reinstatement, but they may find this solution simpler than foreclosure. Under federallaw, a tenant generally can stay until the lease ends even if their landlord loses ownership of the property.
The single biggest impediment to blog success for lawyers is failing to focus on a niche. Niche blogs become must reads for an audience, enable a lawyer to build a reputation (often where no other lawyer is playing) and enable relationships to flourish, often for work outside the niche. The tighter the niche the better.
The pertinent question should not be whether contracts mimic copyright, but whether they undermine the policies underlying copyright law. If a contract does that, it should not be enforceable as a matter of federallaw. How to Correctly Answer the Right Question: Applying Conflict Preemption In X v. The post X Corp.
When Can a Federal Court Hear a Case? There are two main situations in which a federal court might be able to hear a case. The first is when the lawsuit raises a question of federallaw. This is called diversity of citizenship.
The court says breezily that “As Section 230s barrier to suit is evident from the face of Affleck’s complaint, regardless of the content of his posts, the Crimson is immune from Affleck’s state and federal constitutional claims, as well as claims under federallaw.”
The discussion of bank lending in the Banking and Finance Law Center describes some of the main federallaws that govern this area. Other federallaws regulate mortgage lending when a consumer purchases a home.
Federallaw provides for a narrow exception, though, if a debtor can show that this would cause an undue hardship to the debtor and their dependents. A utilities provider also might need to give certain notice to a consumer before terminating service based on non-payment. Can I Get Rid of Student Loan Debt Through Bankruptcy?
Federallaw lists certain categories of debts that generally cannot be discharged , which means that bankruptcy will not eliminate them in most situations. This can significantly reduce the stress on a debtor. However, a creditor can ask the court to lift the stay in certain situations. Are There Any Debts That Cannot Be Wiped Out?
The “zero tolerance” regime for drivers under 21 arose from a federallaw that conditioned highway funding on prohibiting these drivers from driving with a BAC of.02 It will order the driver to stop the car if it finds that their BAC is too high. What Does “Zero Tolerance” Mean for Underage DUI? 02 or higher.
Over the last several years, some states have enacted data privacy laws that govern how businesses collect, store, and use the personal information of consumers. The federal government has not yet enacted a comprehensive data privacy law, although various federallaws protect certain types of people or information.
Federallaws protect the online privacy of children, who offer inviting targets to scammers perpetrating identity theft because children have no credit history, and the theft may go unnoticed for longer. This sometimes can lead to criminal charges, even if it was consensual.
These cover personal taxes , business taxes , tax debts when someone falls behind on their obligations, and tax audits when the IRS checks to make sure that a taxpayer followed the law. The Tax Law Center also covers topics such as property tax , estate tax , and sales tax more briefly.
The plaintiff claimed that federallaw didn’t preempt his state law claim, but the court breezily rejects that. (I Nextdoor appeared first on Technology & Marketing LawBlog. Because the removal of content is a traditional editorial function, Section 230(c)(1) bars plaintiff’s lawsuit.”
Most major universities receive federal funds. This means that they must comply with a federallaw called Title IX that requires equal opportunities for male and female athletes. Direct “pay for play” remains forbidden, though.
That the CDA is a federallaw does not mean Mr. Fyk can bring a claim against the United States government; preventing such a flood of lawsuits is at the core of standing doctrine. US appeared first on Technology & Marketing LawBlog.
Even if an employer owns the device, collecting browser history, app usage, or personal messages can trigger violations of the Stored Communications Act (SCA), the Electronic Communications Privacy Act (ECPA), and other federallaws. Data Retention: A Double-Edged Sword U.S.
The Draft Regulations note several federallaw preemptions, including for entities and data subject to HIPAA, entities and data subject to the FCRA, and data subject to the GLBA. To subscribe to the Data Blog, please click here. The cover art used in this blog post was generated by DALL-E.
For example, the statement summarizes the EEOC’s remit in enforcing federallaws that make it unlawful to discriminate against an applicant or employee and the EEOC’s enforcement activities related to AI, and includes a link to a technical assistance document.
On 1 July 2021, [1] FederalLaw No. 236-FZ on the Internet Activities of Foreign Entities in the Russian Federation (the “Law”) [2] came into force, requiring establishment of local presence, such as a branch, a representative office, or a subsidiary, for foreign Internet companies whose activities are focused on Russian users.
Under federallaw, whistleblowers who provide the SEC with original, timely, and credible information that leads to a successful enforcement action may be eligible for awards ranging from 10 to 30 percent of the money collected, when monetary sanctions exceed $1 million. [3] To subscribe to the Data Blog, please click here.
In this Debevoise Data Blog post, we discuss how people are using ChatGPT at their jobs, what are the associated risks and what policies companies should consider implementing to reduce those risks. The authors would like to thank Debevoise Law Clerk Lex Gaillard for their work on this Debevoise Data Blog post.
On 1 March 2021, FederalLaw No. 519-FZ on Amendments to the FederalLaw on Personal Data dated 30 December 2020 (the “Law”) came into force. 3] To subscribe to the Data Blog, please click here. [1] 3] Article 13.11 (1) of the Administrative Offences Code of the Russian Federation.
The MHMDA includes data exemptions for HIPAA, quality assurance testing, and health records governed by or created pursuant to other state and federallaws. Unlike many state privacy laws, the MHMDA does not contain entity-level exemptions such as exemptions for financial institutions subject to the Gramm-Leach-Bliley act.
The MHMDA includes data exemptions for HIPAA, quality assurance testing, and health records governed by or created pursuant to other state and federallaws. Unlike many state privacy laws, the MHMDA does not contain entity-level exemptions such as exemptions for financial institutions subject to the Gramm-Leach-Bliley act.
Already published applications included a letter to landlords requesting a rent deferral under FederalLaw due to the pandemic and a letter to mortgage lenders requesting mortgage forbearance also under FederalLaw.
However, federallaw requires airlines to reimburse passengers for canceled or, in some situations, “significantly delayed” flights. Department of Transportation (“DOT”) make things “right?”
between (i) a plaintiff’s statutory cause of action to sue a defendant over the defendant’s violation of federallaw and (ii) a plaintiff’s suffering concrete harm because of the defendant’s violation of federallaw.” The Supreme Court identified “an importance difference.
HIPAA : The Health Insurance Portability and Accountability Act (HIPAA) is a federallaw that requires healthcare providers and “ business associates ” to protect protected health information (PHI) from inadvertent disclosure. Check out our blog post on understanding HIPAA compliance for more information.
Even though all of the TransUnion plaintiffs claimed they were harmed by the defendant’s violation of federallaw, the Supreme Court found only those who suffered a “concrete” injury—separate from the violation alone— had standing. To subscribe to the Data Blog, please click here.
Ensuring that your law firm’s website is ADA compliant is another way to show that you care. In this blog, we’ll cover the basics of the ADA and ADA compliance. We’ll also dive into how to make your law firm website accessible and why, above all, accessibility matters and should be strived for. Let’s get moving! What is the ADA?
For purposes of these blog posts, we focus mainly on the former use case—matching a face to a specific person for identification purposes—rather than other use cases such as emotional evaluation and lie detection. To subscribe to the Data Blog, please click here.
Here, Bright Data has alleged many antitrust theories, under many state and federallaws. The post Catching Up on the Heavyweight Scraping Battle Between X and Bright Data (Guest Blog Post) appeared first on Technology & Marketing LawBlog. Maybe one or two will stick.
Federallaws and regulations provide specific protections to people with disabilities. This federallaw covers not only people with disabilities but also people who are perceived as having disabilities and people who have relationships or associations with people with disabilities.
Federallaw requires a minimum wage of $7.25 per hour, unless an employee is “exempt” under the law, but some states have a higher minimum wage. Although federallaw does not require an employer to provide meal breaks to employees, some states require meal breaks. What’s the Minimum Wage Where I Live?
If they owe estate tax under federallaw, the payout of a life insurance policy will be included in their taxable estate unless they transfer ownership of the policy to someone else, or unless their spouse is the sole beneficiary. This allows them to adjust the amount of their premiums and the scope of their coverage each year.
On Wednesday, a three-judge panel in the Philadelphia-based 3rd US Circuit Court of Appeals heard oral arguments regarding whether a lawsuit against social media company TitTok should be revived despite a federallaw that generally shields internet platforms from liability… Continue reading → The post A Family’s Plea: Appellate Court Urged (..)
Meanwhile, a federallaw called Title IX prohibits discrimination based on sex in schools that receive federal funding. Schools & LGBTQ+ Youth As their sexuality and gender identity develop, children who are starting to identify as LGBTQ+ may face severe problems at school, such as bullying by their peers.
While federallaw governs people and businesses across the U.S., each state has developed its own set of laws in many areas. These range from employment and family law to personal injury and criminal law. State laws may resemble one another in some situations, but they may vary greatly in others.
Since we affirm the district court’s rulings on the state law claims, we need not resolve the federallaw cross appeal.” Letgo appeared first on Technology & Marketing LawBlog. Nevertheless, the Tenth Circuit dodges it: “We need not reach this issue. Letgo, Inc. 2024 WL 372218 (10th Cir.
Instead, the Act further centralizes CISA as the primary hub within the federal government for information sharing and allows CISA to refer cases to the Department of Justice and other federal agencies for enforcement and prosecution of other federallaws or regulations.
On Wednesday, a three-judge panel in the Philadelphia-based 3rd US Circuit Court of Appeals heard oral arguments regarding whether a lawsuit against social media company TitTok should be revived despite a federallaw that generally shields internet platforms from liability.
Federal Election Commission (“FEC”) : The FEC approved a rulemaking petition to amend its regulation on fraudulent misrepresentations of campaign advertisements to clarify that the regulations apply to AI-generated political advertisements. Comments are due by October 16. The post specifies that all stages of AI development (e.g.,
The ADPPA places direct obligations on service providers, including obligations not found in other state privacy laws such as a prohibition on transferring data (except to another service provider) without affirmative express consent. To subscribe to our Data Blog, please click here. ADPPA § 302(a). ADPPA § 404(b)(1)‑(3).
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