Member Publications

On July 18, 2023, the United States Court of Appeals for the Seventh Circuit issued a decision in Ye v. GlobalTranz Enters., Inc. where the Court examines whether the express preemption provision of the Federal Aviation Administration Authorization Act (FAAAA) bars a negligent hiring claim against a freight broker based on the broker’s selection of a motor carrier and, if it does, whether the safe…

Recently, the United States Court of Appeals for the Seventh Circuit issued a unanimous 3-0 decision, Prime Insurance Company v. Wright, 57 F.4th 597 (7th Cir. 2023), that insurance coverage language modeled after sections 29 and 30 of the Motor Carrier Act of 1980, also known as an MCS-90 endorsement, requires insurance providers to make payments to injured parties, even if the insurance provider…

Uncertainty surrounding the legal use of American suppliers has been challenging for many businesses in recent years. Now the US and the EU have finally agreed on a framework for the transfer of personal data - the Data Privacy Framework (DPF). This means that it will now be easier to legally transfer data to the USA. But before you let the cheers go, you need to check whether the supplier you wan…

One thing we can be certain of in workers’ compensation cases in Tennessee is changes, and 2023 was no exception.  The changes were effective generally as of July 1, 2023. Judges now have discretion to award a 25% penalty to an employee whose employer/carrier “unreasonably” fails to provide medical benefits under a settlement or judgment after receiving notice of the obligation to provide the t…

Data Protection Impact Assessment is a systematic process used to assess and mitigate privacy risks associated with the processing of personal data in order to determine appropriate measures to address those risks. By undertaking a Data Protection Impact Assessment (DPIA), organizations can guarantee thorough consideration and effective management of privacy risks, ultimately improving and reinfor…

Carbon trading involves a market-based system designed to reduce the greenhouse gas emissions that contribute to global warming, especially carbon dioxide, by creating a financial incentive to do so. One may wonder how does this market work? Where does carbon offsetting fit into the picture? Transactions involve buying and selling carbon credits permits between countries, which allows the holder …

On July 26, 2023, the Securities and Exchange Commission (“SEC”) adopted final rules, rule amendments and form amendments to expand and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies. The final rules largely mirror the SEC’s proposed rules issued on March 9, 2022. By a 3-2 vote, the SEC adopted the final rules in re…

The July Monthly Minute introduces Part I of our mental health parity update and provides highlights of the newly released proposed rules under the MHPAEA. Part I -- New Proposed Rules Addressing Mental Health Parity Compliance At the end of this month, the Departments (collectively the DOL, HHS and Treasury) released a deluge of mental health parity (MHP) guidance, most notably proposed rules und…

The International Sustainability Standards Board (ISSB) have released the final versions of their climate and sustainability disclosure standards, IFRS S1 General Requirements for Disclosure of Sustainability-related Financial Information (“IFRS S1”) and IFRS S2 Climate-related Disclosures (“IFRS S2”) (collectively, the “ISSB Standards”). Subsequently, the Australian Government released its second…