Epstein Becker & Green, P.C.

Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. Founded in 1973 as an industry-focused firm, Epstein Becker Green has decades of experience serving clients in health care, financial services, retail, hospitality, and technology, among other industries, representing entities from startups to Fortune 100 companies. Operating in locations throughout the United States and supporting domestic and multinational clients, the firm’s attorneys are committed to uncompromising client service and legal excellence.

Latest from Epstein Becker & Green, P.C. - Page 2

Workforce Bulletin

“Ban the Box” Update: St. Louis Enacts Ordinance; California and Hawaii Expand Existing Laws

By Amanda M. Gómez

October 21, 2020

In the last several years, a growing number of states and municipalities have passed “ban the box” laws that to varying degrees prohibit employers from inquiring into a job applicant’s criminal background until later in the hiring process and/or restrict employers from using certain criminal conviction information in connection with their hiring decisions. Recently, St. Louis, Missouri joined this group, while California and Hawaii expanded their existing prohibitions on criminal history inquiries. St. Louis, Missouri…

Commercial Litigation Update

Cybersecurity Lessons from the Twitter Hack as New York’s Chief Financial Services Regulator Calls for a Dedicated Cybersecurity Regulator of Large Social Media Companies

By Brian G. Cesaratto

October 20, 2020

Take-5-EmpBen-Cybersecurity-shutterstock_1095422036

There are cybersecurity lessons to be learned from high profile data breaches and the ensuing regulatory responses. The recent well-publicized Twitter hack is no different. According to the New York State Department of Financial Services (“NYSDFS”) investigation and report, on July 15, 2020, a 17-year old hacker and his accomplices easily misled Twitter’s employees into disclosing their credentials resulting in a breach of Twitter’s network and the hackers’ takeover of accounts assigned to…

Trade Secrets & Employee Mobility

Secrecy Is a Necessary, but Not Sufficient, Condition of Alleging Information Is “Trade Secret”: A Court Rules Information Must Confer a Competitive Business Advantage to Receive Statutory Trade Secret Protection Under DTSA

By Brian E. Spang

October 19, 2020

In Payward, Inc. v. Runyon, Case No. 20-cv-02130-MMC, the United States District Court for the Northern District of California granted a Rule 12(b)(6) motion, ruling that information alleged to be “secret” failed to qualify as a “trade secret” under the Defend Trade Secrets Act. The Court applied California and federal precedent explaining trade secret information confers a competitive business advantage, and found the complaint lacked any such allegations. The decision make sense given the…

Health Law Advisor

Data Breaches and HIPAA Enforcement Remain Endemic Amidst the COVID-19 Pandemic

By Michelle Capezza & Alaap Shah

October 16, 2020

Recently, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS), the agency enforcing the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules, obtained two large breach-related settlements: one from a HIPAA Covered Entity and one from a HIPAA Business Associate. These enforcement actions signal that despite COVID-19 related challenges, organizations continue to face rampant data breaches and ensuing HIPAA enforcement. On September 25,…

Workforce Bulletin

Rule 8: Don’t Waste the Crisis – Return to Work in the Time of COVID-19

By Ian Carleton Schaefer & Matthew Savage Aibel

October 14, 2020

Part 8 of a series featuring our video Rules of the Road: Return to Work in the Time of COVID-19. If there has been one, singular guiding principle or mantra that has sustained us, challenged us, and in some cases, inspired us over these last few months, this is it: “Don’t Waste the Crisis.” It is also the mantra that will propel us forward. Flashback to the eve of Governor Cuomo’s Executive Order in March,…

Health Employment and Labor

New California Laws for 2021 Provide COVID-19 Protections and Expand Family Leave

By Denise Dadika

October 13, 2020

Our colleagues David M. Prager, Jennifer L. Nutter, Alice Kwak, and Mary T. Vu at Epstein Becker Green recently published an Act Now Advisory that will be of interest to our readers in the health care industry: “Annual California Employment Law Update: New Laws for 2021 Provide COVID-19 Protections and Expand Family Leave.” This year, Governor Gavin Newsom signed numerous employment-related bills passed by the California Legislature. Major changes affecting employers…

Workforce Bulletin

OSHA Updates Its COVID-19 Reporting Requirements for All Employers

By Robert J. O'Hara & Elizabeth D. Houghton

October 9, 2020

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently updated its COVID-19 Frequently Asked Questions (“FAQ”) regarding employers’ reporting obligations during the COVID-19 pandemic. As previously reported, effective as of May 26, 2020, OSHA has declared COVID-19 a recordable illness for all employers. Thus, employers are responsible for recording workplace cases of COVID-19 on a OSHA 300 Log if the case: (1) is confirmed COVID-19, as defined by Centers for Disease…

Workforce Bulletin

Webinar Video: Avoiding Discrimination Claims in the Great Employment Reset – Class Action Avoidance Series

By Epstein Becker & Green, P.C.

October 9, 2020

In this installment of Epstein Becker Green’s “Class Action Avoidance” webinar series, attorneys Lauri F. Rasnick and Frank C. Morris, Jr. address potential discrimination class actions related to office reopenings, the changing way in which we work, and the impact that the pandemic has had on individuals in protected classes. As many employers think about reopening their offices and other workspaces, they should consider how they do so very carefully in order to avoid decisions…

Workforce Bulletin

Video: Judge Barrett’s Employment Law Record – Employment Law This Week

By Epstein Becker & Green, P.C.

October 8, 2020

As featured in #WorkforceWednesday: While some might expect U.S. Supreme Court nominee Amy Coney Barrett to be a pro-employer judge, her record on labor and employment decisions could tell a different story. Attorney David Garland discusses Judge Barrett’s record and what it could mean for employers should she be confirmed to the High Court. Read more about Judge Barrett’s record (subscription required). Video: YouTube, Vimeo, MP4, Instagram.…

Commercial Litigation Update

Trial and Error: COVID-19 Challenges Courts Hoping to Resume Jury Trials

By Thomas Kane & Maximilian D. Cadmus

October 8, 2020

Mark Twain once said: “Trial by jury is the palladium of our liberties. I do not know what a palladium is, but I am sure it is a good thing!” If Mr. Twain were alive today, he wouldn’t be quite so sure that jury trials conducted during the COVID-19 pandemic are really such a good thing. Recent news reports suggest that a vaccine may not be available until next spring at the earliest, and it…

Epstein Becker & Green, P.C.

“Ban the Box” Update: St. Louis Enacts Ordinance; California and Hawaii Expand Existing Laws

Cybersecurity Lessons from the Twitter Hack as New York’s Chief Financial Services Regulator Calls for a Dedicated Cybersecurity Regulator of Large Social Media Companies

Secrecy Is a Necessary, but Not Sufficient, Condition of Alleging Information Is “Trade Secret”: A Court Rules Information Must Confer a Competitive Business Advantage to Receive Statutory Trade Secret Protection Under DTSA

Data Breaches and HIPAA Enforcement Remain Endemic Amidst the COVID-19 Pandemic

Rule 8: Don’t Waste the Crisis – Return to Work in the Time of COVID-19

New California Laws for 2021 Provide COVID-19 Protections and Expand Family Leave

OSHA Updates Its COVID-19 Reporting Requirements for All Employers

Webinar Video: Avoiding Discrimination Claims in the Great Employment Reset – Class Action Avoidance Series

Video: Judge Barrett’s Employment Law Record – Employment Law This Week

Trial and Error: COVID-19 Challenges Courts Hoping to Resume Jury Trials

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