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The Maryland digital advertising tax and what it means for you

By DeAndré Morrow, Jeremy Abrams & John P. Feldman

March 2, 2021

When the Maryland General Assembly overrode a gubernatorial veto on Friday, February 12, 2021, it became the first state in the U.S. to place a tax on digital advertising services. Much remains to be seen as both chambers of Maryland’s General Assembly consider amendments to the new law and challenges make their way through the courts. In the meantime, DeAndré Morrow, Jeremy Abrams, and John Feldman wrote a new Reed Smith In-Depth analyzing the immediate…

Technology Law Dispatch

ENISA publishes Cloud Security for Healthcare Services report

By Cynthia O’Donoghue & Sarah O'Brien

March 2, 2021

On January 18 2021, the European Union Agency for Cybersecurity (ENISA) published its Cloud Security for Healthcare Services report, which provides cybersecurity guidelines to healthcare organisations and discusses relevant data protection considerations and cybersecurity risks when using cloud services. The report builds on the previous procurement guidelines for cybersecurity in hospitals and comes at a time where the European Commission is progressing its European Health Data space initiative to promote the safe exchange of…

Drug & Device Law

Another Strike Against Failure to Report Claims

By Michelle Yeary

March 2, 2021

This time out of Massachusetts. And in an opinion authored by a female judge. This isn’t something we would normally take the time to point out, but as we embark on the 39th Women’s History Month, the combination of Massachusetts and a female judge stood out to us. Afterall, Massachusetts was home to Abigail Adams, one of her husband’s closest advisors. It was Abigail who implored John Adams in 1776 to “Remember the ladies and…

Employment Law Watch

California Supreme Court rejects rounding time for meal breaks

By Michele Haydel Gehrke & Brandon Nhan

March 1, 2021

On February 25, 2021, the California Supreme Court decided Donohue v. AMN Services, LLC[1] (Donohue). In that case, the court held that (1) employers cannot round time in the meal period context and (2) time records showing noncompliant meal periods raise a rebuttable presumption of a meal period violation. Accordingly, the court’s decision has significant implications for employers who rely on time keeping systems that round time during employee meal breaks. California’s meal period…

EHS Law Insights

EPA indicates intention to regulate certain PFAS in drinking water

By Megan Haines, Daniella D. Landers, Todd O. Maiden, Ben H. Patton, Jennifer A. Smokelin & Phillip H. Babich

March 1, 2021

The EPA is moving towards establishing a drinking water standard for PFOA and PFOS, and has stated that it is considering avenues for regulating additional groups of PFAS under the Safe Drinking Water Act (SDWA) as well. On February 22, 2021, the EPA announced two actions under SDWA to address PFAS. First, the agency reissued the final regulatory determination to implement a National Primary Drinking Water Regulation (NPDWR) for PFOS and PFOA (the “Determination”). This…

Drug & Device Law

Zantac Chronicles III – The Persistence of Preemption

By Bexis

March 1, 2021

In the third of the three significant decisions issued in the In re Zantac MDL, No. 2924, on New Year’s Eve, preemption prevailed again – this time barring claims asserted against drug retailers and pharmacists, both branded and generic. In re Zantac (Ranitidine) Products Liability Litigation, ___ F. Supp.3d ___, 2020 WL 7864585 (S.D. Fla. Dec. 31, 2020). For anyone who hasn’t read our prior “Zantac Chronicles” posts, the relevant facts are these: …

Employment Law Watch

IR35 changes – Are you ready?

By David Ashmore & Joanna D'Cruz

February 26, 2021

With 6 April 2021 quickly approaching, the IR35 reforms are now back on the agenda and fast becoming a priority. Affected businesses need to have their implementation process in place before the IR35 reforms take effect. IR35 is designed to ensure that appropriate income tax and national insurance contributions (NICs) are paid by contractors who provide their services through an intermediary company. In a nutshell, the IR35 rules bite where, but for that intermediary company,…

Drug & Device Law

The Southern District of Mississippi Gets It Right in Mesh Summary Judgment Decision

By Rachel B. Weil

February 26, 2021

It’s a good day in suburban Philadelphia. The sun is shining, the snow is melting, Covid-19 cases are down nationwide, and we just got a text from the Drug and Device Law Rock Climber heralding a weekend visit (with the Irascible Rescue Pomeranian in tow). We are enjoying a welcome (if cautious) flash of optimism. And today’s case did nothing to dampen our spirits. In Lim v. Ethicon, Inc., 2021 WL 612399, __ F. Supp.…

Technology Law Dispatch

New podcast channel, Tech Law Talks, now live!

By Anthony Diana, Therese Craparo, Trevor Satnick & Erika Kweon

February 25, 2021

Reed Smith is proud to announce the launch of its sixth podcast channel, Tech Law Talks. The channel will present in-depth, practical observations on tech and data legal trends that practitioners encounter every day. Tune in for regular discussions led by the firm’s technology lawyers about the legal and business issues around data protection, privacy and security; data risk management; intellectual property; social media; and more. First up on the channel is the M365 in …

Health Industry Washington Watch

New IRS rulemaking impacts FCA settlement payment deductibility

By Rick Robinson & James F. Hennessy

February 25, 2021

Effective January 14, 2021, the Internal Revenue Service (“IRS”) implemented a final rule (the “Final Rule”) concerning the tax deductibility of settlement payments made to the government. This rulemaking followed a legislative update to the Internal Revenue Code of 1986 (“IRC”), which was implemented as part of the 2017 federal tax overhaul and specifically included a prohibition against deducting certain settlement payments. Relative to the IRS proposed regulations released in May 2020 (the “Proposed Rule”),…

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The Maryland digital advertising tax and what it means for you

ENISA publishes Cloud Security for Healthcare Services report

Another Strike Against Failure to Report Claims

California Supreme Court rejects rounding time for meal breaks

EPA indicates intention to regulate certain PFAS in drinking water

Zantac Chronicles III – The Persistence of Preemption

IR35 changes – Are you ready?

The Southern District of Mississippi Gets It Right in Mesh Summary Judgment Decision

New podcast channel, Tech Law Talks, now live!

New IRS rulemaking impacts FCA settlement payment deductibility

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