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Expert Analysis

• Bankruptcy Eligibility Is Expanding For Small Biz Debtors

  

  A Florida bankruptcy court's recent decision in Vertical Mac Construction expands the scope of "just enough" commercial or business activity for Subchapter V eligibility, and potential debtors should consider this evolving boundary, says Nicholas Koffroth at Fox Rothschild.

• Imposing Insurance Surcharges On Unvaccinated Workers

  

  Employers that are not covered by President Joe Biden’s new COVID-19 action plan or that want to further encourage vaccination may consider imposing a health insurance premium surcharge on unvaccinated workers, but compliance with myriad federal, state and local laws must be addressed before raising rates, say attorneys at Reed Smith.

• ERISA Ruling Reveals Big-Picture Health Benefit Issues

  

  While a California federal court’s recent ruling in Asner v. SAG-AFTRA Health Fund concerned fiduciary duty claims under the Employee Retirement Income Security Act, a closer look at the details raises broad questions about retirees’ rights to lifetime health benefits and the staying power of employer-sponsored health care, says Mark DeBofsky at DeBofsky Sherman.

• What's At Stake In High Court's CVS Disability Bias Case

  

  In its upcoming review of CVS Pharmacy Inc. v. Doe, the U.S. Supreme Court will likely address at least one circuit split concerning the availability of disparate-impact claims under the Rehabilitation Act and Affordable Care Act, say attorneys at Weil.

• Vehicle Service Contracts Present Opportunities For EV Cos.

  

  As the electric vehicle market grows faster than ever, manufacturers, dealers and even aftermarket participants can use vehicle service contracts to open up new revenue streams and maintain a touchpoint with customers — but contract providers must be aware of applicable laws and regulations, says Matthew R. Wagner at Frost Brown.

• SEC Cyber Disclosure Actions Point To Merciless Scrutiny

  

  Recent U.S. Securities and Exchange Commission actions over cyber-related disclosure failures show what to expect from a newly invigorated SEC and offer fresh insights on how to counter potentially unmerciful post-breach scrutiny from the agency, even in immaterial, nonfraudulent matters, says cybersecurity consultant John Reed Stark.

• 17 Best Practices For Defending Against Ransomware Attacks

  

  Following the biggest ransomware attack on record against U.S. businesses by the Russia-linked group REvil, and in the absence of legislative requirements, companies can protect themselves by not just adopting but actually implementing and testing several practical safeguards, say attorneys at Hall Booth.

• 4 Considerations In Light Of Cyber Incident Notification Bill

  

  Following the recent introduction of a bipartisan bill that would require government contractors and critical infrastructure operators to report cyber intrusions to the federal government within 24 hours, companies should take several steps to assess their preparedness for identifying vulnerabilities and mitigating the risk of cyberattacks, say attorneys at Squire Patton.

• Texas Case Boosts Defense Challenges To Medical Expenses

  

  The Texas Supreme Court's June decision in Allstate Fire and Casualty Insurance Co. makes it clear that defense experts with knowledge of medical billing codes can challenge the reasonableness of medical charges even if they are not health care providers in a particular specialty, say Robert Smith and Emiliano Farciert at Lorance Thompson.

• Surprises May Lurk As 'No Surprises Act' Meets State Law

  

  The No Surprises Act, which takes effect in January, introduces federal requirements to protect consumers from surprise medical bills, but also defers to certain state laws, which will present significant operational challenges for providers and payors determining whether the federal law, state law or both will apply to a course of treatment, say Alexandra Lucas and Christian Martin at Reed Smith.

• Benefits Ruling Contradicts Intent Of ERISA, Disability Plans

  

  A Massachusetts federal court’s recent ruling in DeBold v. Liberty Life Assurance, upholding the insurer’s finding that rollover retirement funds could reduce disability payments, is inconsistent with the purpose of the Employee Retirement Income Security Act and eviscerates a disability benefits plan's goal of providing financial support during an employee’s working years, says Mark DeBofsky at DeBofsky Sherman.

• Managing Risk After SEC's Cyber Enforcement Action

  

  The U.S. Securities and Exchange Commission's recent enforcement action against First American Financial over deficient cybersecurity disclosures shines a light on risk management and reporting best practices as financial regulators ramp up cybersecurity scrutiny, say Ira Rosner and Shardul Desai at Holland & Knight.

• Cos. Need ESG Strategies That Address Climate Change

  

  As consumers, investors and the federal government become increasingly vocal about climate change, companies must incorporate climate concerns into their environmental, social and governance policies to reduce risk, ensure compliance, protect their brands and enhance resiliency, says Todd Roessler at Kilpatrick.