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The Legal Brief

Kentucky State Veterinarian Recommends Best Practices for Yearling Inspections in Advance of Revised Thoroughbred Sales Season

As the thoroughbred industry tries to return to a sense of normalcy, plans for thoroughbred sales are underway. Fasig-Tipton has adjusted its calendar to present a new Selected Yearling Showcase on September 9-10 for yearlings typically considered for The Saratoga Sale, as well as yearlings that would typically be offered in the upper echelon of its July Sale and New York Bred Yearling Sale.…

Ohio Judicial Conference Publishes COVID-19 Continuing Operations Checklist

The Ohio Judicial Conference has published a checklist designed to guide Courts with respect to jury trials during COVID-19. The first part of this document provides suggestions and checklists that comply with the general guidelines of keeping numbers low in meetings and public spaces, keeping distance between people, using personal protective equipment, and the like. The second part of this…

What Yellow Phase in Pennsylvania Means For Your Business

On March 19, 2020, Governor Wolf ordered that all non-life sustaining businesses close, and followed with a stay at home order on April 1, 2020. On May 8, 2020, the Governor transitioned 24 counties around Pennsylvania from red phase to yellow phase to begin reopening the state incrementally.  Governor Wolf also announced that Allegheny County and other southwestern Pennsylvania counties will also…

Supreme Court of Appeals of West Virginia Issues Resumption of Operations Order and Protocols for Court Operations After Expiration of Judicial Emergency

On May 6, 2020, The Supreme Court of Appeals of West Virginia took the first step towards moving past the Covid-19 crisis by issuing an administrative order entitled “Resumption of Operations” stating that “certain court business may resume upon expiration of the judicial emergency” in accordance with Covid-19 Resumption of Operations Protocols issued the same day. The Court’s most recent orders…

Watch out CCPA: California Privacy Rights Act Seeks to Strengthen California Privacy Laws 

On June 28, 2018, the California legislature passed the California Consumer Privacy Act (“CCPA”), which went into effect on January 1, 2020. Enforcement of the CCPA will begin on July 1, 2020, which gives companies a grace period to ensure compliance with the new law, a task that has caused concern with these companies. However, compliance with the CCPA may look different in the near future.…

Latest COVID-19 Stimulus Efforts Provide Help to the Horse Industry

The latest COVID-19 stimulus package smoothed the way to accessing programs in the CARES Act in three  ways that impact the horse industry:  (1) additional funding has been made available for the Paycheck Protection Program loans, which remains available to horse farms eligible for the program; (2) horse farms with 500 or fewer employees are now eligible for the Economic Injury Disaster Loan…

West Virginia Re-Open Plan

Governor Justice announced his plan for a partial re-opening of West Virginia. The “West Virginia Strong: The Comeback” plan requires that the state maintain a statewide cumulative percentage of positive COVID-19 test results below three percent for three consecutive days. The current cumulative percentage of positive coronavirus test results is 2.47%.  

The plan permits businesses to reopen – but…

Supreme Court Issues Temporary Amended Order on Civil Cases

On April 24, 2020, the Supreme Court of Appeals of West Virginia issues an order (Docket No. 20-Rules-04) which “temporarily amend[s] certain rules governing the conduct of civil litigation under the West Virginia Rules of Civil Procedure.”  The Court finds “[a]ccess to the courts requires that parties have the ability to conduct proceedings in civil cases, including hearings, depositions and…

Supreme Court of Appeals of West Virginia Extends Judicial Emergency to May 15, 2020

On April 21, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 15, 2020.  Like the prior two orders, the order stays all in court proceedings and extends all deadlines:

[A]ll in-person proceedings and court deadlines, except the emergency proceedings described and other proceedings authorized herein, directed to…

West Virginia Businesses Beware: Emergency Rule Creates Sweeping Operational Requirements During The COVID-19 State of Emergency

On April 16, 2020, the West Virginia Department of Health and Human Resources, Bureau for Public Health (“BPH”) promulgated an emergency rule in response to the ongoing COVID-19 pandemic.1 This rule, titled Public Health Standards for Businesses Remaining Open During the COVID-19 Outbreak (hereafter referred to as the “Rule”), establishes uniform public health standards for businesses currently…

Pennsylvania House Passes Bill to Reopen Businesses

To stop the spread of the COVID 19 virus, Governor Wolf implemented social distancing practices through his Order on March 19, 2020, that prohibited “non-life-sustaining” businesses and cited the powers vested in him under 35 Pa. C.S. § 7301. Social distancing efforts are having a positive effect on the spread of the virus, but they have had a devastating economic impact on many businesses and…

Federal Court Sides with 2K Games in Copyright Case Over the Use of Tattoos

In March, the U.S. Federal District Court for the Southern District of New York decided Solid Oak Sketches, LLC v. 2K Games, Inc.1, a dispute revolving around the use of tattoos on the players in a videogame. In the case, Solid Oak Sketches, LLC (“Solid Oak”), a tattoo designer and licensing company, alleged that videogame and software developers, 2K Games, Inc. and Take-Two Interactive Software…

 

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