The Legal BriefIndiana Governor Issues Executive Order Requiring Face MasksJuly 27, 2020 At 12:01 a.m. today, Governor Holcomb’s Executive Order requiring face coverings went into effect. The Order is in response to an increase in the number of cases and positivity rate of COVID-19 cases in Indiana. Specifically, the Order requires every individual within the State of Indiana to wear a face covering over the nose and mouth when:
Colorado Last Call NewsJuly 22, 2020 Colorado state government has made significant changes in response to the COVID-19 pandemic. From passing new laws on workplace safety and paid leave, to issuing a statewide mandate that people wear facemasks in public spaces. However, even as these changes have gone into effect the state has continued to see a rise in COVID-19 cases. The increases are not as stark as some other states, including… Colorado Statewide Mask OrderJuly 21, 2020 In the midst of a resurgence of COVID-19 in the United States and in those states bordering Colorado, Colorado Governor Jared Polis issued a statewide mask order on July 16, 2020. Referring to studies projecting that the resurgence in COVID has a potential to overwhelm Colorado’s ICU beds by September, Polis announced that this took effect on Friday, July 17, 2020 at midnight. The order mandates… Colorado Passes New Sick Leave LawJuly 16, 2020 On Tuesday July 14, 2020, Colorado enacted an expansive new law regarding paid sick and family leave that will have impacts on employers across the state with both union and nonunion workforces. The law expands upon federal paid sick leave that was part of the early response from Congress to the pandemic. The law expands requirements for employers to offer paid sick leave, and the reasons… Complying With Regulatory Standards For Data Privacy And Data/Cyber Security (Fourth In A Series)June 25, 2020 Throughout this blog series we have communicated that the global COVID-19 pandemic has not halted compliance for two major regulatory provisions affecting hundreds of thousands of businesses – The California Consumer Privacy Act (the “CCPA”) and the Cybersecurity Maturity Model Certification (the “CMMC”). In this final blog post of the series, we will delve deeper into how your organization can… Cybersecurity Maturity Model Certification (CMMC): What We Know to be Facts vs. What We Need to Find Out (Third In A Series)June 19, 2020 As discussed in the first two entries in this series of four, while COVID-19 has many organizations focused on other priorities, the Cybersecurity Maturity Model Certification (CMMC) remains to be phased into DoD contracts beginning July 1, 2020. It is important that all affected organizations continue to prepare for the requirements. The U.S. Department of Defense (“DoD”) released version 1.0 of… CALIFORNIA CONSUMER PRIVACY ACT: WHAT YOU SHOULD KNOW BEFORE JULY 1ST ENFORCEMENT (Second In A Series)June 11, 2020 As we discussed in this series’ first entry, the uncertainty caused by COVID-19 forced many companies to shift focus to immediate financial and operational issues to keep their businesses afloat, which may have resulted in certain initiatives (such as corporate compliance matters) being put on temporary hold. However, the pandemic did not affect the July 1, 2020 enforcement deadline for the… Data Privacy/Data Security Laws Are Set to be Enforced - Are You Ready? (First In A Series)June 4, 2020 Almost all businesses have been impacted in some way by the COVID-19 pandemic. Uncertainty, often coupled with an abrupt business interruption, forced many executives to put their company’s initiatives on temporary hold. The pandemic did not affect the July 1, 2020 enforcement deadline for the California Consumer Privacy Act (“CCPA”) and the Cybersecurity Maturity Model Certification (“CMMC”),… Higher Education Institutions the Target of Class-Action Lawsuits Amidst COVID-19 ResponseJune 1, 2020 In March, many higher education institutions made the difficult decision to send students home to combat the spread of the COVID-19 virus and implemented distance learning techniques such as video lectures and online modules to finish the current semester. Forty-one states followed up with orders forcing most non-essential businesses to close or restrict access. Now, after students were sent home… Craving the spa, gym time, or a haircut: What are you willing to waive in return?May 29, 2020 As a result of Governor Justice’s most-recent Executive Order, West Virginia businesses are beginning to reopen. For those of us who have not had a haircut, gone to the gym, or shopped in a retail store since March, this is good news. We can now stop watching YouTube videos on how to cut and dye our own hair. We can also stop fretting over whether we should purchase a Peloton or set up a home… What is required for a valid waiver in Kentucky?May 22, 2020 Kentucky is one of the minority of states that generally requires pre-injury waivers to specifically refer to negligence or clearly intend to bar negligence through other language.1 Kentucky courts use a specific test when determining whether to uphold a pre-injury release. Such a release will be upheld only if:
What is required for a valid waiver in Colorado?May 22, 2020 Contractual waiver of liability clauses are recognized under Colorado law, but are construed narrowly and “closely scrutinized” to make sure that the agreement was fairly entered into and that the intention of the parties is expressed in clear and unambiguous language. Raup v. Vail Summit Resorts, Inc., 233 F. Supp. 3d 934, 942 (D. Colo. 2017), aff’d, 734 Fed. Appx. 543 (10th Cir. 2018); citing … |
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