Bell Nunnally & Martin LLP RSS Feedhttps://www.bellnunnally.com/?t=39&format=xml&stylesheet=rss&directive=0&records=20en-us28 Jan 2022 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssBell Nunnally's Brent Hockaday Quoted on Retail Dive Regarding Impact of U.S. Supreme Court Vaccine Mandate Decisionshttps://www.bellnunnally.com/?t=40&an=120323&format=xml&p=7016<p>Bell Nunnally Partner Brent D. Hockaday is quoted in the <i>Retail Dive</i> article &ldquo;Supreme Court deals final blow to Biden vaccine-or-test mandate for large employers.&rdquo; The piece explores ramifications for businesses of the U.S. Supreme Court&rsquo;s January 13 decisions regarding both the Occupational Safety and Health Administration (OSHA) shot-or-test and the Centers for Medicare and Medicaid Services (CMS) health care COVID-19 vaccine mandates. While the high court voiced no confidence in the OSHA mandate&rsquo;s legality, sending it back the Sixth Circuit Court of Appeals, it narrowly upheld the CMS mandate.</p> <p>Hockaday, in the article, added the caveat that the Supreme Court in its OSHA decision did give room for some state mandates to remain in place, and with its health care carve-out language, one can see a path forward for other workplaces with an elevated risk for virus transmission to face requirements that their employees provide proof of vaccination or get tested regularly.</p> <p>The moves by the Supreme Court, when state and local restrictions are absent, do not prevent companies from imposing their own vaccine mandates. However, Hockaday noted that such decisions are also influenced by applicable employment laws and company culture commenting:</p> <p><i>What this ruling tells you is what you are not required to do from a federal standpoint. I think it gives you clarity on that, for now. But you should still look at state requirements, and then, obviously, you're still under an obligation to have a healthy and safe work environment for your workforce. So you need to take that into consideration</i>.</p> <p>To read the full article, please click <a href="https://protect-us.mimecast.com/s/gyjpCkRBXvIy9mlfVMify?domain=retaildive.com/">here</a>.</p>News24 Jan 2022 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=120323&format=xmlSCOTUS Halts Employer "Vaccinate-or-Test" Mandate for Private Employers While Green-Lighting Vaccination Mandate Directed to Certain Health Care Workershttps://www.bellnunnally.com/?t=40&an=120256&format=xml&p=7016<div align="justify">In a much anticipated set of decisions, the U.S. Supreme Court delivered a mixed ruling on two key vaccination mandates issued by the Biden Administration: (1) <a href="https://www.bellnunnally.com/osha-vaccination-and-testing-requirements-for-employers-with-100-employees-" rel="noopener noreferrer" target="_blank">Occupational Safety and Heath Administration&rsquo;s (OSHA) &ldquo;vax-or-test&rdquo; mandate through OSHA&rsquo;s Emergency Temporary Standard (ETS),</a> which targets employers with 100 or more employees; and (2) <a href="https://www.bellnunnally.com/the-suspension-of-enforcement-of-the-new-cms-vaccine-mandate-and-what-this-means-for-cms-covered-facilities" rel="noopener noreferrer" target="_blank">the Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule issued by the Centers for Medicare and Medicaid Services (CMS)</a>, which targets providers of Medicare and Medicaid. <br /> <strong> </strong></div> <div align="justify"><strong><br /> The OSHA Ruling</strong><br /> &nbsp;</div> <div align="justify">By a split along traditional ideological lines, the Supreme Court halted OSHA&rsquo;s ETS. The court agreed with the several states, businesses and non-profit organizations challenging OSHA&rsquo;s mandate that OSHA exceeded its statutory authority with the ETS. The court granted the challenger&rsquo;s application to &ldquo;stay&rdquo; or halt the enforcement of the ETS while the lower courts rule on the merits. While this order is not a final ruling on the matter, the Supreme Court&rsquo;s decision made clear that the challengers of OSHA&rsquo;s ETS are &ldquo;likely to succeed on the merits of their claim that the Secretary [of Labor] lacked authority to impose the mandate.&rdquo;&nbsp; <br /> &nbsp;</div> <div align="justify"><strong>The CMS Health Care Ruling</strong><br /> &nbsp;</div> <div align="justify">In a closer decision, the Supreme Court held the CMS had the authority to mandate vaccination for workers of employers that are Medicare and Medicaid providers. The court acknowledged CMS&rsquo;s vaccination mandate went further than any rule in the past &ldquo;[b]ut [that the Secretary of Health and Human Services] has never had to address an infection problem of this scale and scope before.&rdquo; The court also focused on how common vaccination requirements are within the health care industry generally.</div> <div><br /> <strong>What Do These Rulings Mean for Employers?</strong><br /> &nbsp;</div> <div align="justify">While the Supreme Court&rsquo;s ruling on OSHA&rsquo;s ETS does not end the vaccine debate or make a final determination, it provides certain employers much desired clarity of the federal government&rsquo;s requirements. The ruling tells employers with 100 or more employees what they are not required to do from a federal standpoint. However, it does not prohibit employers from instituting vaccination or testing requirements, subject to any applicable state laws and religious or disability-related exemptions.</div> <div align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</div> <div align="justify">Employers that provide or supply Medicare or Medicaid services will need to proceed with a vaccination program for their employees. This includes developing and implementing policies and procedures to ensure all employees have at least one dose of the COVID-19 vaccine or a pending exemption request or grant by January 27.&nbsp;&nbsp;By February 28, all staff at covered facilities must be identified as either fully vaccinated or exempted or identified as having a temporary delay. The CMS&rsquo;s guidance on its rule can be found <a href="https://www.cms.gov/medicareprovider-enrollment-and-certificationsurveycertificationgeninfopolicy-and-memos-states-and/guidance-interim-final-rule-medicare-and-medicaid-programs-omnibus-covid-19-health-care-staff-0" rel="noopener noreferrer" target="_blank">here</a> and <a href="https://www.cms.gov/files/document/cms-omnibus-covid-19-health-care-staff-vaccination-requirements-2021.pdf" rel="noopener noreferrer" target="_blank">here</a>.<br /> &nbsp;</div> <div align="justify">For the time being, the Supreme Court&rsquo;s CMS ruling does not apply to the Northern District of Texas&rsquo; separate injunction on the CMS rule, which that court entered after appeal of the broader challenge the Supreme Court ruled on last week. However, given the Supreme Court&rsquo;s decision, Medicare and Medicaid service providers would be wise to prepare for the Fifth Circuit to rule consistently with the Supreme Court&rsquo;s decision and mandate a vaccination program for their employees.</div>Newsletters & Client Alerts19 Jan 2022 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=120256&format=xmlBell Nunnally's Josh Smith Co-Authors Space Review Article Exploring China's Messaging Around Objects in Space, Emerging Issues in Space Lawhttps://www.bellnunnally.com/?t=40&an=120257&format=xml&p=7016<p>Bell Nunnally Associate Joshua T. Smith co-authored <i>The Space Review</i> article &ldquo;China says Elon Musk&rsquo;s Starlink is &lsquo;phenomenal,&rsquo; but what is the real message?&rdquo; The piece explores the implications of a an early December 2021 diplomatic communiqu&eacute; from the People&rsquo;s Republic of China, a &ldquo;Note Verbale,&rdquo; sent to the Secretary General of the United Nations regarding a &ldquo;phenomena&rdquo; in space that the nation claims &ldquo;could constitute a danger to the life or health of astronauts.&rdquo;</p> <p>The &rdquo;phenomena&rdquo; in question are two SpaceX Starlink satellites that have passed by the Chinese Space Station on numerous occasions at close proximity. As Smith and his co-author, Michelle Hanlon, co-director of the Center for Air and Space Law at the University of Mississippi, note, &ldquo;These encounters were close enough to require the Chinese to expend precious propellant to implement preventive collision avoidance maneuvers. This is a very serious issue and puts necessary focus on the fact that low Earth orbit, which hosts more than 3,000 operational satellites that supports, betters, and saves lives here on Earth, is starting to get dangerously crowded.&rdquo;</p> <p>Smith and Hanlon place China&rsquo;s communiqu&eacute; in the context of U.S. and international space law regulation and consider the broader implications of China&rsquo;s message, potentially telegraphing a more muscular posture towards objects in space, &ldquo;From a language standpoint, the Chinese interpretation of a &lsquo;phenomena&rsquo; also raises question. It is puzzling to think that the standard operation of a satellite would be considered a &lsquo;phenomena&rsquo; &ndash; a word commonly defined as a fact or situation whose cause is unexplained or in question. Taking China&rsquo;s interpretation would mean any country that has personnel in space will have the absolute power to criticize un-crewed space objects that may have been operating in a defined orbit for decades. It is inconceivable that operating a satellite with continuing supervision and due diligence is a &lsquo;phenomena&rsquo; under any Treaty interpretation.&rdquo;<br /> <br /> To read the full article, please click <a href="https://protect-us.mimecast.com/s/9fmRCKrz9quy5yGhoQjsX?domain=thespacereview.com">here</a>.</p> <p>&nbsp;</p>News19 Jan 2022 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=120257&format=xmlCybersecurity Attack 101 – Prevention Tools and Crisis Managementhttps://www.bellnunnally.com/?t=40&an=120234&format=xml&p=7016<strong>Overview:</strong><br /> <br /> Partner Saba Syed is moderating a panel titled &quot;Cybersecurity Attack 101 &ndash; Prevention Tools and Crisis Management&quot; for the Dallas Bar Association.<br /> <br /> <strong>Date/Location:</strong><br /> <br /> Friday, January 21, 2022<br /> 12:00 -1:00 PM<br /> <br /> <strong>Event Details:</strong><br /> &nbsp;<br /> Partner Saba Syed will moderate an informative panel discussion on cyber and ransomware issues for the Dallas Bar Association with Anthony B&eacute;gon, former Bell Nunnally attorney and current Head of Litigation and Compliance at McAfee Enterprises. The 1 hour CLE will examine various forms of cyber and ransomware attacks, preventative measures companies can take to minimize the risk of breach and the responses a company should take if a data breach occurs. <br /> <br /> For more information and to register, please click <a href="https://us02web.zoom.us/webinar/register/WN_bE0MRpz8SzaDjinrYJQ2cQ">here</a>. <br /> <br /> <br /> <br />Events18 Jan 2022 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=120234&format=xmlBell Nunnally Names Four New Partnershttps://www.bellnunnally.com/?t=40&an=120241&format=xml&p=7016<p>Bell Nunnally has elected four attorneys to partner, effective January 1: Perrin B. Fourmy, Peter J. Kosydar, III, Kartik R. Singapura and Saba F. Syed.</p> <p>&ldquo;Perrin, Peter, Kartik and Saba each have built impressive practices, earned client trust and contributed to significant client and firm accomplishments &ndash; whether on the deals front, or in the courtroom. Their meritorious track-records and steadfast commitments to their clients, firm colleagues and their communities have led them to this important career milestone,&rdquo; said Christopher Trowbridge, Bell Nunnally managing partner.</p> <p><a href="https://www.bellnunnally.com/perrin-fourmy">Fourmy</a> represents clients in civil litigation in state and federal matters throughout Texas and the United States. He has handled issues across multiple areas, including oil and gas, premises liability, personal injury, contracts, vehicle products liability, property disputes and debtor/creditor and consumer rights. Among his litigation credits are defending vehicle manufacturers, equipment manufacturers and parts suppliers in individual cases and working as part of a multi-firm team defending multi-district litigation as a result of massive product recalls.</p> <p>In recent years, he has focused his practice on construction and pipeline disputes, business litigation, creditor&rsquo;s rights, lien law and complex litigation matters. Fourmy has authored articles on changes in the law and testified before the Texas legislature on changes to the lien law. His most recent trial success was obtaining a verdict for a Colorado equipment supplier plaintiff against a $20 million West Texas oil field contractor, following a five day jury trial in the defendant&rsquo;s home venue of Midland, Texas.</p> <p>A graduate of Wake Forest School of Law (J.D., <em>cum laude</em>, 2013) where he was Order of the Coif and Order of the Barristers and North Carolina State University (B.A., 2002), Fourmy was named a 2020 and 2021 &ldquo;Texas Rising Star&rdquo; and has been named to <em>The Best Lawyers in America&rsquo;s</em> &quot;Ones to Watch&quot; list for the past two years (2021 and 2022). He was also a 2017 graduate of the Dallas Association of Young Lawyers (DAYL) Leadership Class and a 2021 co-chair of the Law in Schools Committee for the Dallas Bar Association.</p> <p>With a business and accounting background, <a href="https://www.bellnunnally.com/peter-j-kosydar">Kosydar</a> is a transactional lawyer, representing a wide range of clients in all phases of entity formation, contract drafting and negotiation, merger and acquisition transactions and other corporate and securities matters. In addition, he assists clients in succession planning and provides counsel on a variety of specific concerns. Notably, he was a member of the firm&rsquo;s deal team representing Dallas-based client ISN in its late-2020 minority investment transaction with private equity firm Blackstone Group, leading to a more than $2B valuation for the software company.</p> <p>A graduate of Notre Dame Law School (J.D., <i>cum laude</i>, 2012) and the University of Oklahoma (M.A., 2008; B.B.A., <i>magna cum laude</i>, 2008), Kosydar was named a 2021 &ldquo;Texas Rising Star&rdquo; by Super Lawyers and has been named to <i>The Best Lawyers in America</i>&rsquo;s &ldquo;Ones to Watch&rdquo; list for the past two years (2021 and 2022). He is also a 2018 graduate of the Dallas Association of Young Lawyers (DAYL) Leadership Class.</p> <p><a href="https://www.bellnunnally.com/kartik-singapura">Singapura</a> is a litigator and regularly represents owners, investors, operators and developers in the commercial real estate industry in nearly any matter that involves protection of their assets and investments. Singapura&rsquo;s practice includes deal-based litigation involving business torts, contract disputes, partnership disputes and business divorces. He also represents clients during the ongoing operation and hold of their ventures, litigating matters involving construction defects, property damage, insurance coverage, municipal ordinances, commercial lending, landlord-tenant, restrictive covenants, easements and titles.</p> <p>A graduate of the University of Houston Law Center (J.D., 2012) and the University of Texas at Austin (B.S., 2008), Singapura was named a 2021 &ldquo;Texas Rising Star&rdquo; by Super Lawyers.</p> <p><a href="https://www.bellnunnally.com/saba-f-syed">Syed</a> is a litigator who routinely represents companies and high-net-worth individuals in complex commercial litigation, including matters involving securities, business torts, patents, trademarks, partnership disputes and real estate. Among her courtroom victories, Syed served on a jury trial team that secured a take-nothing jury verdict on behalf of a Texas-based manufacturer of downhole sand and gas separation products in a patent infringement lawsuit.&nbsp;She is experienced in a variety of arbitration venues, including the Financial Industry Regulatory Authority (FINRA), and has represented consumers and financial advisors in financial disputes. Syed also works with clients in the live events and hospitality industries, assisting with trademark issues and providing industry-specific legal counsel.&nbsp;</p> <p>Recognized by her peers, Syed was named to <i>D Magazine</i>&rsquo;s &ldquo;Best Lawyers Under 40 in Dallas&rdquo; list for 2021 and 2022.&nbsp;She was also listed as <i>The Best Lawyers in America</i>&rsquo;s &ldquo;Ones to Watch&rdquo; list for 2021 and 2022, and has also been named to the &ldquo;Texas Rising Stars&rdquo; list published by Super Lawyers.&nbsp;Syed is an active member of the bar and has been recognized for her contributions to the legal community.&nbsp;In 2019, Syed was awarded the Dallas Bar Association&rsquo;s &ldquo;Outstanding Minority Attorney Award.&rdquo; Syed is a graduate of Baylor Law School (J.D., <i>cum laude</i>, 2013) and the University of Texas at Austin (B.A., <i>magna cum laude</i>, 2009).</p>Press Releases18 Jan 2022 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=120241&format=xmlOSHA Withdraws All but Recordkeeping Requirements of its Healthcare ETShttps://www.bellnunnally.com/?t=40&an=120121&format=xml&p=7016<p>On Dec. 27, 2021, the U.S. Occupational Safety and Health Administration (OSHA) withdrew the vast majority of its <a href="https://www.bellnunnally.com/osha-issues-emergency-covid19-standards-for-the-health-care-industry">Healthcare Emergency Temporary Standard (ETS),</a> which was issued in June 2021. This ETS provided, among other things, stringent requirements for PPE and safety protocols to protect health care workers from COVID-19. It also required covered health care facilities to pay time off for employees missing work due to either a positive test result or experiencing Covid symptoms. Currently, all that remains of the Healthcare ETS are the recordkeeping requirements outlined below.</p> <p><strong><i>Why OSHA Withdrew the ETS</i>.</strong> Under the OSH Act, an ETS is effective until superseded by a permanent standard &ndash; a process contemplated by the OSH Act to occur within six months of the ETS&rsquo;s promulgation. Because OSHA did not think it could complete the final rule within the allotted timeframe, it withdrew the lion&rsquo;s share of the Healthcare ETS and has stated, &ldquo;it intends to continue to work expeditiously to issue a final standard that will protect healthcare workers from COVID-19 hazards, and will do so as it also considers its broader infectious disease rulemaking.&rdquo;</p> <p><strong><i>What About Mandatory Vaccination and Testing?</i> </strong>Withdrawal of the Healthcare ETS does not impact <a href="https://www.bellnunnally.com/osha-vaccination-and-testing-requirements-for-employers-with-100-employees-">OSHA&rsquo;s Vaccination and Testing ETS</a>, which generally applies to all businesses with 100 or more employees. The Vaccination and Testing ETS remains in place until and unless the U.S. Supreme Court (or some other court) blocks enforcement of the standard. The U.S. Supreme Court is set to hear arguments on OSHA&rsquo;s Vaccination and Testing ETS on January 7. The U.S. Supreme Court will also hear arguments on the <a href="https://www.bellnunnally.com/the-reinstatement-of-enforcement-of-both-the-cms-vaccine-mandate-and-the-osha-vaccine-and-testing-ets-and-what-this-means-for-covered-businesses">Centers for Medicare and Medicaid Services (CMS) Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule</a> (CMS Vaccine Mandate) the same day. Enforcement of the CMS Vaccine Mandate has been blocked in some states, but not others, pending a ruling from the high court.</p> <p><strong><i>What Do Employers Still Need to Do?</i></strong> Because compliance obligations related to COVID-19 in the workplace are changing rapidly, businesses should routinely consult with their human resources and legal teams to assess what risks, if any, presently exist for their businesses. With that in mind, below are the remaining obligations for covered health care facilities under the Healthcare ETS.</p> <p><strong><i>The following are the OSHA Healthcare ETS recordkeeping requirements, which are still in place for businesses subject to the Healthcare ETS:</i></strong></p> <ul> <li>Establish and maintain a COVID&ndash;19 log to record each instance identified by the employer in which an employee is COVID&ndash;19 positive, regardless of whether the instance is connected to exposure to COVID&ndash;19 at work.</li> <li>If requested, by the end of the next business day after a request, the employer must provide, for examination and copying: <ul> <li>All written COVID&ndash;19 plans to any employees or their personal/authorized representatives.</li> <li>The individual COVID&ndash;19 log entry for a particular employee to that employee and to anyone having written authorized consent of that employee.</li> <li>A version of the COVID&ndash;19 log that removes the names of employees, contact information and occupation and only includes &ndash; for each employee in the COVID&ndash;19 log &ndash; the location where these employee worked, the last day that the employee was at the workplace before removal, the date of the employee&rsquo;s positive test for or diagnosis of COVID&ndash;19, and the date the employee first had one or more COVID&ndash;19 symptoms (if any were experienced) to any employee or their personal/authorized representatives.</li> <li>All records required to be maintained by this section to OSHA&rsquo;s Assistant Secretary.</li> </ul> </li> <li>Reporting COVID&ndash;19 fatalities and hospitalizations to OSHA. Generally, work-related fatalities must be reported within eight hours and work-related in-patient hospitalizations must be reported within 24 hours.</li> </ul>Newsletters & Client Alerts06 Jan 2022 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=120121&format=xmlBell Nunnally Of Counsel Tom Case Authors QSR Article Exploring Changes to DOJ's Position on Legality of "No Poach Agreements"https://www.bellnunnally.com/?t=40&an=120105&format=xml&p=7016<p>Thomas L. Case, Of Counsel at Bell Nunnally, authored the <i>QSR</i> article &ldquo;Franchise 'No Poach Agreements' Come Under Fire,&rdquo; exploring developments in federal stance on the legality of &ldquo;no poach agreements,&rdquo; where a franchise contract prohibits a franchisee from hiring away employees of another franchisee without its consent.</p> <p>Case breaks down the evolution in thought process by the U.S. Department of Justice (DOJ) under the last three administrations: Obama, Trump and Biden:</p> <ol> <li>Obama DOJ Says All No Poach Agreements are Illegal</li> <li>Trump DOJ Says Most Franchise No Poach Agreements Are Probably Enforceable</li> <li>Biden Promises to Ban All No Poach Agreements</li> </ol> <p>Regarding the Biden administration&rsquo;s position, Case notes:</p> <p><i>President Biden has promised to ban all no poach agreements, and the DOL will likely commence criminal prosecutions of franchise no poach agreements. The DOJ brings criminal actions only for per se violations of the Sherman Act; and once filed, private civil class actions immediately follow in order to piggyback on the government case and the lower burden of proof required in a per se case. So the franchise industry must be in a position to prove the necessity for no poach agreements, their procompetitive effect and that they can promote employee mobility and compensation.</i></p> <p>To read the full article, please click <a href="https://protect-us.mimecast.com/s/DR52CER1WkIjPwxHQPv_G?domain=qsrmagazine.com">here</a>.</p>News05 Jan 2022 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=120105&format=xmlCDC Updates and Shortens Recommended Isolation and Quarantine Periods - What this Means for the Workplacehttps://www.bellnunnally.com/?t=40&an=120065&format=xml&p=7016<p>In response to Omicron, a Covid Variant that is highly contagious with relatively mild symptoms, the Centers for Disease Control and Prevention (CDC) has revised its recommended isolation and quarantine periods, effective Dec. 27, 2021. This new guidance presents employers with a new set of protocols as they try to keep their workplaces open during the pandemic. The most notable revision is the CDC&rsquo;s reduction of the recommended quarantine period from 10 days to 5 days.</p> <p><i>Why the CDC Revised its Guidance.</i> Data from South Africa and the UK, the first countries that dealt with Omicron, demonstrate that vaccine effectiveness against infection is approximately 35%. A Covid booster restores vaccine effectiveness against infection to 75%. Overall, vaccination decreases the risk of severe disease, hospitalization and death from Covid. That fact, combined with Omicron&rsquo;s unique characteristics, generated this new Guidance.</p> <p><i>The CDC&rsquo;s Updated Guidance &ndash; Protocols.</i></p> <p><b>Asymptomatic individuals who test positive for Covid</b>:</p> <p>Should isolate for five days, with the first day of isolation being either: (1) the day of receiving a positive test; or (2) the first day of symptoms. If the person develops symptoms during the quarantine they should remain in quarantine until symptom free. Once leaving isolation, the individual must wear a mask for 5 days.</p> <p><b>Vaccinated asymptomatic individuals exposed to someone with Covid</b>:</p> <ul> <li>This applies to persons who have been fully vaccinated in the last 6 months or received vaccination plus a booster in the last 2 months.&nbsp;</li> <li>After exposure, the individual must wear a high quality mask for 10 days. No quarantine is needed.</li> </ul> <p><b>Vaccinated symptomatic individuals exposed to someone with Covid:</b> &nbsp;&nbsp;&nbsp;</p> <ul> <li>If the individual develops symptoms, the CDC recommends quarantine for 5 days and thereafter until all symptoms have dissipated.</li> <li>The CDC recommends that person obtain a negative test before resuming normal activities. Word of caution, a vaccinated person with recent Covid symptoms has a high likelihood of receiving a false positive test result.</li> </ul> <p><b>Unvaccinated individuals exposed to someone with Covid:</b>&nbsp;</p> <ul> <li>For purposes of this guidance, &ldquo;unvaccinated&rdquo; means any person who is more than six months from receiving a vaccination and has not received a booster.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</li> </ul> <p><b>If asymptomatic:</b> Isolate at home for 5 days and wear a mask for an additional 5 days.</p> <p><b>If symptoms develop:</b> Isolate at home for 5 days, or more until symptom free, and then obtain a Covid test to confirm negative Covid status.</p> <p><b><i>What this Means for Employers.</i></b> After the 21 month journey through the pandemic businesses nationwide have expressed an interest in &ldquo;getting back to business&rdquo; and bringing people back to the workplace as safely as possible. Given the unique characteristics of the Omicron variant and the nationwide prevalence of vaccinations, the CDC&rsquo;s new guidance is a recognition of this reality.&nbsp;</p>Newsletters & Client Alerts31 Dec 2021 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=120065&format=xmlThe Reinstatement of Enforcement of Both the CMS Vaccine Mandate and the OSHA Vaccine and Testing ETS and What this Means for Covered Businesseshttps://www.bellnunnally.com/?t=40&an=119999&format=xml&p=7016<div><strong>CMS Vaccine Mandate Reinstated in 25 States</strong></div> <div>&nbsp;</div> <div>Following the Fifth Circuit Court of Appeals&rsquo; and a federal court in Texas&rsquo; decisions on December 15, and decisions of other courts in related cases, Centers for Medicare &amp; Medicaid Services (CMS) has reinstated enforcement of the CMS Final Rule in all states except Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming. This means that in every other state, CMS will enforce its Final Rule, which requires vaccination of all health care workers at CMS-covered facilities. For more information about the CMS Final Rule, please click <a href="https://www.bellnunnally.com/the-suspension-of-enforcement-of-the-new-cms-vaccine-mandate-and-what-this-means-for-cms-covered-facilities">here</a>.</div> <div>&nbsp;</div> <div><strong>OSHA Vaccination and Testing ETS Reinstated </strong></div> <div>&nbsp;</div> <div>On December 17, the Sixth Circuit Court of Appeals&rsquo; lifted its stay on the Occupational Safety and Health Administration (OSHA) Vaccination and Testing ETS, meaning that OSHA may now continue to implement its ETS. Covered entities, including all private employers with 100 or more employees, must meet vaccination verification rules and indoor masking requirements for unvaccinated workers by Jan. 10, 2022, and weekly COVID testing policies for unvaccinated workers by Feb. 9, 2022. For more information about what is required by the OSHA Vaccination and Testing ETS, please click <a href="https://www.bellnunnally.com/osha-vaccination-and-testing-requirements-for-employers-with-100-employees-">here</a>.&nbsp;<br /> &nbsp;</div> <div><strong>What now?</strong><br /> &nbsp;</div> <div>As the litigation of both matters proceeds to the Supreme Court, covered facilities under either rule are left to speculate whether these compliance obligations will continue to be enforced by the highest court. In the meantime, businesses should prepare to come into compliance with applicable rules in the event they continue to be upheld. Businesses should also continue to monitor the latest developments on COVID-19 compliance to ensure they are abreast of current compliance obligations and risks. We will keep you updated as these changes take place.</div>Newsletters & Client Alerts23 Dec 2021 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=119999&format=xml2022 "Dallas 500" List Features Bell Nunnally Managing Partner Chris Trowbridgehttps://www.bellnunnally.com/?t=40&an=119880&format=xml&p=7016<p>Bell Nunnally Managing Partner Christopher B. Trowbridge is featured in the 2022 edition of &ldquo;The Dallas 500,&rdquo; a special publication from D Magazine Partners (publishers of <i>D Magazine</i> and <i>D CEO</i>) and available now<span> for purchase. Trowbridge is listed in the &quot;Law - Business and IP Litigation&quot; category and is one of 18 in the &ldquo;Law - Managing Partners&rdquo; category, part of a larger roundup featuring 500 North Texas business leaders across more than 50 industries.</span></p> <p>&ldquo;This achievement positions Chris among the most powerful and influential business leaders in North Texas,&rdquo; said Tammy Wood, Bell Nunnally partner and head of the firm&rsquo;s Litigation Section. &ldquo;Chris is a fantastic leader, at the firm, in the courtroom and in the community. He brings energy and commitment to everything he does, which includes being a great dad. Chris&rsquo; vision, whether with the Thanks-Giving Foundation or as the leader here at Bell Nunnally, is unparalleled.&rdquo;</p> <p>&ldquo;The Dallas 500&rdquo; is produced by the editors of <i>D CEO</i> and features &quot;the most powerful business leaders in Dallas - Fort Worth.&rdquo; According to the publication, selections were made based on extensive contacts in local business circles, hundreds of interviews and months of research.</p> <p>&ldquo;Making the Dallas 500 is no easy feat in a market as large and vibrant as North Texas,&rdquo; said <i>D CEO</i> editor Christine Perez. &ldquo;Those featured in our 2022 edition are at the best of the best; they play an integral role in driving the local economy.&rdquo;</p> <p><b>Trowbridge</b> is a trial attorney with particular emphasis on complex business disputes. He has been with Bell Nunnally for over 20 years. Trowbridge maintains an active docket and regularly tries cases before juries, judges and arbitration panels across the country. In 2017, he secured a $23.1 million jury verdict on behalf of a national cattle broker in a fraud matter involving a check kiting scheme and fraudulent cattle transactions &ndash; a matter that garnered national media attention and was ranked in the top five of <i>Texas Lawyer</i>&rsquo;s &ldquo;Top Verdicts &amp; Settlements&rdquo; that year.</p> <p>Selected by attorney peers for inclusion in <i>Benchmark Litigation</i>&rsquo;s guide for two years in a row, <i>The Best Lawyers in America</i> since 2017, as a &ldquo;Texas Super Lawyer&rdquo; since 2013 and previously named in &ldquo;Legal Leaders on the Rise&rdquo; and &ldquo;Litigator of the Week&rdquo; by <i>Texas Lawyer</i>, Trowbridge is well-known for vigorously protecting his clients&rsquo; interests in high-stakes legal matters. In 2017 and 2019, <i>D Magazine</i> named him to its &ldquo;Best Lawyers in Dallas&rdquo; list. This is Trowbridge&rsquo;s third selection to &ldquo;The Dallas 500.&rdquo;</p> <p>Active in his community, Trowbridge is chairman of the board of directors for the Thanks-Giving Foundation &ndash; the non-profit group that owns and operates Thanks-Giving Square, a contemplation garden, exhibition hall and interfaith chapel in Downtown Dallas. He is also a former chairman of the board of directors for the Boys and Girls Clubs of Greater Dallas; a member of the Communities Foundation of Texas Advisory Council; and a member of the Dallas Regional Chamber, Southern Dallas Task Force. Trowbridge earned both his J.D. (&lsquo;98) and his B.B.A. (&lsquo;95) from Baylor University.<br /> <br /> <strong>Related Media Coverage:</strong><br /> <br /> <a href="https://attorneyatlawmagazine.com/dallas-500-list-features-bell-nunnally-managing-partner-chris-trowbridge"><em>Attorney at Law Magazine</em></a>, December 10, 2021<br /> <br /> <br /> <strong>Media Contact:</strong><br /> Brittany Lewis<br /> Marketing Manager<br /> blewis@bellnunnally.com<br /> 214-880-6661</p>Press Releases09 Dec 2021 00:00:00 -0800https://www.bellnunnally.com/?t=40&an=119880&format=xml