Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Sixth Circuit: Absolute Immunity Denied to Prosecutors Who Directed an Investigation and Offered Legal Advice to Officers on the Existence of Probable Cause

From February 2017 through February 2018, the Rutherford County, TN Sheriff’s Office investigated the sale of cannabidiol, commonly known as CBD, products by stores in Rutherford County. During the investigation, a law enforcement officer purchased CBD products from a store, and submitted them to the Tennessee Bureau of Investigation (“TBI”) for lab testing. In May 2017, a lab report indicated that the product contained CBD, a Schedule VI substance.

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Federal Law Enforcement Group Endorses Police Week Legislation

This week the Federal Law Enforcement Officers Association (FLEOA) supported several legislative items aimed at assisting law enforcement during Police Week. FLEOA began the week by announcing a lawsuit against the state of New Jersey over their preemption of the Law Enforcement Officers Safety Act (LEOSA). On the legislative front, the organization representing some 28,000 federal law enforcement officers across 65 federal agencies supported initiatives ranging from assisting with the pandemic response to filling gaps in law enforcement protections abroad.

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IBM, SEA Release Special Report on Measuring Management Quality, Announce Task Force on Assessing Management Quality

The Senior Executives Association announced a new task force last week to develop management assessment models for federal agencies. The task force marks the second phase of the Project on Assessing Management Quality. The first phase recently concluded with a special report on how agencies can determine if their offices are well managed.

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Federal Employees on the Front Lines

On FEDtalk this week, join host Natalia Castro to hear the stories of the federal employees working on the front lines while millions of Americans stay at home. From the Postal Service to Federal Veterinarians to the IRS employees delivering stimulus checks to the American people, federal employees are keeping the nation afloat during these trying times.

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Show Mom You Care: Have a Conversation about Long Term Care Insurance

This Mother’s Day, as you look back at the many years your mother cared for you, consider the possibility that she may require care herself someday. Long term care insurance can help ensure that your mother will get the care she needs, should there come a time when she requires help managing some of the activities we associate with independent living.

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Department of Labor Issues Guidance on FECA Claims

The Department of Labor (DOL) has issued guidance for federal employees for filing claims under the Federal Employees’ Compensation Act due to the 2019 novel coronavirus (COVID-19). All federal employees who develop COVID-19 while in performance of their federal duties are entitled to workers’ compensation coverage.

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Two Individuals Charged with Fraudulently Seeking CARES Act Paycheck Protection Loans

Two businessmen have been charged with allegedly filing bank loan applications fraudulently seeking more than a half-million dollars in forgivable loans from the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). David Staveley, aka Kurt Sanborn, and David Butziger claimed to have dozens of employees earning wages at four different business entities when there were no employees working for any of the businesses.

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NSA Provides Guidance on Selecting Video Conferencing Tools

The National Security Agency (NSA) has provided guidance for agencies on determining which video conferencing tools should be using during telework periods. The guidance provides nine factors for consideration to determine which platform should be used. The guidance only applies to commercial applications such as Zoom, which have become increasingly popular for office communications during the COVID-19 pandemic.

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OPM Issues Guidance on Emergency Paid Sick Leave

The Office of Personnel Management (OPM) on Wednesday released guidance to agencies on implementing the Emergency Paid Sick Leave Act (EPSLA) provision of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The guidance includes a summary of the statutory and regulatory requirements for federal employees to access their paid leave.

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Courts Halt Two COVID-19 Treatment Scams

In the last week, federal courts in Utah and Texas issued respective injunctions against two groups halting the sale of coronavirus “cures” and “treatments” that have been deemed fraudulent. In Utah, the U.S. District Court for the District of Utah issued a temporary restraining order against defendant Gordon Pedersen of Cedar Hills, Utah, and his companies, My Doctor Suggests LLC and GP Silver LLC. In a civil complaint and accompanying court papers filed in U.S. District Court for the Northern District of Texas, the Department of Justice (DOJ) alleges that Purity Health and Wellness Centers and one of the firm’s principals, Jean Juanita Allen, fraudulently promoted so-called ozone therapy as a treatment for COVID-19.

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