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Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.1  One court recently recognized that “whether any benefits plan may agree to submit to arbitration and/or whether an individual employment agreement may compel claims on behalf of a benefits plan to proceed to arbitration are not issues of clearly settled law.”2  This issue is before two circuit courts of appeal this year.  So far, the court rulings in the cases seem to provide some guidance while a




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Are ERISA breach of fiduciary duty claims arbitrable?

Pamela Reynolds’ article discusses whether employers can enforce arbitration of breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2).

Benefits Pro

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What We Learned from Whistleblowers and Their Complaints in 2022 and What to Watch Out for in 2023




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Arbitrator upholds reasonableness of hospital vaccination policy for termination of non-compliant

Rhonda B. Levy and Barry Kuretzky discuss a case in which an arbitrator issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that allows employers to terminate employees for non-compliance.

Human Resources Director Canada

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Denver Mandates That All Public-Sector and Certain Private-Sector Employees Be Vaccinated for COVID-19

On August 2, 2021, Denver, Colorado Mayor Michael B. Hancock announced that all city employees, as well as private-sector workers in certain “high-risk” settings, must be fully vaccinated against COVID-19 by September 30, 2021. After September 30, unvaccinated individuals covered by this mandate will not be permitted to work onsite or in the field. In order to meet this September 30 deadline, employees covered by this requirement must receive their final doses of the vaccine by September 15.

Who is Affected by the Vaccine Mandate?




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Illinois Court Temporarily Blocks Mandated COVID-19 Mitigation Measures at Nearly 170 School Districts

In the midst of declining infection rates and increasing debate over mask and vaccine mandates, on February 7, 2022, Sangamon County Circuit Court Judge Raylene DeWitte Grischow temporarily enjoined COVID-19 mitigation measure mandates that had been imposed by order of Governor Pritzker and related administrative agency rules, affecting nearly 170 school districts. Echoing the concern expressed by the Eleventh Circuit, in its December 2021 Georgia v.




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New York Amends Workplace Violence Prevention Law to Extend Coverage to Public Schools

Since 2006, public employers in New York have been required to implement programs to prevent and minimize workplace violence.1 Public school employers, including public school districts, New York City public schools, Boards of Cooperative Education Services (BOCES), and County Vocational Education and Extension Boards, were previously exempted from the law.




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House Republicans Warn Against College Athlete Unions

While testifying at a congressional hearing, Tyler A. Sims said the potential consequences of unionizing could be damaging for athletes.

Inside Higher Ed

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NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA

Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about student-employees who seek to unionize, as required by the National Labor Relations Act (NLRA).

On August 6, 2024, the National Labor Relations Board’s general counsel issued a memorandum with her advice about how higher education institutions should handle this dilemma.




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Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests

In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.




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OSHA Issues New Inspection Guidance Targeting Animal Slaughtering and Processing Establishments

On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015, which had been limited to poultry processing establishments.




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Predictably Unpredictable – Navigating Fair Workweek Laws Across the United States




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Spotting and Solving Workplace Issues Before They Lead to Legal Troubles




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Virtual Hospitality Roundtable




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Labor of Law: Should Employers Be Liable When Their AI Tools Break the Law?

Jim Paretti weighs in on the many legal questions raised by a new law in New York City that will ban employers from using AI tools in hiring unless they're annually audited.

Law.com

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European Employers Navigate New Pressures Around Flexible Work Models, AI Adoption and Divisive Social Issues, Littler Survey Finds

(November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.




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Littler Attorney Bruce Buchanan Publishes 2024 Edition of The I-9 and E-Verify Handbook

NASHVILLE, Tenn. (June 4, 2024) – Bruce Buchanan, an attorney in the Nashville office of Littler, the world’s largest employment and labor law practice representing management, has published the 2024 edition of The I-9 and E-Verify Handbook, along with co-author Greg Siskind of Siskind Susser, PC.




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Littler Adds Unfair Competition and Trade Secrets Litigator Phillip Antablin in Los Angeles

LOS ANGELES (August 19, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Phillip Antablin as a shareholder in its Century City office in Los Angeles. Antablin previously served as Senior Counsel at Epstein Becker Green.




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California’s SB 1047 establishes stringent requirements for large-scale AI models

Niloy Ray and Alice H. Wang say California’s Senate Bill 1047 represents another significant step forward in the state’s wide-ranging efforts to regulate the development and use of AI.

Daily Journal

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ETSI releases first globally applicable standard for consumer IoT security

ETSI releases first globally applicable standard for consumer IoT security

Sophia Antipolis, 19 February 2019

The ETSI Technical Committee on Cybersecurity (TC CYBER) has just released ETSI TS 103 645, a standard for cybersecurity in the Internet of Things, to establish a security baseline for internet-connected consumer products and provide a basis for future IoT certification schemes.

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2019 ETSI Fellows unveiled at General Assembly award ceremony

2019 ETSI Fellows unveiled at General Assembly award ceremony

Sophia Antipolis, 3 April 2019

On 2 April during the 73rd General Assembly dinner, ETSI unveiled its three 2019 ETSI Fellows for their outstanding contribution to ETSI’s work. Awards were granted to Roberto Macchi, David Chater-Lea and Friedhelm Hillebrand.

The award ceremony took place in the beautiful Domaine de Barbossi, a resort comprising high class hotel and restaurants, a golf and tennis course and a country club, located in Mandelieu la Napoule on the Côte d’Azur.

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ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration

ETSI and the Linux Foundation sign Memorandum of Understanding enabling industry standards and Open Source collaboration

San Francisco, US, and Sophia Antipolis, France, 26 April 2019

Today, the Linux Foundation, the nonprofit organization enabling mass innovation through sustainable open source, signed a Memorandum of Understanding with ETSI, the independent organization providing global standards for ICT services across all sectors of industry, to bring open source and standards closer and foster synergies between them.

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ETSI releases specification for Energy Efficient IP Video Surveillance enabling further IoT interoperability

ETSI releases specification for Energy Efficient IP Video Surveillance enabling further IoT interoperability

Sophia Antipolis, 13 June 2019

The ETSI Technical Committee ATTM has just released the ETSI specification TS 105 176-2, to provide interoperable Ethernet and Power over Coax solutions for IP video surveillance.

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ETSI NFV Release 4 empowers orchestration and cloud enabled deployments

ETSI NFV Release 4 empowers orchestration and cloud enabled deployments

Offers increased support for automation

Sophia Antipolis, 8 October 2019

The ETSI Industry Specification Group (ISG) for Network Functions Virtualisation (NFV) has started working on its next specification release, known as Release 4. While NFV-based deployments are expanding worldwide and show the benefits of network function virtualization, new technologies are expected to be leveraged and features are being added in support of 5G and novel fixed access network deployments that are emerging in many countries. The release 4 work programme will provide the right setting to further enhance the NFV framework by considering recent technological advances, as well as ways to simplify its usage, that are aligned with the current trends in the industry towards network transformation.

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ETSI publishes a white paper on Network Transformation - Building on key technologies for 5G

ETSI publishes a white paper on Network Transformation - Building on key technologies for 5G

SDN NFV World Congress, The Hague, 14 October 2019

ETSI is proud to announce the availability of a new white paper, entitled Network Transformation: Orchestration, Network and Service Management Framework, written by several of its Industry Specification Groups’ (ISG) Chairs. These groups have released specifications on key building block technologies for next-generation networks, feeding the 3GPP 5G specifications.

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ETSI Open Source MANO unveils Release SEVEN, enables more than 20,000 cloud-native applications for NFV environments

ETSI Open Source MANO unveils Release SEVEN, enables more than 20,000 cloud-native applications for NFV environments

Sophia Antipolis, 12 December 2019

Today, the ETSI Open Source MANO group is pleased to unveil its latest release, OSM Release SEVEN. This release brings cloud-native applications to NFV deployments, enabling OSM to on-board over 20,000 pre-existing production-ready Kubernetes applications, with no need of any translation or repackaging. OSM release SEVEN allows you to combine within the same Network Service the flexibility of cloud-native applications with the predictability of traditional virtual and physical network functions (VNFs and PNFs) and all the required advanced networking required to build complex end to end telecom services.

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ETSI unveils Augmented Reality Framework enabling multi-vendor ecosystem for industry and consumers

ETSI unveils Augmented Reality Framework enabling multi-vendor ecosystem for industry and consumers

Sophia Antipolis, 24 March 2020

The ETSI Industry Specification Group on the Augmented Reality Framework (ISG ARF) unveils ETSI GS ARF 003, a key specification towards the interoperability of AR components. Today industrial and end users tend to frequently depend on a single provider to deploy AR applications and services. Compliance with the ETSI framework will allow components from different providers to interoperate via the defined interfaces, allowing broader and quicker adoption of AR technology. It will also take account of a growing and dynamic AR market.

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ETSI publishes new work programme, keeping up the pace of ongoing activities

ETSI publishes new work programme, keeping up the pace of ongoing activities

Sophia Antipolis, 22 June 2020

ETSI is pleased to release its 2020-2021 work programme.

In ETSI we are constantly exploring new ways to make the development of standards faster and more efficient. Our FORGE platform, for example, gives developers free access to open-source code produced by our members. And as we have already seen this year, the need for effective virtual collaboration between individuals and teams has never been keener.

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Fighting pandemic: special edition of Enjoy! now available

Fighting pandemic: special edition of Enjoy! now available

Sophia Antipolis, 7 July 2020

ETSI is pleased to unveil a special edition of its magazine Enjoy! As a global pandemic hit the world at all levels, people and companies had to cope with this crisis each in their own way. Through a variety of interviews and articles, this new issue reflects the challenges and perspectives of our international members.

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ETSI launches IoT ontology for automotive, eHealth, wearables and water distribution

ETSI launches IoT ontology for automotive, eHealth, wearables and water distribution

Sophia Antipolis, 1 September 2020

The ETSI SmartM2M technical committee is pleased to confirm it has extended its IoT SAREF ontology with four new sectors addressing the automotive, eHealth/Ageing-well, wearable and water domains. The Smart Applications REFerence (SAREF) ontology is intended to enable interoperability between solutions from different providers and within various activity sectors in the Internet of Things (IoT), thus contributing to the development of the global digital market. SmartM2M has already developed six extensions, now supplemented with these four new specifications.

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ETSI experts complete specifications for Vulnerable Road Users

ETSI experts complete specifications for Vulnerable Road Users

Sophia Antipolis, 24 November 2020

A group of experts in ETSI TC ITS, the committee in charge of Intelligent Transport Systems, has just completed a set of three standards related to Vulnerable Road Users (VRU) protection with the specification ETSI TS 103 300-3. This standard defines the VRU awareness service together with its key interfaces and protocols as well as the VRU awareness message (VAM) format, semantics and syntax. The specification completes the Technical Report, ETSI TR 103 300-1 on use cases and the Technical specification, ETSI TS 103 300-2, addressing the functional architecture and requirements for VRU. The development of the standards included stakeholders from around the world and received a large set of contributions from representatives working on different types of vulnerable road users, for example bicycles and motorcycles.

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ETSI 3rd SDN mWT Plugtests Report published

ETSI 3rd SDN mWT Plugtests Report published

Sophia Antipolis, 4 December 2020

The third ETSI mWT (millimetre Wave Transmission) SDN (Software Defined Network) Plugtests™ event was completed on 19 November 2020. The event report with all interoperability results is now available.

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ETSI blockchain group releases first Reports, targeting industry and governmental bodies

ETSI blockchain group releases first Reports, targeting industry and governmental bodies

Sophia Antipolis, 15 February 2021

The ETSI Industry Specification Group on Permissioned Distributed Ledger (ISG PDL) has recently released a number of Reports to support industry and government institutions needs for what is commonly known as blockchain. These Reports cover data record compliance to regulation, application scenarios and smart contracts.  

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ETSI enables intercontinental testing for next-generation emergency communications

ETSI enables intercontinental testing for next-generation emergency communications

Sophia Antipolis, 23 March 2021

ETSI has successfully completed its international emergency communications interoperability testing event. 285 test pairings, with 87% demonstrating interoperability, were run from 22 February to 5 March 2021, both in Europe and across the Atlantic to assess the compatibility of products for mission-critical public safety services. This remote event was a cooperation between ETSI, EENA, the European Emergency Number Association and for the first time NENA, the 9-1-1 Association.

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ETSI NFV and MEC API 2021 testing event Report now available

ETSI NFV and MEC API 2021 testing event Report now available

Sophia Antipolis, 16 April 2021

The ETSI NFV&MEC API Plugtests™ 2021 event, which ran remotely during the whole month of February, allowed participants to self-evaluate the conformance of their API server implementations with network function virtualization and multi-access edge computing API specifications. The event allowed also to validate and gather feedback on ETSI NFV and MEC API and Conformance Testing Specifications, and associated Robot test suites. The full Report, including results, findings and lessons learnt is now available HERE.

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ETSI publishes new Work Programme

ETSI publishes new Work Programme

Sophia Antipolis, 9 June 2021

ETSI is pleased to release its 2021-2022 Work Programme.

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ETSI virtual Security Week 2021: recorded presentations now available

ETSI virtual Security Week 2021: recorded presentations now available

Sophia Antipolis, 25 June 2021

The ETSI  Security Week 2021, that took place virtually from 14 June to 18 June, successfully closed with an audience of  more than 1000  viewers joining from over 70 countries!

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ETSI FRMCS Plugtests Report now available

ETSI FRMCS Plugtests Report now available

Sophia Antipolis, 5 July 2021

ETSI, with the support of the European Commission (EC), the European Free Trade Association (EFTA), the Critical Communications Association (TCCA) and the Union Internationale des Chemins de fer (UIC), released its Report following the FRMCS (Future Railway Mobile Communication System) Plugtests remote-only event which took place from 14 to 18 June 2021.

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ETSI releases a Report to enable MEC deployment in a multi-operator’s environment

ETSI releases a Report to enable MEC deployment in a multi-operator’s environment

Sophia Antipolis, 20 July 2021

The ETSI MEC Industry Specification Group (ETSI ISG MEC) has just released a new Group Report ETSI GR MEC 0035 to enable inter-MEC system deployment and MEC-Cloud system coordination. This Report was motivated by the mobile network operators’ interest in forming federated MEC environments and enabling information exchange in a secure manner, in the event that MEC platforms or applications belong to different MEC systems.

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Draft of ETSI Coordinated vulnerability disclosure guide available for public comments

Draft of ETSI Coordinated vulnerability disclosure guide available for public comments

Sophia Antipolis, 24 August 2021

ETSI will soon release a Guide to Coordinated Vulnerability Disclosure. Before publication, it made the draft publicly available for comments. Please send your feedback by 15 September to the technical committee CYBER at cybersupport@etsi.org 

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ETSI launches a new group on Reconfigurable Intelligent Surfaces

ETSI launches a new group on Reconfigurable Intelligent Surfaces

Sophia Antipolis, 4 October 2021

Improving network performance with cost-effective, low-power and sustainable technology for future wireless systems

ETSI, which produces globally applicable standards for ICT, has launched a new Industry Specification Group on Reconfigurable Intelligent Surfaces (ISG RIS). The group has been created to review and establish global standardization for RIS technology.

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ETSI NFV Release 5 kicks off with increased support for cloud-enabled deployments

ETSI NFV Release 5 kicks off with increased support for cloud-enabled deployments

Sophia Antipolis, 9 November 2021

The ETSI Industry Specification Group (ISG) for Network Functions Virtualization (NFV) has started working on its next specification release, known as "Release 5”, officially kicking off the new Release technical work after their September meeting.

The Release 5 work program is expected to drive ETSI NFV’s work into two main directions: consolidating the NFV framework and expanding its applicability and functionality set. On the one hand, some aspects of the NFV concepts and functionalities that have been addressed in previous Releases, but need additional work, will be further developed in Release 5. For instance, based on development, deployment experience and feedback collected during testing events such as the “NFV/MEC Plugtests”, additional work on VNF configuration was deemed necessary. Another example is the more detailed specification work related to fault management modelling which aims at further defining faults and alarms information to improve interoperability during network operations, in particular for root cause analysis and fault resolution in multi-vendor environments.

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ETSI NFV and MEC IOP Plugtests Report 2021 published

ETSI NFV and MEC IOP Plugtests Report 2021 published

Sophia Antipolis, 26 November 2021

In the context of the NFV Plugtests Programme and in order to accelerate NFV and MEC adoption and interoperability, ETSI organized the NFV&MEC IOP Plugtests 2021 event from 1 to 15 October 2021. The Report of this multi-vendor interoperability (IOP) event, held remotely, is now publicly available for download. NFV and MEC overall interoperability reached a 95% to 100% success rate.

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ETSI publishes a white paper introducing Permissioned Distributed Ledger (PDL)

ETSI publishes a white paper introducing Permissioned Distributed Ledger (PDL)

Sophia Antipolis, 24 January 2022

After the release of the first specification on smart contracts on 18 January, members from the ETSI PDL group published a White Paper entitled “An Introduction of Permissioned Distributed Ledger (PDL)”.

Distributed ledgers have consolidated as one of the most disruptive applications of information technology that have appeared in recent years. Their ability to store any kind of data as a consensus of replicated, shared, and synchronized digital records distributed across multiple sites, without depending on any central administrator, together with their properties regarding immutability (and therefore non-repudiation) and multi-party verifiability opens a wide range of applications.

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ETSI simplifies ICT end-users’ lives with a guide available in 19 European languages

ETSI simplifies ICT end-users’ lives with a guide available in 19 European languages

Sophia Antipolis, 21 July 2022

ETSI is pleased to announce the new version of the ETSI Guide EG 203 499, developed by experts from the Human Factors Technical Committee. The guide aims to further simplify end-user access to ICT devices, services and applications by providing recommended terms for basic and commonly used ICT-related objects and activities, notably the terms that end users are commonly exposed to.

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ETSI releases new Report on IPv6-based Blockchain

ETSI releases new Report on IPv6-based Blockchain

Sophia Antipolis, 31 August 2022

ETSI has just released ETSI GR IPE 012, a new IPv6 Enhanced innovation (IPE) Group Report “IPv6-based Blockchain”. The report outlines how IPv6 can be utilized by blockchain networks to secure direct peer-to-peer payments between end users, as well as the potential future role of IPv6 as vital infrastructure, supporting the blockchain.

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ETSI publishes a new white paper on Fixed 5th generation advanced

ETSI publishes a new white paper on Fixed 5th generation advanced

Sophia Antipolis, 22 September 2022

Members from the ETSI Fixed 5th generation (F5G) group have just published a new white paper “F5G advanced and beyond”. This white paper describes the drivers, dimensions, and technologies of the F5G advanced and beyond.

Nine key applications or industry trends are identified as key drivers for F5G Advanced. These can be grouped into two categories: those that are oriented towards services and applications, and those that are directed towards network transformation. Ultra-high-definition immersive experience services could put many new requirements on the network. Enterprises will continue their digitization and cloudification, and this is a huge opportunity for fixed networks.

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ETSI publishes a new White Paper on Multi-access Edge Computing security

ETSI publishes a new White Paper on Multi-access Edge Computing security

Sophia Antipolis, 28 September 2022

Members from the ETSI Multi-Access Edge Computing group (ISG MEC) have just published a new white paper, “MEC security; Status of standards support and future evolutions".

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ETSI General Assembly elects new Chair and Vice Chair

ETSI General Assembly elects new Chair and Vice Chair

Sophia Antipolis, 1 December 2022

On 29 and 30 November, ETSI held its 80th General Assembly in Sophia-Antipolis, France. The agenda included the election of a new Chair and two Vice Chairs. The evening dinner, held at the prestigious Negresco hotel in Nice on the first night of the assembly, saw the celebration of the ETSI Fellowship Award Ceremony, honouring Members for their outstanding contributions to the Institute.

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ETSI OSM launches Release THIRTEEN with a new scalable architecture for massive closed-loop operations

ETSI OSM launches Release THIRTEEN with a new scalable architecture for massive closed-loop operations

Sophia Antipolis, 15 December 2022

The ETSI Open Source MANO community is proud to announce OSM Release THIRTEEN, meeting the already established cadence of two releases per year, alternating between Long Term Support (LTS) releases such as Release TWELVE (2 years’ support) and Standard releases (6 months support).

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