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Disability Benefits Policy Language Warrants Arbitrary and Capricious Standard of Review Despite Enactment of Anti-Discretionary Statute

A federal court in New Jersey recently applied the arbitrary and capricious standard of review for a denial of benefits claim despite the enactment of an anti-discretionary statute in Minnesota, which governed the benefit plan policy. Hocheiser v. Liberty Mut. Ins. Co., 2021 U.S. Dist. LEXIS 32154 (D.N.J. Feb. 22, 2021).




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What Employers Need to Know About the PBGC’s Interim Final Rule About the Special Financial Assistance Program




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Supreme Court Sends Case Involving ERISA Breach of Fiduciary Duty Pleading Standard Back to Seventh Circuit for Revised Analysis

On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans.  In Hughes v. Northwestern University, Case No. 19-1401, the Court voted unanimously to vacate a decision from the U.S. Court of Appeals for the Seventh Circuit, temporarily reinstating allegations by employees of Northwestern University that the fiduciaries of Northwestern’s retirement plans had violated the duty of prudence required by ERISA.




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Fourth Circuit Establishes New Standards for Plaintiffs Seeking Unjust Enrichment as an Equitable Remedy under ERISA

  • The Fourth Circuit weighed in on the complex area of equitable relief under ERISA § 502(a)(3), holding that recovery under an unjust enrichment theory may provide claimants with an alternate path to monetary relief under the statute.




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Going Beyond IE&D 101: A Deeper Understanding of Being Transgender Today in America

As Pride Month comes to a close, we are celebrating with a very special podcast that features the personal stories and perspectives from two members of the Littler family.

Littler Knowledge Management Counsel, Betsy Cammarata (GSC – Kansas City) talks with Littler alum, Bennett Kaspar-Williams (Corporate Counsel for Labor Relations at Amazon Studios) about:




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Help Wanted in Understanding What Types of Advertising Outreach Employers Must Do Before Hiring Foreign Nationals

Before offering a foreign national a permanent position, an employer must demonstrate to the Department of Labor that it tested the market and could not find a U.S. worker to fill the role. How can an employer show it properly tested the U.S. labor market to satisfy the DOL’s requirements under the Program Electronic Review Management (PERM) process?




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Pro Bono Week Podcast – Littler | PCS Assistance with Ukraine

Tomasz Rogala and Marcin Sanetra, Littler | PCS attorneys, and Lavanga Wijekoon discuss the legal assistance Littler’s Poland attorneys have given Ukrainians fleeing the recent conflict there.

Littler attorneys provide pro bono services in a variety of areas, depending on the interests of individual attorneys. The firm values and encourages the community-minded and pro bono efforts of our lawyers and staff.
  




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A Conversation on Black Resistance, Resilience and Being Real

As February comes to a close, Littler is capping off our celebration of Black History Month with a special podcast highlighting the voices of some of our Black attorneys. Kimberly Dobson (Long Island, NY) talks with fellow Littler attorneys, Kim Carter (San Diego, CA), Jason Byrd (New York City, NY), and Taylor Lawson (Memphis, TN) about how they’ve experienced – and seen the impact of – Black resistance in their personal and professional lives.
 




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Gotta tip ’em all? Understanding the UK’s new gratuity rules

This article was originally posted in International Employment Lawyer.




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California Expands Paid Sick Leave Uses for Crime Victims and Agricultural Employees, and Changes Unpaid Leave Standards for Victims

  • Paid sick leave will be available when a family member is a victim of domestic violence, sexual assault, stalking, or other crimes.
  • Paid sick leave will be available for “preventive care” of agricultural employees who work outdoors when there is a smoke, heat, or flooding emergency.
  • Unpaid leave protections for victims of domestic violence, sexual assault, stalking, or other crimes have been revised.




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Littler Awarded Gold Standard Certification from the Women in Law Empowerment Forum

(July 12, 2021) – Littler, the world’s largest employment and labor law practice representing management, has received Gold Standard Certification from the Women in Law Empowerment Forum (WILEF) for the 11th consecutive year. WILEF grants Gold Standard status to firms that meet objective criteria concerning the number of women among equity partners, in firm leadership positions and in the ranks of their most highly compensated partners. Littler is one of only five firms that have been awarded Gold Standard Certification every year since WILEF began the award in 2011.




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Heightened Standards and Bank Human Resources

A little more than a year ago, I wrote in this space about the "Heightened Standards" issued in 2014 by the Office of the Comptroller of the Currency for certain banks with $50 billion and more in assets.

It is essential for counsel and human resources executives advising banks to become familiar with these in more than a passing way.




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Bills 47, 66 and 57: Everything You Need to Know About the Never Ending Changes to Ontario, Canada’s Employment Standards Act, 2000 and Labour Relations Act, 1995 and the Indefinite Delay of its Pay Transparency Act




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Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)

Alexander T. MacDonald says predistributional labor policies do none of the things they’re supposed to do and, in fact, amplify the problems they’re supposed to solve.

The Federalist Society

View




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OMB Announces New Agency Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity

On March 29, 2024, the Office of Management and Budget (OMB) published revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15). These changes will impact how companies collect the race and ethnicity data for their federal reporting. 




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What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?




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High Court to Review Standard Applied to “Reverse Discrimination” Cases

On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting “reverse discrimination” claims under Title VII must show there are “background circumstances” that support the inference that the defendant is the “unusual employer who discriminates against the majority.”

The “Background Circumstances” Requirement




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Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA) in federal court. The Eighth Circuit’s opinion in Schumacher v. SC Data Center, Inc. deepens the split between the circuit courts on standing and increases the chances that the U.S. Supreme Court eventually will have to weigh in on the issue again.

Background: Spokeo and Ramirez




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IRS Raises Standard Mileage Rate for July to December 2022

On June 9, 2022, the Internal Revenue Service issued Announcement 2022-13, increasing the optional standard mileage rate for the final six months of 2022 from 58.5 cents per mile to 62.5 cents per mile.  The new rate will be effective for traveling beginning on July 1, 2022, through December 31, 2022.  The old rate of 58.5 cents per mile will remain in effective through June 30, 2022.




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IRS Issues FAQs on Educational Assistance Programs

The IRS has issued a new fact sheet (FS-2024-22) to address frequently asked questions about educational assistance programs (EAPs), also known as Section 127 plans.1 EAP plans have been an effective recruitment and retention tool for many employers over the past two decades and remain popular with employees because the payments are tax exempt to employees and tax deductible to employers.




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This Legal Change Could "Severely Disrupt" Franchising. Learn About the PRO Act's Joint-Employer Standard

Michael Lotito offers insight on the Protecting the Right to Organize Act (or PRO Act), which includes a change to a standard known as “joint employer.”

Entrepreneur

View 




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California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

  • The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of other alleged aggrieved employees in court despite being bound to arbitrate their individual PAGA claims.




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    Cal/OSHA Completes Fast-Track Adoption of Emergency Silica Standard Aimed at Engineered Stone Industry

    • On December 14, 2023, the Cal/OSHA Standards Board approved an emergency temporary standard to enhance existing standards regarding the hazards of respirable crystalline silica. The ETS became effective on December 29, 2023.
    • The ETS is of interest to all employers insofar as it marks the fifth time in only three years that Cal/OSHA has approved a rule using its emergency powers.




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    Temperatures Sizzle at Cal/OSHA Standards Meeting After Indoor Heat Illness Proposal Removed from Agenda

    Update: On June 20, 2024, the Cal/OSHA Standards Board unanimously approved an amended version of the proposed indoor heat illness prevention regulation which specifically excluded the government entities (mainly correctional facilities) whose inclusion had led to the earlier rejection by the Director Finance. The Board also requested that the Office of Administrative Law (OAL) expedite their review and allow the regulation to become effective immediately upon OAL approval.

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    OSHA Unveils Text of Unprecedented Federal Heat Standard

    • OSHA has issued its proposed workplace heat exposure standard, which would apply to nearly all employers.
    • The proposed standard would require employers to develop a Heat Injury and Illness Prevention Plan with site-specific information to identify, monitor, and control heat hazards in their workplace, and to develop a heat emergency response plan. 




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    Understanding the NLRB’s Healthcare Rule in Light of Recent Union Organizing Trends and Board Decisions




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    High Court to Review Standard Applied to ‘Reverse Discrimination’ Cases

    Alyesha Asghar and Julian G.G. Wolfson explain “background circumstances,” which are required as evidence in cases of reverse discrimination, and the implications for employers and IE&D.

    Wolters Kluwer

    View (Subscription required) 




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    Understanding Argentina under Milei's Revolutionary Changes




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    China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

    Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data transfers.  Relief arrived on March 22, 2024, when the CAC published the “Provisions on Promoting and Regulating Cross-border Data Flows” (the “Approved Provisions”), which went into effect on the same day.




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    Contractor Watchdog Under Trump Stands Ready to Police DEI Again

    Jim Paretti says the Trump administration’s previous agenda and stance toward IE&D will likely repeat when he returns to office.

    Bloomberg Law

    View (Subscription required)




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    ETSI releases a standard for NFV Deployment Templates

    ETSI releases a standard for NFV Deployment Templates

    Sophia Antipolis, 30 January 2019

    It provides the foundations of an open ecosystem

    The ETSI Industry Specification Group (ISG) on Network Functions Virtualisation (NFV) ended 2018 on a bright note, with the publication of the first version of ETSI GS NFV-SOL 001, the specification of NFV descriptors based on the Topology and Orchestration Specification for Cloud Applications (TOSCA). 

    Read More...




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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.

    Read More...




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    ETSI offers a Novel Approach to Standards Education

    ETSI offers a Novel Approach to Standards Education

    Sophia Antipolis, 25 March 2019

    ETSI has released a new set of classroom teaching materials on ICT standardization. A comprehensive textbook, “Understanding ICT Standardization: Principles and Practice”, together with an extensive slide pack have been developed with the support of the European Commission and the EFTA Secretariat.

    Read More...




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    22nd Global Standards Collaboration meeting convenes world’s leading standards bodies in Montreux, Switzerland

    22nd Global Standards Collaboration meeting convenes world’s leading standards bodies in Montreux, Switzerland

    Sophia Antipolis, 28 March 2019

    The 22nd meeting of the Global Standards Collaboration (GSC), a high-level gathering of the world’s leading information and communication technologies (ICT) standards organizations, took place from 26-27 March 2019, hosted by IEC (International Electrotechnical Commission) and ISO (International Organization for Standardization) in Montreux, Switzerland.  GSC members shared their priorities and focused on Smart Sustainable Cities and AI (Artificial Intelligence). 

    Read More...




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    oneM2M announced as the “Top IoT Standards Body of the Year”

    oneM2M announced as the “Top IoT Standards Body of the Year”

    Sophia Antipolis, 9 April 2019

    On April 8, winners for the 7th Annual Compass Intelligence Awards in IoT, Mobile, and Emerging Tech were announced. oneM2M was the winner in the category “Top IoT Standards Body of the Year”. ETSI is a founding partner of the oneM2M partnership project, along with 6 other standards bodies, ARIB, ATIS, CCSA, TTA, TTC and TIA. TSDSI joined the project in 2015.

    Read More...




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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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    COAI and ETSI sign MoU to foster a closer co-operation on Telecom Standardization

    COAI and ETSI sign MoU to foster a closer co-operation on Telecom Standardization

    New Delhi & Sophia Antipolis, 13 May 2019

    Acknowledging the role of standards, especially in the context of emerging technologies and technologies of the future and the need to collaborate and work in partnership with different types of organizations around the world, COAI, the apex industry association representing leading Telecom, Internet, Technology and Digital Services companies and ETSI, a leading standardization organization for Information and Communication Technology (ICT) standards fulfilling European and global market needs announced to come together once again to work and collaborate on areas of mutual interest.

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    "CALLING THE SHOTS" A report commissioned by ETSI calls on EU to retake global leadership in digital standard setting

    "CALLING THE SHOTS" A report commissioned by ETSI calls on EU to retake global leadership in digital standard setting

    Sophia Antipolis, 10 October 2019

    The report Calling the Shots: Standardization for EU Competitiveness in a Digital Era, was drawn up by an independent panel of experts brought together by Kreab at the request of ETSI and led by Carl Bildt, former Prime Minister and Foreign Minister of Sweden. The panel who met during the first half year of 2019, gathered insights and experience from industry, politics and academia. 

    Read More...




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    AIOTI, ISO/IEC JTC1, ETSI, oneM2M and W3C Collaborate on Two Joint White Papers on Semantic Interoperability Targeting Developers and Standardization Engineers

    AIOTI, ISO/IEC JTC1, ETSI, oneM2M and W3C Collaborate on Two Joint White Papers on Semantic Interoperability Targeting Developers and Standardization Engineers

    Cross-organization expert group works together on accelerating adoption of semantic technologies in IoT.

    AIOTI today announced its collaborative role in the publication of two joint white papers on semantic interoperability entitled Semantic IoT Solutions - A Developer Perspective and Towards semantic interoperability standards based on ontologies in conjunction with organizations closely tied to the advancement of the IoT ecosystem.

    Read More...




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    First ETSI C-V2X interoperability event tests ETSI ITS and 3GPP standards

    First ETSI C-V2X interoperability event tests ETSI ITS and 3GPP standards

    Registration now open!

    Sophia Antipolis, 8 November 2019

    ETSI, with experts from its Center for Testing and Interoperability, in partnership with the 5GAA, is organizing the first C‑V2X PlugtestsTM event.

    Hosted by DEKRA in its Connected Vehicle Test Development Centre in Malaga from 2-6 December 2019, the event will enable vendors to run interoperability test sessions to assess the level of interoperability of their implementations and validate their understanding of the standards. Interoperability testing checks that devices built to the same standards can work together and provide the functionalities specified in the standards.

    Read More...




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    ETSI standardizes new Secure Platform to address IoT, 5G, and security sensitive sectors

    ETSI standardizes new Secure Platform to address IoT, 5G, and security sensitive sectors

    Sophia Antipolis, 18 November 2019

    Trust and privacy together with cost and flexibility are key to security solutions for many applications in today’s digital world. To address this challenge, ETSI Technical Committee Smart Card Platform, who standardized the former generations of SIM cards, has been working on a brand-new security platform called Smart Secure Platform (SSP). The ETSI committee is pleased to unveil the first three technical specifications to launch this new security platform.

    Read More...




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    ETSI issues two major standards for emergency calls: Next Generation 112 and Advanced Mobile Location

    ETSI issues two major standards for emergency calls: Next Generation 112 and Advanced Mobile Location

    Sophia Antipolis, 20 January 2020

    ETSI’s Emergency Communication Special Committee has recently released two major specifications, ETSI TS 103 479, for NG112, the next generation of European emergency services and ETSI TS 103 625, for the specific Advanced Mobile Location function. AML is already implemented in 22 countries worldwide following the publication of the first ETSI technical report TR 103 393.

    Read More...




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    ETSI unveils 2020 Fellows rewarding outstanding personal contribution

    ETSI unveils 2020 Fellows rewarding outstanding personal contribution

    Sophia Antipolis, 7 April 2020

    ETSI is pleased to unveil its 2020 ETSI Fellows. The Award committee composed of the GA Chair and Vice-Chairmen, the Board Chair and the ETSI Director-General, nominated Brian Copsey, Kiritkumar P. Lathia, and Edgard Vangeel as ETSI fellows for their outstanding personal contribution to ETSI.

    Read More...




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    ETSI releases standard for cyber digital evidence bag to confirm integrity of data in legal proceedings

    ETSI releases standard for cyber digital evidence bag to confirm integrity of data in legal proceedings

    Sophia Antipolis, 21 April 2020

    The ETSI Technical Committee CYBER has recently released a key standard for digital evidence bag (DEB). ETSI TS 103 643 covers “techniques for assurance of digital material used in legal proceedings” and provides a set of extra tools for those wanting to demonstrate the integrity of digital evidence.

    Read More...




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    Artificial Intelligence for networks: understanding it through ETSI ENI use cases and architecture

    Artificial Intelligence for networks: understanding it through ETSI ENI use cases and architecture

    Sophia Antipolis, 20 April 2020

    On 17 April, ETSI officials from the Experiential Network Intelligence group (ISG ENI) gave a webinar entitled Artificial Intelligence for networks: understanding it through ETSI ENI use cases. This webinar attracted more than 150 online attendees including operators, vendors, research institutions, and international standards development organizations.

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    New ETSI group to develop standardization framework for secure smartphone-based proximity tracing systems, helping to break COVID-19 transmission chains

    New ETSI group to develop standardization framework for secure smartphone-based proximity tracing systems, helping to break COVID-19 transmission chains

    Sophia Antipolis, 12 May 2020

    In response to the global coronavirus pandemic, the new ETSI Industry Specification Group “Europe for Privacy-Preserving Pandemic Protection” (ISG E4P) has been established to provide a standardization framework that will enable developers to build interoperable mobile apps for proximity detection and anonymous identification.

    Read More...




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    ETSI releases White Paper on the role of standards for ICT to mitigate the impact of a pandemic

    ETSI releases White Paper on the role of standards for ICT to mitigate the impact of a pandemic

    Sophia Antipolis, 28 May 2020

    Today, ETSI unveils a new white paper, written by the officials of the ETSI EP eHealth group, highlighting the role of standards developing organizations (SDOs) in developing standards for ICT to mitigate the impact of a pandemic. COVID-19 is not a mild pandemic, it is a serious, often lethal, health condition, the impact of which is seriously detrimental to social and economic life across the world. The ETSI paper acts to identify a "call to arms" to standards bodies and their constituent members to ensure that when the next pandemic arrives, we can rely on greater harmonization of the supply chain.

    Read More...




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    ETSI increases outreach to the research community to accelerate innovation and standards cooperation

    ETSI increases outreach to the research community to accelerate innovation and standards cooperation

    Sophia Antipolis, 16 June 2020

    Engaging with Standards at the appropriate stages of research and innovation cycles is crucial to the development of new and evolved technologies. Identifying research topics for standardization at an early stage ensures that the requisite standards will be available to the industry when they are needed to support the relevant new technologies and products as they go to market.

    Currently ETSI’s research and academic membership includes over 120 organizations, including public and private research institutes and universities from Europe and beyond. ETSI seeks to expand the existing research and academic community as well as reinforce the links with European research projects and platforms in order to build an active community of research and industrial partners, working towards a shared goal.

    Read More...




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    ETSI releases world-leading Consumer IoT Security standard

    ETSI releases world-leading Consumer IoT Security standard

    Sophia Antipolis, 30 June 2020

    The ETSI Technical Committee on Cybersecurity (TC CYBER) today unveils ETSI EN 303 645, a standard for cybersecurity in the Internet of Things that establishes a security baseline for internet-connected consumer products and provides a basis for future IoT certification schemes. Based on the ETSI specification TS 103 645, EN 303 645 went through National Standards Organization comments and voting, engaging even more stakeholders in its development and ultimately strengthening the resulting standard. The EN is a result of collaboration and expertise from industry, academics and government.

    Read More...




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    New ETSI white paper: Harmonizing standards for edge computing, a synergized architecture leveraging ETSI ISG MEC and 3GPP specifications

    New ETSI white paper: Harmonizing standards for edge computing, a synergized architecture leveraging ETSI ISG MEC and 3GPP specifications

    Sophia Antipolis, 27 July 2020

    Members and officials of the ETSI Multi-access Edge Computing group and the 3GPP SA WG6 have just published a new white paper which aims to harmonize standards for edge computing. The white paper highlights the role of standards for edge when edge computing is deployed in conjunction with mobile networks. It also reviews the leading efforts in the industry and introduces a synergized architecture which leverages the ETSI ISG MEC and 3GPP specifications. This paper highlights the value proposition of different standards streams and how those standards may be combined when it comes to deployments. Some deployment options are discussed.

    Read More...