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New York City Council Passes Bill that Would Create a Private Right of Action under the Earned Safe and Sick Time Act

Update: This law was enacted on January 20, 2024.  It goes into effect March 20, 2024.

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SCOTUS’s job transfer ruling raises greater risk of DEI disputes

Philip Berkowitz discusses the Supreme Court’s decision in Muldrow v. City of St. Louis that makes it easier for employees to bring workplace discrimination claims against unwanted job transfers.

International Employment Lawyer

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Littler Survey: Economic Uncertainty Creates New Workforce Challenges for Employers

Survey of more than 450 employers reveals critical insights on layoffs, hiring practices and more

(March 8, 2023) – Littler, the world’s largest employment and labor law practice representing management, has released the results of its latest Employer Pulse Survey Report: 2023 Economic Outlook, based on responses from more than 450 in-house lawyers, C-suite executives and human resources professionals across the United States.




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First Circuit Creates New Fiduciary Duty Under ERISA for Insurers Accepting Group Premiums from Employers

  • First Circuit held that an insurer has a fiduciary duty under ERISA to verify individual employee eligibility for group benefit plan coverage at or near the time of enrollment.
  • Insurers can shift the duty of eligibility verification to employers through the plan’s language.




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Pro Bono Week Podcast – Seeking Justice for a Neurodiverse Individual on Death Row

Emily Linn talks with Breanne Martell about the amicus brief she assisted with to seek justice for a neurodiverse individual, Robert Leslie Roberson, who was convicted of murder based on science that has now been debunked.

Our Littler attorneys demonstrate their pro bono commitment by providing significant pro bono efforts to community organizations. These services cover a variety of areas, depending on the interests of individual attorneys. Overall, the firm values, encourages and respects the community-minded and pro bono efforts of our lawyers and staff.
  




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Doesn’t the Pregnant Workers Fairness Act just require employers to treat pregnant employees just like they treat employees with disabilities?




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Seattle Paid Sick Time and Paid Safe Time Ordinance




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OFCCP Revises Compensation Analysis Directive But Leaves Questions About Documentation Created Under Attorney-Client Privilege

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Directive 2022-01 - Advancing Pay Equity Through Compensation Analysis, which was originally issued on March 15, 2022.




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Justices' Chevron Ruling Threatens DOL Wage Rulemaking

Michael Lotito says the U.S. Supreme Court’s decision to nix Chevron deference sends a message to federal agencies that the days of administrative overreach are over.

Law360 Employment Authority

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Regulatory Compliance in a Post-Chevron World: Fasten Your Seatbelts

Alex MacDonald says the Supreme Court’s decision to overturn Chevron will likely impact regulatory bodies and the employers they oversee.

Corporate Compliance Insights

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Medical and Recreational Marijuana in Arizona




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Biden's DOL Pick Walsh In The Hot Seat: What To Watch For

Michael Lotito shares his predictions for workplace training and labor management under Marty Walsh’s leadership.

Law360

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Treasury Department’s Greenbook Discusses Tax Treatment of On-Demand Pay

The U.S. Department of the Treasury has released a document to explain the revenue proposals included in President Biden’s FY 2023 proposed Budget.




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Nevada Passes Legislation Creating Licensing Requirements for Earned Wage Access Providers

On June 15, 2023, Nevada Governor Joe Lombardo signed SB 290, which requires early wage access (EWA) providers to obtain a license from the Commissioner of Financial Institutions. This is the first EWA law enacted by any state. 

Early Wage Access Generally




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July Is the New January: The Pace of New State Laws Heats Up

Traditionally, January 1 has been the key date for which employers must prepare to implement new labor and employment compliance obligations for new laws passed within the previous year.  For the past several years, we have reported on employment and labor laws taking effect mid-year. Increasingly, new compliance challenges are not taking a summer vacation.




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The Summer’s death knell for affirmative action has passed - Now what?

Jim Thelen says the Supreme Court’s Harvard/UNC decision does not directly impact employment law but may impact the way the public, employees, the judiciary, government agencies and opposition groups looking for ways to legally challenge such programs and evaluate them going forward.

University Business

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Unionizing Student Athletes Called ‘Existential Threat’ by GOP

Tyler A. Sims says student athletes shouldn’t be classified as employees under the National Labor Relations Act.

Bloomberg Law

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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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Phoenix City Council Requires Heat Safety Plans from City Contractors

On March 26, 2024, the Phoenix (Arizona) City Council unanimously passed an ordinance requiring all city contractors and subcontractors to develop and maintain a written heat safety plan to prevent heat-related illnesses and injuries in the workplace. Outdoor workers in Phoenix may be susceptible to heat-related illness and injury due to the extreme Arizona temperatures.




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California Indoor Worker Heat Rule’s Revival Too Late for Summer

Alka Ramchandani-Raj talks about the revised Cal/OSHA rule on indoor heat standards that would apply to all industries.

Bloomberg Law

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More Workers Seek Mental Health Accommodations, Creating Vexing Legal, HR Decisions for Firms

Devjani Mishra discusses findings from Littler’s 2024 Annual Employer Survey Report that show an increase in workplace requests for leaves of absence or other accommodations for mental health.

Corporate Counsel

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Forecast: Very hot. What your employer should be doing to protect you on high-heat days

Alka Ramchandani-Raj talks to employers about OSHA-recommended accommodations when altering employees’ working hours due to heat-related conditions.

CNN

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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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Heat Stress Proposal Challenges Employers on Proving Compliance

Alka Ramchandani-Raj says a proposed OSHA rule would direct OSHA inspectors to request to see an employer’s written heat plan as part of construction site inspections on days the temperature has reached the rule’s trigger point. 

Bloomberg Law

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California’s Indoor Heat Illness Prevention Regulation Takes Immediate Effect

  • California’s indoor heat illness regulation, the first of its kind in the United States, is now in effect.
  • New requirements apply to all indoor work areas where the temperature is 82° F or above, with few exceptions. Additional requirements apply for higher temperatures.
  • California employers with any work settings that are covered by the new regulation should immediately develop indoor heat illness plans and provide training to their employees.




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House GOP takes aim at Biden heat safety rules

Felicia Watson said lawmakers should oppose a proposed OSHA rule to protect workers from extreme heat because it would force employers into the role of taking care of employees like children.

E&E News

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House Subcommittee Hearing Raises Concerns About Proposed Heat Illness Rule

Felicia Watson discusses three concerns about a proposed OSHA rule that would protect indoor and outdoor workers from heat illness.

SHRM

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Business Concerns Loom Over California’s Indoor Worker Heat Rule

Alka Ramchandani-Raj discusses California’s new indoor and outdoor heat rule for employees and the ambiguity surrounding how the rule will be enforced.

Bloomberg Law

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Maryland’s Heat Stress Regulation Took Effect September 30th – Are you Prepared?

Maryland’s Occupational Safety and Health (MOSH) Division of Labor and Industry recently announced its publication of the Heat Illness Prevention Standard as a final regulation in the September 20, 2024, edition of the Maryland Register. Effective September 30, 2024, the final regulation—which creates obligations for Maryland employers to protect their employees against heat hazards—will be published in the Code of Maryland Regulations (COMAR) under chapter 09.12.32 Heat Stress Standards.




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California’s New Indoor Heat Illness Prevention Regulation Is Already in Effect




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Employment Law: Trends, Threats, and Tactics in 2014




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Employment Law: Trends, Threats, and Tactics in 2014




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Employment Law: Trends, Threats, and Tactics in 2014




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Employment Law: Trends, Threats, and Tactics in 2014




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A Growing Trend: Treating Wage Theft as a Criminal Offense

As prosecutors and states have ramped up the criminal prosecution of wage theft and other employment law violations, Jacqueline Kalk explains why this isn’t always necessary.

Law360 Employment Authority

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Briana Swift Joins as a Shareholder in Littler’s Seattle Office

SEATTLE (May 28, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Briana M. Swift as a shareholder in its Seattle office. She joins the firm from K&L Gates and focuses her practice on employee benefits and executive compensation. Swift is the sixth attorney to join Littler at the shareholder level since the beginning of April.




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DOL Opinion Letter Offers Additional Insight Regarding Regular Rate Treatment of Expense Reimbursement Payments

On November 8, 2024, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2024-01.  This letter provides additional clarity about whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime pay under the Fair Labor Standards Act (FLSA).  




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Colorado’s Landmark AI Legislation Would Create Significant Compliance Burden for Employers Using AI Tools

UPDATE: On May 17, 2024, Colorado Governor Jared Polis signed Senate Bill 24-205 into law, although not without reservations. Governor Polis sent a letter to the members of the Colorado General Assembly encouraging them to reconsider and amend aspects of Senate Bill 24-205 before it takes effect on February 1, 2026.




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Businesses breathe sigh of relief after Dutch expat tax reversal

Stephan Swinkels discusses a major reversal in reforms to Dutch tax law that would have impacted the recruitment and mobility of highly skilled foreign talent.

Global Mobility Lawyer

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Texas ABM Ruling Threatens Future of Labor Agency Law Judges

Alex MacDonald says the US Labor Department’s ability to use in-house judges to resolve claims may have to be addressed by the US Supreme Court because circuit splits threaten to limit the judges’ power. 

Bloomberg Law

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Prized H-1B Worker Visas Threatened Amid Trump Immigration Plans

Jorge R. Lopez says the Trump administration’s regulatory agenda was stymied by legal battles and a slow transition the first time around, but could move much quicker to implement its immigration priorities in his second administration.

Bloomberg Law

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ETSI NFV announces new features to its architecture to support 5G

ETSI NFV announces new features to its architecture to support 5G

Sophia Antipolis, 1 July 2019

ETSI NFV has enhanced the system as well as designed new features to support 5G networks. Specifically, 5G resource management and orchestration aspects were added on top of the NFV Release 2 architecture framework.

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TeraFlowSDN Release 3 Provides a Cloud-based Network Automation Platform Featuring New Optical SDN Controller and Expanded Support for Disaggregated Networks

Sophia Antipolis, 30 April 2024

The ETSI TeraFlowSDN community is proud to announce the third release of TeraFlowSDN, an innovative and robust SDN orchestrator and controller, delivering a fully featured Network Automation Platform. In this latest release, TeraFlowSDN enhances its capabilities with the integration of an Optical SDN controller, expanding device support to include gNMI and OpenConfig protocols. It also features enriched network integrations for end-to-end orchestration like IP over DWDM, L3VPN, MEC, and network topology exposure. The management of network topologies is improved with the addition of a new BGP-LS speaker able to discover the topologies, and a new Forecaster component is introduced, providing predictive insights for network management. These additions substantially augment the versatility and management capabilities of the TeraFlowSDN platform.

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Los Angeles Holiday Party - Smoked Meat & Poutine Brunch

Starts: Sat, 07 Dec 2024 13:30:00 -0500
12/07/2024 11:30:00AM
Location: Los Angeles, U. S. A.




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Share your experiences to create some SpotOn social media tips for scientists!

It ain’t a party if you can’t join us Towards the end of April, SpotOn




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Cybersecurity Snapshot: CISA Warns of Global Spear-Phishing Threat, While OWASP Releases AI Security Resources

CISA is warning about a spear-phishing campaign that spreads malicious RDP files. Plus, OWASP is offering guidance about deepfakes and AI security. Meanwhile, cybercriminals have amplified their use of malware for fake software-update attacks. And get the latest on CISA’s international plan, Interpol’s cyber crackdown and ransomware trends.

Dive into six things that are top of mind for the week ending Nov. 8.

1 - CISA: Beware of nasty spear-phishing campaign

Proactively restrict outbound remote-desktop protocol (RDP) connections. Block transmission of RDP files via email. Prevent RDP file execution.

Those are three security measures cyber teams should proactively take in response to an ongoing and “large scale” email spear-phishing campaign targeting victims with malicious RDP files, according to the U.S. Cybersecurity and Infrastructure Security Agency (CISA).

A foreign threat actor is carrying out the campaign. Several vertical sectors, including government and IT, are being targeted.

“Once access has been gained, the threat actor may pursue additional activity, such as deploying malicious code to achieve persistent access to the target’s network,” CISA’s alert reads.
 


Other CISA recommendations include:

  • Adopt phishing-resistant multi-factor authentication (MFA), such as FIDO tokens, and try to avoid SMS-based MFA
  • Educate users on how to spot suspicious emails
  • Hunt for malicious activity in your network looking for indicators of compromise (IoCs) and tactics, techniques and procedures

Although CISA didn’t name the hacker group responsible for this campaign, its alert includes links to related articles from Microsoft and AWS that identify it as Midnight Blizzard. Also known as APT29, this group is affiliated with Russia’s government.

To get more details, check out the CISA alert “Foreign Threat Actor Conducting Large-Scale Spear-Phishing Campaign with RDP Attachments.

For more information about securing RDP tools:

2 - OWASP issues AI security resources

How should your organization respond to deepfakes? What’s the right way of establishing a center of excellence for AI security in your organization? Where can you find a comprehensive guide of tools to secure generative AI applications?

These questions are addressed in a new set of resources for AI security from the Open Worldwide Application Security Project’s OWASP Top 10 for LLM Application Security Project

The new resources are meant to help organizations securely adopt, develop and deploy LLM and generative AI systems and applications “with a comprehensive strategy encompassing governance, collaboration and practical tools,” OWASP said in a statement.



These are the new resources:

  • The Guide for Preparing and Responding to Deepfake Events,” which unpacks four types of deepfake schemes – financial fraud, job interview fraud, social engineering and misinformation – and offers guidance about each one in these areas:
    • preparation
    • detection and analysis
    • containment eradication and recovery
    • post-incident activity
  • The LLM and GenAI Center of Excellence Guide,” which aims to help CISOs and fellow organization leaders create a center of excellence for generative AI security that facilitates collaboration among various teams, including security, legal, data science and operations, so they can develop:
    • Generative AI security policies
    • Risk assessment and management processes
    • Training and awareness
    • Research and development
  • The AI Security Solution Landscape Guide,” which offers security teams a comprehensive catalog of open source and commercial tools for securing LLMs and generative AI applications.

To get more details, read OWASP’s announcement “OWASP Dramatically Expands GenAI Security Guidance.”

For more information about protecting your organization against deepfakes:

3 - Fake update variants dominate list of top malware in Q3

Hackers are doubling down on fake software-update attacks.

That’s the main takeaway from the Center for Internet Security’s list of the 10 most prevalent malware used during the third quarter.

Malware variants used to carry out fake browser-update attacks took the top four spots on the list: SocGholish, LandUpdate808, ClearFake and ZPHP. Collectively, they accounted for 77% of the quarter’s malware infections. It's the first time LandUpdate808 and ClearFake appear on this quarterly list.


(Source: “Top 10 Malware Q3 2024”, Center for Internet Security, October 2024)

In a fake software-update attack, a victim gets duped into installing a legitimate-looking update for, say, their preferred browser, that instead infects their computers with malware.

Here’s the full list, in descending order:

  • SocGholish, a downloader distributed through malicious websites that tricks users into downloading it by offering fake software updates 
  • LandUpdate808, a JavaScript downloader distributed through malicious websites via fake browser updates
  • ClearFake, another JavaScript downloader used for fake browser-update attacks
  • ZPHP, another JavaScript downloader used for fake software-update attacks
  • Agent Tesla, a remote access trojan (RAT) that captures credentials, keystrokes and screenshots
  • CoinMiner, a cryptocurrency miner that spreads using Windows Management Instrumentation (WMI)
  • Arechclient2, also known as SectopRAT, is a .NET RAT whose capabilities include multiple stealth functions
  • Mirai, a malware botnet that compromises IoT devices to launch DDoS attacks
  • NanoCore, a RAT that spreads via malspam as a malicious Excel spreadsheet
  • Lumma Stealer, an infostealer used to swipe personally identifiable information (PII), credentials, cookies and banking information

To get more information, the CIS blog “Top 10 Malware Q3 2024” offers details, context and indicators of compromise for each malware strain.

For details on fake update attacks:


VIDEO

Fake Chrome Update Malware (The PC Security Channel)

4 - CISA’s first international plan unveiled

CISA has released its first-ever international plan, which outlines a strategy for boosting the agency’s collaboration with cybersecurity agencies from other countries.

Aligning cybersecurity efforts and goals with international partners is critical for tackling cyberthreats in the U.S. and abroad, according to the agency.

The three core pillars of CISA’s “2025 - 2026 International Strategic Plan” are:

  • Help make more resilient other countries’ assets, systems and networks that impact U.S. critical infrastructure
  • Boost the integrated cyber defenses of the U.S. and its international partners against their shared global cyberthreats
  • Unify the coordination of international activities to strengthen cyberdefenses collectively

The plan will allow CISA to “reduce risk to the globally interconnected and interdependent cyber and physical infrastructure that Americans rely on every day,” CISA Director Jen Easterly said in a statement.

5 - Interpol hits phishers, ransomware gangs, info stealers

Interpol and its partners took down 22,000 malicious IP addresses and seized thousands of servers, laptops, and mobile phones used by cybercriminals to conduct phishing scams, deploy ransomware and steal information.

The four-month global operation, titled Synergia II and announced this week, involved law enforcement agencies and private-sector partners from 95 countries and netted 41 arrests.


“Together, we’ve not only dismantled malicious infrastructure but also prevented hundreds of thousands of potential victims from falling prey to cybercrime,” Neal Jetton, Director of Interpol’s Cybercrime Directorate, said in a statement.

In Hong Kong, more than 1,000 servers were taken offline, while authorities in Macau, China took another 291 servers offline. Meanwhile, in Estonia, authorities seized 80GB of server data, which is now being analyzed for links to phishing and banking malware.

For more information about global cybercrime trends:

6 - IST: Ransomware attacks surged in 2023

Ransomware gangs went into hyperdrive last year, increasing their attacks by 73% compared with 2022, according to the non-profit think tank Institute for Security and Technology (IST).

The IST attributes the sharp increase in attacks to a shift by ransomware groups to “big game hunting” – going after prominent, large organizations with deep pockets. 

“Available evidence suggests that government and industry actions taken in 2023 were not enough to significantly reduce the profitability of the ransomware model,” reads an IST blog.

Global Ransomware Incidents in 2023

Another takeaway: The ransomware-as-a-service (RaaS) model continued to prove extremely profitable in 2023, and it injected dynamism into the ransomware ecosystem. 

The RaaS model prompted ransomware groups “to shift allegiances, form new groups, or iterate existing variants,” the IST blog reads.

The industry sector that ransomware groups hit the hardest was construction, followed by hospitals and healthcare, and by IT services and consulting. Financial services and law offices rounded out the top five.

To learn more about ransomware trends:




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Social Media for Science Outreach – A Case Study: TEDMED Great Challenges

To tie in with this month’s SoNYC birthday celebrations, we are hosting a collection of case




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OSC study finds ESG ratings greatly influence investor decisions but are difficult to understand

TORONTO – The Ontario Securities Commission (OSC) today released the results of a study examining the influence of environmental, social and governance (ESG) factors on retail investor decision making.




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Outcast. Volume 1, A darkness surrounds him / Robert Kirkman, creator, writer ; Paul Azaceta, artist ; Elizabeth Breitweiser, colorist ; Rus Wooton, letterer.

Kyle Barnes has been plagued by demonic possession all his life and now he needs answers. Unfortunately, what he uncovers along the way could bring about the end of life on Earth as we know it.




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Outcast. Volume 3, This little light / Robert Kirkman, creator, writer ; Paul Azaceta, artist ; Elizabeth Breitweiser, colorist ; Rus Wooton, Letterer ; Sean Mackiewicz, editor.

"Kyle is faced with the most emotional exorcism he's performed yet … as he begins to learn more about his abilities and what's really happening around him. The pieces are starting to fall into place as secrets are revealed that will change everything." -- Description provided by publisher.