Frank C. Morris, Jr.

Frank C. Morris, Jr.

Epstein Becker Green

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Latest Publications


Benefits Litigation Update – Fall 2015

Message from ERIC President and CEO Annette Guarisco Fildes: Welcome to the Fall edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm of Epstein Becker &...more

11/6/2015 - Affordable Care Act Benefit Plan Sponsors Breach of Duty Contraceptive Coverage Mandate ERISA Fraudulent Concealment Severance Agreements

Benefits Litigation Update – July 2015

Welcome to the new, rejuvenated version of the Benefits Litigation Update, which we bring you jointly with the law firm of Epstein Becker Green. Our goal is to provide a concise and, we hope, insightful glimpse into recent...more

7/27/2015 - 401k Affordable Care Act Benefit Plan Sponsors Dave & Buster's Employee Benefits Employer Group Health Plans Employer Liability Issues Employer Mandates Equitable Relief ERISA Fiduciary Duty Health Insurance Preemption Telehealth

Supreme Court’s Decision in Mach Mining Impacts Employers’ Approach to Conciliation with the EEOC

In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more

5/6/2015 - Best Practices Conciliation Discrimination EEOC Employer Liability Issues Judicial Review Mach Mining v EEOC SCOTUS Title VII

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

4/20/2015 - ADA Affordable Care Act Covered Entities Disability Discrimination Disabled EEOC GINA HIPAA Hiring & Firing Job Applicants Medical Examinations PHI Proposed Regulation Screening Procedures Wellness Programs

Five Health Care Developments Important to Employers

Perhaps never before have employers faced so many challenges when it comes to health care issues affecting their workforce. Congress may try to amend the Affordable Care Act (“ACA”). The Supreme Court of the United States is...more

2/26/2015 - Affordable Care Act DOL EEOC Employer Group Health Plans Flexible Spending Accounts GINA Health Insurance Health Savings Accounts HIPAA Individual Mandate Preexisting Conditions SCOTUS Tax Credits Telehealth Telemedicine Wellness Programs

Mainstream Wellness Program Challenged in EEOC v. Honeywell

Despite promulgating a paucity of guidance on what constitutes a “voluntary medical exam” under the Americans with Disabilities Act (“ADA”), on October 27, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

11/21/2014 - ADA Corporate Counsel EEOC Employer Group Health Plans Employer Liability Issues Enforcement Actions Halliburton Medical Examinations Wellness Programs

Protecting Your Workforce: What You Need to Know About Ebola

The Ebola virus disease (“Ebola”) has become a worldwide threat, which, among many other effects, has forced employers to think about how to protect their employees. Employers also must consider how Ebola might impact...more

11/4/2014 - CDC Ebola Safety Precautions

HEAL Advisory: Whistleblowers Rewarded Again by SEC and the Judiciary

On August 29, 2014, two whistleblower developments of particular interest to health care and life science entities emerged from the Securities and Exchange Commission ("SEC") and the Eighth Circuit Court of Appeals,...more

9/11/2014 - SEC Whistleblower Awards Whistleblowers

Act Now Advisory: The EEOC Is Scrutinizing Separation Agreements: Does Yours Hold Up?

In its "Strategic Enforcement Plan for FY 2013-2016," the federal Equal Employment Opportunity Commission ("EEOC" or "Agency") identifies "Preserving Access to the Legal System" as one of its six core priorities. The Agency...more


Act Now Advisory: As Defendant, Obama Administration Takes Narrower View of Whistleblower Protections Than as Enforcer - Will This...

Employers attempting to manage corporate compliance programs while balancing privacy concerns and whistleblower protections might find a certain irony, perhaps empathy, in the Obama administration's recent petition for U.S....more

3/7/2014 - CFTC Confidentiality Agreements Dodd-Frank Lawson v FMR NTSA Retaliation Sarbanes-Oxley SCOTUS SEC Separation Agreement Training Transportation Security Administration Whistleblower Protection Policies

U.S. Access Board Advisory Committee's Recommendations for ADA-Accessible Medical Diagnostic Equipment: Implications for Health...

For the past several years, the health care community has been not only at the center of vigorous policy debates about the method of health care delivery in this country, but also in the crosshairs of agencies charged with...more

1/24/2014 - ADA Diagnostic Imaging Services Disability Access Claims DOJ Healthcare Medical Devices Rehabilitation Act

ADA Accessibility Attestation Forms for FIDA (Medicare-Medicaid Advantage Duals) Plans

The Financial Alignment Initiative of the Centers for Medicare & Medicaid Services ("CMS") is a test program designed to better coordinate care for dual Medicare-Medicaid enrollees by aligning the financing of Medicare and...more

12/19/2013 - Accessibility Rules ADA CMS Compliance Medicaid Medical Benefits Medicare Medicare-Medicaid Alignment Initiative

Act Now Advisory: EEOC's Disabilities Guidance Updates Coincides with the APA's Manual of Mental Disorders Update and the AMA's...

On May 15, 2013, the Equal Employment Opportunity Commission ("EEOC") updated its prior guidance regarding cancer, diabetes, epilepsy, and intellectual disabilities, so as to clarify employers' obligations under the Americans...more

7/11/2013 - ADA Cancer Compliance Department of Transportation (DOT) Disability DSM EEOC Employer Mandates Healthcare Obesity Supervisors

HEAL Advisory: Employer Mandate Delayed—Employers Get Welcome Relief from Penalties Until 2015, but Many Questions Remain

In reaction to employers' concerns about the many difficulties posed in efforts to comply with the Employer Mandate provisions of the Affordable Care Act ("ACA"), the Obama administration ("Administration") announced late...more

7/5/2013 - Affordable Care Act Deadlines Delays Employer Mandates Health Insurance Healthcare Individual Mandate Pay or Play Penalties U.S. Treasury

Act Now Advisory: DOJ Serves Notice: Celiac Disease and Severe Allergies Now Classified as Disabilities Under the ADA -...

A recent settlement agreement between the United States Department of Justice ("DOJ") and Lesley University in Cambridge, Massachusetts explicitly extends the protections of the Americans with Disabilities Act ("ADA") to...more

1/25/2013 - ADA Celiac Disease Disability Discrimination Food Allergies Food Manufacturers Public Accommodation Reasonable Accommodation Settlement Title III

Take 5: Views You Can Use - November 2012

The docket for the U.S. Supreme Court’s October 2012 term already contains five cases that could substantially impact the employment litigation landscape and employer affirmative action and diversity efforts. This month's...more


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