Author Info for Arnall Golden Gregory LLP

Jeffrey Adams

A Summary of Housing Related Provisions in the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) is designed to help address the nation’s efforts to mitigate the economic effects of COVID-19. The CARES Act was signed into law on Friday, March 27,…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Forbearance Agreements, Foreclosure

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Joseph Alley Jr.

New SEC Cybersecurity Rules Are Here: What Should Companies Be Doing to Comply?

SEC Cybersecurity Rule Fact Sheet What Is the New Rule? In late July 2023, the SEC adopted new rules that will require publicly traded companies to: disclose cybersecurity incidents within four business days of determining…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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Dymond Anthony

FTC Non-Compete Rule Blocked: Court Overturns FTC’s Ban on Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas issued a nationwide ruling blocking the implementation of the final Noncompete Rule (the “Final Rule”) announced by the U.S. Federal Trade…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Russell Arouh

Lease Issues - From the Landlord's Perspective

The last year has been a challenging time and it begs the question, from the landlord’s perspective, what have we learned? One thing for sure is that the average lease, a document that seems (for most landlords) to be like that…more

Commercial Leases, Commercial Tenants, Landlords, Leases, Tenants

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Michael Bargar

Do You Get To Keep Your Roth IRA Even if You File Bankruptcy? In Georgia, Yes, Says the Eleventh Circuit

In an issue of first impression, the Eleventh Circuit Court of Appeals has ruled that a Roth IRA is not property of a bankruptcy estate in Georgia. Hoffman v. Signature Bank of Georgia, Case No. 20-12823 (11th Cir. Jan. 24,…more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy, Creditors, Debtors

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J. Tucker Barr

The Pitch - February 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Artists, Athletes, Celebrities, Copyright, Entertainment Industry

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R. Michael Barry

FAQs Continue to Provide Additional Guidance for Providers Evaluating the Retention of CARES Act Provider Relief Funds: The Question of Materiality and the Importance of Recordkeeping and Corporate Documentation

The most common question among providers concerns the retention of CARES Act Provider Relief Funds (the “Relief Funds”) distributed by the Department of Health and Human Services (“HHS”) as part of its initial General…more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Relief Measures

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Robert Belair

D.C. Circuit Vacates and Grants En Banc Review of Decision That Declared CFPB Unconstitutional

In an order on February 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated the panel decision and granted the petition by the Consumer Financial Protection Bureau for an en banc rehearing in PHH…more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, En Banc Review, PHH Corp. v CFPB

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Kevin Bell

I Wish I Knew What I Know Now: Conversations with AGG on FDA Issues - FDA Regulated Natural Products: Leveraging IP and Regulatory Requirements to Maximize Possible Return on Investment

AGG Dietary Supplements team leader Kevin M. Bell and team member Robert Durkin discuss some of the more interesting issues and challenges they have encountered when working with clients to ensure they maximized opportunities to…more

Dietary Supplements, Food and Drug Administration (FDA), IP Portfolio, Natural Products, Regulatory Requirements

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Landen Benson

California Federal District Court Rules That AGG Clients’ Case Against Cigna for Institutional Practice of Under-Reimbursing Healthcare Claims Warrants a Trial on the Merits

U.S. District Court Judge David O. Carter ruled in favor of AGG’s clients on March 18, 2024, in a case involving “matters of widescale public concern” and a strong “public interest in access” to some of Cigna’s most coveted…more

Conflicts of Interest, Employee Retirement Income Security Act (ERISA), Evidence, Health Care Providers, Health Insurance

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David Blank

OIG Issues Split Decision: Travel Assistance Approved, Fertility Support Under Scrutiny

On July 22, 2024, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) issued Advisory Opinion 24-05, evaluating two manufacturer-sponsored assistance programs under the federal Anti-Kickback…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Fertility Treatments, Financial Aid, Life Sciences

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Lanchi Nguyen Bombalier

The Devil’s in the Details: Hospice Providers Face Claim Denials for Election Statement Technicalities

Since the Centers for Medicare & Medicaid Services (“CMS”) paused much of its audit activity during the COVID Public Health Emergency, the most recent rounds of Medicare audit activity may represent the first “look” at the new…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Home Health Care, Hospice, Medicare

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Cristina Reeves Bouton

Strategies for Managing Tenant Problems

Property managers are usually the first point of contact when tenant problems arise. As the facilitator of the landlord and tenant relationship, property managers must take steps to prevent, address and deescalate tenant…more

Landlords, Property Managers, Tenants

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Daniel Bradfield

Standard is Not Always Fair - Six Questions Owners Should Answer Before Entering a Construction Contract

Construction documents, whether for a new building project or for a build out of tenant improvements, can be quite involved and perhaps a little daunting to an owner presented with “standard” American Institute of Architects…more

American Institute of Architects, Construction Contracts, Construction Disputes, Construction Industry, Contractors

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Meredith Bradshaw

SCOTUS Alert: Muldrow Moves the Title VII Bar

On April 17, 2024, the Supreme Court of the United States ruled in Muldrow v. St. Louis that Title VII of the Civil Rights Act prohibits discriminatory job transfers, even if the harm is not “significant.”…more

Civil Rights Act, Employee Transfers, Employment Litigation, Lateral Transfers, Muldrow v City of St Louis

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Leah Braukman

AGG Talks: Cross-Border Business - Navigating Inbound Franchising in the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by Erica Tokar and Leah Braukman, attorneys in AGG’s Corporate practice, to discuss inbound franchising of…more

Attorney General, Cross-Border Transactions, Franchises, Securities and Exchange Commission (SEC), State Attorneys General

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Chelsea Brewer

News from AGG's Retail industry Team - Winter Edition

How much is that Facebook page worth to your Business? At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little…more

Accessibility Rules, Americans with Disabilities Act (ADA), Facebook, Landlords, Pop-Up Stores

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Jason Bring

What the Supreme Court’s Loper Decision Means for the Affordable Housing Industry

Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five years…more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Affordable Housing, Chevron Deference

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Joseph Brock

News from AGG's Retail Industry Team - Summer Edition

Enforceability of Electronic Agreements in Real Estate Transactions - Increasingly, and not surprisingly, more and more transactions are being created, negotiated, finalized and executed electronically. From a real estate…more

Commercial Leases, Electronic Agreements, Landlords, Real Estate Market, Rent

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Matthew Brohm

New York Passes Law Targeting Healthcare Transactions

On May 3, 2023, New York Governor Kathy Hochul signed into law (the “New Law”) a bill that requires certain “health care entities” to disclose proposed “material transactions” to the New York State Department of Health (“DOH”)…more

Health Care Providers, Healthcare Facilities, New York, Private Equity, Transaction Reporting

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Althea Broughton

Qualified Opportunity Zone Frequently Asked Questions

1. Who Can Invest? U.S. or foreign investors and pass-through entities recognizing U.S. capital gains. 2. What Type of Capital Gain Qualifies? Long term and short term capital gains qualify. …more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

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Garrett Brown

The Pitch - November 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Artificial Intelligence, Artists, Athletes, Celebrities, Copyright

See all updates »

Gene Burd

Fourth Circuit Weighs In on Whether International Commercial Arbitration Panels Are Tribunals

An important question in international commercial arbitrations—whether parties have a statutory means to take discovery in the United States—has been addressed by another U.S. Court of Appeals, paving the way for the Supreme…more

Arbitration, Discovery, Dispute Resolution, International Arbitration

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Michael Burke

AGG Talks: Cross-Border Business Podcast - Episode 18: Navigating U.S. Sanctions and Their Implications for Non-U.S. Individuals and Entities

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International Initiative, is joined by Allison Raley, AGG Emerging Technologies co-chair and Certified Global Sanction Specialist, to analyze U.S…more

Cross-Border Transactions, Economic Sanctions, Emerging Technologies, Emerging Technology Companies, Export Controls

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Orlando Cabrera

AGG's CARES Act Webinar

As we continue to learn more about the Coronavirus Aid, Relief and Economic Security Act (CARES Act), we are committed to sharing our knowledge and understanding of the bill with our clients. In this webinar, we provided a…more

CARES Act, Compliance, Coronavirus/COVID-19, Employee Benefits, FEMA

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Edward Cadagin

DOL Increases Salary Threshold in FLSA Overtime Rule

On April 23, 2024, the U.S. Department of Labor issued a Final Rule, “Defining and Delimiting the Exemptions for Executive, Professional, Outside Sales, and Computer Employees” (the “Final Rule”), that raises the salary…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees, Minimum Salary

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Tenley Carp

Your Next Real Estate Deal Could Require CFIUS Approval

CFIUS Review Might Apply to Your Real Estate Deal - Most real estate professionals do not expect to seek approval from the president of the United States before closing a real estate deal. However, the U.S. Treasury Department’s…more

CFIUS, Consumer Lenders, Foreclosure, Foreign Investment, Foreign Nationals

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Avery Carter

The Pitch - May 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Actors, Artificial Intelligence, Artists, College Athletes, Copyright

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Henry Chalmers

AGG Talks: Background Screening - What is FCRA Preemption, and Why Should You Care?

In this episode, AGG partner and co-chair of the firm’s Background Screening industry team, Henry R. Chalmers, provides insights on the FCRA’s preemption of state laws and why this is relevant to your business and legal…more

Commerce Clause, Credit Reporting Agencies, Fair Credit Reporting Act (FCRA), Preemption, State Law Claims

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Lisa Churvis

OIG Approves Arrangement Regarding Drug Cost Subsidies for Certain Low-Income Medicare Enrollees

The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-07 (the “Opinion”), to a nonprofit tax-exempt grant-making organization…more

Department of Health and Human Services (HHS), Drug Pricing, Healthcare, Medicare, OIG

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Lorelei Cisne

Public Company Disclosure Considerations During the COVID-19 Pandemic

As public companies coordinate their response to the economic crisis caused by the coronavirus (COVID-19) pandemic, management should not lose sight of their obligation to continue to comply with SEC and stock exchange rules…more

Coronavirus/COVID-19, Disclosure Requirements, Public Disclosure, Securities and Exchange Commission (SEC)

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Richard Cleland

The Pitch - June 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Advertising, Artificial Intelligence, Asset-Backed Securities, Athletes, College Athletes

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Sherman Cohen

Practical Considerations to Prepare for the Implementation of the Corporate Transparency Act

This is the second installment in our ongoing series of client alerts on the Corporate Transparency Act (the “CTA”). The previous client alert in this series discussed the reporting requirements of the CTA, which will go into…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Regulatory Requirements, Reporting Requirements

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Marissa Coleman

A Summary of Housing Related Provisions in the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) is designed to help address the nation’s efforts to mitigate the economic effects of COVID-19. The CARES Act was signed into law on Friday, March 27,…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Forbearance Agreements, Foreclosure

See all updates »

Richard Collins

AGG Talks: Healthcare Insights Podcast - Episode 4: What to Do When Insurance Companies Deny Behavioral Health Claims

In this episode, AGG Healthcare Litigation co-chair Jason Bring is joined by AGG Healthcare Litigation partners Rich Collins and Damon Eisenbrey to discuss what you can do when insurance companies deny behavioral health claims…more

Denial of Benefits, Denial of Insurance Coverage, Health Care Providers, Health Insurance, Healthcare Facilities

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Jacqueline Cooney

AGG Talks: Women in Tech Law Podcast - Episode 3: Cybersecurity and FCA Compliance: Essential Insights for Tech Leaders

In this episode, AGG Women in Tech Law attorneys Jackie Cooney, Allison Raley, and Sara Lord explore the complexities of the False Claims Act ("FCA") and its recent application to cybersecurity. They provide a comprehensive…more

Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Women in the Law

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L. Carter Cornick

Over-the-Counter (OTC) Monograph Reform Momentum Strong in 2019: Federal Legislation Update in the New 116th Congress

Recent developments in Congress deserve the attention of companies with over-the-counter drug products. Major legislation addressing comprehensive reform of the OTC drug monograph process, which nearly passed last year, has been…more

Food and Drug Administration (FDA), Over The Counter Drugs (OTC), Over-the-Counter Sales, Pharmaceutical Industry

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Kevin Coy

New SEC Cybersecurity Rules Are Here: What Should Companies Be Doing to Comply?

SEC Cybersecurity Rule Fact Sheet What Is the New Rule? In late July 2023, the SEC adopted new rules that will require publicly traded companies to: disclose cybersecurity incidents within four business days of determining…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

See all updates »

Aaron Danzig

Government Investigations Team Insights - July 2024

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has…more

Administrative Authority, Administrative Law Judge (ALJ), Artificial Intelligence, Drug Trafficking, Expert Testimony

See all updates »

Elizabeth Davis

FDA Announces End of Sales of PFAS Used in U.S. Food Packaging

The U.S. Food and Drug Administration (“FDA”) recently announced that grease-proofing substances containing per and poly-fluoroalkyl substances (“PFAS”) are no longer being sold by manufacturers for food contact use in the U.S…more

Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Manufacturers, PFAS

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Michelle Davis

AGG Talks: Women in Tech Law Podcast - Episode 2: Legal and Compliance Strategies for Healthcare Providers Navigating the AI Frontier

In this episode, AGG Women in Tech Law attorneys Jackie Cooney, Madison Pool, and Michelle Davis discuss the intersection of AI and healthcare, focusing on how providers can effectively deploy AI tools while navigating the…more

Artificial Intelligence, Career Development, Firm Leadership, Health Care Providers, Professional Development

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Rebecca Davis

AGG Talks: Cross-Border Business Podcast - Episode 16: The Political and Legal Maze of ESG in the U.S. and Abroad

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International Initiative, is joined by Rebecca Davis and Caroline Magee, leaders of AGG’s ESG team, to unpack the challenges and opportunities of…more

Board of Directors, Corporate Governance, Cross-Border Transactions, Environmental Social & Governance (ESG)

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Anuj Desai

AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.

In this episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s International Initiative, is joined by Anuj Desai, AGG Intellectual Property partner and head of Trademarks, to discuss the steps non-U.S. companies…more

Foreign Corporations, Intellectual Property Protection, Trademark Application, Trademark Infringement, Trademark Litigation

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Brooke Frankel Dickerson

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:…more

ASTM, CERCLA, Contaminated Properties, Environmental Liability, Environmental Policies

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Laura Dona

Rock You Like a Migraine: OPDP Issues Notice of Violation for Misleading Representations in TV Ad That Promoted Popular Migraine Medication

In 1984, the international rock band, The Scorpions, released the song, “Rock You Like a Hurricane.” Forty years later, the Food and Drug Administration’s Office of Prescription Drug Promotion rocked a pharmaceutical company…more

Advertising, Food and Drug Administration (FDA), Life Sciences, Marketing, Misleading Impressions

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Stephen Dorvee

Preparing for Litigation in the U.S.

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S. market…more

Business Development, Corporate Counsel, Discovery, Foreign Corporations, Litigation Fees & Costs

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Jennifer Downs Burgar

Changing With the Times: OIG’s New “General Compliance Program Guidance” Expands Focus to New Industry Stakeholders and Updates OIG’s Expectations for Compliance Programs

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) recently published a new resource titled General Compliance Program Guidance (“GCPG”), which is described as a reference guide for the…more

Compliance, Health Care Providers, Healthcare Facilities, Hospitals, OIG

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Erin Doyle

CFPB Proposes a Rule on Personal Financial Data Rights

The fourth quarter of 2023 has seen significant proposed rulemaking from regulators. Just over a week after the Federal Trade Commission issued its Notice of Proposed Rulemaking on its “junk fees” rule, the Consumer Financial…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Privacy Rights, Data Privacy, Data Protection

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Bartow Duncan III

News from AGG's Retail Industry Team - Summer Edition

Title III of the Americans with Disabilities Act (ADA) provides “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,…more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, Commercial Leases, E-Commerce, Foreclosure

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Robert Durkin

Magic’s in the Makeup: FDA Modernizes Cosmetic Product Labeling Requirements

“Can’t be good for my health,” a song lyric from Gwen Stefani and No Doubt’s early 2000s single, “Magic’s in the Makeup,” comes to mind when we think of the Food and Drug Administration’s possible motives for recent developments…more

Cosmetics, Disclosure Requirements, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health and Safety

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Jonathan Eady

Qualified Opportunity Zone Frequently Asked Questions

1. Who Can Invest? U.S. or foreign investors and pass-through entities recognizing U.S. capital gains. 2. What Type of Capital Gain Qualifies? Long term and short term capital gains qualify. …more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

See all updates »

Damon Eisenbrey

AGG Talks: Healthcare Insights Podcast - Episode 4: What to Do When Insurance Companies Deny Behavioral Health Claims

In this episode, AGG Healthcare Litigation co-chair Jason Bring is joined by AGG Healthcare Litigation partners Rich Collins and Damon Eisenbrey to discuss what you can do when insurance companies deny behavioral health claims…more

Denial of Benefits, Denial of Insurance Coverage, Health Care Providers, Health Insurance, Healthcare Facilities

See all updates »

David Felt

Legal Issues Business Leaders Need to Know in 2018

In recent years, the CFPB has struck fear into the C-suites of financial services companies. The agency was extraordinarily active in rulemaking that addresses every aspect of lending, prepaid cards and arbitration clauses in…more

Civil Investigation Demand, Consumer Financial Protection Bureau (CFPB), Cybersecurity, Department of Labor (DOL), Employer Liability Issues

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Scott Fisher

Qualified Opportunity Zone Frequently Asked Questions

1. Who Can Invest? U.S. or foreign investors and pass-through entities recognizing U.S. capital gains. 2. What Type of Capital Gain Qualifies? Long term and short term capital gains qualify. …more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

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Alexander Foster

Proposed Legislation Focuses on Private Equity and REITs in Healthcare

Efforts to draw attention to and, in some instances, dissuade private equity investment in healthcare have been on the rise. For example, in late 2023, the Centers for Medicare & Medicaid Services finalized a rule increasing…more

Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Department of Health and Human Services (HHS), Healthcare, Investment

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Stephen Fox

Public Company Disclosure Considerations During the COVID-19 Pandemic

As public companies coordinate their response to the economic crisis caused by the coronavirus (COVID-19) pandemic, management should not lose sight of their obligation to continue to comply with SEC and stock exchange rules…more

Coronavirus/COVID-19, Disclosure Requirements, Public Disclosure, Securities and Exchange Commission (SEC)

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Jeff Friedman

SBA’s “October Surprise” Forces PPP Borrowers and Lenders to Complete Loan Forgiveness and Establish Escrow Accounts to Circumvent SBA Prior Approval for Most “Change of Ownership” Deals

In a significant development for the mergers and acquisitions (“M&A”) community, the U.S. Small Business Administration (“SBA”) issued a “Procedural Notice” which affects the requirement for companies involved in the buying or…more

Borrowers, Change of Ownership, Lenders, Loan Forgiveness, Loans

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Gregory Gaylis

Ohio’s New Residential Care Facility Rules: Important Updates on Changes in Ownership and Control From a Licensure Perspective

Effective July 12, 2024, the Ohio Department of Health (“ODH”) promulgated new rules and regulations for residential care facilities (“RCFs”), also known as assisted living facilities. These rules, set forth in the Ohio…more

Assisted Living Facilities (ALFs), Change of Ownership, Health Care Providers, Healthcare, Healthcare Facilities

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Neil Gordon

Restructuring Roundup - November 2021

Industry News - Elon Musk Tells SpaceX Employees That Starship Engine Crisis Is Creating a ‘Risk of Bankruptcy'... Aeroméxico files Amended Plan of Reorganization..…more

Bankruptcy Court, Boy Scouts, Chapter 11, Commercial Bankruptcy, Elon Musk

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Kara Gordon Silverman

Government Investigations Team Insights - July 2024

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has…more

Administrative Authority, Administrative Law Judge (ALJ), Artificial Intelligence, Drug Trafficking, Expert Testimony

See all updates »

Joel Gossner

Stop, Collaborate and Listen (to Four Things About Collaboration Agreements)

A key part of the life sciences ecosystem, collaboration agreements help make expensive innovation possible. When they’re well-drafted, they can help collaborating parties pool their resources to more efficiently turn ideas into…more

Collaboration, Corporate Finance, Corporate Governance, Licensees

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Jessica Tobin Grozine

UPDATE: CMS Finalizes Rule Requiring Greater SNF Ownership Transparency, Including Private Equity and REIT Disclosures, and Updates Form CMS-855A

The Centers for Medicare & Medicaid Services (“CMS”) released a final rule on November 15, 2023 (published on November 17, 2023) (the “Rule”), requiring greater skilled nursing facility (“SNF”) ownership transparency. The Rule…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Corporate Transparency Act, Disclosure Requirements

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Morgan Harrison

Business Email Compromise Fraud: Should the Party Best Positioned to Avoid the Fraud Bear the Loss?

Business email compromise (“BEC”) occurs when a payee’s business email account is compromised or impersonated. The threat actor, posing as the payee or its representative (e.g., the head of the accounting department), sends…more

Cyber Crimes, Cyber Threats, Email, FinTech, Fraud

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Kathryn Baldwin Hecker

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

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Glenn Hendrix

PPP Loan Prosecutions Appear to Be in the Technical Non-Compliance Phase

On March 27, 2020, the CARES Act was signed into law to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic, including in the form of forgivable loans to small…more

CARES Act, Compliance, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA)

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Matthew Higgins

Update on Potential Tax Changes

Facing procedural challenges and continued pushback from certain Democrats, last Thursday, December 16, 2021, the Biden Administration announced that negotiations relating to the “Build Back Better Act” will continue into 2022…more

Biden Administration, Legislative Agendas

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Jennifer Hilliard

CMS Issues Final Rule Mandating New Minimum Staffing Standards for Long-Term Care Facilities

On April 22, 2024, The Centers for Medicare & Medicaid Services (“CMS”) issued the “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Workers, Long Term Care Facilities, Medicaid

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David Hobson

Contractual Provisions Can Aid in the Recovery of Attorney’s Fees, But Consider the Unintended Consequences

Although the “American Rule” provides that each side pay its own attorneys’ fees, if your dispute arises from a contractual relationship, a “prevailing party” provision or indemnification clause may obligate one of the parties…more

American Rule, Attorney's Fees, Frivolous Lawsuits, Indemnification Clauses, Prevailing Party

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Dorothea Hockel

UPDATE: Gesetz zur Modernisierung des deutschen Staatsangehörigkeitsrechts

Das vom Deutschen Bundestag beschlossene Gesetz zur Modernisierung des Staatsangehörigkeitsrechts (StARModG) wurde am 26. März 2024 im Bundesgesetzblatt verkündet. In seinen wesentlichen Teilen tritt das Gesetz drei Monate nach…more

Citizenship, Dual Citizenship, Foreign Nationals, Germany, Immigration Procedures

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Neil Hoffman Ph.D.

OIG Determines That Providing Free Hearing Aids to Bimodal-Hearing Candidates Implicates the Anti-Kickback Statute and Beneficiary Inducements CMP

On October 20, 2023, the Office of Inspector General of the Department of Health and Human Services (“OIG”) issued an unfavorable Advisory Opinion No. 23-08 to a supplier of cochlear implants coupled with external sound…more

Ambulatory Surgery Centers, Anti-Kickback Statute, Compliance, Department of Health and Human Services (HHS), Health Care Providers

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Alan Horowitz

AGG Talks: Healthcare Insights Podcast - Episode 6: Charting the Future of Nursing Home Staffing

In this episode, AGG Healthcare attorneys Lisa Churvis and Alan Horowitz discuss critical aspects of nursing home staffing requirements. Lisa and Alan delve into the implications of recent legislative proposals and regulatory…more

Assisted Living Facilities (ALFs), Elder Care, Elder Issues, Health Care Providers, Healthcare Facilities

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Damian Hovancik

IRS Notice 2020-23 Provides Limited Relief for Affordable Housing Projects

The IRS recently released Notice 2020-23 which gives affordable housing partnerships (an “Affected Taxpayer”) the ability to postpone certain “time- sensitive acts” that are listed at Section 15 of Revenue Procedure 2018-58. …more

Affordable Housing, IRS, Relief Measures, Revenue Procedures

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Lindsey Hughes

The DOL Reverses Course (Yet Again) on Independent Contractors: The New Proposed Rule on the Test for FLSA Independent Contractor Status

On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule revising its guidance on classifying workers as independent contractors for purposes of the Fair Labor Standards Act (“FLSA”). This proposed rule…more

Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA), Independent Contractors

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Jeremy Hunt

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

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Christian Husby

IRS Issues Third Warning on Employee Retention Credit Claims

On March 7, 2023, the IRS issued a third warning urging employers to be wary of promoters who push ineligible employers to claim the Employee Retention Credit (“ERC”). The IRS issued its first warning on October 19, 2022, and a…more

Employee Retention, IRS, Tax Credits

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Jeffrey Jacobovitz

AGG Talks: Antitrust and White-Collar Crime Roundup Podcast - Episode 9: Exploring the DA’s Proof, Michael Cohen’s Cross-Examination, and Jury Scenarios in Trump’s Election Interference Trial

In this episode, Jeff Jacobovitz, AGG trial attorney, adjunct law professor at AU-WCL (Criminal Antitrust), and chair of the firm’s Antitrust group, continues conversations on former President Donald Trump’s election…more

Congressional Investigations & Hearings, Criminal Prosecution, Cross Examination, District Attorneys, Donald Trump

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Emily Jewell

March 2024 Employment Updates: New DOL Independent Contractor Rule Goes Into Effect, While NLRB Joint Employer Rule Vacated at the Eleventh Hour

On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the…more

Department of Labor (DOL), Economic Realities Test, Employee Benefits, Employee Definition, Employees

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Theresa Kananen

Injunction Junction: Judicial Challenges to New Employment Rules

April 2024 saw a whirlwind of activity on the employment front as executive federal agencies issued a wave of new rules. On April 15, 2024, Equal Employment Opportunity Commission (“EEOC”) announced its final rule implementing…more

Department of Labor (DOL), Employer Liability Issues, Employer Responsibilities, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Ashley Steiner Kelly

FTC Non-Compete Rule Blocked: Court Overturns FTC’s Ban on Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas issued a nationwide ruling blocking the implementation of the final Noncompete Rule (the “Final Rule”) announced by the U.S. Federal Trade…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Thomas Kelly

North Carolina Proposes Major Reform to the CCRC Act

As the North Carolina General Assembly prepares for its short session beginning April 24, 2024, one of the focal points will be Senate Bill 145 (House Bill 170), the Continuing Care Retirement Communities Act (the “Act”), which…more

Assisted Living Facilities (ALFs), Health Care Providers, Long Term Care Facilities, Long-Term Care, North Carolina

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William Kitchens

AGG Food & Drug Newsletter - December 2015

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC…more

Centers for Medicare & Medicaid Services (CMS), DMEPOS, First Amendment, Food and Drug Administration (FDA), Investigational New Drug Application (IND)

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Sean Kulka

The Benefits of Subchapter V — But Are You Guaranteed To Stay?

Benefits of Subchapter V - On August 23, 2019, Congress enacted the Small Business Reorganization Act of 2019 (“SBRA”), which became effective on February 19, 2020, creating Subchapter V of Chapter 11 of the Bankruptcy Code (11…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors, Small Business

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Darryl Scott Laddin

Restructuring Roundup - August 2024

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains original…more

Chapter 11, Commercial Bankruptcy, Debt Restructuring, Financial Distress, Hospitals

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Matthew Lavin

The Mental Health Matters Act Advances in the House

As the nation continues to face a mental health crisis, the U.S. House of Representatives recently passed H.R. 7780, the Mental Health Matters Act of 2022, advancing the bill to the U.S. Senate on a vote of 220-205. The bill…more

Benefit Plan Sponsors, Department of Labor (DOL), EBSA, Employee Benefits, Health Care Providers

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Bertram Levy

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

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Jeffrey Lewis

Georgia Court of Appeals’ Opinion Threatens Construction Warranties Lasting Longer than 8 Years

A recent Georgia Court of Appeals’ opinion applying Georgia’s construction statute of repose (O.C.G.A. § 9-3-51(a)) to contract claims and express warranty claims could threaten construction warranties lasting longer than eight…more

Construction Industry, Contractors, Warranties

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Lauren Light

Public Company Disclosure Considerations During the COVID-19 Pandemic

As public companies coordinate their response to the economic crisis caused by the coronavirus (COVID-19) pandemic, management should not lose sight of their obligation to continue to comply with SEC and stock exchange rules…more

Coronavirus/COVID-19, Disclosure Requirements, Public Disclosure, Securities and Exchange Commission (SEC)

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Lindsey Locke

U.S. District Court Does Not Prevent Department of Labor’s New Overtime Rule From Taking Effect (For Most) (For Now)

As widely covered, the United States Department of Labor (“DOL”), in April 2024, issued a new rule that increased the salary thresholds for the overtime exemptions for executive, administrative, and professional (“EAP”)…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Minimum Salary

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Sara Lord

AGG Talks: Women in Tech Law Podcast - Episode 3: Cybersecurity and FCA Compliance: Essential Insights for Tech Leaders

In this episode, AGG Women in Tech Law attorneys Jackie Cooney, Allison Raley, and Sara Lord explore the complexities of the False Claims Act ("FCA") and its recent application to cybersecurity. They provide a comprehensive…more

Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Women in the Law

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Caroline Magee

Your Next Real Estate Deal Could Require CFIUS Approval

CFIUS Review Might Apply to Your Real Estate Deal - Most real estate professionals do not expect to seek approval from the president of the United States before closing a real estate deal. However, the U.S. Treasury Department’s…more

CFIUS, Consumer Lenders, Foreclosure, Foreign Investment, Foreign Nationals

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David Marmins

[Webinar] Cosmetics and PFAS: Wave of “Forever Chemical” Litigation Reaches the Shores of Makeup Manufacturers - October 12th, 2:00 pm - 3:00 pm EDT

Please join AGG litigators David J. Marmins and Morgan E. M. Harrison and AGG Food & Drug practice team leader Alan G. Minsk for a complimentary webinar addressing the recent spate of litigation against cosmetic companies over…more

Biden Administration, Continuing Legal Education, Cosmetics, Environmental Protection Agency (EPA), Manufacturer Liability

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Edward Marshall

Business Email Compromise Fraud: Should the Party Best Positioned to Avoid the Fraud Bear the Loss?

Business email compromise (“BEC”) occurs when a payee’s business email account is compromised or impersonated. The threat actor, posing as the payee or its representative (e.g., the head of the accounting department), sends…more

Cyber Crimes, Cyber Threats, Email, FinTech, Fraud

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William Matthews

Delaware Bankruptcy Court Decision Highlights Potential Defenses to Equitable Subordination Claim

On March 25, 2022, the United States Bankruptcy Court for the District of Delaware dismissed a complaint filed against a lender and other entities. An individual (and others) formerly in control of the bankrupt companies sued…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Equitable Subordination, Motion to Dismiss

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Chesley McLeod

Ninth Circuit Publishes New Opinion Regarding Healthcare Provider Assignments and Reinforcing Broad Standing to Bring Suit Against Payors

On January 10, 2024, the United States Court of Appeals for the Ninth Circuit published an opinion in the matter of South Coast Specialty Surgery Center, Inc., v. Blue Cross of California, which resolidified the Ninth Circuit’s…more

Health Care Providers, Health Insurance, Healthcare, Medical Reimbursement, Payor Contracts

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Charmaine Mech

AGG Talks: Home Health & Hospice Podcast - Episode 5: Understanding Palliative Care: Strategies for Compliance and Reimbursement

In this episode, AGG Post-Acute & Long-Term Care co-chair Jason Bring is joined by AGG Healthcare attorney Charmaine Mech to discuss the latest developments in the palliative care industry across the country. Jason and Charmaine…more

Anti-Kickback Statute, Health Care Providers, Home Health Agencies, Home Health Care, Hospice

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Montserrat Miller

Federal Government’s “Ban the Box” Policy in Effect

The federal government is the latest employer to adopt fair chance hiring requirements for certain parts of its workforce and contractors. The goal being to assist qualified workers with a criminal history to compete for…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Alan Minsk

Rock You Like a Migraine: OPDP Issues Notice of Violation for Misleading Representations in TV Ad That Promoted Popular Migraine Medication

In 1984, the international rock band, The Scorpions, released the song, “Rock You Like a Hurricane.” Forty years later, the Food and Drug Administration’s Office of Prescription Drug Promotion rocked a pharmaceutical company…more

Advertising, Food and Drug Administration (FDA), Life Sciences, Marketing, Misleading Impressions

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Megan Mitchell

FTC Non-Compete Rule Blocked: Court Overturns FTC’s Ban on Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas issued a nationwide ruling blocking the implementation of the final Noncompete Rule (the “Final Rule”) announced by the U.S. Federal Trade…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Richard Mitchell

Texas Two-Step: Court Makes First Move Toward Blocking FTC Non-Compete Ban

On July 3, 2024, in Ryan LLC et al. v. Federal Trade Commission, the United States District Court for the Northern District of Texas issued a much-anticipated ruling on the final Noncompete Rule (the “Final Rule”) announced by…more

Administrative Procedure Act, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Aaron Modiano

The Mental Health Matters Act Advances in the House

As the nation continues to face a mental health crisis, the U.S. House of Representatives recently passed H.R. 7780, the Mental Health Matters Act of 2022, advancing the bill to the U.S. Senate on a vote of 220-205. The bill…more

Benefit Plan Sponsors, Department of Labor (DOL), EBSA, Employee Benefits, Health Care Providers

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Beth Moore

The Pitch - August 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Antitrust Litigation, Artificial Intelligence, Artists, Athletes, Cease and Desist

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Ansly Moyer

AGG Talks: Cross-Border Business - Economic Incentives for Foreign Companies Entering the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by AGG Economic Development & Public Finance attorneys Andrew Schutt and Ansly Moyer to discuss economic…more

Business Entities, Business Formation, Corporate Governance, Economic Development, Foreign Corporations

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Paula Nagarajan

The Pitch - March 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Amazon, Apple, Artificial Intelligence, Artists, Athletes

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Jonathan Neville

Strategies for Negotiating with a Franchisee and Franchisor

AGG’s Retail Industry Team is pleased to present you with the next installment of “AGG Retail Minute or Two,” a series of short videos by our team members on a topic of interest in our industry. In this video, AGG Partner Jon…more

Commercial Leases, Commercial Tenants, Franchise Agreements, Franchises, Franchisors

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T. Chase Ogletree

The Pitch - March 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Amazon, Apple, Artificial Intelligence, Artists, Athletes

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Matthias Ohm

UPDATE: Gesetz zur Modernisierung des deutschen Staatsangehörigkeitsrechts

Das vom Deutschen Bundestag beschlossene Gesetz zur Modernisierung des Staatsangehörigkeitsrechts (StARModG) wurde am 26. März 2024 im Bundesgesetzblatt verkündet. In seinen wesentlichen Teilen tritt das Gesetz drei Monate nach…more

Citizenship, Dual Citizenship, Foreign Nationals, Germany, Immigration Procedures

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William Olsen

“Modernized” and “Improved” Systems and Processes: How the Anti-Money Laundering Act of 2020 Changes the Landscape for Government Investigations

With bipartisan support and overriding (for the first and only time during the Trump presidency) a presidential veto, Congress passed the National Defense Authorization Act (“NDAA”) on January 1, 2021.1 As part of the NDAA,…more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Financial Institutions, FinCEN

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Richard Oparil

Amazon Issues New Requirements for Dietary Supplements Sold on Its Site – At Least One Will Be Problematic

In a move that some in the natural product space have been asking for, Amazon has begun the process of implementing new requirements for selling dietary supplements on its online platform…more

Amazon, Dietary Supplements, Labeling, Marketing, Online Platforms

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Nick Passarello

Understanding the Upcoming Shift to “Hardwired” LIBOR Replacement Provisions in Bilateral Business Loan Documents

By the end of October 2020, lenders should begin adopting a “hardwired” approach to replacing the benchmark interest rate for new loan originations with LIBOR-based interest rates. That’s according to the updated ARRC…more

Alternative Reference Rates Committee (ARRC), Banking Sector, Benchmarks, Interest Rates, Libor

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Hanish Patel

The Pitch - March 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Amazon, Apple, Artificial Intelligence, Artists, Athletes

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Henry Perlowski

FTC Non-Compete Rule Blocked: Court Overturns FTC’s Ban on Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas issued a nationwide ruling blocking the implementation of the final Noncompete Rule (the “Final Rule”) announced by the U.S. Federal Trade…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Mindy Planer

The Main Street Lending Program: Which Small and Mid-Sized Businesses Are Eligible?

The Federal Reserve continues to make major changes to the Main Street Lending Program (the “Program”), a brand-new, multi-facility $600 billion lending program designed to make additional credit available to small and mid-sized…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Landlords, Main Street Expanded Loan Facility

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Suzanne Tucker Plybon

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

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Stephen Pocalyko

U.S. State Department Announces New Guidance on National Interest Exceptions to U.S. Travel Ban

We are happy to announce that, on August 12, 2020, the U.S. State Department provided important guidance on U.S. travel that may qualify for a National Interest Exception to recent Presidential Proclamation 10052 (P.P. 10052)…more

Foreign Nationals, H-1B, National Interest Waiver, Presidential Proclamations, Travel Ban

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Madison Pool

OCR Announces Latest in Right of Access Enforcement Actions With Imposition of Civil Monetary Penalty

On August 1, 2024, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced the imposition of a civil monetary penalty (“CMP”) of $115,200 collected against American Medical Response (“AMR”), a…more

Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Allison Raley

AGG Talks: Women in Tech Law Podcast - Episode 3: Cybersecurity and FCA Compliance: Essential Insights for Tech Leaders

In this episode, AGG Women in Tech Law attorneys Jackie Cooney, Allison Raley, and Sara Lord explore the complexities of the False Claims Act ("FCA") and its recent application to cybersecurity. They provide a comprehensive…more

Cybersecurity, Department of Justice (DOJ), False Claims Act (FCA), Women in the Law

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W. Jerad Rissler

Healthcare Authority Newsletter - September 2024 #1

News Briefs - HHS Drops Appeal of Court's Ruling in Hospital Web Tracking Case - The Department of Health and Human Services is dropping its appeal of a June U.S. District Court ruling that vacated the government's restriction…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Food and Drug Administration (FDA), Health Care Providers

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Barbara Rogers

Supreme Court Rules in Favor of Hospitals in HHS DSH Payment Dispute

On June 3, 2019, the Supreme Court of the United States (SCOTUS) issued an opinion in Azar v. Allina Health Services whereby it ruled that the United States Department of Health and Human Services (HHS) violated the Medicare Act…more

Administrative Procedure Act, Azar v Allina Health Services, Department of Health and Human Services (HHS), Hospitals, Low-Income Issues

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Hedy Silver Rubinger

Proposed Legislation Focuses on Private Equity and REITs in Healthcare

Efforts to draw attention to and, in some instances, dissuade private equity investment in healthcare have been on the rise. For example, in late 2023, the Centers for Medicare & Medicaid Services finalized a rule increasing…more

Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Department of Health and Human Services (HHS), Healthcare, Investment

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Abe Schear

How Detailed Site Plans and Letters of Intent Can Streamline Your Lease Negotiations

As leases get more complicated and less standardized, and with properties rarely conforming from one to another, there are two documents that can hasten the successful negotiation process and achieve a document that can best…more

Commercial Leases, Commercial Tenants, Contract Negotiations, Landlords, Rental Property

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Andrew Schutt

AGG Talks: Cross-Border Business - Economic Incentives for Foreign Companies Entering the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by AGG Economic Development & Public Finance attorneys Andrew Schutt and Ansly Moyer to discuss economic…more

Business Entities, Business Formation, Corporate Governance, Economic Development, Foreign Corporations

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Jennifer Shelfer

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters “BLM”—…more

Black Lives Matter, Dispute Resolution, Employees, Employer Liability Issues, Employment Litigation

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Scott Shuman

Supreme Court Victory for Brick and Mortar

The Supreme Court of the United States issued a landmark decision allowing states to tax online purchases even when the seller has no physical presence in the state where the transaction occurs. This victory for brick and mortar…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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Andrew Siegel

Six Points That Any Buyer of Student Housing Should Consider

Student housing is attractive to investors, especially at much sought-after universities with growing enrollments. Unlike a traditional multifamily transaction, a student housing deal places great importance not only on the…more

Buyers, Colleges, Condition Precedent, Housing Market, Leases

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Teri Simmons

UPDATE: Gesetz zur Modernisierung des deutschen Staatsangehörigkeitsrechts

Das vom Deutschen Bundestag beschlossene Gesetz zur Modernisierung des Staatsangehörigkeitsrechts (StARModG) wurde am 26. März 2024 im Bundesgesetzblatt verkündet. In seinen wesentlichen Teilen tritt das Gesetz drei Monate nach…more

Citizenship, Dual Citizenship, Foreign Nationals, Germany, Immigration Procedures

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Priya Sinha

CMS Issues Final Rule Mandating New Minimum Staffing Standards for Long-Term Care Facilities

On April 22, 2024, The Centers for Medicare & Medicaid Services (“CMS”) issued the “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Workers, Long Term Care Facilities, Medicaid

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Philip Skinner

AGG's Global Commerce Team Insights - July 2019

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S. market…more

Civil Monetary Penalty, Inflation Adjustments, Penalties, Real Estate Investments, Trademarks

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Douglas Smith

COBRA Subsidy Requirements Under the American Rescue Plan Act of 2021

Among many other pandemic relief provisions, the recently enacted American Rescue Plan Act of 2021 (“ARPA”) includes provisions for certain (a) COBRA subsidies, (b) extended COBRA election periods, and (c) related notice…more

American Rescue Plan Act of 2021, Benefit Plan Sponsors, COBRA, Employee Benefits, Employer Group Health Plans

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Jay Solomon

How International Companies Approach Talent Shortages in the Southeast Recap

Finding workers was the focus of a recent Workforce Symposium sponsored by Tula Executive Search, Arnall Golden Gregory LLP, and Advantage Austria. The topic was how international companies approach talent shortages…more

Labor Commissioners, Labor Shortage, Visas

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Tycho Stahl

AGG's Global Commerce Team Insights - July 2019

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S. market…more

Civil Monetary Penalty, Inflation Adjustments, Penalties, Real Estate Investments, Trademarks

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Sarah Steputis

Georgia Licensing Now Requiring Affidavit of Financial Stability in Support of Initial and Change of Ownership Applications

In response to media reports regarding alleged deficient practices in some of Georgia’s long-term care facilities, House Bill 987 (“HB 987”) was signed into law on June 30, 2020, amending Title 31 of the O.C.G.A…more

Affidavits, Assisted Living Facilities (ALFs), Change of Ownership, Georgia, Healthcare

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Andrew Stevens

Sixth Circuit Holds That Federal Four-Year Statute of Limitations Applies to Disability Discrimination Claims under Section 1557 of the ACA

In the face of tragic allegations, the Sixth Circuit has held that a patient’s disability discrimination claim against a hospital is not timed barred by the Rehabilitation Act, which borrows a state’s applicable statute of…more

Affordable Care Act, Bodily Injury, Disability Discrimination, Health Care Providers, Healthcare

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Brian Stimson

What the Supreme Court’s Loper Decision Means for the Affordable Housing Industry

Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five years…more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Affordable Housing, Chevron Deference

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Felix Swierski IV

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

Brian Teras

New SEC Cybersecurity Rules Are Here: What Should Companies Be Doing to Comply?

SEC Cybersecurity Rule Fact Sheet What Is the New Rule? In late July 2023, the SEC adopted new rules that will require publicly traded companies to: disclose cybersecurity incidents within four business days of determining…more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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Erica Tokar

AGG Talks: Cross-Border Business - Navigating Inbound Franchising in the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by Erica Tokar and Leah Braukman, attorneys in AGG’s Corporate practice, to discuss inbound franchising of…more

Attorney General, Cross-Border Transactions, Franchises, Securities and Exchange Commission (SEC), State Attorneys General

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Nicholas Tsimortos

What the Supreme Court’s Loper Decision Means for the Affordable Housing Industry

Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five years…more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Affordable Housing, Chevron Deference

See all updates »

Michael Van Cise

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

Jeremy Ware

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

Kadeja Watts

North Carolina Proposes Major Reform to the CCRC Act

As the North Carolina General Assembly prepares for its short session beginning April 24, 2024, one of the focal points will be Senate Bill 145 (House Bill 170), the Continuing Care Retirement Communities Act (the “Act”), which…more

Assisted Living Facilities (ALFs), Health Care Providers, Long Term Care Facilities, Long-Term Care, North Carolina

See all updates »

Nicole Wemhoff

HHS and GSA Release New Guidance to Increase Naloxone Access in Federal Facilities

On December 21, 2023, the U.S. Department of Health and Human Services (“HHS”) and the U.S. General Services Administration (“GSA”) announced the release of updated guidelines for safety stations in federal facilities…more

Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), General Services Administration (GSA), Opioid, Regulatory Oversight

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Frank White

Don’t Rock the Vote, Baby: 11th Circuit Confirms That Materially Adverse Ch. 11 Plan Modifications Require a New Disclosure Statement and Resolicitation of Voting on the Plan By Affected Interest Holders

In a detailed and emphatic ruling on January 5, 2023, the U.S. Court of Appeals for the 11th Circuit made it clear that if a pending Chapter 11 plan, after initial plan solicitation and voting by creditors, is modified in any…more

Bankruptcy Court, Chapter 11, Corporate Counsel, Creditors, Debt Restructuring

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Tyson Willis

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for…more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

J. Grant Wilmer Jr.

Update on Potential Tax Changes

Facing procedural challenges and continued pushback from certain Democrats, last Thursday, December 16, 2021, the Biden Administration announced that negotiations relating to the “Build Back Better Act” will continue into 2022…more

Biden Administration, Legislative Agendas

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Matthew Wilson

The Pitch - August 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Antitrust Litigation, Artificial Intelligence, Artists, Athletes, Cease and Desist

See all updates »

Zach Wilson

IRS Issues Third Warning on Employee Retention Credit Claims

On March 7, 2023, the IRS issued a third warning urging employers to be wary of promoters who push ineligible employers to claim the Employee Retention Credit (“ERC”). The IRS issued its first warning on October 19, 2022, and a…more

Employee Retention, IRS, Tax Credits

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Erin Winn

The Pitch - December 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse…more

Artificial Intelligence, Athletes, Copyright, Copyright Office, Defamation

See all updates »

C. Knox Withers

To Terminate or Not to Terminate: Alternative Lease Remedies and When to Use Them

Most commercial real estate leases afford the landlord multiple remedies to address a tenant’s default. Frequently, such remedies are cumulative, as the landlord may pursue concurrent options. However, two of the most common…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Rent

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Lori Wright

[Webinar] FDA Tries to Keep Up: How FDA and Industry Are Trying to Keep Up With Artificial Intelligence - September 13th, 2:00 pm - 3:00 pm EDT

FDA has cleared or approved hundreds of products that work with artificial intelligence (“AI”) and acknowledges that the agency and industry need help navigating how FDA-regulated products engage with AI. In response to the…more

Artificial Intelligence, Continuing Legal Education, Draft Guidance, FDA Approval, Food and Drug Administration (FDA)

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Matthew Zapadka

An Update on AI and Patent Practice at the USPTO and Abroad

Over the last several months, the United States Patent and Trademark Office (“USPTO”) publicized its attention to the impact of artificial intelligence on U.S. patent practice. On February 6, 2024, the USPTO issued its guidance…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Patent Trial and Appeal Board, Patent-Eligible Subject Matter

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Meicheng Zhu

An Update on AI and Patent Practice at the USPTO and Abroad

Over the last several months, the United States Patent and Trademark Office (“USPTO”) publicized its attention to the impact of artificial intelligence on U.S. patent practice. On February 6, 2024, the USPTO issued its guidance…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Patent Trial and Appeal Board, Patent-Eligible Subject Matter

See all updates »