Mintz Levin

FTC Wins Stay of Pennsylvania Hospital Merger Pending Appeal in Third Circuit

The Third Circuit granted on Tuesday the Federal Trade Commission’s (“FTC”) request for an injunction pending appeal of the proposed merger between Penn State Hershey Medical Center and Pinnacle Health System. The injunction…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Health, Mergers & Acquisitions

The Department of Labor’s 2016 Final Fiduciary and Conflict of Interest Rule: The Best Interest Contract Exemption

Last month the U.S. Department of Labor published a suite of final regulations governing the fiduciary status of, and prescribing conflict of interest rules that apply to, persons who provide investment advice to ERISA-covered…more
| Business Torts, Finance & Banking, Labor & Employment Law, Securities Law

Handling Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule

One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could…more
| Labor & Employment Law

The DOL’s New Overtime Rule: Considerations for California Employers

As we reported earlier, the DOL has now released its final overtime rule. Two of the biggest takeaways are that the new rule (1) greatly increases the minimum salary threshold of the so-called “white collar” exemptions (at least…more
| Labor & Employment Law

Massachusetts Ranks Second and Boston Ranks Seventh in the 2016 U.S. Clean Tech Leadership Index

Last week, Clean Edge published a report titled the “U.S. Clean Tech Leadership Index” (“Index”) that ranked Massachusetts as the second state and Boston as the seventh metro area in the U.S. according to its scoring…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

Federal Court Allows the EEOC to Conduct Investigation on Employer’s Premises Without Employer Consent or a Warrant

Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision, however, may lead to an…more
| Administrative Law, Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law

USDA Increases Cane Sugar Imports to Meet Demand for Non-GE Products

On May 17, 2016, the U.S. Department of Agriculture (“USDA”) announced that it is allowing an additional 200,000 short tons of cane sugar imports to meet food manufacturers’ increasing demand for non-genetically modified sugar…more
| Agriculture, Consumer Protection, Products Liability

Competitors in the Courtroom: When to Exclude a Party’s Designated Representative from Hearing a Competitor’s Trade Secrets

“You sued them. They stay, period.” This is the conclusion a Texas trial court came to when asked to exclude the designated representative of a party from a hearing where an employee of the other party, a direct competitor,…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Intellectual Property, Privacy

Check Your Inbox: OCR Continues to Verify Entity Contact Information for Phase 2 HIPAA Audits

Covered Entities need to continue to check their inboxes for emails from the HHS Office for Civil Rights (“OCR”) requesting verification of contact information in connection with Phase 2 of the HIPAA Audit Program. OCR…more
| Health, Privacy

UPDATE: Subject Matter Eligibility under 35 U.S.C. § 101 – Life Sciences

The United States Patent And Trademark Office (USPTO) issued a memorandum on May 4, 2016 (May 2016 Memo) to the Patent Examining Corps to provide further Examiner instructions relating to subject matter eligibility under 35…more
| Intellectual Property, Science, Computers, & Technology

Employee Non-compete Bill Advancing in Legislature

Legislation limiting employee non-compete agreements in Massachusetts advanced on Monday in the Joint Committee on Labor and Workforce Development. Co-chaired by Rep. John Scibak and Sen. Dan Wolf, the Committee approved a…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Labor & Employment Law

Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers as Independent Contractors

Relying on its precedent, the First Circuit Court of Appeals held for the second time this year that the Federal Aviation Administrative Authorization Act of 1994 (“FAAAA”) preempts application of the Massachusetts Independent…more
| Conflict of Laws, Labor & Employment Law, Transportation

OSHA’s New Electronic Reporting and Retaliation Rules Will Make Your Company’s Workplace Injury Reports Accessible to the Public

Last week, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a final rule aimed at updating the way it collects data and preventing workplace injuries and illnesses. The final rule can…more
| Labor & Employment Law, Privacy

Where do the DOL’s New FLSA White-Collar Overtime Regulations Leave Non-Profits and Educational Institutions?

Over the course of this and next week, we will discuss the final overtime rule’s impact and address related workplace issues on which employers should focus in advance of its December 1st implementation date. Today we focus on…more
| Education, Labor & Employment Law, Nonprofit Law

ASCE’s Report Update Highlights Major Infrastructure Investment Funding Gaps

Every four years, the American Society of Civil Engineers (ASCE) publishes The Report Card for America’s Infrastructure, which grades the current state of national infrastructure categories on a scale of A through F. The newest…more
| Energy & Utilities, Environmental Law, Finance & Banking
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