Epstein Becker & Green

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875 Third Avenue
New York, NY 10022, United States
Phone: 212-351-4500
Fax: 212-878-8600
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Michigan
  • New Jersey
  • New York
  • Tennessee
  • Texas
Number of Attorneys
100+ Attorneys

New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay Claims and Governor Hochul Proposes Amendments to Limit Recovery of Liquidated Damages for Frequency of Pay Claims

On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law…more

Employees, Employment Litigation, Labor Law Violations, New York, NY Supreme Court

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California Amends Noncompete Law (Again) and Adds a Notice Requirement

California’s Business and Professions Code (the “Code”) has long been the nation’s strictest law on restrictive covenants, essentially prohibiting employee noncompetition agreements except in limited circumstances…more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Hiring & Firing

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Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast

Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as…more

Business Litigation, Counterclaims, Litigation Strategies

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Racist, Sexist, and Threatening Behavior Is Fine in the Workplace as Long as You Connect It to Union Activity: The Return of Atlantic Steel

On Monday, the National Labor Relations Board (the “Board” or “NLRB”), with a majority of appointees by President Biden, i.e., “the Biden-Board,” reversed the short-lived General Motors LLC, 369 NLRB No. 127 (2020) decision and…more

Employer Liability Issues, NLRA, NLRB, Protected Concerted Activity, Section 7

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Hospital and MA Plan Considerations for CMS Final Rule to Remedy 340B Drug Payment Policy

In November 2023, the Centers for Medicare & Medicaid Services (CMS) published a final rule, “Medicare Program; Hospital Outpatient Prospective Payment System: Remedy for the 340B-Acquired Drug Payment Policy for Calendar Years…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Healthcare Reform, Hospitals, Medicare

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CMS Issues Long-Awaited Rule Regarding Reporting and Returning Overpayments

Section 6402(a) of the Affordable Care Act (“ACA”), which was enacted by Congress in 2010, requires a person who has received an overpayment to report and return the overpayment to the Secretary of Health and Human Services, the…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Final Rules, Medicare, Overpayment Recovery Time Limits

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Abortion-Related Time Off After Dobbs: How the FMLA and Other Laws Might Apply

The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and Casey v. Planned Parenthood and leaving the legality of abortion up to each state, inevitably will increase the…more

Abortion, Corporate Counsel, Employee Benefits, Employer Group Health Plans, Family and Medical Leave Act (FMLA)

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An Overview of the CMS Approved New York 1115 Medicaid Waiver

On January 9, 2024, the Center for Medicare and Medicaid Services (CMS) sent a letter to New York’s Medicaid director approving New York’s Section 1115 Waiver amendment, which the state submitted for approval on September 2,…more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Healthcare Reform

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Key Highlights of the New York State Public Health and Health Planning Council's Recommendations for Oversight of Ambulatory Care Services

In the setting of a more sophisticated, cost-conscious patient population coupled with a potential crisis with respect to primary care access, more and more ambulatory and stand-alone clinic services are becoming available to…more

Healthcare, Healthcare Reform

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HHS OCR Issues Annual HIPAA Reports to Congress

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently submitted two reports to Congress setting forth the HIPAA breaches and complaints reported to OCR during calendar year 2020 as well as the…more

Data Breach, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), OCR

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#WorkforceWednesday: Navigating Physician Non-Compete Litigation - Employment Law This Week® - Spilling Secrets Podcast

Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter to…more

Contract Terms, Employer Liability Issues, Employment Contract, Health Care Providers, Non-Compete Agreements

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They Finally Hit Refresh: After More Than a Year of Delays, It Is Time to Officially Welcome WCAG 2.2

After more than five years in the making (and nearly a full year of delays), on Thursday, October 5, 2023, the World Wide Web Consortium (the “W3C”), the private organization focused on enhancing online user experiences,…more

Disability Discrimination, Public Accommodation, Regulatory Requirements, W3C, Web Content Accessibility Guidelines (WCAG)

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Advancing Interoperability and Improving Prior Authorization: No One Said It Would Be Easy!

The Centers for Medicare & Medicaid Services (CMS) recently published the CMS Advancing Interoperability and Improving Prior Authorization Processes Final Rule (“PA Final Rule”) in the Federal Register…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Medicaid

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Full Steam Ahead: FDA Releases Proposed LDT Rule in Advance of Looming Government Shutdown

In a last minute push before an anticipated government shutdown, FDA put down its marker for moving forward toward regulation of lab developed tests (“LDTs”). Unlike past proposals from FDA and Capitol Hill, FDA has taken a…more

Clinical Laboratory Testing, Food and Drug Administration (FDA), Government Shutdown, Healthcare, Life Sciences

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Bicycles, Trains, and Automobiles: Illinois to Require Employers to Offer Pre-Tax Transportation Fringe Benefits

On July 28, 2023, Governor J.B. Pritzker signed into law House Bill No. 2068, “Transportation Benefits Program Act” (“Illinois Transit Law”), which requires employers to offer pre-tax transportation fringe benefits (“Transit…more

Compensation & Benefits, Employee Benefits, Employees, Fringe Benefits, Illinois

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Special Immigration Alert: Due to COVID-19, DHS Allows Flexibility in Completing In-Person Form I-9 Verification

On March 20, 2020, the U.S. Department of Homeland Security (“DHS”) announced that it is temporarily amending the Form I-9 verification and reverification procedures that require company representatives to physically review the…more

Department of Homeland Security (DHS), Employment Eligibility Verification, Form I-9, Immigration Procedures, Shelter-In-Place

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DOJ’s FY 2023 Statistics: Highest Number of Settlements, Judgments, and Civil Investigative Demands in History and a Continued Health Care Focus

On February 22, 2024, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2023, which ended on September 30, 2023. While the $2.68 billion in total…more

Civil Investigation Demand, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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California Governor Signs Law Mandating Supplemental Paid Sick Leave for Employees of Companies with 500 or More Employees

On September 9, 2020, California Governor Gavin Newsom signed Assembly Bill 1867 (“AB 1867”), mandating supplemental paid sick leave for employees of companies with 500 or more employees. AB 1867 fills gaps left open by the…more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Families First Coronavirus Response Act (FFCRA), Food Service Workers

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Uniform Law Commission to Draft Uniform or Model Act Addressing Disclosure Requirements in Commercial Financing Transactions

Since 2018, seven states—California, Connecticut, Florida, Georgia, New York, Utah, and Virginia—have enacted laws requiring specific disclosures in commercial financing transactions. Three of those enactments came in 2023, and…more

Disclosure Requirements, Financial Services Industry, Financing, Regulatory Requirements, Uniform Law Commission (ULC)

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Injunctions for All – Speaking of Litigation Podcast

Conjunction “injunction,” what’s your function? Preliminary injunctions and temporary restraining orders can prove useful in a counsel’s attempt to preserve evidence, prove irreparable harm, protect trade secrets, stop…more

Injunctions, Injunctive Relief, Litigation Strategies, Preliminary Injunctions

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Tesla Gets a Dressing Down by the NLRB

On August 29, 2022, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Tesla, Inc. regarding dress code policies that further the Biden Board’s efforts to remake NLRB policy. This decision has big…more

Dress Codes, Employment Policies, NLRB, Tesla, Union Insignia

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Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast

Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as…more

Business Litigation, Counterclaims, Litigation Strategies

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Connecticut Department of Labor Guidance on Wage Range Disclosure Law Still Leaves Questions Unanswered

The Connecticut Department of Labor recently issued non-binding guidance regarding Public Act 21-30, “An Act Concerning the Disclosure of Salary Range for a Vacant Position” (“Act”). The Act went into effect on October 1, 2021…more

Connecticut, Disclosure, Employees, Employer Liability Issues, Hiring & Firing

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COVID-19: Chile’s New Law Extends Benefits for Some Parents

On July 27, 2020, due to the COVID-19 pandemic, Chile enacted legislation for parents on parental leave and for parents and caregivers of children born in or after 2013 (i.e., seven years of age or younger). Specifically, the…more

Coronavirus/COVID-19, Employee Benefits, Employee's Childcare, Employment Contract, Infectious Diseases

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#WorkforceWednesday: How Can Employers Prepare for the Future of Pay Equity? - Employment Law This Week®

This week, we’re highlighting the evolving landscape of pay equity and pay data reporting requirements: Efforts to address pay disparities have led to an increase in pay equity legislation that shows no signs of slowing down…more

Employer Liability Issues, Equal Pay, Pay Data, Pay Equity Laws, Pay Transparency

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New Jersey Passes Comprehensive Consumer Privacy Law

On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill No. 332, “An Act concerning online services, consumers, and personal data” (“SB 332”).  New Jersey is the fourteenth state to pass a comprehensive…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management, Data Privacy

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Hospital and MA Plan Considerations for CMS Final Rule to Remedy 340B Drug Payment Policy

In November 2023, the Centers for Medicare & Medicaid Services (CMS) published a final rule, “Medicare Program; Hospital Outpatient Prospective Payment System: Remedy for the 340B-Acquired Drug Payment Policy for Calendar Years…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Healthcare Reform, Hospitals, Medicare

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European Commission Adopts an Adequacy Decision for a New EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission (“Commission”), which oversees and implements policies and laws of the European Union (“EU”), adopted an adequacy decision for the long-awaited EU-U.S. Data Privacy Framework (“EU-U.S…more

Data Privacy, Data Protection, Data Security, EU, EU Data Protection Laws

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Immediate Action Required: Make the Swift Switch to the New Form I-9

As we previously reported, this summer, the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Homeland Security (DHS) announced significant updates to enhance the employment verification process. In…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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The Legal Battle Over Mifepristone

During the past several turbulent weeks for the U.S. health care system, rulings in the case Alliance for Hippocratic Medicine v. FDA have called into question the U.S. Food and Drug Administration’s (“FDA’s”) scientific review…more

Abortion, FDA Approval, Food and Drug Administration (FDA), Pharmaceutical Industry, Pregnancy

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Rare DOJ Criminal Indictment Related to Medicare Advantage Risk Adjustment

In an indictment announced on October 26, 2023 in Miami, the U.S. Department of Justice, Criminal Division’s Fraud Section, working with the FBI and HHS-OIG, brought what may be only the second federal criminal charges directly…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Fee-for-Service, Health Insurance

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PRF Update: HRSA Sends Out “Audit Reporting Requirement Attestation” Notice Mandating Quick Action

HRSA’s “Audit Reporting Requirement Attestations” arrived in inboxes on Friday, March 22, 2024, and require a response by Friday, April 5, 2024.  The government is under pressure to show that the money distributed under the…more

American Rescue Plan Act of 2021, Audits, CARES Act, Coronavirus/COVID-19, Health Insurance

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Washington State Is Making Worker-Friendly Amendments to Its Noncompete Statute

Washington State is making a few important amendments to its existing noncompete statute.  The amendments go into effect on June 6, 2024…more

Amended Regulation, Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Podcast: 2023 Deal Cycle - Considerations for Transactions in Uncertain Economic Times - Diagnosing Health Care

The Federal Reserve’s steady increase of interest rates and the slowed economic growth have increased fiscal pressure on health care providers, leaving many to look for ways to bridge budget shortfalls through injections of…more

Economic Growth, Federal Reserve, Health Care Providers, Healthcare, Interest Rates

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What to Do When Your Employer Designates You as a Corporate Representative for Deposition

After receiving a litigation hold notice many months ago (which we covered), you’ve finally stopped panicking about your employer’s lawsuit. That is until you’re told that you’ve been designated as a “corporate representative”…more

Depositions, Employee Representatives, Employment Litigation, Litigation Strategies

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2024 Update: Regulators Use “Carrots and Sticks” to Incentivize Healthcare Sector Cybersecurity Compliance

Healthcare organizations continue to be prime targets of cyberattacks. It is well-established that cyberattacks can lead to financial loss, reputational damage, and, in some cases, risks to patient care and safety. The recent…more

Audits, Compliance, Cybersecurity, Data Protection, Data Security

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The ASA Effective Date is Fast Approaching: Employers Should Get Their Insurance House in Order Now

On November 24, 2022, New York’s Adult Survivors Act (“ASA”) (S.66A/A.648A) will go into effect and likely will usher in a tidal wave of litigation across the state. Employers will be impacted by the law, in addition to…more

Child Abuse, Child Protection Laws, Crime Victims, Sexual Abuse, Sexual Assault

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Congressional Investigation, White House Crackdown Means New Oversight of Private Equity Owners in Health Facilities

On December 6, 2023, Senate Budget Committee Ranking Member Chuck Grassley (R-Iowa) and Chair Sheldon Whitehouse (D.-R.I.) announced a new bipartisan investigation into private equity ownership in hospitals—just ahead of a new…more

Anti-Competitive, Congressional Investigations & Hearings, Healthcare Facilities, Hospitals, Life Sciences

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#WorkforceWednesday: Latest Developments – Restrictive Covenants in the Health Care Industry - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we’re discussing the current state of restrictive covenants in the health care industry: Restrictive covenants are…more

Confidential Information, Employment Contract, Health Care Providers, Hiring & Firing, Intellectual Property Protection

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FTC Vote on Rule to Ban Non-Competes Scheduled for April 23rd

On April 16, 2024, the FTC announced that it will hold a special Open Commission Meeting on April 23, 2024 to vote on its proposed rule to ban the use of non-compete clauses in employment contracts, which has been pending since…more

Committee Meetings, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform

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Podcast: Telehealth Post-Public Health Emergency – What to Expect in 2024 – Diagnosing Health Care

What trends in state laws and regulations have emerged in the post-public health emergency (PHE) era, and how do these changes impact telehealth stakeholders? At the federal level, many telehealth-related flexibilities have…more

Coronavirus/COVID-19, Health Care Providers, Physicians, Popular, Public Health

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What to Know About the New DOJ Mergers & Acquisitions (M&A) Safe Harbor Policy For Voluntary Self-disclosures Made In Conjunction With Misconduct: Questions and Answers

Six months from the date of closing. That’s how long acquiring companies have under the newly announced Department of Justice (DOJ) Mergers and Acquisitions (M&A) Safe Harbor Policy to disclose misconduct discovered in the…more

Acquisition Agreements, Corporate Misconduct, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP), Merger Agreements

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The New Year’s Eve Ball Is Dropping and New York’s Salary Thresholds Are Rising

On December 27, 2023, and just in time for the 2024 ball to drop, the New York State Department of Labor (NYSDOL) finalized the salary thresholds for exempt employees that were proposed as a part of Minimum Wage Order Updates in…more

Employer Liability Issues, Exempt-Employees, Labor Reform, Minimum Salary, Minimum Wage

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Florida Expands Privacy Protections Including a Ban on Offshoring of Certain Patient Data

Recently, Florida Governor Ron DeSantis signed Senate Bill 262 and Senate Bill 264 into law. These new laws grant Floridians greater control over their personal data and establish a new standard for data handling and protection…more

Data Collection, Data Privacy, Data Processors, Data Protection, Enforcement

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#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This Week®

This week, we’re focused on how the U.S. Supreme Court’s Students for Fair Admissions (SFFA) ruling could impact workplace diversity efforts: Diversity, equity, and inclusion (DEI) investment has been a strong strategy for…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Diversity and Inclusion Standards (D&I)

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First Circuit Upholds Employer’s Discretion to Reduce Commission Payments Under the Massachusetts Wage Act

Psychologist Abraham Maslow once observed, “If the only tool you have is a hammer, it is tempting to treat everything as if it were a nail.” That sums up the state of commission litigation under the Massachusetts Wage Act:…more

Employees, Employer Liability Issues, Employment Litigation, Quotas, Sales Commissions

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SCOTUS Favors Narrower Reading of CFAA “So” It Does Not Cover Misuse of Authorized Access

A significant opinion concerning computer security was one of those the United States Supreme Court (“SCOTUS”) issued during its end-of-term flurry this year. Employers and others who permit computer access to sensitive…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Congress May Have a Vision for Psychedelic Regulation in the US

The latest attempt to expand the psychedelic world is making its way through Congress. On September 21, 2023, Congressmen Robert Garcia (CA-42)  and Earl Blumenauer (D-OR) introduced the “Validating Independence for State…more

Food & Drug Regulations, Healthcare, Healthcare Reform, Legislative Agendas, Medical Foods

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SECURE 2.0: Roth Catch-Up Contribution Delay

Section 603 of the SECURE 2.0 Act of 2022 (“Section 603”) implements changes to catch-up contributions and is applicable to employers who maintain a 401(k), 403(b), or 457(b) plan with participants who are age 50 and older and…more

401k, 403(b) Plans, 457(b) Plans, Compensation & Benefits, Employee Benefits

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FDA and OHRP Issue Joint Draft Guidance on Content, Organization, and Presentation of Consent Forms for Research Participants

On March 1, 2024, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Health and Human Services’ (HHS’s) Office for Human Research Protections (OHRP) released a draft guidance titled “Key Information and…more

Clinical Trials, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Medical Research, Office for Human Research Protections (OHRP)

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U.S. Department of Labor Settles Unprecedented Lawsuit Against United Healthcare for Violations of the Mental Health Parity and Addiction Equity Act

In the clearest indication yet of the increased enforcement of the Mental Health Parity and Addiction Equity Act (“MHPAEA”) under the Biden-Harris administration, two settlement agreements filed on August 11 provide that United…more

Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Enforcement Actions, Health Care Providers

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Podcast: Owner’s Outlook: Managing Risks in an Ever-Changing Construction Environment - Diagnosing Health Care

The impacts of climate volatility, cybersecurity threats, artificial intelligence, and building information modeling and construction technology have increased pressure on major construction projects on top of labor availability…more

Business Disruption, Construction Contracts, Construction Industry, Construction Project, Cybersecurity

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HHS Recommends Re-Classification of Marijuana as a Schedule III Controlled Substance – A Bellwether for the Future of Cannabis-ness

On August 30, an official at the United States Department of Health and Human Services (HHS) released one of the most significant announcements made at the federal level concerning marijuana reclassification. In a letter dated…more

Biden Administration, Cannabis Products, Controlled Substances, Controlled Substances Act, DEA

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Supreme Court Underscores Limited Applicability of Rule 10b-5(b) Omissions Claims

In Macquarie Infrastructure Corp. v. Moab Partners, L.P., No. 22-1165, 601 U.S. ___ (April 12, 2024), the United States Supreme Court held that “pure omissions are not actionable” for securities fraud asserted specifically under…more

Disclosure Requirements, Failure To Disclose, Financial Services Industry, Macquarie Infrastructure Corp v Moab Partners LP, Omissions

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NLRB Issues Final Rule on NLRB Election Procedures; Returns to “Quickie Election” Procedures

The National Labor Relations Board (“Board”) published its final rule (“2023 Rule”) on Friday, August 25, amending the representation election procedures that it previously proposed in 2019 and finalized, after some additional…more

Federal Labor Laws, Final Rules, Labor Reform, Labor Relations, NLRA

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How Big a Deal Is “Trump Too Small”? – SCOTUS Today

The question of whether a would-be trademark, “TRUMP TOO SMALL,” warrants a First Amendment exception to the Lanham Act’s prohibition on registering a living person’s name as a trademark without that person’s permission has now…more

CAFC, Certiorari, Constitutional Challenges, First Amendment, Free Speech

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Maryland Expected to Expand Pay Transparency Requirements in Fall 2024

Maryland is poised to join the growing list of jurisdictions that have enacted pay transparency requirements for job postings, which includes jurisdictions such as California, Colorado, Hawaii, Illinois, New York, Washington…more

Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants, Labor Reform

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Indiana Senate Enrolled Act 9 Requires Written Notice of Health Care Entities’ Mergers or Acquisitions

On March 13, 2024, Indiana Governor Eric J. Holcomb signed Senate Enrolled Act No. 9 (“SEA 9”) which will amend the Indiana Code with respect to notice of health care entity mergers and acquisitions…more

Acquisition Agreements, Amended Regulation, Corporate Sales Transactions, Healthcare, Healthcare Facilities

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#WorkforceWednesday: Navigating Physician Non-Compete Litigation - Employment Law This Week® - Spilling Secrets Podcast

Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter to…more

Contract Terms, Employer Liability Issues, Employment Contract, Health Care Providers, Non-Compete Agreements

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Importance of Negotiating Operating Expense Provisions in Health Care Leases

In our ongoing series of blog posts, we will look at several key negotiating points for tenants in triple net health care leases. We will also offer suggestions for certain lease provisions that will protect tenants from…more

Commercial Leases, Commercial Tenants, Contract Drafting, Contract Negotiations, Contract Terms

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Good News for Retirement Plan Sponsors: IRS Issues Updated Guidance Enhancing Plan Correction Programs

On July 15, 2021, the Internal Revenue Service (“IRS”) updated its Employee Plans Compliance Resolution System (“EPCRS”) by issuing Revenue Procedure 2021-30 (PDF). The EPCRS changes and revisions, which generally became…more

EPCRS, IRS, Retirement Plan, Self-Correction Programs, Voluntary Correction Program

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Bicycles, Trains, and Automobiles: Illinois to Require Employers to Offer Pre-Tax Transportation Fringe Benefits

On July 28, 2023, Governor J.B. Pritzker signed into law House Bill No. 2068, “Transportation Benefits Program Act” (“Illinois Transit Law”), which requires employers to offer pre-tax transportation fringe benefits (“Transit…more

Compensation & Benefits, Employee Benefits, Employees, Fringe Benefits, Illinois

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New York City to Require Sexual Harassment Disclosures for Human Services Contractors

On March 3, 2021, New York City Mayor Bill DeBlasio issued Executive Order No. 64 (“EO”), which, effective immediately, imposes new sexual harassment reporting requirements on “human services” providers who contract with the…more

Disclosure Requirements, Mayor de Blasio, Reporting Requirements, Sexual Harassment

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Advancing Interoperability and Improving Prior Authorization: No One Said It Would Be Easy!

The Centers for Medicare & Medicaid Services (CMS) recently published the CMS Advancing Interoperability and Improving Prior Authorization Processes Final Rule (“PA Final Rule”) in the Federal Register…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Medicaid

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Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast

Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as…more

Business Litigation, Counterclaims, Litigation Strategies

See all updates »

“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast

As the spotlight on high-profile judgments intensifies, terms such as “libel,” “slander,” and “defamation” permeate public discourse. Former U.S. presidents, A-list celebrities, and even college professors and local business…more

Defamation, First Amendment, Free Speech, Reputation Management

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Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the…more

Background Checks, Credit Reporting Agencies, Defamation, Employer Liability Issues, Fair Credit Reporting Act (FCRA)

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Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the…more

Background Checks, Credit Reporting Agencies, Defamation, Employer Liability Issues, Fair Credit Reporting Act (FCRA)

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Dealing with Controversial Commentary? Some Guidance and Guardrails for Employers

The Israel-Hamas war. Antisemitism and Islamophobia. Ukraine vs. Russia. Black Lives Matter. #MeToo. Mass Shootings and “Well Regulated” vs. “Shall Not Be Infringed.” Vaccination and Mask Mandates. Politicians and Presidents…more

Employee Handbooks, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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San Francisco Releases Generative AI Guidelines for City Workers

On December 11, 2023, the City of San Francisco released the San Francisco Generative AI Guidelines (“Guidelines”).  The Guidelines set forth parameters for City employees, contractors, consultants, volunteers, and vendors who…more

Artificial Intelligence, Bias, California, Critical Infrastructure Sectors, Discrimination

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Indiana Senate Enrolled Act 9 Requires Written Notice of Health Care Entities’ Mergers or Acquisitions

On March 13, 2024, Indiana Governor Eric J. Holcomb signed Senate Enrolled Act No. 9 (“SEA 9”) which will amend the Indiana Code with respect to notice of health care entity mergers and acquisitions…more

Acquisition Agreements, Amended Regulation, Corporate Sales Transactions, Healthcare, Healthcare Facilities

See all updates »

Updated Requirements for Informed Consent: HHS Issues New Guidance on Sensitive Exams

On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”) released new guidance which requires hospitals to obtain informed consent from patients before practitioners, or medical or other students, perform…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Reform

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Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In…more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Data Collection, Data Privacy

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Five Developing Trends Financial Services Employers Need to Know - Take 5 Newsletter

As certain long-standing issues of interest to financial services employers seem to be receiving a degree of reactive attention, other cutting-edge issues continue to force such employers to revisit and update policies to meet…more

Arbitration Agreements, Attorney-Client Privilege, Drug Testing, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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DOJ’s FY 2023 Statistics: Highest Number of Settlements, Judgments, and Civil Investigative Demands in History and a Continued Health Care Focus

On February 22, 2024, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2023, which ended on September 30, 2023. While the $2.68 billion in total…more

Civil Investigation Demand, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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New York State Follows New York City in Enacting Freelance Worker Protections

On November 22, 2023, New York Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “State Act”), Senate Bill S5026. This new law (codified as a new Section 191-d of the New York Labor Law) will require written…more

Employer Liability Issues, Freelance Workers, Gig Economy, Human Resources Professionals, Independent Contractors

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Unpacking Averages: Sample Size for Clinical Trials Used to Obtain FDA Medical Device Clearance

Our latest focus is trying to bring data to bear on common questions we get asked by clients. Last month the topic was: how well does my device need to perform to get premarket clearance from FDA? This month it is: how big does…more

Clinical Trials, FDA Approval, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food and Drug Administration Amendments Act (FDAAA)

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#WorkforceWednesday: SECURE 2.0 Act - Navigating New Retirement Plan Provisions in 2024 - Employment Law This Week®

The SECURE 2.0 Act revolutionized retirement planning by simplifying and expanding retirement and health plan benefits. Over a year after the legislation became law, provisions are still rolling out. So, what’s new in…more

Compensation & Benefits, Employee Benefits, Retirement, Retirement Plan, SECURE Act

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2023 Labor and Employment Highlights: Key Legal Developments, Trends, and Insights - Employment Law This Week®

In this special year-end episode, recorded live from our 42nd Annual Workforce Management Briefing in New York City, Epstein Becker Green attorneys discuss the biggest employment law trends and crucial workforce changes in 2023,…more

Artificial Intelligence, Data Privacy, Employer Liability Issues, Employment Policies, Hiring & Firing

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Dealing with Controversial Commentary? Some Guidance and Guardrails for Employers

The Israel-Hamas war. Antisemitism and Islamophobia. Ukraine vs. Russia. Black Lives Matter. #MeToo. Mass Shootings and “Well Regulated” vs. “Shall Not Be Infringed.” Vaccination and Mask Mandates. Politicians and Presidents…more

Employee Handbooks, Employee Rights, Employees, Employer Liability Issues, Employer Responsibilities

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Insignificant Harm Not So Insignificant in Proving Title VII Transfer Violation - SCOTUS Today

A unanimous Supreme Court has eased the route for a plaintiff to prove a violation of Title VII of the Civil Rights Act of 1964 in Muldrow v. City of St. Louis. …more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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New York to Extend Window for Filing Administrative Complaints of Unlawful Discrimination

n November 17, 2023, New York Governor Kathy Hochul signed Senate Bill 3255 (the “Act”) into law. The Act amends Section 297-5 of the New York Executive Law (“Section 297-5”) by extending the statute of limitations for filing…more

Complaint Procedures, Employment Discrimination, Harassment, Labor Law Violations, Labor Reform

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District Court Confirms Application of Federal Arbitration Act to No Surprises Act Arbitrations

Recently, a federal judge in New Jersey confirmed an arbitration award in favor of an insurer resulting from the independent dispute resolution (“IDR”) process created under the No Surprises Act. This is one of the first times…more

Arbitration, Arbitration Agreements, Arbitration Awards, Federal Arbitration Act, Health Care Providers

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Pay Transparency Comes to Washington, DC

This springtime, Washington, D.C. employers may want to spruce up their compliance checklists to stay ahead of new pay transparency obligations. On January 12, 2024, Mayor Bowser signed the Wage Transparency Omnibus Amendment…more

Compliance, Disclosure Requirements, Employee Benefits, Pay Transparency, Salary/Wage History

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NYC ESSTA’s New Private Right of Action Gives Employers a Reason for Action … to Review Safe and Sick Leave Policies

In the latest paid leave law development out of New York, the New York City Council amended the City's Earned Safe and Sick Time Act (ESSTA) to create a private right of action…more

Earned Sick Time, Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals

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Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s…more

Americans with Disabilities Act (ADA), Denial of Certiorari, Disability, Employer Liability Issues, Gender Dysphoria

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FDA Releases Updated Directory on Select Dietary Supplement Ingredients

Whether a consumer is taking calcium carbonate for strong bones, magnesium to fall asleep, or high-dose caffeine to stay awake, the U.S. Food and Drug Administration (FDA) does not approve dietary supplements for safety and…more

Dietary Supplements, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health Claims, Healthcare

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White House Executive Order on Artificial Intelligence: Implications for the Health Care and Life Sciences Industries

On October 30, 2023, President Joe Biden signed the first ever Executive Order (EO) that specifically directs federal agencies on the use and regulation of Artificial Intelligence (AI). A Fact Sheet for this EO is also…more

Artificial Intelligence, Biden Administration, Discrimination, Executive Orders, Healthcare

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California Supreme Court Applies Rule of Reason Test for “Business Only” Restrictive Covenants

In Ixchel Pharma, LLC v. Biogen, Inc., 20 Cal. Daily Op. Serv. 7729, __ P.3d __(August 3, 2020), the California Supreme Court made it easier for businesses to enforce restrictive covenants against other businesses. This holding…more

Business & Professions Code, Business Disputes, CA Supreme Court, Corporate Counsel, Non-Compete Agreements

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NJ Approves Cannabis Regulatory Amendment with Major Impacts on Class 5 Retail License Holders

As of September 25, 2023, Bill A4151 was approved by the New Jersey Senate and is now law in New Jersey. This approved bill amends the existing New Jersey recreational cannabis regulatory landscape. Bill A4151, or P.L. 2023,…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries, Investment

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New Independent Contractor Rule Facing Multiple Legal Challenges

On January 9, 2024, the United States Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule regarding how to determine whether a worker qualifies as an employee or may be considered an independent…more

Department of Labor (DOL), Economic Realities Test, Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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More Critical Than Ever: Cyber Risk "Tabletop Exercises" in the AI Infused Workplace

Since the dawn of digitalization, the collection and retention of personal and other business confidential data by employers has implicated security and privacy challenges—by amassing a treasure trove of data for bad actors (or…more

Artificial Intelligence, Cybersecurity, Data Protection, Data Security, Executive Orders

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Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent company…more

Corporate Counsel, International Labor Laws, Japan, Parent Corporation, Subsidiaries

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#WorkforceWednesday: Invention Ownership - Why the Tense Matters in Employee IP Provisions - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we uncover the essential steps employers should take to secure employees’ trade secrets from day one of their…more

Confidential Information, Employment Contract, Intellectual Property Protection, Inventions, IP License

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New Year, New Changes for California Employers in 2024

As 2024 quickly approaches, so, too, do many new obligations and restrictions for employers with California employees. Below, we summarize significant changes to hiring and workforce management, litigation, wage and hour, and…more

California, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Pay Transparency Comes to Washington, DC

This springtime, Washington, D.C. employers may want to spruce up their compliance checklists to stay ahead of new pay transparency obligations. On January 12, 2024, Mayor Bowser signed the Wage Transparency Omnibus Amendment…more

Compliance, Disclosure Requirements, Employee Benefits, Pay Transparency, Salary/Wage History

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Biden Administration Prioritizes Health Equity in Proposed Reforms to Medicare Managed Care

The Centers for Medicare & Medicaid Services (CMS) recently issued the Medicare Advantage (MA) and Part D proposed rule for contract year 2024 (the “Proposed Rule”), which represents the Biden administration’s broadest effort to…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Hospitals

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The U.S. Sentencing Commission’s Proposed 2024 Amendments to the Federal Sentencing Guidelines Seek to Restore Consistency in Loss Calculations and Mitigate the Impact of Acquitted Conduct

On December 26, 2023, the U.S. Sentencing Commission (“USSC”) proposed several amendments to its Guidelines Manual (the “Guidelines”). Two of these proposed amendments have the potential to especially impact sentencing decisions…more

Commercial Litigation, Criminal Convictions, Criminal Prosecution, Enforcement Actions, Federal Sentencing Guidelines

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DOJ’s FY 2023 Statistics: Highest Number of Settlements, Judgments, and Civil Investigative Demands in History and a Continued Health Care Focus

On February 22, 2024, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2023, which ended on September 30, 2023. While the $2.68 billion in total…more

Civil Investigation Demand, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Sponsored Genetic Testing Programs: Compliance Considerations Following DOJ False Claims Act Settlement

Manufacturer-sponsored genetic testing programs provide several benefits to patients, including expanding access to genetic testing, providing opportunities for patients to participate in research, empowering patients to make…more

Anti-Kickback Statute, Biopharmaceutical, Biotechnology, Department of Justice (DOJ), False Claims Act (FCA)

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From The Basketball Court To Federal Court: The New York Knicks Sue The Toronto Raptors For Theft Of Confidential Information

The New York Knicks made headlines last week when they sued the Toronto Raptors for theft of confidential and proprietary information, including scouting reports, play frequency reports, and other confidential information…more

Breach of Contract, Bylaws, Confidential Information, Dispute Resolution, Employment Contract

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Physicians Beware! Groups Providing DME, Prosthetic Devices, and Other Medical Supplies to Their Medicare Patients Risk Violating the Strict Liability Stark Law Since the Expiration of COVID-19 Public Health Emergency

When the COVID-19 Public Health Emergency (“PHE”) ended on May 11, 2023, many physician groups furnishing certain medical equipment, devices, and/or supplies to their Medicare patients became in violation of the federal…more

Anti-Kickback Statute, Coronavirus/COVID-19, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

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Rare DOJ Criminal Indictment Related to Medicare Advantage Risk Adjustment

In an indictment announced on October 26, 2023 in Miami, the U.S. Department of Justice, Criminal Division’s Fraud Section, working with the FBI and HHS-OIG, brought what may be only the second federal criminal charges directly…more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Fee-for-Service, Health Insurance

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New York to Extend Window for Filing Administrative Complaints of Unlawful Discrimination

n November 17, 2023, New York Governor Kathy Hochul signed Senate Bill 3255 (the “Act”) into law. The Act amends Section 297-5 of the New York Executive Law (“Section 297-5”) by extending the statute of limitations for filing…more

Complaint Procedures, Employment Discrimination, Harassment, Labor Law Violations, Labor Reform

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Fifth Circuit Poised to Uphold Ruling Striking Down Preventive Coverage Requirement

A federal appeals court panel in New Orleans is poised to uphold a lower court ruling enjoining the enforcement of the Affordable Care Act's (ACA) requirement that most private health insurance cover recommendations of the…more

ACIP, Administrative Procedure Act, Affordable Care Act, Constitutional Challenges, Health Insurance

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Charitable Health Systems and Other Owners of Tax-Exempt Property with Operations in Ohio Should Prepare for Upcoming Changes to Real Property Tax Exemption Laws

Starting in 2022, Ohio will require owners of tax-exempt real property to notify the county auditor if the exempt property ceases to qualify for exemption…more

Audits, Property Owners, Property Tax, Tax Exemptions

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#WorkforceWednesday: Navigating New Laws - California’s Upcoming Deadlines for Employers - Employment Law This Week®

This week, we’re focused on California’s array of new and amended laws, including non-competes, employee cannabis usage, minimum wage, and protected time off: New laws are changing the workplace in California, with looming…more

California, Employee Benefits, Employer Liability Issues, Employment Litigation, Employment Policies

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What to Know About the New DOJ Mergers & Acquisitions (M&A) Safe Harbor Policy For Voluntary Self-disclosures Made In Conjunction With Misconduct: Questions and Answers

Six months from the date of closing. That’s how long acquiring companies have under the newly announced Department of Justice (DOJ) Mergers and Acquisitions (M&A) Safe Harbor Policy to disclose misconduct discovered in the…more

Acquisition Agreements, Corporate Misconduct, Department of Justice (DOJ), FCPA Corporate Enforcement Policy (CEP), Merger Agreements

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In Genesis Case, South Carolina District Court Scraps HRSA Interpretation of “Patient” Under 340B Statute

On November 3, 2023, the United States District Court for the District of South Carolina issued its decision in the long-running dispute between Genesis Health Care Inc., a federally qualified health center and 340B-covered…more

Covered Entities, Drug Pricing, Health Care Providers, Healthcare, HRSA

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ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some…more

Conditional Job Offers, Employee Privacy Rights, Employees, Employer Liability Issues, Hiring & Firing

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What to Do If the Government Knocks on Your Company’s Door … or Breaks It Down – Speaking of Litigation Podcast

FBI! Open up! Is your organization prepared to handle a government investigation? Guilty or not, having a preparedness plan in place for when a government agency comes knocking is just as important as conducting a company fire…more

Civil Investigation Demand, Compliance, Government Agencies, Government Investigations, Investigations

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Business Enterprise Value as a Measure of Damages for Business Torts

Recently, a 1952 Mickey Mantle baseball card, in near-mint condition, sold for a record $12.6 million at auction. Imagine if the new owner brought the card home and showed it to a friend, carefully instructing the friend not to…more

Business Valuations, Calculation of Damages, Commercial Litigation, Damages, Lost Profits

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San Francisco Releases Generative AI Guidelines for City Workers

On December 11, 2023, the City of San Francisco released the San Francisco Generative AI Guidelines (“Guidelines”).  The Guidelines set forth parameters for City employees, contractors, consultants, volunteers, and vendors who…more

Artificial Intelligence, Bias, California, Critical Infrastructure Sectors, Discrimination

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FTC’s PBM Study Signals Broader Federal Scrutiny of the Prescription Drug Sector

On June 7, 2022, the Federal Trade Commission (FTC) unanimously voted to initiate a study into how business practices employed by some pharmacy benefit managers (PBMs) may impact prescription drug pricing and patient access to…more

Drug Pricing, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Pharmaceutical Industry, Pharmacies

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More Flexibility Added to the Paycheck Protection Program

On Friday, June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (the “Act”), which relaxes various rules under the Coronavirus Aid, Relief, and Economic Security Act’s (the “CARES…more

CARES Act, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP), Paycheck Protection Program Flexibility Act of 2020 (PPPFA)

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Fourth Circuit Holds Federal Tax-Exempt Status Does Not Subject Private Independent School to Title IX Responsibility

In an earlier article, we discussed how a federal district court’s decision that mere 501(c)(3) status can trigger obligations under Title IX created shock waves throughout the private independent school community. A recent…more

501(c)(3), Educational Institutions, Private Schools, Statutory Interpretation, Statutory Violations

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Benefits Litigation Update – Spring 2017

Welcome to the Spring edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm Epstein Becker & Green. As a new Congress, and a new executive branch, work on major…more

Affordable Care Act, Amgen v Sandoz, Benefit Plan Sponsors, Employee Retirement Income Security Act (ERISA), Executive Orders

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Electronically Stored Information – Pitfalls and Ways to Avoid Mistakes and Inadvertent Disclosure

Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where…more

Client Services, Commercial Litigation, Discovery, Discovery Disputes, Electronically Stored Information

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Podcast: 2023 Health Policy Outlook - Diagnosing Health Care

With the recent midterm elections changing the composition of Congress, and the Biden administration’s first opportunities to advance its policy priorities from the very beginning of the rulemaking process, what are the key…more

Biden Administration, Federal Elections, Healthcare

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Abortion Rights to Be Codified in Ohio State Constitution

On November 7, 2023, the citizens of the state of Ohio voted to codify reproductive rights, including the right to abortion, in the state constitution. In 2019, Ohio banned nearly all abortions once fetal cardiac activity…more

Abortion, Constitutional Amendment, Dobbs v. Jackson Women’s Health Organization, Equal Protection, Healthcare

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Rare Hearing by the Supreme Court as to Stays in Vaccine Mandate Cases

On the evening of Wednesday, December 22, 2021, the Supreme Court of the United States announced that it will hold a special session on January 7, 2022, to hear oral argument in cases concerning whether two Biden administration…more

Coronavirus/COVID-19, Employer Mandates, Health and Safety, Infectious Diseases, SCOTUS

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Ohio’s Medical Practitioner Conscience Clause Becomes Effective

Ohio’s two-year state operating budget, which passed in June, enacted Revised Code 4743.10, which established a general medical conscience clause in Ohio law. Under the new law, which became effective September 30, 2021, “a…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Reform, Hospitals

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Time Is Money: A Quick Wage-Hour Tip on … Inclement Weather Pay Obligations

Despite Punxsutawney Phil declaring an early spring, employers should continue to prepare for weather-related emergencies and their wage and hour implications.  As with most of wage and hour-related determinations, employers…more

Collective Bargaining Agreements (CBA), Emergency Management Plans, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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No More Exceptions: What to Do When the California Privacy Exemptions for Employee, Applicant and B2B Data Expire on January 1, 2023

California’s Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) give consumers substantial rights regarding the disclosure and use of their personal information collected by businesses subject to the law…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity

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The New Tax Reform Law: Highlights of Provisions Affecting Health Care and Nonprofits

On December 22, 2017, President Trump signed into law tax reform legislation (the “Act”), which contains many substantial changes to the Internal Revenue Code (the “Code”). This Client Alert provides a brief description of…more

Carried Interest, Corporate Taxes, Family and Medical Leave Act (FMLA), Income Taxes, Internal Revenue Code (IRC)

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Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in Misconduct

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised…more

Adverse Employment Action, Employee Misconduct, Employees, Employer Liability Issues, Employment Litigation

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Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing

The United Stated Department of Labor Office of Labor-Management Standards (“OLMS”) recently signaled an alarming willingness to use its broad subpoena powers under Section 601 of the Labor-Management Reporting and Disclosure…more

Disclosure Requirements, Employee Rights, Employer Liability Issues, Labor Reform, Labor Relations

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The Enforceability of Employees’ Electronic Signatures Is the Next Battleground for Arbitration Agreements With Class Action Waivers

Here’s a question you likely have never considered: Are hackers overseas infiltrating employers’ computer systems just to sign arbitration agreements with class action waivers for random employees?…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, E-Signatures

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#WorkforceWednesday: SECURE 2.0 Act - Navigating New Retirement Plan Provisions in 2024 - Employment Law This Week®

The SECURE 2.0 Act revolutionized retirement planning by simplifying and expanding retirement and health plan benefits. Over a year after the legislation became law, provisions are still rolling out. So, what’s new in…more

Compensation & Benefits, Employee Benefits, Retirement, Retirement Plan, SECURE Act

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Product Launching in the Era of COVID-19 - Diagnosing Health Care Podcast

This Diagnosing Health Care episode looks at the adjustments to business operations and compliance programs that pharmaceutical and medical device companies need to consider as they launch new products during the ongoing…more

Clinical Trials, Coronavirus/COVID-19, Health Care Providers, Life Sciences, Manufacturer Liability

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New York Governor Reinstates Mask Mandate

Today, New York Governor Kathy Hochul announced a new mask mandate for private businesses that do not require proof of vaccination for entry, which will take effect Monday, December 13, 2021 and remain in place through January…more

Coronavirus/COVID-19, Health and Essential Rights (HERO) Act, Health and Safety, Infectious Diseases, Masks

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Finding the Silver-Lining—Leveraging Government Investigations and Restitution Orders for Long-Term Tax Benefits

In many cases, the payment of restitution by a party in a lawsuit involving the government or a governmental entity creates a tax-deductible business expense under Title 26, United States Code, Section 162(f) (hereinafter,…more

Anti-Kickback Statute, Section 162(f), Stark Law, Tax Deductions

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The U.S. Sentencing Commission’s Proposed 2024 Amendments to the Federal Sentencing Guidelines Seek to Restore Consistency in Loss Calculations and Mitigate the Impact of Acquitted Conduct

On December 26, 2023, the U.S. Sentencing Commission (“USSC”) proposed several amendments to its Guidelines Manual (the “Guidelines”). Two of these proposed amendments have the potential to especially impact sentencing decisions…more

Commercial Litigation, Criminal Convictions, Criminal Prosecution, Enforcement Actions, Federal Sentencing Guidelines

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New York State Enacts New Notice Requirements Targeting Private Equity Health Care Transactions

New York recently enacted new legislation that will amend Article 45-A of the New York Public Health Law, entitled “Disclosure of Material Transactions”.  Although the legislation, as enacted, contains no description of…more

Covered Transactions, Disclosure Requirements, Healthcare, Investment, Investors

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Telehealth’s Roadblock: The Issue with State Licensure Requirements

Use of telehealth services has surged since the COVID-19 pandemic; however, this increase in use does not come without limitations. Telehealth providers are subject to regulations, which differ by state, that govern various…more

Commerce Clause, Dormant Commerce Clause, Due Process, First Amendment, Health Care Providers

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Noncompetes Remain Enforceable in Maine Following Governor’s Veto That Recognizes the Importance of Noncompetes by Employers

On March 29, 2024, Maine Governor Janet T. Mills vetoed a bill that would have banned all employee noncompete agreements in the State of Maine.  Both chambers of the Maine legislature passed L.D. 1496, An Act to Prohibit…more

Confidential Information, Contract Terms, Employment Contract, Governor Vetoes, Hiring & Firing

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Workplace Mass Shootings Are A Reminder That Employers Need Legally Compliant Workplace Gun Policies

Some of the most notable recent mass shootings in the United States have been perpetrated by current or former employees in their workplaces. For example, on April 10, 2023, an employee of a bank in Louisville, Kentucky, who…more

Employer Liability Issues, Employment Policies, Firearms, Mass Shootings, Workplace Safety

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The Industrial Welfare Commission Returns with Plans for More Protections for California Employees

With $3 million in funding from A.B. 102, California’s recent appropriations bill, the Industrial Welfare Commission (IWC), the administrative body charged by statute to regulate wages, hours, and working conditions, will…more

Employees, Employer Liability Issues, Gig Economy, Independent Contractors, Joint Employers

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A First Look at Secure 2.0—New Requirements for Plan Sponsors

On March 29, 2022, the U.S. House of Representatives passed H.R. 2954, entitled “Securing a Strong Retirement Act” (“Secure 2.0”), which would, among other things, impose additional requirements on employers that sponsor 401(k)…more

401k, 403(b) Plans, Benefit Plan Sponsors, Employee Benefits, Retirement Plan

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Cal/OSHA Releases Model Workplace Violence Prevention Plan

The California Division of Occupational Safety and Health (Cal/OSHA) has issued its anticipated model Workplace Violence Prevention Plan (for non-health care settings). As we previously noted here, SB 553 added  California Labor…more

Cal-OSHA, California, Employee Training, Employer Liability Issues, Employer Responsibilities

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Superior Court of California Attorneys’ Fees Award Punishes Plaintiff’s Bad-Faith Litigation for Alleged Misappropriation of Trade Secrets

A California Superior Court Judge in Orange County granted an attorneys’ fees award in the amount of $5.8 million to defendant Landmark Event Staffing Services, Inc. (“Landmark”) in Contemporary Services Corporation v. Landmark…more

Attorney's Fees, Intellectual Property Protection, Misappropriation, Trade Secrets, Trademark Litigation

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What Does the Upcoming Amendment to Federal Rule of Evidence 702 Mean for the Admission of Expert Testimony?

On December 1, 2023, Federal Rule of Evidence (“FRE”) 702 will be amended, following the Supreme Court’s adoption of the amendment earlier this year. FRE 702 governs the admission of expert testimony in the federal courts, and…more

Amended Rules, Commercial Litigation, Expert Testimony, Expert Witness, Federal Rules of Evidence

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California Finalizes SB 184 Pre-Transaction Notice Requirements for “Material Change” Health Care Transactions

On December 18, 2023, the California Office of Administrative Law approved the emergency regulations promulgated by the Office of Health Care Affordability (OHCA) that set forth the procedural framework for (i) the…more

California, Health Care Providers, Health Insurance, Healthcare, Healthcare Reform

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Five Developing Trends Financial Services Employers Need to Know - Take 5 Newsletter

As certain long-standing issues of interest to financial services employers seem to be receiving a degree of reactive attention, other cutting-edge issues continue to force such employers to revisit and update policies to meet…more

Arbitration Agreements, Attorney-Client Privilege, Drug Testing, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Maryland Expected to Expand Pay Transparency Requirements in Fall 2024

Maryland is poised to join the growing list of jurisdictions that have enacted pay transparency requirements for job postings, which includes jurisdictions such as California, Colorado, Hawaii, Illinois, New York, Washington…more

Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants, Labor Reform

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Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of…more

Americans with Disabilities Act (ADA), Best Management Practices, Compassionate Use Act, Corporate Counsel, Disability

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SAMHSA Final Rule Regarding OTPs Expands Access, Increases Flexibility for Patients

On February 1, 2024, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule revising 42 CFR Part 8, which regulates opioid treatment programs (OTPs). The final rule is the first update to the…more

Drug Distribution, Final Rules, Food & Drug Regulations, Health Care Providers, Healthcare

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ONC’s “Information Blocking Enhancements” Under the HTI-1 Rule Are in Effect

On Monday, March 11, 2024, the Office of the National Coordinator for Health Information Technology’s (ONC) Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information…more

Algorithms, Final Rules, Health Care Providers, Health Information Technologies, Healthcare

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#WorkforceWednesday: Termination Meetings on the Record - Employment Law This Week®

With virtual terminations on the rise, what steps should employers take to ensure they are prepared and compliant if an employee secretly records their termination? Epstein Becker Green attorneys Marc A. Mandelman and Lauri F…more

Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing, Termination

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Health Care Providers with Claims Arising Out of New York’s Failed Health Republic Insurance Co. to Be Paid in Full

In December 2015, we wrote about the many failed health insurance co-ops created under the Affordable Care Act (“ACA”), and the impact of those failures on providers and other creditors, consumers, and taxpayers. At that time,…more

Affordable Care Act, Co-Op, Health Care Providers, Health Insurance

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CMS Announces Comprehensive Plan to Ensure EMTALA Compliance

CMS’s New Actions Related to EMTALA - On January 22, 2024, the Department of Health and Human Services (HHS) announced that, through the Centers for Medicare & Medicaid Services (CMS), it will launch a comprehensive plan…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), EMTALA, Health Care Providers, Healthcare

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Hidden in Plain Sight: Lesser-Known Exceptions Recently Adopted by Congress to the Federal Physician Self-Referral Law and Anti-Kickback Statute

At the end of 2022, Congress enacted the Consolidated Appropriations Act of 2023 (“CAA”), for which there has been much fanfare.   As it relates to health care, this legislation included provisions addressing issues such as…more

Anti-Kickback Statute, Congressional Oversight, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Healthcare

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Eleventh Circuit Ruling on Causation Standard a Win for Employers

The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers, the…more

Adverse Employment Action, Burden of Proof, But For Causation, Causation, Employees

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“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast

As the spotlight on high-profile judgments intensifies, terms such as “libel,” “slander,” and “defamation” permeate public discourse. Former U.S. presidents, A-list celebrities, and even college professors and local business…more

Defamation, First Amendment, Free Speech, Reputation Management

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PRF Update: HRSA Sends Out “Audit Reporting Requirement Attestation” Notice Mandating Quick Action

HRSA’s “Audit Reporting Requirement Attestations” arrived in inboxes on Friday, March 22, 2024, and require a response by Friday, April 5, 2024.  The government is under pressure to show that the money distributed under the…more

American Rescue Plan Act of 2021, Audits, CARES Act, Coronavirus/COVID-19, Health Insurance

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NLRB Issues Guidance on the Duty to Bargain During a Pandemic and Other Emergency Situations

The COVID-19 pandemic and its sharp impact on the U.S. economy has presented a unique set of issues for employers with union-represented employees, including not only those employers that are parties to collective bargaining…more

Collective Bargaining Agreements (CBA), Duty to Bargain, New Guidance, NLRB

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Ohio Appellate Court Holds Logistics Company was Improperly Limited to Half a Remedy, Reviving Noncompete Suit Against a Former Employee

The day after obtaining federal brokerage authority for the logistics company he formed a month earlier, Christopher Johnson, a North Carolina resident, resigned from his employment with Cincinnati-based Total Quality Logistics,…more

Employer Liability Issues, Employment Contract, Former Employee, Non-Compete Agreements, Restrictive Covenants

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Unpacking Averages: Adverse Events for Device-Lead Combination Products

Combination products present a tremendous opportunity to improve health outcomes, because they leverage multiple disciplines.  If we were, for example, to focus on drugs alone with little thought to how they might be delivered,…more

Adverse Events, Food and Drug Administration (FDA), Healthcare, Life Sciences, Medical Devices

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Medicare Advantage, Part D, and More: Proposed Rule Outlines Significant Policy and Technical Changes for CY 2025

On November 15, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule titled Contract Year 2025 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Drug Pricing, Health Insurance, Health Plan Sponsors

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The U.S. Sentencing Commission’s Proposed 2024 Amendments to the Federal Sentencing Guidelines Seek to Restore Consistency in Loss Calculations and Mitigate the Impact of Acquitted Conduct

On December 26, 2023, the U.S. Sentencing Commission (“USSC”) proposed several amendments to its Guidelines Manual (the “Guidelines”). Two of these proposed amendments have the potential to especially impact sentencing decisions…more

Commercial Litigation, Criminal Convictions, Criminal Prosecution, Enforcement Actions, Federal Sentencing Guidelines

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New York’s Highest Court Clarifies Law On “Relation Back” and Statute of Limitations

The statute of limitations is a powerful threshold defense for defendants in civil litigation.  Article 2 of New York’s Civil Practice Law and Rules (“CPLR”) and other New York statutory provisions set forth deadlines by which…more

Commercial Litigation, CPLR, NY Supreme Court, Relation Back Doctrine, Statute of Limitations

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Pay Transparency Comes to Washington, DC

This springtime, Washington, D.C. employers may want to spruce up their compliance checklists to stay ahead of new pay transparency obligations. On January 12, 2024, Mayor Bowser signed the Wage Transparency Omnibus Amendment…more

Compliance, Disclosure Requirements, Employee Benefits, Pay Transparency, Salary/Wage History

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Florida Legislature Provides COVID-19 Liability Protection for Health Care Providers

At the end of March, Florida joined the roster of states that have erected legal shields for health care providers against COVID-19-oriented liability claims. Concerned about uncertainty surrounding the emergency measures taken…more

Coronavirus/COVID-19, Governor DeSantis, Health Care Providers, Liability, State and Local Government

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NJ Approves Cannabis Regulatory Amendment with Major Impacts on Class 5 Retail License Holders

As of September 25, 2023, Bill A4151 was approved by the New Jersey Senate and is now law in New Jersey. This approved bill amends the existing New Jersey recreational cannabis regulatory landscape. Bill A4151, or P.L. 2023,…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries, Investment

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Indiana Senate Enrolled Act 9 Requires Written Notice of Health Care Entities’ Mergers or Acquisitions

On March 13, 2024, Indiana Governor Eric J. Holcomb signed Senate Enrolled Act No. 9 (“SEA 9”) which will amend the Indiana Code with respect to notice of health care entity mergers and acquisitions…more

Acquisition Agreements, Amended Regulation, Corporate Sales Transactions, Healthcare, Healthcare Facilities

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NYC ESSTA’s New Private Right of Action Gives Employers a Reason for Action … to Review Safe and Sick Leave Policies

In the latest paid leave law development out of New York, the New York City Council amended the City's Earned Safe and Sick Time Act (ESSTA) to create a private right of action…more

Earned Sick Time, Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals

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Kentucky Law to Expand Assault in the Third Degree Beyond Healthcare Providers at Hospitals to Include Clinic, Dental, Outpatient Facility Employees, and More

We recently wrote about proposed Oregon legislation that would have addressed workplace violence in healthcare settings but failed to move forward in the legislature due to concerns about a provision that would have made assault…more

Employees, Employer Liability Issues, Health Care Providers, Healthcare, Healthcare Workers

See all updates »

Updated Requirements for Informed Consent: HHS Issues New Guidance on Sensitive Exams

On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”) released new guidance which requires hospitals to obtain informed consent from patients before practitioners, or medical or other students, perform…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Reform

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New York State OMIG Makes Regulatory Modifications to Compliance Program Requirements

It is axiomatic that New York State requires every Medicaid provider to have an “effective” compliance program.  New York Social Services Law § 363-d.  In July 2022, the New York State Office of the Medicaid Inspector General…more

Compliance Management Systems, Health Care Providers, Health Insurance, Healthcare, Medicaid

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Reminder for New Jersey Employers: Review Employment Law Updates and Poster Requirements for 2024

Last year, New Jersey continued its expansion of workplace legislation with potentially far-reaching consequences for the state’s employers. By way of highlight and summary, New Jersey’s 2023 employment-related measures…more

Employee Rights, Employees, Employer Liability Issues, Human Resources Professionals, Labor Reform

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The AI Lawyer: A New Practice Area and a Fertile Ground for Future Litigation

Searching the internet for “AI and litigation” reveals tons of results about how AI will either replace lawyers or transform the legal profession. These results are unsurprising. Since the early 2010s, articles focusing on the…more

Artificial Intelligence, Client Services, Commercial Litigation, Copyright, Defamation

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Podcast: Inflation Reduction Act’s Drug Price Negotiation Provisions – What’s Next? - Diagnosing Health Care

The Inflation Reduction Act (IRA), signed into law in August 2022, included significant and controversial drug-pricing provisions. What key compliance issues must industry stakeholders consider as these provisions are put into…more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Healthcare, Inflation Reduction Act (IRA), Negotiations

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Cal/OSHA Releases Model Workplace Violence Prevention Plan

The California Division of Occupational Safety and Health (Cal/OSHA) has issued its anticipated model Workplace Violence Prevention Plan (for non-health care settings). As we previously noted here, SB 553 added  California Labor…more

Cal-OSHA, California, Employee Training, Employer Liability Issues, Employer Responsibilities

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Biden Issues Executive Order Encouraging Federal Action to Limit or Ban Non-Compete Agreements

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy, which encourages the Federal Trade Commission (“FTC”) to employ its statutory rulemaking authority “to curtail the…more

Biden Administration, Competition, Executive Orders, Federal Trade Commission (FTC), Non-Compete Agreements

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New Jersey Extends Benefits and Protections to Workers Impacted by COVID-19

On March 25, 2020, by signing legislative bill S2304 into law, Governor Philip Murphy expanded the availability of benefits under the state’s Temporary Disability Insurance (“TDI”) and Family Leave Insurance (“FLI”) programs to…more

Coronavirus/COVID-19, Disability Benefits, New Legislation, Sick Leave, Sick Pay

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Workplace Mass Shootings Are A Reminder That Employers Need Legally Compliant Workplace Gun Policies

Some of the most notable recent mass shootings in the United States have been perpetrated by current or former employees in their workplaces. For example, on April 10, 2023, an employee of a bank in Louisville, Kentucky, who…more

Employer Liability Issues, Employment Policies, Firearms, Mass Shootings, Workplace Safety

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Sharing Scientific Information with HCPs on Unapproved Uses of Medical Products: Dos and Don’ts Under FDA’s New Draft Guidance

In October 2023, the FDA released draft guidance entitled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical Products: Questions and Answers…more

Food and Drug Administration (FDA), Health Care Providers, Healthcare, Information Sharing, Life Sciences

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Illinois Lawmakers Pass Numerous Bills Affecting Employers

In a flurry of activity into the wee hours of June 2, 2021, Illinois legislators concluded a spring session that saw the passage of numerous measures that will affect employers in the state across the span of the employment…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Non-Compete Agreements, Non-Solicitation Agreements

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Navigating Legal Risk in Real Estate Development - Speaking of Litigation Podcast

The old adage about real estate is “location, location, location!” In this Speaking of Litigation podcast episode, however, the central theme shifts to “litigation, litigation, litigation!” as the discussion focuses on the…more

Real Estate Development, Risk Management

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From Whistleblower to Defendant: Understanding the Implications of U.S. ex rel. Cooley v. ERMI, LLC

Recently, a Georgia federal district court permitted an employer’s counterclaims against its former employee-whistleblower to proceed in a False Claims Act (“FCA”) lawsuit after determining that the employer’s amended…more

Breach of Contract, Breach of Duty, Counterclaims, False Claims Act (FCA), Fiduciary Duty

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Potential Restraints on Counterclaims Interposed in a Derivative Suit

Shareholders who sue derivatively on behalf of a corporation are often faced with counterclaims against them as individuals. The issue of whether such counterclaims are properly interposed against a shareholder in their…more

Business Litigation, Counterclaims, Derivative Suit, Fraud, Shareholder Litigation

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[Virtual Conference] The Process of Undergoing a Strategic Medical Practice Transaction: 2021 Physician Transactions Conference - April 27th, 7:30 pm - 8:45 pm ET

A Complimentary Four-Part Webinar Series Geared Towards Educating Physicians and Physician Groups - In light of the COVID-19 pandemic and its ensuing aftermath, more physicians than ever are considering and entering into…more

Closing Documents, Contract Negotiations, Coronavirus/COVID-19, Due Diligence, Health Care Providers

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Video: Health Care's Past, Present, and Future - Diagnosing Health Care Podcast

In celebration of the 50th episode of our Diagnosing Health Care podcast, we’re looking at how the past 50 years of health law will impact health care in the next 50 years. On this episode, Epstein Becker Green attorneys Mark…more

Health Care Providers, Health Insurance, Healthcare Reform, Hospitals, Innovation

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SAMHSA Final Rule Regarding OTPs Expands Access, Increases Flexibility for Patients

On February 1, 2024, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule revising 42 CFR Part 8, which regulates opioid treatment programs (OTPs). The final rule is the first update to the…more

Drug Distribution, Final Rules, Food & Drug Regulations, Health Care Providers, Healthcare

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New Jersey Publishes Proposed Regulations as the Temporary Workers’ Bill of Rights Takes Effect

As we previously reported, on May 8, 2023, the New Jersey Department of Labor and Workforce Development (“NJDOL”) published a web page providing guidance in the form of Frequently Asked Questions (the “FAQs”) to assist employers…more

Employee Rights, Employees, Employer Liability Issues, Labor Reform, New Jersey

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New Coverage, Delivery, and Payment for Health-Related Social Needs Services Under New York’s Approved 1115 Medicaid Waiver Amendment

On January 9, 2024, the Centers for Medicare & Medicaid Services (CMS) approved New York’s recent 1115 demonstration waiver. Among other things, this most recent demonstration waiver provides significant federal funding to…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, New York, Social Security Act

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Kentucky Law to Expand Assault in the Third Degree Beyond Healthcare Providers at Hospitals to Include Clinic, Dental, Outpatient Facility Employees, and More

We recently wrote about proposed Oregon legislation that would have addressed workplace violence in healthcare settings but failed to move forward in the legislature due to concerns about a provision that would have made assault…more

Employees, Employer Liability Issues, Health Care Providers, Healthcare, Healthcare Workers

See all updates »

Red Pencil, Blue Pencil, or Something In Between? Ohio Court of Appeals Declines to Modify Overbroad Non-Competition Agreement

Ohio has long recognized the enforceability of non-compete agreements. Broadly speaking, a court can do one of three things with an unenforceable non-compete agreement: (1) the court can apply the “red pencil” doctrine and…more

Blue Pencil Contract Modification, Contract Terms, Employee Mobility, Employer Liability Issues, Employment Contract

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Sharing Scientific Information with HCPs on Unapproved Uses of Medical Products: Dos and Don’ts Under FDA’s New Draft Guidance

In October 2023, the FDA released draft guidance entitled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical Products: Questions and Answers…more

Food and Drug Administration (FDA), Health Care Providers, Healthcare, Information Sharing, Life Sciences

See all updates »

Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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NYC ESSTA’s New Private Right of Action Gives Employers a Reason for Action … to Review Safe and Sick Leave Policies

In the latest paid leave law development out of New York, the New York City Council amended the City's Earned Safe and Sick Time Act (ESSTA) to create a private right of action…more

Earned Sick Time, Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals

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New London Connecticut Superior Court Jury Awards $839,423 Verdict for Theft of U.S. Navy Underwater Drone Project Trade Secrets

A New London Connecticut Superior Court jury awarded an $839,423 verdict in November 2019, involving theft of trade secrets for a $70 million U.S. Navy underwater drone project. This case, LBI, Inc. v. Sparks, et al.,…more

Cloud Storage, Confidential Information, Contract Terms, Drones, Electronically Stored Information

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New Jersey Passes Comprehensive Consumer Privacy Law

On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill No. 332, “An Act concerning online services, consumers, and personal data” (“SB 332”).  New Jersey is the fourteenth state to pass a comprehensive…more

Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management, Data Privacy

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Updated Requirements for Informed Consent: HHS Issues New Guidance on Sensitive Exams

On April 1, 2024, the U.S. Department of Health and Human Services (“HHS”) released new guidance which requires hospitals to obtain informed consent from patients before practitioners, or medical or other students, perform…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Reform

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Warning - Transaction Delays Expected. State Notice Requirements Ahead for Health Care M&A!

An increasing number of states are requiring advance notice of health care transactions.  These requirements may delay transactions or result in confidential information becoming accessible to the public. Effective August 1,…more

Acquisition Agreements, Antitrust Provisions, Competition, Disclosure Requirements, Health Care Providers

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#WorkforceWednesday: Latest Developments – Restrictive Covenants in the Health Care Industry - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we’re discussing the current state of restrictive covenants in the health care industry: Restrictive covenants are…more

Confidential Information, Employment Contract, Health Care Providers, Hiring & Firing, Intellectual Property Protection

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Emerging Issues Affecting Blockchain and Cryptocurrency

Last week, blockchain analysis firm, Chainalysis, held its annual conference, Links 2023, in New York City, where private and public sector leaders met to discuss emerging issues impacting the blockchain, cryptocurrency, and…more

Blockchain, CFTC, Cryptocurrency, Cybersecurity, Digital Assets

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New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay Claims and Governor Hochul Proposes Amendments to Limit Recovery of Liquidated Damages for Frequency of Pay Claims

On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law…more

Employees, Employment Litigation, Labor Law Violations, New York, NY Supreme Court

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Navigating Legal Risk in Real Estate Development - Speaking of Litigation Podcast

The old adage about real estate is “location, location, location!” In this Speaking of Litigation podcast episode, however, the central theme shifts to “litigation, litigation, litigation!” as the discussion focuses on the…more

Real Estate Development, Risk Management

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“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast

As the spotlight on high-profile judgments intensifies, terms such as “libel,” “slander,” and “defamation” permeate public discourse. Former U.S. presidents, A-list celebrities, and even college professors and local business…more

Defamation, First Amendment, Free Speech, Reputation Management

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Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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Abortion Rights to Be Codified in Ohio State Constitution

On November 7, 2023, the citizens of the state of Ohio voted to codify reproductive rights, including the right to abortion, in the state constitution. In 2019, Ohio banned nearly all abortions once fetal cardiac activity…more

Abortion, Constitutional Amendment, Dobbs v. Jackson Women’s Health Organization, Equal Protection, Healthcare

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Bicycles, Trains, and Automobiles: Illinois to Require Employers to Offer Pre-Tax Transportation Fringe Benefits

On July 28, 2023, Governor J.B. Pritzker signed into law House Bill No. 2068, “Transportation Benefits Program Act” (“Illinois Transit Law”), which requires employers to offer pre-tax transportation fringe benefits (“Transit…more

Compensation & Benefits, Employee Benefits, Employees, Fringe Benefits, Illinois

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#WorkforceWednesday: Navigating Physician Non-Compete Litigation - Employment Law This Week® - Spilling Secrets Podcast

Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter to…more

Contract Terms, Employer Liability Issues, Employment Contract, Health Care Providers, Non-Compete Agreements

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Union Organizing at Retail and Food Service Businesses Gets Boost from New York City “Labor Peace” Executive Order

Summary of the Executive Order - New York City retail and food service unions got a boost recently when Mayor Bill de Blasio signed an Executive Order titled “Labor Peace for Retail Establishments at City Development…more

Covered Employer, Employer Mandates, Executive Orders, Federal Contractors, Restaurant Industry

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Making Moves – FDA’s LDT Proposed Rule Sent to OMB for Review

As of Monday March 4, 2024—just three months after the end of its comment period on December 4, 2023—FDA’s rule on regulation of laboratory developed tests (“LDTs”) as medical devices is under review by the Office of Information…more

Food and Drug Administration (FDA), Laboratories, Medical Devices, OIRA, OMB

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Time Is Money: A Quick Wage-Hour Tip on ... Holiday Pay

With limited exceptions, California law does not require employers to provide employees with a premium rate of pay for working during holidays or paid days off for holidays unless contractually obligated to do so. However, many…more

California, Employees, Employer Liability Issues, Employment Contract, Employment Policies

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FDA Issues Final Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors

On August 15, 2023, the U.S. Food and Drug Administration (“FDA”) released final guidance on informed consent for clinical investigations (“Final Guidance”). This update follows FDA’s draft guidance, which was issued in July…more

Clinical Trials, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare, Informed Consent

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New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay Claims and Governor Hochul Proposes Amendments to Limit Recovery of Liquidated Damages for Frequency of Pay Claims

On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law…more

Employees, Employment Litigation, Labor Law Violations, New York, NY Supreme Court

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FDA and OHRP Issue Joint Draft Guidance on Content, Organization, and Presentation of Consent Forms for Research Participants

On March 1, 2024, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Health and Human Services’ (HHS’s) Office for Human Research Protections (OHRP) released a draft guidance titled “Key Information and…more

Clinical Trials, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Medical Research, Office for Human Research Protections (OHRP)

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ONC’s “Information Blocking Enhancements” Under the HTI-1 Rule Are in Effect

On Monday, March 11, 2024, the Office of the National Coordinator for Health Information Technology’s (ONC) Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information…more

Algorithms, Final Rules, Health Care Providers, Health Information Technologies, Healthcare

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The Ground Continues to Shift in Wage and Hour Law

A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would soon…more

Arbitration, Barack Obama, Class Action Arbitration Waivers, Department of Labor (DOL), Employee Definition

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HHS Publishes Proposed “Disincentives Rule” to Prevent Information Blocking by Health Care Providers

The U.S. Department of Health and Human Services (HHS)—through the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC)—recently published a proposed…more

21st Century Cures Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Health Information Technologies

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2023 Labor and Employment Highlights: Key Legal Developments, Trends, and Insights - Employment Law This Week®

In this special year-end episode, recorded live from our 42nd Annual Workforce Management Briefing in New York City, Epstein Becker Green attorneys discuss the biggest employment law trends and crucial workforce changes in 2023,…more

Artificial Intelligence, Data Privacy, Employer Liability Issues, Employment Policies, Hiring & Firing

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New Coverage, Delivery, and Payment for Health-Related Social Needs Services Under New York’s Approved 1115 Medicaid Waiver Amendment

On January 9, 2024, the Centers for Medicare & Medicaid Services (CMS) approved New York’s recent 1115 demonstration waiver. Among other things, this most recent demonstration waiver provides significant federal funding to…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, New York, Social Security Act

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Act Now Advisory: Amendment to New Jersey Law Against Discrimination Provides Protection for Employees Investigating Pay Inequity

A recent amendment to the New Jersey Law Against Discrimination ("NJLAD") prohibits employers from retaliating against employees who request certain information from co-workers regarding their salary, benefits, or other job…more

Anti-Discrimination Policies, Discrimination, Employee Benefits, NLRA, Request For Information

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Podcast: Telehealth Post-Public Health Emergency – What to Expect in 2024 – Diagnosing Health Care

What trends in state laws and regulations have emerged in the post-public health emergency (PHE) era, and how do these changes impact telehealth stakeholders? At the federal level, many telehealth-related flexibilities have…more

Coronavirus/COVID-19, Health Care Providers, Physicians, Popular, Public Health

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NJ Workers Involved in Labor Disputes Now Qualify for Increased Access to State Unemployment Benefits

On April 24, 2023, just ten days after Rutgers University faculty ended their week-long strike, Governor Murphy signed bill A4772/S3215 providing workers with increased access to unemployment insurance benefits during labor…more

Employee Rights, Labor Disputes, Labor Reform, New Jersey, New Legislation

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Forecast for Telehealth Fraud and Abuse Risk in 2021 - Diagnosing Health Care Podcast

This Diagnosing Health Care episode examines the fraud and abuse enforcement landscape in the telehealth space and considers ways telehealth providers can mitigate their enforcement risks as they move into the new year. Hear how…more

Enforcement Actions, Fraud and Abuse, Health Care Providers, Healthcare Fraud, Risk Mitigation

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New Coverage, Delivery, and Payment for Health-Related Social Needs Services Under New York’s Approved 1115 Medicaid Waiver Amendment

On January 9, 2024, the Centers for Medicare & Medicaid Services (CMS) approved New York’s recent 1115 demonstration waiver. Among other things, this most recent demonstration waiver provides significant federal funding to…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, New York, Social Security Act

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2024 Update: Regulators Use “Carrots and Sticks” to Incentivize Healthcare Sector Cybersecurity Compliance

Healthcare organizations continue to be prime targets of cyberattacks. It is well-established that cyberattacks can lead to financial loss, reputational damage, and, in some cases, risks to patient care and safety. The recent…more

Audits, Compliance, Cybersecurity, Data Protection, Data Security

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Time Is Money: A Quick Wage-Hour Tip on … California Workplace Poster Requirements and Their Application to Remote Employees

Handbooks are developed to outline policies and procedures employees must abide by in the workplace.  But a handbook serves a dual, equally important purpose:  to act as an operable defense against workplace claims brought by…more

California, Employee Handbooks, Employees, Employer Liability Issues, Employment Policies

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Five More Employee Benefits and Executive Compensation Topics to Address in the New Year - Take 5 Newsletter

From year to year (and sometimes week to week), there never seems to be a shortage of issues and questions for employee benefit plan sponsors and fiduciaries, as well as compensation committees, to address in order to maintain…more

401k, Benefit Plan Sponsors, Choice-of-Law, COBRA, Compensation & Benefits

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Product Launching in the Era of COVID-19 - Diagnosing Health Care Podcast

This Diagnosing Health Care episode looks at the adjustments to business operations and compliance programs that pharmaceutical and medical device companies need to consider as they launch new products during the ongoing…more

Clinical Trials, Coronavirus/COVID-19, Health Care Providers, Life Sciences, Manufacturer Liability

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CMS Announces New Primary and Behavioral Health Care Integration Demonstration Model

On January 18th, the Centers for Medicare & Medicaid Services (CMS) announced a new demonstration model called the Innovation in Behavioral Health (IBH) Model, which is designed to improve outcomes for adults with mental health…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), CMMI, Health Insurance, Healthcare

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#WorkforceWednesday: Bracket-Busting Trade Secret and Non-Compete Disputes in Sports - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we take a deeper look at trade secrets and non-compete cases in the wide world of sports: As college basketball…more

Antitrust Provisions, Confidential Information, Employment Contract, Intellectual Property Protection, March Madness

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New York HERO Act Enhanced Workplace Safety Committee Enforcement Provisions Enacted

On December 28, 2022, New York Governor Kathy Hochul signed into law Senate Bill 9450, which added new enforcement provisions to the New York Health And Essential Rights Act’s (NY HERO Act) workplace safety committee…more

Coronavirus/COVID-19, Health and Essential Rights (HERO) Act, Health and Safety, Infectious Diseases, New York

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DOJ’s FY 2022 False Claims Act Recoveries: A Mixed Bag

On February 7, 2023, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2022, which ended on September 30, 2022. While total recoveries exceeded $2.2…more

Department of Justice (DOJ), Enforcement Priorities, False Claims Act (FCA), Life Sciences

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Seventh Circuit Holds That USERRA May Require Paid Leave During Short-Term Military Leave

Among other provisions, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) mandates that covered employers generally must provide employees on USERRA leave with the same “rights and benefits”…more

Employer Liability Issues, Employment Discrimination, Employment Policies, Hiring & Firing, Military Leave

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Fifth Circuit Redresses NLRB’s Tesla Decision but the Board Remains Undaunted

After a flurry of pro-employee National Labor Relations Board (“NLRB”) decisions, the Fifth Circuit gave employers a glimmer of hope, rejecting the Board’s recent rule issued in Tesla, Inc., 371 NLRB No. 131 (2022) that…more

Dress Codes, Labor Law Violations, Labor Relations, NLRA, NLRB

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Supreme Court Significantly Restricts Affirmative Action in Higher Education – Employers Take Note

The Supreme Court delivered its highly anticipated consolidated decision last week in the two affirmative action cases on its docket, Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair…more

Affirmative Action, Civil Rights Act, College Admissions, Diversity, Educational Institutions

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Red Pencil, Blue Pencil, or Something In Between? Ohio Court of Appeals Declines to Modify Overbroad Non-Competition Agreement

Ohio has long recognized the enforceability of non-compete agreements. Broadly speaking, a court can do one of three things with an unenforceable non-compete agreement: (1) the court can apply the “red pencil” doctrine and…more

Blue Pencil Contract Modification, Contract Terms, Employee Mobility, Employer Liability Issues, Employment Contract

See all updates »

FDA Releases Proposed Rule on National Standards for Drug Wholesaler Licensure

On February 4, 2022—more than six years after the deadline imposed by statute—the U.S. Food and Drug Administration (“FDA”) issued a proposed rule titled “National Standards for the Licensure of Wholesale Drug Distributors and…more

Food and Drug Administration (FDA), Life Sciences, Manufacturer Liability, Pharmaceutical Industry, Pharmacies

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DOL Publishes New FLSA and FMLA Posters

It’s time for covered employers to update their Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) posters. The U.S. Department of Labor (DOL) has issued an updated FLSA Minimum Wage Poster to reflect…more

Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Minimum Wage

See all updates »

Update: Alabama Legislature Moves to Shield IVF from “Personhood” Ruling

In response to the recent turmoil caused by the Alabama Supreme Court’s February 16th ruling in LePage et al., v. The Center for Reproductive Medicine et al. and Burdick-Aysenne et al., v. The Center for Reproductive Medicine et…more

Alabama, Criminal Liability, Genetic Materials, Healthcare, Human Embryos

See all updates »

Immediate Action Required: Make the Swift Switch to the New Form I-9

As we previously reported, this summer, the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Homeland Security (DHS) announced significant updates to enhance the employment verification process. In…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

See all updates »

New Jersey’s “Road Back”: Rules of the Road, Exits Reached, and the Way Ahead

In March 2020, New Jersey Governor Phil Murphy issued Executive Orders 104 and 107, closing or restricting all but certain designated “essential” businesses, and generally requiring residents to stay at home (unless engaging in…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders, Governor Murphy, Infectious Diseases

See all updates »

CMS Wins on Partial Appeal—D.C. Circuit Court Rules Against United’s Initially Successful Challenge to the Medicare Part C Overpayment Rule

On August 13, 2021, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), in a much-anticipated decision, unanimously reversed rulings by the U.S. District Court for the District of Columbia (“District…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Medicaid

See all updates »

NLRB Adopts Expedited Election Rules, Effective April 15, 2015

After a series of false starts, on December 12, 2014, the National Labor Relations Board (“NLRB” or “Board”) adopted a 733-page final rule (“Final Rule”) that will significantly change the Board’s longstanding union election…more

Final Rules, NLRB, Quickie Election Rules, Union Elections, Unions

See all updates »

They Finally Hit Refresh: After More Than a Year of Delays, It Is Time to Officially Welcome WCAG 2.2

After more than five years in the making (and nearly a full year of delays), on Thursday, October 5, 2023, the World Wide Web Consortium (the “W3C”), the private organization focused on enhancing online user experiences,…more

Disability Discrimination, Public Accommodation, Regulatory Requirements, W3C, Web Content Accessibility Guidelines (WCAG)

See all updates »

Disclosure List of Federal Contractor EEO-1 Reports Posted – Deadline to Object Extended to March 3, 2023, including for First-Time Objectors

As we previously reported, the US Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) announced back in August 2022, that it had received a Freedom of Information Act (“FOIA”) request from the Center…more

EEO-1, Federal Contractors, FOIA, OFCCP, Wage and Hour

See all updates »

#WorkforceWednesday: Bracket-Busting Trade Secret and Non-Compete Disputes in Sports - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we take a deeper look at trade secrets and non-compete cases in the wide world of sports: As college basketball…more

Antitrust Provisions, Confidential Information, Employment Contract, Intellectual Property Protection, March Madness

See all updates »

Time Is Money: A Quick Wage-Hour Tip on … Complying With California’s Wage Statement Requirements

California plaintiffs’ lawyers typically bring every type of wage-hour claim they can. Increasingly, however, they have focused on one type of claim – wage statement violations…more

Employer Liability Issues, State Labor Laws, Wage and Hour, Wage Statements

See all updates »

Update: Alabama Legislature Moves to Shield IVF from “Personhood” Ruling

In response to the recent turmoil caused by the Alabama Supreme Court’s February 16th ruling in LePage et al., v. The Center for Reproductive Medicine et al. and Burdick-Aysenne et al., v. The Center for Reproductive Medicine et…more

Alabama, Criminal Liability, Genetic Materials, Healthcare, Human Embryos

See all updates »

2023 Labor and Employment Highlights: Key Legal Developments, Trends, and Insights - Employment Law This Week®

In this special year-end episode, recorded live from our 42nd Annual Workforce Management Briefing in New York City, Epstein Becker Green attorneys discuss the biggest employment law trends and crucial workforce changes in 2023,…more

Artificial Intelligence, Data Privacy, Employer Liability Issues, Employment Policies, Hiring & Firing

See all updates »

In Genesis Case, South Carolina District Court Scraps HRSA Interpretation of “Patient” Under 340B Statute

On November 3, 2023, the United States District Court for the District of South Carolina issued its decision in the long-running dispute between Genesis Health Care Inc., a federally qualified health center and 340B-covered…more

Covered Entities, Drug Pricing, Health Care Providers, Healthcare, HRSA

See all updates »

FDA Releases Draft Guidance on New Dietary Ingredient Notification Procedures, Timelines

On March 5, 2024, the Food and Drug Administration (FDA) issued its “Dietary Supplements: New Dietary Ingredient Notification Procedures and Timeframes: Guidance for Industry” (“Final Guidance”). The purpose of the Final…more

Dietary Supplements, Food & Drug Regulations, Food and Drug Administration (FDA), New Guidance, Notification Requirements

See all updates »

Podcast: 2023 Deal Cycle - Considerations for Transactions in Uncertain Economic Times - Diagnosing Health Care

The Federal Reserve’s steady increase of interest rates and the slowed economic growth have increased fiscal pressure on health care providers, leaving many to look for ways to bridge budget shortfalls through injections of…more

Economic Growth, Federal Reserve, Health Care Providers, Healthcare, Interest Rates

See all updates »

#WorkforceWednesday: Remote and Hybrid Work Policies, COVID-19 Positivity, NLRB/FTC Team Up on Non-Competes - Employment Law This Week®

This week, we look at the business, legal, and tax implications of making decisions on a trend that’s here to stay: remote work. Important Considerations for Remote and Hybrid Work Policies (see video attached) Employers…more

Coronavirus/COVID-19, Double Taxation, Employer Liability Issues, Employment Policies, Popular

See all updates »

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about…more

Adverse Employment Action, Connecticut, Disability Discrimination, Drug Testing, Employee Rights

See all updates »

Maryland Expected to Expand Pay Transparency Requirements in Fall 2024

Maryland is poised to join the growing list of jurisdictions that have enacted pay transparency requirements for job postings, which includes jurisdictions such as California, Colorado, Hawaii, Illinois, New York, Washington…more

Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants, Labor Reform

See all updates »

What to Do When Your Distribution Checks Stop Arriving

For months, if not years, you received distribution checks from the business in which you own an interest. The funds came without question and like clockwork. You relied on them. Then suddenly, they stopped coming. Is this the…more

Business Disputes, Corporate Governance, Distribution Rules, Dividends, Limited Liability Company (LLC)

See all updates »

#WorkforceWednesday: Invention Ownership - Why the Tense Matters in Employee IP Provisions - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we uncover the essential steps employers should take to secure employees’ trade secrets from day one of their…more

Confidential Information, Employment Contract, Intellectual Property Protection, Inventions, IP License

See all updates »

Podcast: Post-Dobbs - One Year Later - Diagnosing Health Care

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization one year ago overturned 50 years of legal precedent protecting the constitutional right to abortion in the United States, leaving the question of…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Health Care Providers, Patient Access, Pregnancy

See all updates »

Stark Law Updates Aimed at Advancing the Transition to Value-Based Care: CMS Issues a Final Rule Creating New Exceptions for Value-Based Arrangements

On December 2, 2020, the Centers for Medicare & Medicaid Services (“CMS”) and the Office of Inspector General (“OIG”) of the Department of Health and Human Services (“HHS”) published in the Federal Register companion final rules…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Department of Health and Human Services (HHS), Health Care Providers

See all updates »

New York State Senate Passes Bill to Ban Noncompete Agreements

New York State may soon join the growing list of jurisdictions restricting or banning noncompete agreements. On June 7, 2023 the New York State Senate passed S 3100A (the “Bill”), which would prohibit employers from seeking,…more

Employer Liability Issues, Employment Contract, Hiring & Firing, Labor Reform, Legislative Agendas

See all updates »

Podcast: Antitrust Updates – Changes Affecting Merger Review and Enforcement in 2024 and Beyond – Diagnosing Health Care

From wholesale revisions of the merger guidelines to significant amendments to the Hart-Scott-Rodino premerger notification forms, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have proposed significant…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Health Care Providers, Hospital Mergers

See all updates »

Striking a Balance: The Supreme Court and the Future of Chevron Deference

In its frequent attempts to enforce the separation of powers that the Constitution’s framers devised as a system of checks and balances among the executive, legislative, and judicial branches of the federal government, it is…more

Administrative Agencies, Administrative Interpretation, Administrative Procedure Act, Chevron Deference, Constitutional Challenges

See all updates »

#WorkforceWednesday: Invention Ownership - Why the Tense Matters in Employee IP Provisions - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we uncover the essential steps employers should take to secure employees’ trade secrets from day one of their…more

Confidential Information, Employment Contract, Intellectual Property Protection, Inventions, IP License

See all updates »

Injunctions for All – Speaking of Litigation Podcast

Conjunction “injunction,” what’s your function? Preliminary injunctions and temporary restraining orders can prove useful in a counsel’s attempt to preserve evidence, prove irreparable harm, protect trade secrets, stop…more

Injunctions, Injunctive Relief, Litigation Strategies, Preliminary Injunctions

See all updates »

#WorkforceWednesday: Navigating Physician Non-Compete Litigation - Employment Law This Week® - Spilling Secrets Podcast

Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter to…more

Contract Terms, Employer Liability Issues, Employment Contract, Health Care Providers, Non-Compete Agreements

See all updates »

FDA Issues Final Guidance on Informed Consent for IRBs, Clinical Investigators, and Sponsors

On August 15, 2023, the U.S. Food and Drug Administration (“FDA”) released final guidance on informed consent for clinical investigations (“Final Guidance”). This update follows FDA’s draft guidance, which was issued in July…more

Clinical Trials, Food & Drug Regulations, Food and Drug Administration (FDA), Healthcare, Informed Consent

See all updates »

Corporate Transparency Act Brings Expansive New Federal Reporting Requirements for Entities in 2024

Beginning January 1, 2024, certain legal entities and their beneficial owners will face significant new reporting requirements in the United States.   Under the Corporate Transparency Act (including the corresponding rules, the…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes

See all updates »

California Finalizes SB 184 Pre-Transaction Notice Requirements for “Material Change” Health Care Transactions

On December 18, 2023, the California Office of Administrative Law approved the emergency regulations promulgated by the Office of Health Care Affordability (OHCA) that set forth the procedural framework for (i) the…more

California, Health Care Providers, Health Insurance, Healthcare, Healthcare Reform

See all updates »

FDA Releases Draft Guidance on New Dietary Ingredient Notification Procedures, Timelines

On March 5, 2024, the Food and Drug Administration (FDA) issued its “Dietary Supplements: New Dietary Ingredient Notification Procedures and Timeframes: Guidance for Industry” (“Final Guidance”). The purpose of the Final…more

Dietary Supplements, Food & Drug Regulations, Food and Drug Administration (FDA), New Guidance, Notification Requirements

See all updates »

SAMHSA Final Rule Regarding OTPs Expands Access, Increases Flexibility for Patients

On February 1, 2024, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule revising 42 CFR Part 8, which regulates opioid treatment programs (OTPs). The final rule is the first update to the…more

Drug Distribution, Final Rules, Food & Drug Regulations, Health Care Providers, Healthcare

See all updates »

DOJ’s FY 2023 Statistics: Highest Number of Settlements, Judgments, and Civil Investigative Demands in History and a Continued Health Care Focus

On February 22, 2024, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2023, which ended on September 30, 2023. While the $2.68 billion in total…more

Civil Investigation Demand, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

See all updates »

#WorkforceWednesday: Union Reps at OSHA Inspections, New COVID-19 Guidance, and Minimum Wage Updates - Employment Law This Week®

This week, we’re learning more about the Occupational Safety and Health Administration’s (OSHA’s) final rule on safety inspections, new COVID-19 guidance from the Centers for Disease Control and Prevention (CDC), and minimum…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, OSHA, Wage and Hour

See all updates »

Last Call for Comments on Bipartisan Discussion Draft SUSTAIN Act: Shaping 340B for the Future

Only a few days remain for stakeholders—which includes drug manufacturers, patients, health care providers, pharmacies and others— to take advantage of a rare opportunity to influence the statutory contours of the 340B Drug…more

Children's Health Insurance Program (CHIP), Comment Period, Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers

See all updates »

President Biden Revokes Trump Administration’s Workplace Diversity Training Restrictions

On his first day in Office, President Biden issued Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (“Executive Order”), stating that “[i]t is . . . the…more

Biden Administration, Diversity, Diversity and Inclusion Standards (D&I), Employee Training, Executive Orders

See all updates »

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employee Privacy Rights

See all updates »

Corporate Transparency Act Brings Expansive New Federal Reporting Requirements for Entities in 2024

Beginning January 1, 2024, certain legal entities and their beneficial owners will face significant new reporting requirements in the United States.   Under the Corporate Transparency Act (including the corresponding rules, the…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Corruption, Financial Crimes

See all updates »

Navigating Legal Risk in Real Estate Development - Speaking of Litigation Podcast

The old adage about real estate is “location, location, location!” In this Speaking of Litigation podcast episode, however, the central theme shifts to “litigation, litigation, litigation!” as the discussion focuses on the…more

Real Estate Development, Risk Management

See all updates »

Rhode Island’s 2023 Legislative Session Ends with the Passage and Defeat of Significant Employment Proposals

Summer in the Ocean State brings with it familiar novelties: the beach, clam cakes, and the end of the General Assembly’s legislative session. In this Insight, we summarize three employment-related bills that Rhode Island…more

Employer Liability Issues, Gig Economy, Independent Contractors, Labor Reform, New Legislation

See all updates »

Time Is Money: A Quick Wage-Hour Tip on … New York’s New Rule on Contractors’ Liability for Subcontractor Employee Wages

The doctrine “joint employer” liability has received significant attention in recent months, including on this blog. Under the Fair Labor Standards Act, an employee may be deemed to have multiple employers—each of whom would be…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Joint Employers, Wage and Hour

See all updates »

Biden Administration Prioritizes Health Equity in Proposed Reforms to Medicare Managed Care

The Centers for Medicare & Medicaid Services (CMS) recently issued the Medicare Advantage (MA) and Part D proposed rule for contract year 2024 (the “Proposed Rule”), which represents the Biden administration’s broadest effort to…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Hospitals

See all updates »

Importance of Negotiating Assignment and Subletting Provisions in Health Care Leases

In our ongoing series of blog posts, we examine key negotiating points for tenants in triple net health care leases. We also offer suggestions for certain lease provisions that will protect tenants from overreaching and unfair…more

Assignments, Commercial Leases, Contract Negotiations, Healthcare, Landlords

See all updates »

CMS Announces Comprehensive Plan to Ensure EMTALA Compliance

CMS’s New Actions Related to EMTALA - On January 22, 2024, the Department of Health and Human Services (HHS) announced that, through the Centers for Medicare & Medicaid Services (CMS), it will launch a comprehensive plan…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), EMTALA, Health Care Providers, Healthcare

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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