Epstein Becker & Green, P.C.

250 Park Avenue
New York, NY 10177, United States

Contact: David McClintock

  • 212-351-4500
  • 212-878-8600

HEAL Advisory: How Big Is Halbig? The Potential Effects of This Major Ruling Are Numerous and Significant

On July 22, 2014, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fourth Circuit issued conflicting opinions on a key aspect of the Affordable Care Act ("ACA"). The cases are Halbig v…more
| Civil Procedure, Labor & Employment Law, Health, Insurance, Taxation

Act Now Advisory: NLRB's Macy's Decision Raises Questions About Best Strategies for Combating Union Efforts to Organize Micro-Bargaining Units

In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for unions…more
| Labor & Employment Law

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are…more
| Labor & Employment Law, Health

Benefits Litigation Update - Summer 2014

In this issue: - Recent Supreme Court Decisions Revise Rules for Stock Drop Cases - Hobby Lobby and the Questions Left Unanswered - Post-Amara Landscape Continues to Evolve - Supreme Court to Decide…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Health, Securities Law

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
| Business Organizations, Civil Procedure, Civil Rights, Labor & Employment Law, International Law & Trade

Medicare's Proposed Home Health Rule for 2015: CMS Suggests Only Limited Relief to the Face-to-Face Encounter Documentation Requirements but Continued Compliance Burdens on Home Health Agencies

On July 7, 2014, the Centers for Medicare & Medicaid Services ("CMS") published proposed changes to the Medicare Home Health Prospective Payment System ("HH PPS") for calendar year 2015 ("Proposed Rule"). The Proposed Rule would…more
| Health

Act Now Advisory: Will New York Employers Finally Be Relieved of Annual Reporting Obligations Under the Wage Theft Prevention Act?

A recently proposed amendment ("Amendment") to New York's Wage Theft Prevention Act ("WTPA" or "Act") would provide less burdensome employer reporting obligations but increase penalties under the Act. The Amendment passed the…more
| Labor & Employment Law

DC Circuit Strongly Reaffirms the Applicability of the Attorney-Client Privilege to Internal Compliance Investigations

Especially in the District of Columbia Circuit, the home base for many fraud cases in which the government is opposed to health care providers and defense contractors, there had been considerable doubt that the attorney-client…more
| Civil Procedure, Commercial Law & Contracts, Government Contracting

More of the Same: Recently Released FDA Social Media Guidance for the Life Sciences Industry

On June 17, 2014, the U.S. Food and Drug Administration ("FDA") continued to outline its expectations for pharmaceutical and medical device manufacturer use of social media platforms to promote manufacturers' products in two new…more
| Administrative Law, Communications & Media Law, Health, Science, Computers, & Technology

Act Now Advisory: Reminder: Newark's Paid Sick Leave Ordinance Took Effect on Saturday, June 21

On June 21, 2014, the Newark, New Jersey, paid sick leave ordinance ("Ordinance") took effect. The Ordinance, which we summarized in a previous Act Now Advisory, imposes notice and posting requirements on employers…more
| Labor & Employment Law

HEAL Advisory: Challenges to IRS Regulations Allowing Subsidies in Federally-Established Exchanges Under the ACA: Federal Court Rulings Are Expected Soon

Challenges to federal health reform implementation continue to make their way through the federal courts, with court rulings expected shortly. Employers are especially advised to monitor challenges to the federal regulations…more
| Civil Procedure, Labor & Employment Law, Health, Taxation

HEAL Advisory: Recent Decision Casts More Uncertainty Over New York Executive Order 38's Cap on Executive Compensation

With so many questions surrounding the implementation of the New York State ("NYS" or "State") Governor's Executive Order 38 cap on executive compensation (and administrative expenses), most stakeholders expected clarification…more
| Commercial Law & Contracts, Elections & Politics, Labor & Employment Law, Health

CMS's Final Exchange and Insurance Market Standards Impact Qualified Health Plan Filings for 2015 and Beyond

On May 16, 2014, the Centers for Medicare & Medicaid Services ("CMS") released a final rule titled "Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond" ("Final Rule")…more
| Labor & Employment Law, Health, Insurance, Science, Computers, & Technology

Supreme Court Declines to Opine on Circuit Split Over Rule 9(b) Pleading Requirements for FCA Claims

On March 31, 2014, in U.S. ex rel. Nathan v. Takeda Pharmaceuticals North America, the Supreme Court of the United States declined to review a decision by the U.S. Court of Appeals for the Fourth Circuit upholding a district…more
| Civil Procedure, Health, Science, Computers, & Technology

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

In its "Strategic Enforcement Plan for FY 2013-2016," the federal Equal Employment Opportunity Commission ("EEOC" or "Agency") identifies "Preserving Access to the Legal System" as one of its six core priorities. The Agency…more
| Civil Rights, Labor & Employment Law
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Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
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  • Class Action
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  • Communications & Media Law
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Other U.S. Locations
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  • New York
  • Texas
Number of Attorneys

100+ Attorneys

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