News & Analysis as of

Fox Rothschild’s National Survey on Restrictive Covenants Released

Although the Broker Protocol has alleviated some concerns, many firms still find themselves wrestling with the vagaries of restrictive covenants when dealing with their employees. Fox Rothschild has produced this revised and...more

How Much Do You Spend on Cybersecurity…and on What? reported that according to an International Data Corporation (IDC) forecast, by 2020, spending on security-related hardware, software, and services will eclipse $100 billion. However, consulting company NTT Com...more

Encouraging Findings from SCCE Survey on Compliance Effectiveness

A long-term review of our collective efforts in ethics and compliance shows that programs are not just managing compliance incidents but also preventing them....more

Agree or Somewhat Likely to Agree – the Pros and Cons of Employee Feedback Surveys

Employee engagement is a vital component to any business. Having your employees focused on the strategic aims of your company, and not distracted by an unsatisfying work environment is key. Employers have long used employee...more

Survey Of Federal Government IT Personnel Finds Big Data Analytics Enhances Cybersecurity; Challenges Persist

On August 29, 2016, MeriTalk, a public-private partnership that works on government Information Technology (“IT”) issues, released a report titled “Navigating the Cybersecurity Equation.” The report examines how federal...more

Asset Protection Wake Up Call: Data Security Top Concern for High Net Worth Investors

A recent study asked high net worth investors which of the following issues they were most concerned about: terrorism, data security, or a major illness. The most prevalent response might surprise you. Seventy-two percent...more

CMS Cracks Down On Social Media Abuse By Nursing Home Staff

On August 5th the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to all state survey agencies requiring that during the next standard survey of a nursing home, whether a Traditional or Quality Indicator...more

401(k) Plan Participants want help, give it to them

Charles Schwab announced their 2016 401(k) participant survey and it states the obvious: 401(k) participants need help. Less than half (43%) of participants know how much they should save for retirement. Fewer that...more

Let the Games Begin: Exterro Launches its 2016 Law Firm Benchmarking Survey

The Olympic Games are a celebration of world unity through sport while allowing teams to measure their athletic abilities against other competitors, as well as previously recorded standards. The Olympic motto is “Citius,...more

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

Regulatory scrutiny of online hotel booking continues

The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As part of a joint monitoring project with the European Commission,...more

District Court Permits Survey Evidence to Support Lost Profits Damage Theory

The defendants', Roland DGA Corporation and Roland DG Corporation (collectively "Roland"), filed a motion for summary judgment against plaintiff, Gerber Scientific International, Inc. ("Gerber") regarding Gerber's claims for...more

Additional Opioid Policy Changes Announced: What You Need to Know

Despite the July 4 holiday, the past week featured significant regulatory and legislative action addressing the use of opioids and pain management. The changes are in keeping with the Government-wide push to better understand...more

FINRA Study of Financial Literacy: Many Investors May Not Have It

In July 2016, FINRA’s Investor Education Foundation released the findings from its National Financial Capability Study. The study suggests that, while in some ways Americans have increased their financial literacy, too...more

Banking “Smarts” For Financial Transactions Via Smartphone Technology

Mobile banking is quickly gaining momentum as the most important form of interaction between customers and their banks, and, by some accounts, is expected to become neck-in-neck with online banking and ATM use this year. Each...more

AAMC Releases 2016 Medicaid GME 50-State Survey

The Association of American Medical Colleges (AAMC) recently released the latest update of its periodic report, Medicaid Graduate Medical Education Payments: A 50-State Survey. The Survey, which has been updated to reflect...more

So Misunderstood: E-Discovery Hits Adolescence

I don't know anyone who wants to go back to middle-school. The name says it all: it's the no-man's-land of age groups, stuck between the innocent bliss of childhood and the rat race of adulthood. People expect you to act like...more

Guest Post from Patrick Henz — Compliance Indicators

Most compliance presentations and documents mention at some point the Transparency International Corruption Perception Index (CPI), as it is by far the best known corruption index. Of course, unlike weight, temperature or...more

Why Cars Crash

The Study - A 2015 study, from the U.S. Department of Transportation, has revealed that drivers are responsible for roughly 94% of motor vehicle crashes. From the middle of 2005 through the end of 2007, the National...more

Survey of Pharmaceutical IPRs Filed By Generic Drug Company Petitioners

We have reviewed a sub-group of 111 IPRs filed by generic drug companies against pharmaceutical patents to assess outcomes and trends. While our survey was not intended to capture every IPR filed by a generic drug company, it...more

EMR company settles with FTC for posting physician surveys that contained health information on its website

Cloud-based electronic medical record (EMR) company Practice Fusion has agreed to settle an enforcement action with the FTC that alleges that it misled consumers when it solicited reviews of their doctors. The FTC alleges...more

Manatt on Health Reform: Weekly Highlights - June 2016

Oregon decides to stick with’s enrollment platform; North Dakota re-examines Medicaid expansion as 2017 sunset approaches; and Vermont establishes a special enrollment period for pregnancy....more

Parks’ Allegations Against “Finest” Franks Not In the “Ball Park” of False Advertising Claims

On May 10, 2016, Judge Joseph F. Leeson, Jr. of the Eastern District of Pennsylvania granted summary judgment on false advertising and trademark claims in favor of defendant Tyson Foods, Inc. and a subsidiary, the makers of...more

The Rosenbaum Law Firm Review - June 2016

The New Fiduciary Rule: What It Means To Plan Sponsors - Bottom line: what does it mean? More than a dozen years ago, there was a medical report that dental plaque could cause heart disease. I thought it was some...more

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more

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