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Medicare 340B Drug Payment Policy Survives Legal Challenge; Hospitals Say, It's Not Over

by Baker Ober Health Law on

A federal court has handed CMS an initial legal victory enabling drastic cuts in Medicare Part B payment to take effect for separately payable drugs and biologicals purchased by hospitals under the 340B Drug Discount Program...more

Four-Term Governor Jerry Brown: One Last Budget

This week, California Governor Jerry Brown, beginning the final year of his unprecedented four terms as governor, unveiled his 16th and last state budget proposal, which projects a $6.1 billion surplus, mostly a result of...more

FOIL Request Denials Could Come with a Cost to NYS Agencies and Municipalities

by Harris Beach PLLC on

State agencies and New York State municipalities must have a reasonable basis to deny Freedom of Information Law (“FOIL”) requests or they will be subjected to mandatory attorney’s fees when a denial is successfully...more

CFPB and State Consumer Financial Protection Year in Review

In 2017 we saw the first significant resistance to and change in what had been uniformly aggressive action by the Bureau of Consumer Financial Protection to enforce consumer financial protection laws, with resistance and...more

FERC Rejects Department of Energy's Bid for Coal, Nuclear Subsidies

by Holland & Knight LLP on

• The Federal Energy Regulatory Commission (FERC) has voted to terminate a Notice of Proposed Rulemaking stemming from Department of Energy (DOE) Secretary Rick Perry's September 2017 proposal to initiate new pricing rules. ...more

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

by Dechert LLP on

Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes - Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more

FERC Rejects DOE Proposal for Special Compensation for Coal and Nuclear Generators

by Husch Blackwell LLP on

On January 8, 2018, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order terminating the rulemaking proceeding that it established to address DOE Secretary Rick Perry’s proposed Grid Resiliency...more

WEB EXCLUSIVE December 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...more

Howard’s End of the Week Roundup. January 6, 2017

by Fisher Phillips on

This Week’s Labor, Employment Law and OSHA Legal Developments - • Administration is resubmitting Scott Mugno for OSHA leader and shooting for a January 11 Committee hearing. • The vital US Labor Department Solicitor...more

More on the Trump NLRB and What it Means for Employers

by Foley & Lardner LLP on

In recent weeks we have commented on the spate of new pro-employer decisions from the National Labor Relations Board (the Board). These decisions, among others, have included: Boeing Co., 365 NLRB No. 154 (Dec. 14,...more

President Trump Reinstates the FAA Drone Registration Requirement

By signing the National Defense Authorization Act for 2018, President Donald Trump reinstated the requirement for recreational drone operators to register with the Federal Aviation Administration (FAA). The requirement was...more

NLRB reverses course on joint employers and employee handbooks

by McAfee & Taft on

Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to...more

NLRB Ends Unionizing of Micro-Units

by Payne & Fears on

In the final days of 2017, the National Labor Relations Board (NLRB) nixed yet another Obama-Era decision, overruling a highly controversial decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB 934...more

Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The Trump Administration released the Fall edition of the semi-annual Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan (“Plan”). Federal agencies twice a year produce in combination a...more

Advertising of unapproved therapeutic goods may soon be permitted

by Dentons on

Therapeutic Goods Amendment (2017 Measures No. 1) Bill 2017 and Therapeutic Goods (Charges) Amendment Bill 2017 (collectively, the Bills) propose to bring significant changes to the Therapeutic Goods Act 1989 (the TG Act) and...more

The Battle Over CFPB Leadership Continues

Although the first round in the battle over leadership of the Consumer Financial Protection Bureau went to President Donald Trump’s pick for the position, the fight continues, leaving the CFPB’s ongoing work very unsettled....more

New York Governor Bolsters Freedom of Information Law

by Ballard Spahr LLP on

Champions of government oversight notched a significant win this week as New York Governor Andrew Cuomo signed legislation strengthening that state's Freedom of Information Law (FOIL). ...more

New Labor Board May Kill “Quickie Election” Rule; Requests Public RFI

The NLRB announced December 12, 2017, a Request for Information (“RFI”) on the Board’s 2014 “Quickie Election” representation regulations (at 29 CFR parts 101 and 102). The RFI seeks input on the amendments to representation...more

Labor Board To Scrap Quickie Election Rule? Public Comment Requested

by Fisher Phillips on

In the clearest sign yet that the National Labor Relations Board is ready to shift away from the strong pro-union stance that had been taken for the previous eight years, the agency today announced that it will seek public...more

New NLRB General Counsel Sets New Tone For The "Trump Board"

by Foley & Lardner LLP on

We are now almost a year into the Trump presidency, but we are still grappling with how the administration will address many issues throughout the country. To a certain extent we can never be sure of a clear path, as...more

NLRB GC Boldly Defines Direction of Board Prosecution in New GC Memo

The new NLRB General Counsel Peter Robb has been fast at work. A short two weeks after being sworn in on November 17, 2017, the new General Counsel issued a memorandum making clear his intention to re-examine much of the...more

SEC About-Face, About Time, on ALJs

by Burr & Forman on

On November 29, the SEC did an about-face and admitted its ALJs are “inferior officers” (not merely employees) subject to the Constitution’s Article II appointment provisions. The Solicitor General’s brief on behalf of the...more

Battle of Acting Directors: Round One to Mulvaney

Earlier this week, a federal judge refused to grant a temporary restraining order preventing Mick Mulvaney from assuming the reins of the Consumer Financial Protection Bureau (CFPB) as acting director....more

US Supreme Court Permits Full 'Travel Ban' to Go Into Effect

by Morgan Lewis on

Pending further appeals, the Court’s decisions grant the federal government’s request to enforce President Trump’s September 24 executive order that limits entry into the United States by nationals from eight countries....more

Another Joint Employment Development, And Still More Uncertainty

by Foley & Lardner LLP on

For the last several years, “joint employment” (whatever that now means legally) has been anything but the gift that keeps on giving for employers. First, joint employment became a tool that the previous Administration locked...more

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