Husch Blackwell LLP

The Overturning of Chevron Deference: Implications for AI in Medical Research

In a landmark decision on June 28, 2024, the Supreme Court overturned a 40-year-old legal precedent known as Chevron deference. Established in 1984, Chevron deference mandated that judges defer to federal agencies concerning…more

Administrative Procedure Act, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Clinical Trials

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

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SBA Now Accepting PPP Applications From Businesses With Fewer Than 20 Employees

Starting Wednesday, February 24, the Small Business Administration (SBA) will open a 14-day Paycheck Protection Program (PPP) loan application period exclusively for businesses and nonprofits with fewer than 20 employees..…more

Biden Administration, CARES Act, Coronavirus/COVID-19, Independent Contractors, ITIN

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Court Limits an Early SEC Effort at Cybersecurity Enforcement

On July 18, 2024, Judge Paul A. Engelmeyer of the U.S. District Court for the Southern District of New York issued a 107-page opinion dismissing most of the Securities and Exchange Commission’s (SEC) case against SolarWinds…more

Chief Information Security Officer (CISO), Cyber Attacks, Cybersecurity, Disclosure Requirements, False Statements

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Increased IRS Scrutiny on Use of Personal and Business Aircraft

On February 21, 2024, the Internal Revenue Service (IRS) announced plans to conduct dozens of audits on the use of business aircraft by large corporations, partnerships, and high-income individuals as part of its “campaign” to…more

Aircraft, Audits, Business Expenses, IRS, Large Corporate Filers

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OSHA’s Controversial “Walkaround” Rule Goes into Effect

The Occupational Safety and Health Administration (OSHA) “walkaround” rule went into effect on May 31, 2024. The rule is controversial, to say the least, and even before its effective date, it was targeted by industry and trade…more

Employee Representatives, Inspections, OSHA, Safety Inspections, Third-Party

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Deadline Fast Approaching: New Reporting Requirements for Small Businesses Under the Corporate Transparency Act

The reporting requirement under the Corporate Transparency Act took effect January 1, 2024. Now, most small businesses are required to report beneficial ownership information to the Financial Crimes Enforcement Network of the…more

Anti-Money Laundering, CEOs, Corporate Transparency Act, FinCEN, Limited Liability Company (LLC)

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OSHA’s Controversial “Walkaround” Rule Goes into Effect

The Occupational Safety and Health Administration (OSHA) “walkaround” rule went into effect on May 31, 2024. The rule is controversial, to say the least, and even before its effective date, it was targeted by industry and trade…more

Employee Representatives, Inspections, OSHA, Safety Inspections, Third-Party

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U.S. Supreme Court Establishes Lower Bar for Discriminatory Job Transfer Actions under Title VII

On April 17, 2024, the U.S. Supreme Court unanimously held that allegedly discriminatory job transfers are actionable under Title VII of the Civil Rights Act of 1964, as amended, so long as the transfer caused “some harm” to the…more

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

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Legal Implications Following the FDA’s Release of Data on Talc-Containing Cosmetics, Which Confirm Absence of Asbestos for Third Consecutive Year

In April, the U.S. Food and Drug Administration (FDA) released the results of its 2023 sampling assignment, testing for asbestos in talc-containing products. The results confirmed the absence of asbestos in all 50 samples…more

Asbestos, Cosmetics, Food and Drug Administration (FDA), Health and Safety, Johnson & Johnson

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2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private…more

Commercial Real Estate Market, Coronavirus/COVID-19, Davis-Bacon Act, Department of Labor (DOL), Electric Vehicles

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The Debt Ceiling Standoff and NEPA: New Changes to the NEPA Review Process

An increased borrowing limit for the U.S. was not the only change brought about by the recently enacted Fiscal Responsibility Act of 2023. The National Environmental Policy Act (NEPA) review process was also on the minds of our…more

Debt Ceiling, Environmental Assessments, Environmental Impact Statements, Federal Budget, NEPA

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Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II

In part two of this thought-provoking podcast episode on the tricky business of collective bargaining, Husch Blackwell attorneys Jon Anderson and Adam Doerr share war stories and real-life advice with host Tom Godar. Their…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employer Liability Issues, Labor Regulations, Labor Relations

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Not So Fast: The Supreme Court of the United States Holds District Courts Should Not Dismiss Lawsuits Pending Arbitration

On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding…more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, Judicial Proceedings

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Copyrights Wanted: No Creativity Required

The advent of generative artificial intelligence (AI) has brought renewed attention to copyright law, with much of the early generative AI-related litigation concerning claims of copyright infringement of the content being used…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Registration

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Hold the Sauce! Nebraska Denies Tax Exemption for University Food Court

In the latest skirmish in an ongoing battle between taxing authorities and institutions of higher education, the Nebraska Tax Equalization and Review Commission recently affirmed a decision that denied a property tax exemption…more

Property Tax, Public Purpose, State Tax Equalization Boards, State Taxes, Tax Exemptions

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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Department Of Education Rescinds And Replaces The 2016 Clery Handbook

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires institutional reporting and other warnings and notifications to provide information about campus safety. In achieving…more

Clery Act, Colleges, Department of Education, Security, Universities

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Sixth Circuit Lifts ETS Stay - OSHA Delays Noncompliance Citations

Employers are facing yet another twist in the ongoing saga of the vaccine mandates issued by the Biden Administration earlier this year. On Friday, December 17, 2021, the Sixth Circuit dissolved the Fifth Circuit’s stay of the…more

Coronavirus/COVID-19, Employer Mandates, Executive Orders, Joe Biden, Noncompliance

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New Rules Promotes Patient Access To Personal Healthcare Information

Two new federal rules will make it easier for consumers to access, use and transmit their personal healthcare information using an app on their smartphone or tablet. The regulations implement prior legislation and advance the…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Medicaid, Medicare

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Supreme Court Paves The Way For More State Court Class Actions About Federal Statutes

In reemphasizing the “concrete harm” requirement for Article III standing, the Supreme Court may have raised the hurdle to federal court but exposed defendants to more state court suits..…more

Article III, Class Action, Class Members, Corporate Counsel, Credit Reporting Agencies

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Legal Considerations for Religious Leaders Faced with Religious Exemption Requests

Husch highlights- •In the context of vaccine mandates and religious exemption requests, religious employers and faith leaders continue to receive religious exemption requests relating to vaccine mandates or requests to write…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Documentation, Employer Mandates, Equal Employment Opportunity Commission (EEOC)

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Board Decides Religious Educational Institutions Not Subject To Labor Laws While Supreme Court Grapples With Ministerial Exception

Key Points- •In the June 10, 2020, National Labor Relations Board (Board) decision Bethany College, the Board reversed its own 2014 decision, Pacific Lutheran University, and held that the Board lacks jurisdiction over…more

Educational Institutions, Federal Labor Laws, NLRA, NLRB, Nonprofits

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New FMC D&D Invoicing Rules Are Officially in Effect

The Federal Maritime Commission’s (FMC) Final Rule on Demurrage and Detention Invoicing (Final Rule) is in effect. The Final Rule requires certain minimum information for demurrage and detention (D&D) invoices and provides…more

Bills of Lading, Detention, Federal Maritime Commission, Final Rules, Invoices

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New FMC D&D Invoicing Rules Are Officially in Effect

The Federal Maritime Commission’s (FMC) Final Rule on Demurrage and Detention Invoicing (Final Rule) is in effect. The Final Rule requires certain minimum information for demurrage and detention (D&D) invoices and provides…more

Bills of Lading, Detention, Federal Maritime Commission, Final Rules, Invoices

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Developing an Effective Contract Management Program

Contract management has quickly and importantly developed into an area of focus for in-house counsel and business stakeholders. Effective contract management systems can increase internal accountability and decrease wait times…more

Contract Management, Decision-Making Process, Legal Operations, Legal Project Management, Policies and Procedures

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New Legislation Likely To Spur Increase In Bankruptcy Filings

On August 23, President Trump signed into law two new pieces of legislation—the Family Farmer Relief Act of 2019 and the Small Business Reorganization Act of 2019—that will likely lead to an increase in bankruptcy filings from…more

Agribusiness, Agricultural Sector, Bankruptcy Code, Bankruptcy Reform, Chapter 11

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Covering the Basics: Common Renewable Energy Project Financing Options

As the shift from fossil-based energy production to renewable energy sources continues, growth in renewable energy projects under development has been staggering. But moving projects from early-stage development to commercial…more

Bridge Loan, Early Stage Companies, Energy Projects, Financing, Inflation Reduction Act (IRA)

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Court Limits an Early SEC Effort at Cybersecurity Enforcement

On July 18, 2024, Judge Paul A. Engelmeyer of the U.S. District Court for the Southern District of New York issued a 107-page opinion dismissing most of the Securities and Exchange Commission’s (SEC) case against SolarWinds…more

Chief Information Security Officer (CISO), Cyber Attacks, Cybersecurity, Disclosure Requirements, False Statements

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FERC Approves NERC’s Expanded Registration Requirements

The Federal Energy Regulatory Commission (“FERC”) recently approved the North American Electric Reliability Corporation’s (“NERC”) request to expand registration and compliance requirements to inverter-based resources (“IBRs”)…more

Bulk Electric System, Energy Storage, FERC, NERC, Registration

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50-State Update on Legislation Pertaining to Employer-Mandated Vaccinations - Updated February 23 2022

Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Fines, Healthcare Facilities

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Legal Insights for Manufacturing: Outlook for 2024

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report…more

Acquisitions, Artificial Intelligence, Chief Compliance Officers, Complex Corporate Transactions, Copyright

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New California Class Action Highlights Recent Focus on Autopay Cancellations

Last month, a cardholder filed a class action lawsuit in California against a national bank alleging that the bank failed to inform the consumer that his automatic payment enrollment would be canceled after a period of credit…more

Automatic Enrollment, Bank of America, Banks, California, Class Action

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Nemeth Is the Law – Causation in NYCAL Talc and Asbestos Cases

We previously reported on Nemeth v. Brenntag North America, et al., 38 N.Y.3d 336 (Ct. App. NY Apr. 26, 2022), a landmark case in which the New York’s Court of Appeals reversed a $16,500,000 asbestos jury verdict because the…more

Asbestos, Asbestos Litigation, Causation, Mesothelioma, Summary Judgment

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PPP Loan Audits Could Affect Millions of Borrowers

In March 2020 during the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law establishing, among other things, the Payment Protection Program (PPP) administered by…more

Audits, Borrowers, CARES Act, Coronavirus/COVID-19, Documentation

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Revitalize and Recharge: The Emergent Trend of Adaptogens and Nootropics in Functional Beverages

In an industry full of buzzwords, “adaptogens” and “nootropics” are current stand outs within the beverage industry. The beverage industry experienced a significant shift in consumer preference following the COVID-19 pandemic,…more

Essential Health Benefits, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Products ., Health Claims

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New Developments: Clarification On Extensions Of Benefit Deadlines

On February 26, 2021, the Department of Labor, the Treasury Department and Internal Revenue Service issued clarifying guidance regarding COVID-19-related deadline extensions under the Internal Revenue Code, ERISA, COBRA and…more

COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Disaster Aid, EBSA

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M&A Time And Cost-Saving Measures: Third Party Consents In Project Development

During the course of any acquisition of a renewable energy project, the parties may be required to obtain consents from certain of the counterparties to the project contracts. This will be the case if a project contract includes…more

Anti-Assignment Clauses, Change of Control, Consent, Renewable Energy, Third-Party

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Managing Political Speech in the Workplace

As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far…more

Civil Rights Act, Employment Discrimination, Employment Policies, Freedom of Religion, Human Resources Professionals

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8th Circuit Decision Roundup – June 2024

The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed…more

Americans with Disabilities Act (ADA), Close Proximity Issues, Gender Discrimination, Human Rights, Race Discrimination

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Common Title and Survey Deliverables in Texas Energy Transactions

In Texas, title insurance forms are promulgated by the Texas Department of Insurance (the “TDI”), with policy types, premium amounts, and the issuance of endorsements being regulated by standardized procedural and rate rules…more

Debt Financing, Energy Storage, Renewable Energy, Texas, Title Insurance

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OSHA’s Controversial “Walkaround” Rule Goes into Effect

The Occupational Safety and Health Administration (OSHA) “walkaround” rule went into effect on May 31, 2024. The rule is controversial, to say the least, and even before its effective date, it was targeted by industry and trade…more

Employee Representatives, Inspections, OSHA, Safety Inspections, Third-Party

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Proposed California Legislation on Silicosis Prevention in Manufactured Stone Industry is Withdrawn

In July, a proposed bill named the Silicosis Prevention Act was withdrawn from consideration in California. This proposed bill would have substantially affected the manufactured stone industry by banning dry fabrication…more

California, Manufacturers, Silica, State Labor Laws, Workplace Safety

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FERC Initiates Section 206 Investigation Into RTO “Self Fund” Policy

On June 13, 2024, the Federal Energy Regulatory Commission (FERC) issued an “Order to Show Cause” (Order) under Section 206 of the Federal Power Act to four regional transmission organizations (RTOs) and independent system…more

Federal Power Act, FERC, Interconnections, ISOs, MISO

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Massachusetts Court Awards Trebling of Late Wage Payments as Damages under Wage Act

Many state wage-and-hour laws require that employers adhere to strict time requirements regarding payment of compensation owed upon termination, but the Massachusetts high court recently took that to another level…more

Compensation, Hiring & Firing, MA Supreme Judicial Court, Termination, Vacation Pay

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Guide to Reviewing Your Estate Plan

Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,…more

Documentation, Estate Planning, Estate Tax, Fiduciary, Life Insurance

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Massachusetts Public Health Council Approves Hospital Occupancy Reporting Requirements

On Friday, May 3, 2024, Massachusetts’s Public Health Council (PHC) approved emergency amendments to 105 CMR 130.000 requiring hospitals to report occupancy data to the Department of Public Health. This requirement extends data…more

Coronavirus/COVID-19, Data Reporting, Department of Health and Human Services (HHS), Hospitals, Public Health

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Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX Regulations

On April 19, 2024, the U.S. Department of Education (“Department”) released the long-awaited Final Rule to Title IX. Title IX of the Education Amendments of 1972 is a statute with corresponding regulations that protect people…more

Administrative Procedure Act, Department of Education, First Amendment, Spending Clause, Title IX

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When the Payor is Also the Decisionmaker in ERISA Benefits Lawsuits Under 29 U.S.C. § 1132(a)(1)(B)

When the same health plan administrator both administers a benefit plan and pays the benefits due under the plan, it is considered by courts to have a structural conflict of interest. That conflict of interest is not…more

Benefit Plan Sponsors, Breach of Duty, Conflicts of Interest, Denial of Benefits, Employee Retirement Income Security Act (ERISA)

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Retail Apocalypse Part II? What Trade Creditors and Landlords Can Do To Protect Themselves

At the outset of the Covid-19 pandemic, some commentators were preparing for a mass extinction event in the retail industry, characterized by hundreds of brick-and-mortar store closings, massive job losses, and numerous…more

CARES Act, Chapter 11, Commercial Bankruptcy, Coronavirus/COVID-19, Credit Insurance

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Five Key Insights From The Opportunity Zone Guidance

On October 19, the U.S. Treasury issued guidance regarding the Opportunity Zones program. Created last year as part of the Tax Cuts and Jobs Act, the Opportunity Zones (OZ) incentive encourages investment in certain…more

Capital Gains, Investment Funds, IRS, Low-Income Issues, Opportunity Zones

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Year in Review: Key Regulatory Updates in 2023

The hospice industry saw many regulatory changes in 2023. In this episode of Hospice Insights: The Law and Beyond, Husch Blackwell's Meg Pekarske, Andrew Brenton, and Adam Royal discuss some of the main regulatory changes from…more

Health Care Providers, Home Health Care, Hospice, Long Term Care Facilities, Physicians

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Cannabis Law Now Podcast: Cannabis Companies and the Corporate Transparency Act

The Corporate Transparency Act (CTA) seeks to increase corporate transparency and combat financial crimes in the U.S. such as money laundering and terrorist financing. Enacted in January 2021 as part of the National Defense…more

Agribusiness, Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Cannabis-Related Businesses (CRBs)

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Further SEC And Delaware Guidance On COVID-19 Disclosure And Shareholder Meeting Impacts

The U.S. Securities & Exchange Commission (SEC) has made numerous statements providing additional guidance relating to the COVID-19 public health crisis, and the governor of Delaware has also clarified some points of state law…more

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EEOC Finalizes Workplace Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment, effective immediately. Guidance on this topic had not been updated since 1999. The EEOC received…more

Anti-Harassment Policies, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnant Workers Fairness Act, Protected Class

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Petition Summary: Vanillin from the People’s Republic of China

On June 5, 2024, Solvay USA LLC (“Petitioner”, filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of Vanillin from the People’s Republic of China. SCOPE OF THE INVESTIGATION - The…more

Anti-Dumping Duty, China, Countervailing Duties, Imports, Supply Chain

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Politico’s Bombshell Article on the CDC and COVID Requirements: Five Takeaways For Health Care Leaders

On May 30, 2022, Politico published an article with the headline: America’s Hospital Regulator Wasn’t Designed for a Pandemic.” The crux of the article: “[T]he Centers for Medicare and Medicaid Services is ill-equipped to…more

Audits, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Healthcare

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

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OSHA Pursues Potential Standard for Prevention of Workplace Violence in Healthcare and Social Assistance and Unions Urge Enhancements to Final COVID-19 Safety Standard for Healthcare Workplace

The increase in the frequency of violent confrontations faced by healthcare workers in the workplace is prompting OSHA to pursue a standard for Prevention of Workplace Violence in the Healthcare and Social Assistance industries…more

Bureau of Labor Statistics, Coronavirus/COVID-19, Healthcare Workers, Home Health Care, Nurses

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A Few Reminders About Venue

Whether initiating litigation or defending against a recently filed suit, venue needs to be front of mind. Venue issues have been a popular topic recently as parties have attempted to seek out venues as a means of selecting a…more

Domicile, Judicial Districts, Residency Requirements, Venue, Waivers

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Fed. R. Civ. P. 16.1: MDL Guidance in Products Liability Cases

In 1968, the Multidistrict Litigation Act provided the framework for multidistrict litigation (MDL); where civil actions involve “one or more common questions of fact . . . pending in different districts, such actions may be…more

Case Consolidation, Case Management, Discovery, Federal Rules of Civil Procedure, Multidistrict Litigation

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The Justice Insiders Podcast: Using External Resources for Internal Investigations

Host Gregg N. Sofer welcomes Husch Blackwell’s Christopher Budke and Rick Shimon to the podcast to discuss when, why, and how corporate legal departments should turn to external investigators to execute internal…more

Cooperation, Government Investigations, Internal Investigations, White Collar Crimes

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Survey Woes: CMS Ramps Up Hospice Survey Program and Consequences

Hospices have been the target of increased government scrutiny in 2023, and the Centers for Medicare and Medicaid Services (CMS) is planning to take further aim in 2024 through surveys. Join Husch Blackwell’s Meg Pekarske, Emily…more

Centers for Medicare & Medicaid Services (CMS), Dispute Resolution, Health Care Providers, Home Health Care, Hospice

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Car Break-Ins Expose Shocking Vehicle Vulnerabilities and Spark Multidistrict Litigation: A $200M Settlement Reached by Kia and Hyundai

A Multidistrict Litigation started by a TikTok trend of individuals breaking into cars recently settled for an estimated $200 million. The Plaintiffs alleged that the Defendants—Hyundai and Kia—knowingly sold defective vehicles…more

Automotive Industry, Class Action, Consumer Fraud, Consumer Rights Directive, Hyundai

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IRS Extends 2021 Tax Filing Deadline For Texas Taxpayers Impacted By Winter Storm

Following an announcement from the Internal Revenue Service (IRS) on February 22, 2021, Texas residents and business owners suffering from the February 2021 winter storm will now have until June 15, 2021, to file certain tax…more

Comptroller, FEMA, Filing Deadlines, IRS, Popular

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Planning to Avoid Fiduciary Litigation

When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings and…more

Advance Health Care Directive, Asset Management, Beneficiaries, Duty of Care, Estate Claims

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The Inflation Reduction Act’s Brownfields Adder: Updates on What Sites Qualify

As detailed previously, the Inflation Reduction Act (IRA) offers incentives to renewable energy development that takes place on certain properties that are affected by potential or confirmed contamination. Under the IRA, a 10%…more

ASTM, Brownfield Properties, CERCLA, Energy Projects, Environmental Site Assessment

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A First-Class Ticket to Federal Court?

Michigan Grapples With Airport Authority Over Application of Federal Officer Removal Statute in PFAS Litigation For the last several months, the Gerald R. Ford International Airport Authority (Airport) in Grand Rapids,…more

Airports, Environmental Litigation, Environmental Protection Agency (EPA), Federal Aviation Administration (FAA), Federal Contractors

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Understanding the 2026 Changes to the Estate, Gift, and Generation-Skipping Tax Exemptions

The Tax Cuts and Jobs Act of 2017 provided major changes to the Internal Revenue Code, specifically doubling the federal estate, gift, and generation-skipping transfer (GST) tax exemption (collectively, the exemption) from…more

Dynasty Trust, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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Missouri Last In The Nation To Roll Out Prescription Drug Monitoring Program

Missouri’s Senate advanced Senate Bill 63 this week in a move to become the last state in the Nation to create a Prescription Drug Monitoring Program (“PDMP”). The bill would establish a Joint Oversight Task Force for…more

Controlled Substances, Governor Parson, Pharmaceutical Industry, Prescription Drugs

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Extending Derivative Sovereign Immunity For Government Contractors

The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity under…more

Asbestos, Federal Contractors, General Electric, Liability, Mesothelioma

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Wash. Federal Judge Pokes Hole in New Wave of Vaccine Mandate Challenges

In response to the COVID-19 pandemic, pharmaceutical companies like Pfizer worked diligently to develop safe and effective vaccines. Following the FDA’s approval of these vaccines, many state governments and private…more

Coronavirus/COVID-19, Corporate Counsel, Due Process, Employer Mandates, Equal Protection

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SPACs Offer New Investment Opportunities For Energy Industry

Much has been written and discussed in the last several months about SPACs, or special purpose acquisition companies. What is a SPAC, and what are the possible applications of this capital raising and acquisition strategy in…more

Acquisitions, Energy Sector, Environmental Social & Governance (ESG), Fossil Fuel, Greenhouse Gas Emissions

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CFPB and DOJ Joint Statement Signals Increased Fair Lending Scrutiny for Noncitizen Borrowers

The Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) have issued a new joint statement focused on anti-discrimination in lending practices as they relate to noncitizens. This guidance not only…more

Assessment, Borrowers, Consumer Financial Protection Bureau (CFPB), Credit Discrimination, Department of Justice (DOJ)

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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The Future of Hospital at Home

The Acute Care Hospital at Home model (ACHAH) provides traditional hospital inpatient acute-level services at home. Prior to the pandemic a Centers for Medicare and Medicaid pilot study yielded positive results with respect to…more

Centers for Medicare & Medicaid Services (CMS), Healthcare, Home Health Care, Hospitals, Public Health Emergency

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Preterm Infant Formula Litigation: Key Takeaways from Recent Jury Verdicts

Inflated jury verdicts in the first two preterm infant formula cases tried in the country have raised significant concerns for manufacturers and the broader medical community. These cases not only spotlight the legal challenges…more

Baby Products, Food Manufacturers, Food Safety, Food Supply, Jury Trial

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Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in…more

Accrual Requirements, Collective Bargaining Agreements (CBA), Documentation, Earned Sick Time, MI Supreme Court

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Solar for All Grant Deadlines Approaching Fast

Governments, tribes, and nonprofits wanting to improve solar energy infrastructure have a new tool in their toolkit. On June 28, 2023, the EPA published the Notice of Funding Opportunity (NOFO) for the Solar for All grant…more

Charitable Donations, Environmental Protection Agency (EPA), Federal Funding, Grants, Greenhouse Gas Emissions

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COVID-19 Hospice How-To Series: Taking Advantage of the Temporary Quality Reporting Data Submission Relief

On March 22, 2020, the Centers for Medicare and Medicaid Services (“CMS”) temporarily lifted the requirements for hospices to submit Hospice Item Set (“HIS”) data and hospice Consumer Assessment of Healthcare Providers and…more

Coronavirus/COVID-19, Health Care Providers, Hospice, Infectious Diseases

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Advancing Military Mental Health

Research into psychedelic-assisted therapy receives funding in the National Defense Authorization Act for Fiscal Year 2024. In an epoch marked by rapid innovation in mental health treatments, a paradigm shift is on the…more

Clinical Trials, Mental Health, Military Service Members, NDAA, Plant Based Products

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Copyrights Wanted: No Creativity Required

The advent of generative artificial intelligence (AI) has brought renewed attention to copyright law, with much of the early generative AI-related litigation concerning claims of copyright infringement of the content being used…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Registration

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Surplus Funds from Tax Sales are a Property Interest

On May 25, 2023, the U.S. Supreme Court held that a Minnesota county’s retention of the excess proceeds from sale of a homeowner’s property to satisfy a tax lien violated the Takings Clause. This decision recognizes that surplus…more

Abandonment, Asset Seizure, Eminent Domain, Fifth Amendment, Forfeiture

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Temporary Emergency Rate Increases For the Nursing Facility Program (Attestation Form)

On June 24, 2020, Texas Health and Human Services Commission (HHSC) published guidance, in the form of an information letter, to Nursing Facility (NFs) Providers (“Providers”), detailing the approval of Temporary Emergency Rate…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Medicaid, Medicare

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IRS Takes Aim at High Earners, Large Partnerships, and Corporations Using AI

When the Inflation Reduction Act was passed last year, the legislation included massive funding increases for the Internal Revenue Service (IRS). The initial narratives regarding the funding increases focused primarily on…more

Artificial Intelligence, Audits, Balance Sheets, Federal Funding, Inflation Reduction Act (IRA)

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Massachusetts Department of Public Health Announces New Initiative to Advance Racial Equity

At the March 13, 2024 Public Health Council meeting, the Department of Public Health’s inaugural Assistant Commissioner for Health Equity, Dr. Hafsatou Diop, MD, MPH, presented DPH’s Strategic Plan to Advance Racial Equity…more

Equity, Healthcare, Public Health, Racial Bias, State Health Departments

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Congress Moves Forward on Lithium-Ion Battery Legislation

As the demand for clean energy and transportation grows, so does the need for rechargeable batteries. Lithium-ion batteries are widely used, from small toys to electric cars to large energy storage systems. While some…more

Batteries, Consumer Product Safety Commission (CPSC), Department of Transportation (DOT), Fires, Lithium Batteries

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Eastern District of Texas Invalidates Parts of Implementing the No Surprises Act

On July 26, 2022, Judge Jeremy Kernodle of the Eastern District of Texas affirmed that certain parts of the Interim Final Rule Part II implementing the No Surprises Act (the Act) were invalid. This ruling is nearly identical to…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Interim Final Rules (IFR), Surprise Medical Bills, Texas

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FERC Issues New Landmark Transmission Rule Requiring Long-Term Planning

At its May 13, 2024 open meeting, the Federal Energy Regulatory Commission (FERC) approved a groundbreaking final rule—Order No. 1920 —requiring public utilities to undertake new long-term regional transmission planning over a…more

Energy Sector, FERC, Interconnections, OATT, Public Utility

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Has Recent Automobile Innovation Impacted Automobile Manufacturers’ Avenues of Defense?

Vehicles are more complex now, than ever, offering incredible and exciting technology, including self-driving features. But as innovation continues to rapidly change the automotive industry, can we expect the same innovation to…more

Automated Transportation, Automotive Industry, Connected Cars, Driverless Cars, Innovative Technology

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Rep And Warranty Insurance Has Growing Popularity In PE Deals

Private equity buyers have become a significant player in the healthcare M&A space and they continue to focus on those types of healthcare services that have the greatest opportunities for aggregating. Traditional health system…more

Acquisitions, Mergers, Private Equity, Representations and Warranties Insurance

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Turning Over a New Leaf: Ho-Chunk Nation Decriminalizes Cannabis

A whopping 7 in 10 Americans favor the legalization of cannabis, according to Gallup, as more states are slated to legalize adult use cannabis, or at least decriminalize it, this year. Indigenous nations, such as Wisconsin’s…more

Controlled Substances Act, DEA, Decriminalization of Marijuana, Marijuana, State Bans

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Toxic Tort Monitor – January 2018

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in…more

Abuse of Discretion, Appeals, Asbestos Litigation, BNSF Railway Co v Tyrrell, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County

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Deadline Fast Approaching: New Reporting Requirements for Small Businesses Under the Corporate Transparency Act

The reporting requirement under the Corporate Transparency Act took effect January 1, 2024. Now, most small businesses are required to report beneficial ownership information to the Financial Crimes Enforcement Network of the…more

Anti-Money Laundering, CEOs, Corporate Transparency Act, FinCEN, Limited Liability Company (LLC)

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Supreme Court Rejects an Objective Standard for False Claims Act Inquiries

The False Claims Act imposes liability for false and fraudulent claims a defendant submitted with the requisite state of mind, or scienter. Before the Supreme Court handed down its June 1, 2023, decision in the combined…more

Drug Pricing, False Claims Act (FCA), Healthcare, Pharmaceutical Industry, Pharmacies

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OCR Releases Fact Sheet on School Districts’ Obligations under Title VI

On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment,…more

Anti-Discrimination Policies, Anti-Harassment Policies, Civil Rights Act, Department of Education, Educational Institutions

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SB 224 Adopted: Missouri Discovery Rules Follow Federal Footsteps

In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes to…more

Amended Rules, Depositions, Discovery, Discovery Rule, Electronically Stored Information

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Increased IRS Scrutiny on Use of Personal and Business Aircraft

On February 21, 2024, the Internal Revenue Service (IRS) announced plans to conduct dozens of audits on the use of business aircraft by large corporations, partnerships, and high-income individuals as part of its “campaign” to…more

Aircraft, Audits, Business Expenses, IRS, Large Corporate Filers

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False Claims Act Insights - Eureka! Government Investigators Seek Out Research Misconduct

Host Jonathan Porter welcomes Husch Blackwell attorney Karen Courtheoux to the show to discuss the False Claims Act in the context of government-funded research programs that are often carried out under the auspices of…more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Government Investigations

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Federal Court In Washington Holds Risks Of Take-Home Asbestos Exposure Were Not Foreseeable Prior To 1955

In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of secondary asbestos exposure were not foreseeable in and before 1955. Jack v. Borg-Warner Morse TEC, LLC,…more

Asbestos, Asbestos Litigation, Mesothelioma, Take-Home Exposure, Toxic Exposure

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HHS Changes HIPAA Privacy Rule to Restrict the Disclosure of Reproductive Health Care Information

On April 26, 2024, the U.S. Department of Health and Human Services (“HHS”) issued a final rule (the “Final Rule”) along with guidance updating the Health Insurance Portability and Accountability Act (“HIPAA”) regulations at 45…more

Department of Health and Human Services (HHS), Duty of Confidentiality, Health Insurance Portability and Accountability Act (HIPAA), PHI, Popular

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Significant Change in Medicare Enrollment Risk Categories for SNFs

The Affordable Care Act mandated that the Centers for Medicare and Medicaid Services (“CMS”) establish risk categories for Medicare enrollment, which are used by CMS to determine what level of scrutiny to give provider…more

Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Enrollment, Fingerprints, Medicare

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EPA’s e-RIN Program Stalls

The U.S. Environmental Protection Agency (“EPA”), which administers the federal renewable fuels program known as the Renewable Fuel Standards (“RFS”), has been grappling with the best approach to incorporating electric vehicles…more

Biofuel, Electric Vehicles, Environmental Protection Agency (EPA), Renewable Energy, Renewable Fuel

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BREAKING: DEA Will Reschedule Cannabis to a Schedule III Drug

The biggest legal shift in the cannabis industry in decades just occurred on the heels of the Drug Enforcement Administration’s (DEA) proposal for cannabis rescheduling. Specifically, as many anticipated, the DEA will exercise…more

Controlled Substances Act, DEA, Decriminalization of Marijuana, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part II

Labor Law Insider host Tom Godar continues his engaging conversation with Insiders Mary-Ann Czak and Terry Potter as they assess the challenges employers face from numerous recent policy reversals offered by the National Labor…more

Employer Liability Issues, Employment Policies, Labor Reform, Labor Regulations, Labor Relations

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Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Construction Industry, Coronavirus/COVID-19

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BIS Issues New Guidance to Combat Russia Diversion Risks and Highlights Recent Enforcement Actions

Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued new guidance to exporters intended to further assist BIS in its efforts to crack down on third-party diversion to Russia. Specifically,…more

Bureau of Industry and Security (BIS), China, Entity List, Iran, Military End Use

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Inflation Reduction Act Imposes New Tax on Buybacks

The Repurchase of Corporate Stock provision of the Inflation Reduction Act of 2022 (IRA), often called the stock-buyback provision, imposes a one percent excise tax on the repurchase or redemption of stock by covered…more

Excise Tax, Fair Market Value, Inflation Reduction Act (IRA), Share Buybacks, Stock Redemption

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Texas Legislature Clarifies Public Information Act Requirements

Effective September 1, 2023, Texas governmental entities have 30 days after the attorney general releases an opinion determining information is public and must be disclosed to release the information or notify the requestor of…more

Government Entities, Public Information, Request For Information, State Attorneys General, Texas

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U.S. Privacy Litigation Update: August 2024

Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at the…more

CIPA, Consumer Privacy Rights, Corporate Counsel, Data Privacy, Data Protection

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House Narrowly Passes H.R. 2811 Targeting Energy-Related Tax Credits

In an effort to trade an increase in the debt ceiling for spending cuts, the Republican-controlled U.S. House of Representatives has narrowly passed H.R. 2811, dubbed the Limit, Save, Grow Act of 2023. The legislation seeks…more

Biofuel, Debt Ceiling, Energy Projects, Inflation Reduction Act (IRA), Renewable Energy

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Exploring Trust Account Exposure to Bank Failure

Prompted by recent news coverage detailing the collapse of Silicon Valley Bank and Signature Bank New York, some of our clients have asked us the question: What is my exposure in the event of bank failure? In response to this…more

Beneficiaries, Deposit Insurance, FDIC, Revocable Trusts, Transfer on Death Deed (TOD)

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Update on California Health Care: Cost and Market Impact Regulations

On May 16, 2024, the California Office of Health Care Affordability (“OHCA”) released proposed emergency regulations to update its existing rules for the reporting of certain health care transactions to OHCA for consideration of…more

California, Corporate Sales Transactions, Healthcare, Healthcare Facilities, Hospital Mergers

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The Overturning of Chevron Deference: Implications for AI in Medical Research

In a landmark decision on June 28, 2024, the Supreme Court overturned a 40-year-old legal precedent known as Chevron deference. Established in 1984, Chevron deference mandated that judges defer to federal agencies concerning…more

Administrative Procedure Act, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Clinical Trials

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Department Of Education Issues Controversial Guidance On Distribution of Education Stabilization Funds

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act in response to the Novel Coronavirus Disease 2019 (“COVID-19”). See H.R. 748. The CARES Act appropriated approximately $30.75…more

CARES Act, Coronavirus/COVID-19, Department of Education, Educational Institutions, ESEA

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MO Supreme Court Grants J& J’s Writ Of Prohibition In Talc Cancer Case

On Monday, the Missouri Supreme Court issued an order sustaining Johnson & Johnson’s (“J&J”) last-minute Petition for writ of prohibition to stay the trial in Vickie Forrest et al. v. Johnson & Johnson et al., Cause…more

Cancer, Due Process, Johnson & Johnson, MO Supreme Court, Writ of Prohibition

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Landmark Supreme Court Decisions Restrain Federal Administrative Agency Power

“Landmark” perhaps gets applied too often to court decisions these days, but the Supreme Court of the United States this week decided a pair of cases—Loper Bright Enterprises v. Raimondo and Securities and Exchange Commission v…more

Administrative Procedure Act, Article III, Chevron Deference, Chevron v NRDC, Government Agencies

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Supreme Court Rejects an Objective Standard for False Claims Act Inquiries

The False Claims Act imposes liability for false and fraudulent claims a defendant submitted with the requisite state of mind, or scienter. Before the Supreme Court handed down its June 1, 2023, decision in the combined…more

Drug Pricing, False Claims Act (FCA), Healthcare, Pharmaceutical Industry, Pharmacies

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Apple V. Samsung

On May 24, 2018, we received the third (trial) installment in the seven year legal battle between Apple and Samsung over the design of smart phones and related devices. At issue on this go-round was a retrial solely directed to…more

Apple, Apple v Samsung, Cell Phones, Design Patent, iPhone

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Establishing General Personal Jurisdiction for an LLC

To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a federal…more

Citizenship, Diversity Jurisdiction, Jurisdiction, Limited Liability Company (LLC), Personal Jurisdiction

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Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II

In part two of this thought-provoking podcast episode on the tricky business of collective bargaining, Husch Blackwell attorneys Jon Anderson and Adam Doerr share war stories and real-life advice with host Tom Godar. Their…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employer Liability Issues, Labor Regulations, Labor Relations

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Texas Attorney General Reaches Generative AI Settlement

Keypoint: The Texas Attorney General reaches a first-of-its-kind settlement with a healthcare company that provides generative AI products. On September 18, 2024, the Texas Attorney General announced that it had reached a…more

Advertising, Artificial Intelligence, Corporate Counsel, Disclosure Requirements, False Statements

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LIBOR Transition FAQs - UPDATED March 2021

With the use of LIBOR being phased out by the end of 2021 and its prevalence in corporate loans, adjustable-rate mortgages, floating rate notes, securitized products and derivatives products, nearly all lenders and borrowers…more

Adjustable-Rate Mortgage, Alternative Reference Rates Committee (ARRC), Board of Governors, Borrowers, FDIC

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Preterm Infant Formula Litigation: Key Takeaways from Recent Jury Verdicts

Inflated jury verdicts in the first two preterm infant formula cases tried in the country have raised significant concerns for manufacturers and the broader medical community. These cases not only spotlight the legal challenges…more

Baby Products, Food Manufacturers, Food Safety, Food Supply, Jury Trial

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Risk of Using Third-Party Job Posting Sites

Third-party job posting sites such as Indeed, Job Recruiter, etc., can be an easy and efficient way for employers to fill positions with quality candidates; however, Wisconsin employers, including out-of-state employers with job…more

Criminal Convictions, Diversity and Inclusion Standards (D&I), Employment Discrimination, Hiring & Firing, Job Offers

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Congress Moves Forward on Lithium-Ion Battery Legislation

As the demand for clean energy and transportation grows, so does the need for rechargeable batteries. Lithium-ion batteries are widely used, from small toys to electric cars to large energy storage systems. While some…more

Batteries, Consumer Product Safety Commission (CPSC), Department of Transportation (DOT), Fires, Lithium Batteries

See all updates »

Extending Derivative Sovereign Immunity For Government Contractors

The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity under…more

Asbestos, Federal Contractors, General Electric, Liability, Mesothelioma

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Benefits of Succession Planning

Succession planning is a critical process for a business owner that can ensure the long-term sustainability and success of a company. Here are just a few of the benefits that can be gained from a well-structured plan…more

Business Continuity Plans, Business Succession, Business Transfer Agreements, Estate Planning, Family Businesses

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Texas Attorney General Reaches Generative AI Settlement

Keypoint: The Texas Attorney General reaches a first-of-its-kind settlement with a healthcare company that provides generative AI products. On September 18, 2024, the Texas Attorney General announced that it had reached a…more

Advertising, Artificial Intelligence, Corporate Counsel, Disclosure Requirements, False Statements

See all updates »

Establishing General Personal Jurisdiction for an LLC

To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a federal…more

Citizenship, Diversity Jurisdiction, Jurisdiction, Limited Liability Company (LLC), Personal Jurisdiction

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Options for Changing an Irrevocable Trust

As its name implies, an irrevocable trust cannot be revoked by the person who establishes the trust. Typically, an irrevocable trust also cannot be changed by a trustee or beneficiary. The irrevocable nature makes the trust a…more

Beneficiaries, Creditors, Decanting, Estate Planning, Fiduciary Duty

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New Treasury Guidance Silent on Biomass Electricity Credits

On May 29, 2024, the U.S. Treasury Department and the Internal Revenue Service issued a notice of proposed rulemaking (“NPRM”) that includes guidance on two of the Inflation Reduction Act of 2022’s renewable electricity tax…more

Greenhouse Gas Emissions, Investment Tax Credits, IRS, Natural Gas, Net Zero

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Deadline Approaching for Governmental Entities to Apply for DOE Electric Vehicle Charging Infrastructure and Equipment Grants

What grants are available? The Department of Energy is offering over $50 million in grants to state and local governments for electric vehicle (EV) charging infrastructure and equipment…more

Automotive Industry, Charging Stations, Deadlines, Department of Energy (DOE), Electric Vehicles

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Federal Government Issues New ERISA Disclosure Requirements: DOL guidance triggers important responsibilities for both service providers and fiduciaries

On December 30, 2021, the Department of Labor (DOL) issued a temporary enforcement policy and guidance regarding group health plan service provider disclosures under section 408(b)(2) of the Employee Retirement Income Security…more

Consolidated Appropriations Act (CAA), Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Preparing Your Company For Sale or Investment In A Post-COVID-19 World

Now that (some of) the initial shock of the COVID-19 pandemic has worn off, many people are moving from “what happened?” to “what now?” When it comes to M&A or equity investments, uncertainty and risk-shifting have always been…more

Acquisitions, Commercial Real Estate Contracts, Coronavirus/COVID-19, Equity Investors, Mergers

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FTC Non-Compete Ban Enjoined Nationwide

Late Tuesday, August 20, 2024, a Federal Court in Texas issued a decision which enjoins – on a nationwide basis – the FTC’s final rule which would effectively ban all non-competes with limited exceptions. While we expect the FTC…more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), Injunctions, Non-Compete Agreements

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Toxic Tort Monitor – January 2018

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in…more

Abuse of Discretion, Appeals, Asbestos Litigation, BNSF Railway Co v Tyrrell, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County

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340B Update: HRSA Notifies Six Manufacturers That They Are In Violation Of The 340B Statute

Since mid-2020, many pharmaceutical manufacturers have introduced policies that scope their offering of 340B pricing, including limiting contract pharmacy arrangements and requiring covered entities to submit claims data. These…more

Covered Entities, Drug Pricing, HRSA, Manufacturers, Pharmaceutical Industry

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Texas Franchise Tax Updates for 2024

The calendar year 2024 will bring multiple changes to the Texas franchise tax. Taxpayers responsible for entities operating in Texas should be aware of these rules as they plan for their filing and payment obligations in the…more

Franchise Taxes, REIT, State and Local Government, Tax Exemptions, Texas

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D.C. Circuit Court of Appeals Holds Non-Commercial Use of Industry Standards Incorporated into Law Is Fair Use

On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards…more

Appellate Courts, ASTM, Copyright, Copyright Infringement, Distribution Rules

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FTC Finalizes—and Then Pauses—CARS Rule Impacting Dealers, Auto Finance Companies

On December 12, 2023, the Federal Trade Commission (FTC) announced it has finalized the Combating Auto Retail Scams Rule (CARS Rule), which imposes various obligations affecting dealers’ sales practices and will also impact…more

Add-ons, Car Dealerships, CARS Rule, Dealers, Disclosure Requirements

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New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements…more

Foreign Workers, Fraud, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Missouri Joins Growing List of States Legalizing the Adult Use of Recreational Marijuana: What This Means for Missouri Employers

The voters of Missouri have spoken. During the 2022 Midterm Election, voters passed Amendment 3—a ballot measure legalizing the possession, use, and sale of marijuana to adults 21 years of age or older in the Show-Me-State…more

Decriminalization of Marijuana, Employer Responsibilities, Marijuana, Medical Marijuana, Recreational Use

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Construction Stormwater Permitting in Virginia

Virginia developers take note: changes to the Virginia stormwater construction permitting program have been made over the last few years, and more changes are expected in upcoming months. While navigating those changes, Virginia…more

Construction Permits, Department of Environmental Quality, Environmental Policies, Industrial Storm Water Permit, Land Developers

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Green Hydrogen Tax Credit: 45V Answers Expected Soon

The future of the green hydrogen industry in the United States will become a bit clearer in the coming weeks. Comments on the proposed hydrogen tax credits in 26 USC 45V were due by February 26, 2024, and will be discussed at a…more

Carbon Emissions, Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power

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Negotiating Texas Wind Energy Leases: Do Landmen Need a License?

The Texas Attorney General recently issued Opinion KP-0467 (the “Opinion”) addressing “whether a person who negotiates a lease for property for the development of a wind power project on behalf of another, for compensation, must…more

Compensation, Land Owners, Leases, Mineral Exploration, Mining

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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Stockholder Agreements in Focus: Analyzing West Palm Beach Firefighters' Pension Fund v. Moelis & Co.

On February 23, 2024, the Delaware Court of Chancery issued a decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Co. emphasizing the primacy of the board of directors’ responsibility to manage a Delaware…more

Board of Directors, Commercial Contracts, Corporate Governance, Delaware General Corporation Law, Firemen

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Market to Others as You Would Have Others Market to You: FTC Continues Battle Against False and Misleading Reviews and Testimonials

Prudent consumers are encouraged to “check the reviews” before purchasing a product or hiring a particular business to perform a service. However, increasing use of influencer testimonials and review purchase incentives has made…more

Advertising, Endorsements, Fake Reviews, Federal Trade Commission (FTC), Marketing

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Credit Risks Likely to Rise as 2024 Draws to a Close

A strange confluence of geopolitical events, labor unrest, softening consumer demand, and supply-chain logistical issues could leave lumps of coal in the stockings of lenders this holiday season. The story begins in the Red…more

Borrowers, Collateral, Coronavirus/COVID-19, Financing, Forbearance Agreements

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Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX Regulations

On April 19, 2024, the U.S. Department of Education (“Department”) released the long-awaited Final Rule to Title IX. Title IX of the Education Amendments of 1972 is a statute with corresponding regulations that protect people…more

Administrative Procedure Act, Department of Education, First Amendment, Spending Clause, Title IX

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Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in…more

Accrual Requirements, Collective Bargaining Agreements (CBA), Documentation, Earned Sick Time, MI Supreme Court

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Staying Prepared: Hospices and the False Claims Act, Part III - Success in False Claims Act Lawsuits

In this third episode of the Husch Blackwell Hospice Team’s “Hospice and the False Claims Act” series, Meg Pekarske, Bryan Nowicki, Jody Rudman and Brian Flood discuss the process and path of a False Claims Act (FCA) lawsuit…more

False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Hospice

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Remote Court Proceedings Will Continue In Cook County

Remote court proceedings will continue in Cook County due to the COVID-19 pandemic. In July, Judge James Flannery of the Law Division of the Cook County Circuit Court signed General Administrative Order 20-6, providing guidance…more

Case Management, Coronavirus/COVID-19, Discovery, Jury Trial, Remote Hearings

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The Critical Minerals Supply Chain: A Growing Challenge for the U.S.

The global transition to clean energy is accelerating. Belatedly, attention is starting to move to mineral sourcing, particularly whether the necessary critical minerals will be available in the United States. A recent Aspen…more

Clean Energy, Energy Sector, Environmental Policies, Minerals, Mining

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Eleventh Circuit Eviscerates TCPA Class Action Settlement

On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in consolidated…more

ATDS, Auto-Dialed Calls, Class Action, Do Not Call List, Facebook

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Missouri Enacts New Commercial Finance Disclosure Law

Missouri is now part of the growing list of states who have introduced commercial finance disclosure requirements. Additionally, the statute – Section 427.300 of Missouri Senate Bill 1359 – contains substantial requirements,…more

Brokers, Commercial Loans, Disclosure Requirements, Financial Services Industry, Financing

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The Justice Insiders Podcast - AI-Washing: Everything Old Is New Again

Host Gregg N. Sofer welcomes Husch Blackwell attorney Rebecca Furdek back to the show to discuss recent government inquiries and enforcement actions concerning products and services related to artificial intelligence (AI). Gregg…more

Artificial Intelligence, Compliance, Cooperation, Corporate Misconduct, Enforcement Actions

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Let’s Get Hitched: Florida Supreme Court Expands Interpretation of “Surviving Spouse” Under the Florida Wrongful Death Act

In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26 (2015),…more

Asbestos, Common Law Claims, Damages, FL Supreme Court, Loss of Consortium

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Updated: Making Sense of Chicago's Paid Leave Ordinance

In the late night hours of November 9, 2023, the City of Chicago passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, a first-of-its-kind piece of legislation requiring employers to provide up to 40 hours of…more

Accrual Requirements, City of Chicago, Covered Employees, Local Ordinance, Paid Leave

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Insights from the 2019 Renewable Fuels Association National Ethanol Conference

The Renewable Fuels Association National Ethanol Conference (NEC) concluded on February 13. During the last few quarters, ethanol margins have been at the lowest levels in many years resulting in reduced production and the…more

Biodiesel, Biofuel, Ethanol, Renewable Fuel

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Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants

On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the…more

Jurisdiction, MO Supreme Court, Monsanto, Venue, Writ of Mandamus

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OSHA Invites Feedback on Proposed Rule for Protecting Workers from Excessive Heat: Employers Should Remember the NLRA and LMRA

The Occupational Safety and Health Administration plans to propose a new rule requiring employers to protect employees exposed to high temperatures at work. This federal government regulation is the first of its kind to provide…more

Bureau of Labor Statistics, Corporate Counsel, Department of Health and Human Services (HHS), General Duty Clause, Health and Safety

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PAGA Reforms: Not a Panacea but Significant Relief for California Employers

On July 1, 2024, California Governor Gavin Newsom signed two legislative bills (AB 2288, amending Labor Code Section 2699; and SB 92, amending Section 2699.3) into law, effective July 1, 2024. The new law significantly reforms…more

California, Damage Caps, Employment Litigation, Governor Newsom, Injunctive Relief

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CMS Imposes First Price Transparency Rule Penalties

The Price Transparency Rule (the Rule) became effective on January 1, 2021. By October 2021, the Centers for Medicare & Medicaid Services (CMS) had issued warnings to over 300 hospitals deemed not in compliance with the Rule…more

Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Health Care Providers, Hospitals, Noncompliance

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Employers Have Limited Extension For Payment Of Social Security Taxes

Pursuant to the CARES Act, many employers took advantage of the ability to defer payment of the employer portion of certain social security taxes that were otherwise due during 2020. Some have asked questions about whether these…more

CARES Act, Consolidated Appropriations Act (CAA), Employer Liability Issues, Moratorium, Social Security Taxes

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Washington Court of Appeals Applies Common Sense Limits on Consenting to Personal Jurisdiction

Where a case is filed can sometimes be as important as the facts of the case itself. The Washington Court of Appeals, recently revisited specific jurisdiction in the context of consent in Bradley v. Globus Medical, Inc…more

Appeals, Appellate Courts, Lack of Jurisdiction, Personal Jurisdiction, Washington

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Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Construction Industry, Coronavirus/COVID-19

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Wisconsin Supreme Court Strikes Down Wisconsin's Safer At Home Order

Yesterday, the Wisconsin Supreme Court ruled that Wisconsin’s Safer at Home Order, Emergency Order #28 was unenforceable for two reasons: The order is invalid (1) because it is an administrative “rule” that was not promulgated…more

Department of Homeland Security (DHS), Educational Institutions, Executive Orders, Shelter-In-Place, Void and Unenforceable

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Texas Jury Renders $10 Million Verdict in Novel Corporate Practice of Medicine Case

Following two weeks of trial testimony, a Travis County jury recently rendered a $10 million verdict in a novel corporate practice of medicine (CPOM) case. The jury found in favor of a physician hospitalist group that claimed a…more

Appeals, Contract Terms, Corporate Practice of Medicine, Healthcare, Hospitals

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PPP Loan Audits Could Affect Millions of Borrowers

In March 2020 during the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law establishing, among other things, the Payment Protection Program (PPP) administered by…more

Audits, Borrowers, CARES Act, Coronavirus/COVID-19, Documentation

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City of St. Louis Issues Draft Incentives Framework

After months of analysis, the St. Louis Development Corporation (SLDC) recently published its long-awaited Summary of Incentives Analysis and Draft Future Incentives Framework (the Framework)…more

Capital Investments, Construction Project, Environmental Remediation Costs, State and Local Government, Tax Abatement

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USDA Publishes New Meat and Poultry Labeling Guidance

On August 28, 2024, the U.S. Department of Agriculture (USDA) released an updated guidance document regarding the substantiation of all animal-raising and environment-related claims on meat and poultry packaging. This new…more

Advertising, Agricultural Sector, Animal Health, False Statements, Food Labeling

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DOL Proposes Substantial Increase in Salary Threshold Levels for Overtime Exemptions

On August 30, 2023, the Department of Labor (DOL) issued a proposed rule regarding the Fair Labor Standards Act (FLSA) overtime exemptions, most notably increasing the standard salary threshold for the so-called “white collar”…more

American Samoa, Bonuses, Compensation, Department of Labor (DOL), Employee Assistance Programs

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Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II

In part two of this thought-provoking podcast episode on the tricky business of collective bargaining, Husch Blackwell attorneys Jon Anderson and Adam Doerr share war stories and real-life advice with host Tom Godar. Their…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Employer Liability Issues, Labor Regulations, Labor Relations

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Taking Permitting to New Heights: New Eagle Take Permit Rule’s Impact on Project Developers and Operators

Last month, in 89 FR 9920, the U.S. Fish and Wildlife Service (“USFWS”) published a final rule revising the eagle take permit (“ETP”) process. USFWS believes the new rule will encourage more participation in the ETP program and…more

Bald and Golden Eagle Protection Act, Conservation, Energy Sector, Incidental Take Permits, Migratory Bird Treaty Act (MBTA)

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New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements…more

Foreign Workers, Fraud, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Texas Legislature Clarifies Public Information Act Requirements

Effective September 1, 2023, Texas governmental entities have 30 days after the attorney general releases an opinion determining information is public and must be disclosed to release the information or notify the requestor of…more

Government Entities, Public Information, Request For Information, State Attorneys General, Texas

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Provider Relief Fund Update: HHS Changes Reporting And Use Of Funds Deadlines

On June 11, 2021, the U.S. Department of Health and Human Services (HHS) issued new guidance on Provider Relief Fund (PRF) reporting and the deadline for providers to use their funds. Provider recipients can now begin submitting…more

Department of Health and Human Services (HHS), Filing Deadlines, Health Care Providers, Hospitals, Provider Relief Fund

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Colorado's New Employment Laws: What to Know

The 2024 Colorado legislative session concluded on May 8, 2024. Consistent with last year’s session, the 74th General Assembly ended with a number of new employment-related laws passing. Enacted legislation will enhance employee…more

Artificial Intelligence, Biometric Information, Colorado, Consumer Privacy Rights, Disability Benefits

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Planning to Avoid Fiduciary Litigation

When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings and…more

Advance Health Care Directive, Asset Management, Beneficiaries, Duty of Care, Estate Claims

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Legal Implications Following the FDA’s Release of Data on Talc-Containing Cosmetics, Which Confirm Absence of Asbestos for Third Consecutive Year

In April, the U.S. Food and Drug Administration (FDA) released the results of its 2023 sampling assignment, testing for asbestos in talc-containing products. The results confirmed the absence of asbestos in all 50 samples…more

Asbestos, Cosmetics, Food and Drug Administration (FDA), Health and Safety, Johnson & Johnson

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Fifth Circuit Concludes FLSA 2019 Minimum Salary Rule Falls Within Department of Labor's Authority

We previously wrote about the U.S. Department of Labor’s 2024 overtime rule that raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA). We explained that this rule was bound to face legal…more

Department of Labor (DOL), EAP, Exempt-Employees, Fair Labor Standards Act (FLSA), Job Duties

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Minnesota Legislature Passes Consumer Data Privacy Act

Keypoint: The Minnesota bill contains several unique requirements and provisions, including a novel right to question the result of a profiling decision, privacy policy provisions that increase interoperability with existing…more

Anti-Discrimination Policies, Artificial Intelligence, Consumer Privacy Rights, Data Privacy, Data Protection

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False Claims Act Insights - Help! I Got a Civil Investigative Demand from DOJ. What Do I Do?

Host Jonathan Porter welcomes Husch Blackwell’s Catherine Hanaway to explore the government’s use of civil investigation demands (CIDs) within the context of False Claims Act investigations. The CID is a powerful and broad tool,…more

Civil Investigation Demand, Department of Justice (DOJ), False Claims Act (FCA), Government Investigations

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2024 NCAA Compliance Report: College Athletics in Transition

In last year’s report, we discussed House v. National Collegiate Athletic Association—the third case in a trilogy filed by current and former student-athletes who claim the NCAA, as well as the Power 5 conferences, violated…more

College Athletes, Colleges, Compensation, Employees, Name and Likeness

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Not So Fast: The Supreme Court of the United States Holds District Courts Should Not Dismiss Lawsuits Pending Arbitration

On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding…more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, Judicial Proceedings

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SEC Heightens Issuers' Share Repurchase Disclosure Requirements

On May 3, 2023, the Securities and Exchange Commission (SEC) adopted amendments to the disclosure requirements relating to issuers’ repurchases of their equity securities. As outlined below, the amendments require additional…more

10b5-1 Plans, Closed-End Funds, Disclosure Requirements, Foreign Private Issuers, Regulation S-K

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Increasing Hospital Reimbursement by Paying to the Upper Payment Limit

This post is the first in a series dedicated to Colorado’s Medicaid finance and payment systems, challenges faced by those programs, and opportunities for expansion. The Colorado Healthcare Affordability and Sustainability…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Colorado, Disproportionate Share Adjustments, Federal Funding

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Hospice Insights: Check the Mail: Are You Getting a 4% Rate Cut?

It’s that time of year again when HIS and CAHPS non-compliance letters are sent out. While it can be an uphill battle, all may not be lost if you receive a notice of non-compliance. Join Husch Blackwell's Meg Pekarske as she…more

Health Care Providers, Healthcare Facilities, Home Health Care, Hospice, Long Term Care Facilities

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FAQ: CARES Act SBA Loan Programs - UPDATED February 2021

Congress's coronavirus financial relief package, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was the largest economic relief bill in United States history and supported individuals and businesses affected by…more

Borrowers, Business Expenses, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

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Transcript Withholding and Debt Collection: Colleges and Universities Losing Some Leverage under Trending State Laws

Update: On September 29, 2022, the Consumer Financial Protection Bureau issued Supervisory Highlights Student Loan Servicing Special Edition, finding that blanket college and university policies of withholding transcripts from…more

Colleges, Consumer Financial Protection Bureau (CFPB), Debt Collection, Financial Services Industry, Student Loans

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Massive Changes to Illinois BIPA Cases—Claims Now Accrue Per Scan Going Back As Far As Five Years

On February 2, 2023, the Illinois Supreme Court ruled in Tims et al. v. Black Horse Carriers, Inc. that all cases filed pursuant to the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of…more

Biometric Information, Biometric Information Privacy Act, Damages, Employer Liability Issues, IL Supreme Court

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Latest Updates on Legal Challenges to FTC Non-Compete Clause Rule: Federal Courts Split on FTC Non-Compete Ban

As discussed in our previous article, the Federal Trade Commission’s (“FTC”) newly enacted Non-Compete Clause Rule (“Rule”) is set to go into effect on September 4, 2024, by its own terms. The Rule would virtually ban all…more

Chamber of Commerce, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Preliminary Injunctions

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A Higher Power: Physician obligations to report another physician’s conduct under Wyoming law

Wyoming physicians are sometimes confronted with the awkward and difficult choice of whether to bring a colleague’s potentially unprofessional, unethical, or harmful conduct to light by making a report to a hospital’s peer…more

EMTALA, Ethical Standards, HCQIA, Healthcare, National Practitioner Data Bank (NPDB)

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Talc-Related Matter Filings Predictably Increase, As New Bankruptcies are Filed

Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the…more

Asbestos, Asbestos Litigation, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Eleventh Circuit Eviscerates TCPA Class Action Settlement

On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in consolidated…more

ATDS, Auto-Dialed Calls, Class Action, Do Not Call List, Facebook

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MSHA’s Final Silica Redraws the Landscape for Silica Compliance

The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16th at an event in Uniontown, PA to announce the release of MSHA’s final respirable…more

Final Rules, Mine Safety and Health Administration (MSHA), Occupational Exposure, Silica, Workplace Safety

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Missouri Enacts Law To Provide Unpaid Leave For Victims Of Domestic Or Sexual Violence

Effective on August 28, 2021, under Missouri’s Victims Economic Safety and Security Act (VESSA), Missouri public entities and agencies and employers with at least 20 employees are required to provide up to two weeks of unpaid…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Covered Employees, Domestic Violence, Notice Requirements

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Legal Insights for Manufacturing: Outlook for 2024

Our downloadable report, Legal Insights for Manufacturing, explores how the business, legal, and regulatory framework is evolving—and will evolve—to address the large generational shifts taking place. This year, our report…more

Acquisitions, Artificial Intelligence, Chief Compliance Officers, Complex Corporate Transactions, Copyright

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The End of COVID-19 Form I-9 Flexibilities for Employers

On May 04, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced the COVID-19 flexibilities for physically inspecting Form I-9 documentation are expiring on July 31,…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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Vaccine Mandates May Require Collective Bargaining

On November 5, 2021, the U.S. Department of Labor, through the Occupational Safety and Health Administration (OSHA), issued an Emergency Temporary Standard to Protect Workers from Coronavirus (ETS). The ETS covers employers with…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Duty to Bargain, Employer Mandates

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Proposed Federal Legislation Aims to Address Underutilized Commercial Real Estate

Earlier this summer, bipartisan legislation was introduced in the U.S. House of Representatives aimed at spurring the redevelopment of existing underutilized or vacant commercial properties and converting them for residential…more

Affordable Housing, Commercial Real Estate Market, Conversion, Housing Developers, Proposed Legislation

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Court Limits an Early SEC Effort at Cybersecurity Enforcement

On July 18, 2024, Judge Paul A. Engelmeyer of the U.S. District Court for the Southern District of New York issued a 107-page opinion dismissing most of the Securities and Exchange Commission’s (SEC) case against SolarWinds…more

Chief Information Security Officer (CISO), Cyber Attacks, Cybersecurity, Disclosure Requirements, False Statements

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Managing Political Speech in the Workplace

As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far…more

Civil Rights Act, Employment Discrimination, Employment Policies, Freedom of Religion, Human Resources Professionals

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State Attorneys General Clash Over the Legality of DEI Initiatives

From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs remain…more

American Bar Association (ABA), Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Supreme Court Imposes Stricter Standards on Employers to Accommodate Religious Beliefs

On June 29, 2023, the United States Supreme Court issued a unanimous opinion in Groff v. DeJoy, Postmaster General, increasing the employer’s burden to prove an undue hardship defense from the previous de minimis standard to a…more

Civil Rights Act, De Minimus Doctrine, Groff v DeJoy, Religious Accommodation, Religious Discrimination

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Potential Impact of Dobbs on Employer-Sponsored Health Plans

On Friday, June 24, in Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court overruled Roe v. Wade and held that the United States Constitution does not protect a woman’s right to terminate her…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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So You Want to Rent To A Cannabis Tenant? Nine Considerations for Retail Landlords

The United States’ retail cannabis industry continues exploding, and it doesn’t show any signs of slowing down. These numbers are guaranteed to change after this Tuesday’s election, but as of October 2022, 37 states have…more

Commercial Leases, Escape Clauses, Inspections, Landlords, Lease Termination

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FERC’S Next Big Electric Initiative

On April 21, 2022 a split Federal Energy Regulatory Commission (“FERC”) approved 4-1 a Notice of Proposed Rulemaking (“NOPR”) on transmission planning and cost allocation. Issued pursuant to section 206 of the Federal Power Act,…more

Cost Allocation, Energy Sector, Federal Power Act, Federal Register, FERC

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Drafting Tips For Real Estate Purchase And Sales Agreements

When negotiating a real estate purchase and sale agreement, parties generally — and understandably — concentrate their efforts on the major deal points of their transaction. Consequently, once the agreement is signed those…more

Purchase Agreement, Real Estate Market, Real Estate Transfers, Transfer Taxes

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Corporate Transparency Act Considerations in Tax Equity Partnerships

Since Congress first introduced the Corporate Transparency Act (“CTA”) and the beneficial ownership information reporting framework in January 2021, much of the focus has been on the specific reporting requirements that now…more

Beneficial Owner, Corporate Transparency Act, Domestic Corporations, Exemptions, FinCEN

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Provider Relief Fund Update: HHS Changes Reporting And Use Of Funds Deadlines

On June 11, 2021, the U.S. Department of Health and Human Services (HHS) issued new guidance on Provider Relief Fund (PRF) reporting and the deadline for providers to use their funds. Provider recipients can now begin submitting…more

Department of Health and Human Services (HHS), Filing Deadlines, Health Care Providers, Hospitals, Provider Relief Fund

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False Claims Act Insights - Are We Done Here? The Unique Dynamics of FCA Settlements

Host Jonathan Porter welcomes Husch Blackwell’s Lorinda Holloway to explore settlements in the context of False Claims Act (FCA) litigation. Jonathan and Lorinda discuss the differences between FCA settlements and those…more

Department of Justice (DOJ), False Claims Act (FCA), Whistleblowers

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Supreme Court Reaffirms Mens Rea Requirement in Controlled Substance Health Care Fraud Cases and Government Burden to Prove Subjective Bad Faith

On June 27, 2022, the United States Supreme Court, by a vote of 9-0, overturned the lower circuit courts’ rulings affirming the convictions of two physicians of the unlawful distribution of controlled substances. In Ruan v…more

Bad Faith, Controlled Substances, Controlled Substances Act, Good Faith, Healthcare Fraud

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WeWork Files for Bankruptcy, Seeks to Renegotiate Hundreds of Leases

On November 6, 2023, WeWork, Inc. and 516 affiliate companies each voluntarily filed petitions in the United States Bankruptcy Court for the District of New Jersey seeking protection under Chapter 11 of the United States…more

Chapter 11, Commercial Bankruptcy, Landlords, Leases, Portfolio Companies

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Cook County Issues Revised HIPAA Order, Narrowing the Utility of Medical Provider Subpoenas

On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v. Zavala, 2021 IL 125918. Illinois litigators were alerted…more

Document Destruction, GAO, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), IL Supreme Court

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Uncapped Student Athlete Education-Related Benefits' Impact On Federal Student Aid

In the wake of NCAA v. Alston, a student-athlete’s education-related benefits may impact the amount of Federal Student Aid the student-athlete receives. According to the U.S. Department of Education rules, a student who…more

Aid and Attendance Benefits, Alston v NCAA, Department of Education, Federal Grants, Federal Student Aid

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Navigating Employer Responsibilities: SECURE 2.0 Act's Impact on Long-Term Part-Time Rules

The Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) introduced the Long-Term Part-Time (LTPT) rules. These rules aim to address the retirement needs of long-term part-time employees who have…more

401k, Compensation & Benefits, Employee Benefits, Employer Contributions, Part-Time Employees

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FEMA Funds Available For Higher Education Institutions

On March 13, 2020, the COVID-19 pandemic was declared a National Emergency by President Trump. This declaration set in motion the availability of FEMA Public Assistance Program (PAP) disaster relief funds to support educational…more

CARES Act, Coronavirus/COVID-19, Educational Institutions, FEMA, Public Assistance

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Updated Guidance On FEMA Public Assistance

In June of 2020, Husch Blackwell alerted non-profit healthcare organizations and higher education institutions of the availability of FEMA Public Assistance (PA) Program disaster relief funds pursuant to then published FEMA…more

Coronavirus/COVID-19, FEMA, Health Care Providers, New Guidance, Non-Profit Hospitals

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The Specter of Nuclear Verdicts and Middle-Market Companies

The number of cases involving so-called “nuclear verdicts” — that is, verdicts with awards of $10 million or more — have risen sharply, and many of those cases concern product liability claims. For large corporations, such…more

Design Defects, Distributors, Failure To Warn, Manufacturers, Manufacturing Defects

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CFPB Crusade Continues: Mortgage Servicers and "Junk Fees"

Continuing its vigorous effort to eliminate so-called “junk fees,” and detailing other problematic mortgage servicer activities, the Consumer Financial Protection Bureau (CFPB) recently released its Spring 2024 Supervisory…more

Abusive Acts, Consumer Financial Protection Bureau (CFPB), Excessive Fees, Fees, Financial Services Industry

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Supreme Court Holds Pure "Omissions" in MD&A Disclosure Cannot Support Liability Under Rule 10b-5

On April 12, 2024, the U.S. Supreme Court held in Macquarie Infrastructure Corp. v. Moab Partners, L.P., in a unanimous opinion authored by Justice Sonia Sotomayor, that “pure omissions” made in required disclosures do not…more

Corporate Issuers, Disclosure Requirements, False Statements, Item 303, Macquarie Infrastructure Corp v Moab Partners LP

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International Trade Law: 2023 Year in Review & Outlook for 2024

Husch Blackwell's fifth-annual international trade law year-in-review report provides a detailed look at what transpired in international trade law during 2023 and takes a peek at how the coming year might develop. Our…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Economic Sanctions

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EPA Publishes Final Rule Revising Definition of “Waters of the United States”

On January 18, 2023, the U.S. Environmental Protection Agency (“EPA”) and the Department of the Army published a new final rule to re-define “waters of the United States” (“WOTUS”) under the Federal Clean Water Act (“CWA”)…more

Clean Water Act, Discharge of Pollutants, Environmental Policies, Environmental Protection Agency (EPA), Final Rules

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Nebraska’s Department of Transportation is (Almost) Charged Up for EV Station Federal Funding Applications

On June 14, 2024, the Nebraska Department of Transportation (“NDOT”) informed potential applicants that, pursuant to its National Electric Vehicle Infrastructure (“NEVI”) plan, applications for federal funding to build electric…more

Automotive Industry, Charging Stations, Department of Transportation (DOT), Electric Vehicles, Federal Funding

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Consensus Releases Recommendations To Reduce College Athlete Injury

The second Safety in College Football Summit, held in February 2016, resulted in the recently published recommendations for Preventing Catastrophic Injury and Death in Collegiate Athletes. These recommendations detail strategies…more

College Athletes, Colleges, Sports, Student Athletes

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FERC's Generator Interconnection Queue Reform Makes Welcome Improvements, but the Devil Will Be in the Details of the Compliance Filings

On July 28, 2023, the Federal Energy Regulatory Commission (FERC) issued a landmark order that reforms the generator interconnection process in response to a clear need for nation-wide improvements due to rapidly changing…more

Electric Generation Suppliers, Energy Sector, FERC, Innovative Technology, Interconnections

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Cumulative Exposure Theories by Any Other Name Would Still Be Excluded: Illinois Court Requires Evidence of Length and Amount of Asbestos Exposure

Under the now widely-adopted Daubert standard, courts evaluate expert testimony based on the principles and methodology underlying the expert witness’s opinion. Admissibility of expert testimony is not governed by whether the…more

Asbestos, Daubert Standards, Evidence, Expert Testimony, Expert Witness

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Legal Insights for Manufacturing

We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year…more

Acquisitions, Consumer Product Safety Commission (CPSC), Contract Lifecycle Management, Corporate Governance, Corporate Misconduct

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Green Hydrogen Development and Site Control

On April 30, 2024, the Department of the Treasury issued final regulations on tax credit transfers that allow hydrogen producers to sell tax credits earned under § 45V of the Inflation Reduction Act (IRA). Section 6418 of the…more

Fossil Fuel, Greenhouse Gas Emissions, Hydrogen Power, Hydropower, Inflation Reduction Act (IRA)

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Green Hydrogen Development and Site Control

On April 30, 2024, the Department of the Treasury issued final regulations on tax credit transfers that allow hydrogen producers to sell tax credits earned under § 45V of the Inflation Reduction Act (IRA). Section 6418 of the…more

Fossil Fuel, Greenhouse Gas Emissions, Hydrogen Power, Hydropower, Inflation Reduction Act (IRA)

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Colorado's New Employment Laws: What to Know

The 2024 Colorado legislative session concluded on May 8, 2024. Consistent with last year’s session, the 74th General Assembly ended with a number of new employment-related laws passing. Enacted legislation will enhance employee…more

Artificial Intelligence, Biometric Information, Colorado, Consumer Privacy Rights, Disability Benefits

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Investors and Regulators Demand Climate Disclosures, but Companies Should Beware of Greenwashing Claims

Pressure from consumers, investors, and regulators to provide climate, environmental, and sustainability disclosures is increasing, but it is important for companies to ensure such disclosures are accurate, verifiable, and not…more

Carbon Emissions, Disclosure Requirements, Energy-Efficiency Tax Credits, Greenhouse Gas Emissions, Greenwashing

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The Critical Minerals Supply Chain: A Growing Challenge for the U.S.

The global transition to clean energy is accelerating. Belatedly, attention is starting to move to mineral sourcing, particularly whether the necessary critical minerals will be available in the United States. A recent Aspen…more

Clean Energy, Energy Sector, Environmental Policies, Minerals, Mining

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Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in…more

Accrual Requirements, Collective Bargaining Agreements (CBA), Documentation, Earned Sick Time, MI Supreme Court

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COBRA Subsidies Under The American Rescue Plan Act Of 2021

On March 11, President Biden signed the American Rescue Plan Act of 2021 (ARPA) into law. Among other provisions, ARPA provides for a 100 percent COBRA subsidy for up to 6 months for anyone who lost health coverage because of an…more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employer Group Health Plans

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How to Maintain Trademark Registrations in a Pandemic

U.S. trademark owners must file regular maintenance documentation with the U.S. Patent and Trademark Office (“USPTO”) to show that the owner is still using its trademark “in commerce” during the period leading up to the…more

Coronavirus/COVID-19, Extensions, Pandemic, Trademark Manual of Examining Procedure (TMEP), Trademark Registration

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President Puts Hold on Tariffs and Duties On Solar Panels and Parts of Solar Panels From Vietnam, Cambodia, Malaysia, and Thailand

On June 6, 2022, President Biden declared a national emergency (the “Declaration”) in relation to energy resources and temporarily extended the time of duty-free importation of solar panels and parts from Malaysia, Cambodia,…more

Defense Production Act, Duty Free, Imports, Joe Biden, National Environmental Policies

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How to Wear the Investor Hat When Physicians Are the Revenue Generators

Engaging in management and investor conversations about maintaining and growing a business is critical, no matter the industry. Whether you’re discussing normal business sustainability, organic growth, or contemplating a sale,…more

Anti-Kickback Statute, Ethical Standards, Fair Market Value, Health Care Providers, Incentives

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Preview of a Post-Chevron World: The Seventh Circuit Upholds Regulation B's Discouragement Prohibition as Consistent with ECOA

With Loper Bright’s recent death blow to Chevron deference, some commentators have been predicting substantial constriction of the administrative state and the narrowing or limiting of the powers of federal regulators. For a…more

Chevron Deference, Consumer Financial Protection Bureau (CFPB), Credit Applicants, ECOA, EFTA

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Regulatory Consistency Act Would Bring Sweeping Changes for Local Governments in Texas

The Texas Legislature approved HB 2127, the Texas Regulatory Consistency Act, on May 23, 2023, and the bill is soon expected to be signed into law by Governor Greg Abbott. Upon the Governor’s signature, HB 2127 would go into…more

Local Governance, Local Ordinance, Regulatory Agenda, State and Local Government, Texas

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New California Transparency Requirements for Substance Abuse Treatment Centers

Beginning January 1, 2022, California licensed residential substance abuse treatment facilities will be required to disclose certain licensing information to the public. SB 541 adds Health and Safety Code section 11831.12,…more

California, Drug Treatment, Healthcare Facilities, Licenses, Substance Abuse

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Navigating Solar Development in the Appalachian Basin: Surface and Subsurface Rights

Solar developers in the PJM region, particularly in Pennsylvania, West Virginia, and Ohio, often encounter land with a complex history of mineral development. This history can significantly impact solar projects, from site…more

Energy Projects, Leaseholds, Mineral Leases, Minerals, Oil & Gas

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Open-Source Software: Benefits And Legal Risks

What is open-source software? To ask the question is almost to answer it. Open source software (OSS) simply describes software code that is distributed on an “open-source” basis – which means, in a way that allows others to…more

Cookies, Copyright, Licenses, Open Source Software, Pass-Through Entities

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Understanding the Unique Benefits of Beneficiary Intentionally Defective Irrevocable Trusts (BIDITs)

A Beneficiary Intentionally Defective Irrevocable Trust (BIDIT) provides a unique planning opportunity because it allows a beneficiary to continue to benefit from his or her own assets while maintaining some level of control and…more

Asset Management, Beneficiaries, Capital Gains, Estate Planning, Estate Tax

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California Enacts First-in-Nation Pharmacy Medication Error Reporting Law

On October 8, 2023, Governor Gavin Newsom signed Assembly Bill 1286 (AB 1286), a sweeping pharmacy measure with several components aimed at promoting patient safety. Chief among AB 1286’s mandates is a new law requiring that…more

Confidential Information, Governor Newsom, Medication Errors, New Legislation, Pharmaceutical Industry

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Second Circuit Maintains Key Distinctions Between Term Loans and Securities, Affirms Kirschner Decision

Last month, we reported how a key component of project finance—syndicated term loans—was the subject of a crucial case being heard in the U.S. Court of Appeals for the Second Circuit. In Kirschner v. JP Morgan Chase, the…more

Loans, Project Finance, Renewable Energy, Securities, Syndicated Loans

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SEC Sends Clear Message to Crypto Industry that Registration is Necessary

The Securities and Exchange Commission (SEC) has again flexed its regulatory might in its latest and clearest message to the cryptocurrency market that SEC registration is necessary for most decentralized financial activities,…more

Bitcoin, Cryptoassets, Decentralized Finance (DeFi), Registration Requirement, Securities and Exchange Commission (SEC)

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Funny You Should Ask: Not So Common Employment Questions - April 2021

As businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address two questions many of our…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Masks

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Missouri Solar Developers Without Clear Direction on Property Tax Abatement Through Enhanced Enterprise Zones

Enhanced Enterprise Zones (EEZs)- Local governments establish Enhanced Enterprise Zones as an economic development tool to attract new businesses to the area or to incentivize existing businesses to expand…more

Department of Economic Development, Energy Projects, Property Tax, Renewable Energy, Solar Energy

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A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in Federal Court

Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?…more

Discovery, Expert Witness, Federal Rules of Civil Procedure, Federal Rules of Evidence, Litigation Strategies

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Federal Infrastructure Contractors: Build America, Buy America Now Mandates More Restrictive Definition of “Construction Materials” for Federal Grants and Agreements

The Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, which includes the Build America, Buy America Act (“BABA”), was signed into law by President Biden on November 15, 2021. BABA provisions apply to all Federal…more

Build America Investment Initiative, Buy America, Federal Funding, Grants, Infrastructure

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EEOC Issues Final Rule to the Pregnant Workers Fairness Act

New regulations to the Pregnant Workers Fairness Act (PWFA), which was enacted in 2023, will soon take effect. Yesterday, April 15, 2024, the EEOC unveiled its final rule, which will take effect 60 days after its anticipated…more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnant Workers Fairness Act, Reasonable Accommodation

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Supreme Court Paves The Way For More State Court Class Actions About Federal Statutes

In reemphasizing the “concrete harm” requirement for Article III standing, the Supreme Court may have raised the hurdle to federal court but exposed defendants to more state court suits..…more

Article III, Class Action, Class Members, Corporate Counsel, Credit Reporting Agencies

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Exploring Forbearance Issues In The Context Of COVID-19

Overview- The lightning-fast spread of COVID-19 around the world has quickly transformed our commercial and financial outlook, ending one of the longest economic expansions in U.S. history and throwing future prosperity into…more

Coronavirus/COVID-19, Forbearance Agreements, Lenders

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Tennessee and Florida State Law Restrictions on Employer Vaccine Mandates

Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are…more

Adverse Action, Adverse Employment Action, Americans with Disabilities Act (ADA), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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Commercial Leasing And COVID-19: An Exploration Of Force Majeure Doctrine In The Context Of A Public Health Crisis

As the COVID-19 pandemic continues to spread, there is a growing anxiety among commercial tenants and landlords as they assess the ability of tenants to maintain normal business operations. As various cities and states begin…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Construction Industry, Coronavirus/COVID-19

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Effective January 1, 2021: City Of St. Louis Private Employers Must Comply With Ban-The-Box Ordinance

Effective January 1, 2021, private sector employers with 10 or more employees in the City of St. Louis must comply with Ordinance 71074 (the Ordinance), a ban-the-box ordinance that prohibits employers from asking job applicants…more

Ban the Box, Criminal Background Checks, Criminal Records, Employer Liability Issues, Hiring & Firing

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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What You Need to Know About Wisconsin's New LLC Laws

On January 1, 2023, the revised Wisconsin business laws go into effect. Among the changes, is a complete overhaul of Chapter 183, leading to the creation of the Wisconsin Uniform Limited Liability Company Law (WULLCL). This…more

Fiduciary Duty, Financial Institutions, Holding Companies, Limited Liability Company (LLC), Operating Agreements

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New Federal Guidance on Employer-Sponsored Group Health Plans and Required Action Steps for 2023

The Consolidated Appropriations Act, 2021 (CAA) prohibits employer-sponsored group health plans from entering into agreements that contain so-called “gag clauses.” This prohibition generally restricts group health plans from…more

Centers for Medicare & Medicaid Services (CMS), Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans, Health Insurance

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Minnesota Expands its Fair Lending Statute to Cover Gender Identity Discrimination

Minnesota has expanded its fair lending statute to prohibit discriminating against a person in the extension of credit or in the requirements of obtaining credit because of gender identity. Prior to this amendment, the Minnesota…more

Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Lenders, Discriminatory Lending Practices, ECOA

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U.S. Department of Education: A Close Look at the Office for Civil Rights Fiscal Year 2022 Annual Report for K-12 Education

On May 1, 2023, the Office of Civil Rights (OCR) released its annual report for Fiscal Year 2022. The FY 2022 report focused on civil rights complaints, proactive compliance reviews, technical assistance presentations, and…more

Dear Colleague Letter, Department of Education, Disability, Educational Institutions, Equal Opportunities

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Hospice Survey Overhaul: An Unwelcome Surprise in COVID Relief Bill

The latest COVID Relief and Funding law passed in December 2020 brings dramatic changes to the hospice survey process. While CMS will need to engage in future rulemaking to implement the new framework, Congress created a clear…more

Coronavirus/COVID-19, Health Care Providers, Hospice, Relief Measures, Surveys

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Department of Education Proposes Major Overhaul of Title IX Rules and Regulations

On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed…more

Department of Education, Educational Institutions, Harassment, Hostile Environment, Notice of Proposed Rulemaking (NOPR)

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Closing the Gap: Medical Device Innovation, Frontline Healthcare Workers, and the Role of AI

The recent, rapid advancement of the development of artificial intelligence and machine learning (AI) has revolutionized various industries. It is unsurprising then, that at this year’s South by Southwest Conference (SXSW),…more

Artificial Intelligence, Healthcare, Healthcare Workers, Innovative Technology, Intellectual Property Protection

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Two Weeks’ Notice for the Public Health Emergency: What’s Next for Telehealth

The Department of Health and Human Services (HHS) has announced its plan to end the Federal Public Health Emergency (PHE) for COVID-19 on May 11, 2023. Due to the COVID-19 pandemic, emergency declarations, legislation, and…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Medicaid

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Everywhere a Sign: Remote Notarization in Renewable Energy Projects

The renewable energy industry is growing rapidly but it faces several challenges, including ever-increasing competition amongst developers for rights to the same land. This creates a race between developers to encumber project…more

Leases, Mineral Leases, Notarization, Remote Notarization, Renewable Energy

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Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants

On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the…more

Jurisdiction, MO Supreme Court, Monsanto, Venue, Writ of Mandamus

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Mary T. Boyle: New Commissioner for the Consumer Product Safety Commission

The President swore in a new face to the Commission for the Consumer Product Safety Commission (CPSC) on June 30, 2022. Mary T. Boyle, however, is not an entirely new face as she served in various positions within the CPSC for…more

Confirmation Proceedings, Consumer Product Safety Commission (CPSC), Consumer Protection Laws, E-Commerce, Enforcement

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Preview of a Post-Chevron World: The Seventh Circuit Upholds Regulation B's Discouragement Prohibition as Consistent with ECOA

With Loper Bright’s recent death blow to Chevron deference, some commentators have been predicting substantial constriction of the administrative state and the narrowing or limiting of the powers of federal regulators. For a…more

Chevron Deference, Consumer Financial Protection Bureau (CFPB), Credit Applicants, ECOA, EFTA

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Green Hydrogen Development and Site Control

On April 30, 2024, the Department of the Treasury issued final regulations on tax credit transfers that allow hydrogen producers to sell tax credits earned under § 45V of the Inflation Reduction Act (IRA). Section 6418 of the…more

Fossil Fuel, Greenhouse Gas Emissions, Hydrogen Power, Hydropower, Inflation Reduction Act (IRA)

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The Justice Insiders Podcast - The Ever-Expanding Net: Corporate Compliance in an Era of Increasing Trade Sanctions and Restrictions

Host Gregg N. Sofer welcomes Husch Blackwell partner Grant Leach to the program to discuss the burgeoning set of requirements and restrictions placed on U.S. businesses in connection with trade law. Gregg and Grant identify the…more

Compliance Management Systems, Economic Sanctions, Enforcement Actions, Office of Foreign Assets Control (OFAC), Risk Mitigation

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Texas Legislature Clarifies Public Information Act Requirements

Effective September 1, 2023, Texas governmental entities have 30 days after the attorney general releases an opinion determining information is public and must be disclosed to release the information or notify the requestor of…more

Government Entities, Public Information, Request For Information, State Attorneys General, Texas

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FTC Votes to Issue Final Rule Banning Most Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and Andrew…more

Department of Justice (DOJ), Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act

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A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in Federal Court

Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?…more

Discovery, Expert Witness, Federal Rules of Civil Procedure, Federal Rules of Evidence, Litigation Strategies

See all updates »

The Future of Hospital at Home

The Acute Care Hospital at Home model (ACHAH) provides traditional hospital inpatient acute-level services at home. Prior to the pandemic a Centers for Medicare and Medicaid pilot study yielded positive results with respect to…more

Centers for Medicare & Medicaid Services (CMS), Healthcare, Home Health Care, Hospitals, Public Health Emergency

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Minnesota Cannabis Update: What’s Next?

As the 2024 Minnesota Legislative Session came to a chaotic close on May 20, numerous changes to Minnesota Statutes Chapter 342 were sent to the Governor’s desk to build on the already existing cannabis regulatory structure. On…more

Agribusiness, Governor Walz, Inspections, License Applications, Licensing Rules

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2024 Project Perspectives: Exploring Trends and Developments in Alternative Project Delivery

P3s are in a constant state of flux as project owners and participants continue to innovate, striking upon new ways to bring much-needed infrastructure online. In this, our seventh annual report covering public-private…more

Commercial Real Estate Market, Coronavirus/COVID-19, Davis-Bacon Act, Department of Labor (DOL), Electric Vehicles

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PPP Loan Audits Could Affect Millions of Borrowers

In March 2020 during the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law establishing, among other things, the Payment Protection Program (PPP) administered by…more

Audits, Borrowers, CARES Act, Coronavirus/COVID-19, Documentation

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Texas Franchise Tax Updates for 2024

The calendar year 2024 will bring multiple changes to the Texas franchise tax. Taxpayers responsible for entities operating in Texas should be aware of these rules as they plan for their filing and payment obligations in the…more

Franchise Taxes, REIT, State and Local Government, Tax Exemptions, Texas

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50-State Update on Legislation Pertaining to Employer-Mandated Vaccinations - Updated February 23 2022

Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Fines, Healthcare Facilities

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Colorado Legislature Passes First-in-Nation Artificial Intelligence Bill

Keypoint: If signed into law, Colorado will become the first state to enact legislation regulating the use of high-risk artificial intelligence systems. On May 8, the Colorado legislature passed the Colorado Artificial…more

Anti-Discrimination Policies, Artificial Intelligence, Automated Decision Systems (ADS), Colorado, Corporate Counsel

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In Bed with Book Vendors: Fifth Circuit Upholds Preliminary Injunction Against Texas’ Sexual Book-Rating Law

In 2022, state and local governments banned 2,571 different books. This is more books than were subject to such bans in the previous three years combined (2,436). Most of these efforts are taken at the local level. Texas’…more

Compelled Speech, First Amendment, Fourteenth Amendment, Government Speech Doctrine, Governor Abbott

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Mary T. Boyle: New Commissioner for the Consumer Product Safety Commission

The President swore in a new face to the Commission for the Consumer Product Safety Commission (CPSC) on June 30, 2022. Mary T. Boyle, however, is not an entirely new face as she served in various positions within the CPSC for…more

Confirmation Proceedings, Consumer Product Safety Commission (CPSC), Consumer Protection Laws, E-Commerce, Enforcement

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FDIC Publishes FAQs on the New FDIC Signage, Advertisement, and Deposit Insurance Misrepresentations Rule

Last week, the Federal Deposit Insurance Corporation (FDIC) published Frequently Asked Questions on the final rule governing FDIC Official Signs and Advertising Requirements, False Advertising, Misrepresentation of Insured…more

Advertising, Banks, FDIC, Financial Institutions, FinTech

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COVID-Related Class Actions Against Higher Education Institutions

COVID-19 has caused devastating losses—tangible and intangible—at U.S. colleges and universities. Those losses appear destined for aggravation by a tidal wave of class action litigation on the horizon. By mid-April, nearly…more

Colleges, Coronavirus/COVID-19, Educational Institutions, Health and Safety, Infectious Diseases

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Connecticut Court Affirms Increased Risk of Contracting Asbestos-Related Disease is Not an Injury

On January 18, 2022, the Connecticut Court of Appeals affirmed a lower court’s opinion which struck claims of negligence, premises liability and recklessness predicated on increased risk of future harm from asbestos exposure…more

Asbestos, Asbestos Litigation, Duty of Care, Future Harm, Negligence

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The First Leap to Receive Approval for a Novel Approach to PTSD Treatment

On December 12, 2023, the Multidisciplinary Association for Psychedelic Studies Public Benefit Corporation (“MAPS PBC”) announced it has submitted a new drug application (“NDA”) to the FDA for the use of…more

Clinical Trials, Controlled Substances Act, DEA, Healthcare, Life Sciences

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FDA Allows Longstanding MOU with AAFCO To Expire

On August 2, 2024, the Association of American Feed Control Officials (“AAFCO”) announced that its Memorandum of Understanding 225-07-7001 (the “MOU”) with the U.S. Food and Drug Administration (“FDA”) outlining the AAFCO…more

Animal Food, Comment Period, Farm Animals, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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Avoiding the Pitfalls of Involuntary Nursing Home Discharges/Transfers in Missouri

Many long-term care residents live in Missouri nursing homes for years. But occasionally circumstances may change such that it is no longer appropriate for the resident to continue to reside at the facility. In certain cases,…more

Appeals, Health Care Providers, Healthcare Facilities, Long Term Care Facilities, Long-Term Care

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MoCRA: Talc Testing and Sample Preparation Requirements

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in a continuing series of posts diving into each…more

Asbestos, Cosmetics, Food and Drug Administration (FDA), Health and Safety, Modernization of Cosmetics Regulation Act of 2022 (MoCRA)

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Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in…more

Accrual Requirements, Collective Bargaining Agreements (CBA), Documentation, Earned Sick Time, MI Supreme Court

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Illinois Passes Bill to Regulate Use of Artificial Intelligence in Employment Settings

Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB…more

Artificial Intelligence, Bias, Civil Rights Act, Employment Discrimination, Governor Pritzker

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Green Hydrogen Tax Credit: 45V Answers Expected Soon

The future of the green hydrogen industry in the United States will become a bit clearer in the coming weeks. Comments on the proposed hydrogen tax credits in 26 USC 45V were due by February 26, 2024, and will be discussed at a…more

Carbon Emissions, Clean Energy, Energy Sector, Greenhouse Gas Emissions, Hydrogen Power

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International Trade Law: 2023 Year in Review & Outlook for 2024

Husch Blackwell's fifth-annual international trade law year-in-review report provides a detailed look at what transpired in international trade law during 2023 and takes a peek at how the coming year might develop. Our…more

Anti-Dumping Duty, China, Countervailing Duties, Customs and Border Protection, Economic Sanctions

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A Growing Trend: Michigan Senate Introduces Clean Fuel Standard Legislation

The Michigan Senate recently introduced legislation in an attempt to join several North American jurisdictions that have established clean fuel standards. The Michigan Clean Fuel Standard aims to reduce the average carbon…more

CARB, Carbon Emissions, Fuel Standards, Low Carbon Fuel Standard, Oil & Gas

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The Disposal Of Non-Economic Damage Caps In The State Of Kansas

In 1988, the Kansas legislature enacted K.S.A. 60-19a02 to limit personal injury plaintiffs’ recovery for non-economic losses such as pain and suffering, mental anguish, loss of enjoyment of life, etc. Thirty years later, in a…more

Damage Caps, Health Care Providers, Jury Verdicts, Medical Malpractice, Non-Economic Damages

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One Step Closer To The Federal Decriminalization Of Marijuana

The “Cannabis Administration and Opportunity Act,” was published today. The proposed legislation, sponsored by Majority Leader Chuck Schumer and Senators Cory Booker and Ron Wyden, delivers a plan for the comprehensive…more

Controlled Substances Act, Decriminalization of Marijuana, Food and Drug Administration (FDA), Marijuana, SBA

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Planning for Retirement Benefits Post-Secure Act

On July 18, 2024, the Internal Revenue Service (IRS) issued final regulations updating the required minimum distribution (RMD) rules. The final regulations reflect changes made by the Setting Every Community Up for Retirement…more

Beneficiaries, Distribution Rules, Employee Benefits, Individual Retirement Account (IRA), IRS

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Best Practices for Navigating Legal & Political Guardrails Impacting Employer DEIA Efforts

Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee…more

Disparate Treatment, Diversity and Inclusion Standards (D&I), Employee Retention, Employee Training, Employment Discrimination

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ILA Labor Agreement Set to Expire, Strike Looms

On September 30, 2024, the International Longshoremen’s Association (ILA) labor agreement with U.S. East Coast and Gulf Coast port operators ends. With negotiations over the summer unsuccessful, the possibility of a strike that…more

Imports, Interstate Commerce, Labor Disputes, Longshoremen, Negotiations

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Illinois Mandates Pay Transparency in Job Postings: What Employers Need to Know

On August 11, 2023, Governor J.B. Pritzker signed an amendment to the Illinois Equal Pay Act that mandates new pay transparency requirements for most Illinois employers. New Pay Transparency Requirements- Effective January…more

Compensation & Benefits, Governor Pritzker, Illinois, Job Ads, Job Applicants

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Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in…more

Accrual Requirements, Collective Bargaining Agreements (CBA), Documentation, Earned Sick Time, MI Supreme Court

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Missouri Solar Developers Without Clear Direction on Property Tax Abatement Through Enhanced Enterprise Zones

Enhanced Enterprise Zones (EEZs)- Local governments establish Enhanced Enterprise Zones as an economic development tool to attract new businesses to the area or to incentivize existing businesses to expand…more

Department of Economic Development, Energy Projects, Property Tax, Renewable Energy, Solar Energy

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Missouri Enacts New Commercial Finance Disclosure Law

Missouri is now part of the growing list of states who have introduced commercial finance disclosure requirements. Additionally, the statute – Section 427.300 of Missouri Senate Bill 1359 – contains substantial requirements,…more

Brokers, Commercial Loans, Disclosure Requirements, Financial Services Industry, Financing

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Wisconsin Supreme Court Strikes Down Wisconsin's Safer At Home Order

Yesterday, the Wisconsin Supreme Court ruled that Wisconsin’s Safer at Home Order, Emergency Order #28 was unenforceable for two reasons: The order is invalid (1) because it is an administrative “rule” that was not promulgated…more

Department of Homeland Security (DHS), Educational Institutions, Executive Orders, Shelter-In-Place, Void and Unenforceable

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The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II

Labor Law Insiders Trecia Moore, Megann McManus, and Terry Potter continue their discussion with Labor Law Insider host Tom Godar regarding remedies the National Labor Relations Board is trying to impose for unfair labor…more

Employer Liability Issues, Labor Regulations, Labor Relations, NLRA, NLRB

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SBA Now Accepting PPP Applications From Businesses With Fewer Than 20 Employees

Starting Wednesday, February 24, the Small Business Administration (SBA) will open a 14-day Paycheck Protection Program (PPP) loan application period exclusively for businesses and nonprofits with fewer than 20 employees..…more

Biden Administration, CARES Act, Coronavirus/COVID-19, Independent Contractors, ITIN

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New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud

On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements…more

Foreign Workers, Fraud, H-1B, Highly-Skilled Workers Visa, Immigration Procedures

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Beyond the Stereotype: Confronting Gender-Based Pay Discrimination Against Men

As pay equity and transparency laws continue to spread across the country, the Equal Employment Opportunity Commission (EEOC) reminds us that both women and men can be subject to discriminatory pay practices based on gender…more

Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination, Pay Discrimination, Pay Equity Laws

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Understanding the 2026 Changes to the Estate, Gift, and Generation-Skipping Tax Exemptions

The Tax Cuts and Jobs Act of 2017 provided major changes to the Internal Revenue Code, specifically doubling the federal estate, gift, and generation-skipping transfer (GST) tax exemption (collectively, the exemption) from…more

Dynasty Trust, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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7 Major Revisions To Standard Form AIA Construction Contracts

The standard construction contract documents issued by the American Institute of Architects (“AIA”) are widely used in the construction industry to delegate various obligations and rights leading up to, and during, a…more

American Institute of Architects, Architects, Construction Contracts, Construction Industry, Contractors

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Fifth Circuit Concludes FLSA 2019 Minimum Salary Rule Falls Within Department of Labor's Authority

We previously wrote about the U.S. Department of Labor’s 2024 overtime rule that raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA). We explained that this rule was bound to face legal…more

Department of Labor (DOL), EAP, Exempt-Employees, Fair Labor Standards Act (FLSA), Job Duties

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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BIS Issues New Guidance to Combat Russia Diversion Risks and Highlights Recent Enforcement Actions

Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued new guidance to exporters intended to further assist BIS in its efforts to crack down on third-party diversion to Russia. Specifically,…more

Bureau of Industry and Security (BIS), China, Entity List, Iran, Military End Use

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Beneficial Ownership Reporting Under the Corporate Transparency Act

Key Points- •In December 2021, the Financial Crimes Enforcement Network (FinCEN) issued proposed regulations (Proposed Rule) that would implement the beneficial ownership reporting requirements of the Corporate Transparency…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Limited Liability Company (LLC), New Regulations

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Understanding the Unique Benefits of Beneficiary Intentionally Defective Irrevocable Trusts (BIDITs)

A Beneficiary Intentionally Defective Irrevocable Trust (BIDIT) provides a unique planning opportunity because it allows a beneficiary to continue to benefit from his or her own assets while maintaining some level of control and…more

Asset Management, Beneficiaries, Capital Gains, Estate Planning, Estate Tax

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New York City Introduces Bill to Ban Non-Competes

In December 2023, New York governor Kathy Hochul vetoed a bill that would have banned non-compete agreements for workers in New York. Governor Hochul stated that while she recognizes the need to restrict non-compete agreements…more

City of New York, Governor Vetoes, Highly Compensated Employees, New York, Non-Compete Agreements

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House v. NCAA: Top Five Takeaways

In July 2024, the National Collegiate Athletic Association (NCAA) and major athletic conferences reached an agreement with plaintiffs in connection with House v. NCAA that portends significant changes for college athletics. Here…more

College Athletes, Damages, Injunctive Relief, Name and Likeness, NCAA

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Illinois Mandates Pay Transparency in Job Postings: What Employers Need to Know

On August 11, 2023, Governor J.B. Pritzker signed an amendment to the Illinois Equal Pay Act that mandates new pay transparency requirements for most Illinois employers. New Pay Transparency Requirements- Effective January…more

Compensation & Benefits, Governor Pritzker, Illinois, Job Ads, Job Applicants

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Five Key Insights From The Opportunity Zone Guidance

On October 19, the U.S. Treasury issued guidance regarding the Opportunity Zones program. Created last year as part of the Tax Cuts and Jobs Act, the Opportunity Zones (OZ) incentive encourages investment in certain…more

Capital Gains, Investment Funds, IRS, Low-Income Issues, Opportunity Zones

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Tax Court Rules In Favor Of Generic Drug Manufacturer On Deductibility Of Patent Litigation Expenses In Connection With ANDAs

On April 27, 2021, the United States Tax Court held that legal fees incurred by generic drug manufacturers in connection with “Section 271(e)(2)” patent infringement suits are deductible as ordinary business expenses and need…more

Abbreviated New Drug Application (ANDA), Appeals, Food and Drug Administration (FDA), Generic Drugs, IRS

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State-By-State Recording and Notarization Guidance: Responding to COVID-19

Notarization and recording are key step in closing transactions, but since the outbreak of COVID-19, these often overlooked components have gained renewed attention due to the difficulty of traditional recording and notarization…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Emergency Management Plans, Notarization

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House v. NCAA: Top Five Takeaways

In July 2024, the National Collegiate Athletic Association (NCAA) and major athletic conferences reached an agreement with plaintiffs in connection with House v. NCAA that portends significant changes for college athletics. Here…more

College Athletes, Damages, Injunctive Relief, Name and Likeness, NCAA

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New Program To Provide Relief To Restaurant Industry

The Restaurant Revitalization Funding (RRF) program, established pursuant to the American Rescue Plan Act signed into law March 11, 2021, provides eligible businesses with the opportunity to recoup a portion of their…more

American Rescue Plan Act of 2021, Business Expenses, Chapter 11, Coronavirus/COVID-19, Federal Grants

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The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II

Labor Law Insiders Trecia Moore, Megann McManus, and Terry Potter continue their discussion with Labor Law Insider host Tom Godar regarding remedies the National Labor Relations Board is trying to impose for unfair labor…more

Employer Liability Issues, Labor Regulations, Labor Relations, NLRA, NLRB

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Increasing Hospital Reimbursement by Paying to the Upper Payment Limit

This post is the first in a series dedicated to Colorado’s Medicaid finance and payment systems, challenges faced by those programs, and opportunities for expansion. The Colorado Healthcare Affordability and Sustainability…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Colorado, Disproportionate Share Adjustments, Federal Funding

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BIS Issues New Guidance to Combat Russia Diversion Risks and Highlights Recent Enforcement Actions

Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued new guidance to exporters intended to further assist BIS in its efforts to crack down on third-party diversion to Russia. Specifically,…more

Bureau of Industry and Security (BIS), China, Entity List, Iran, Military End Use

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Remote Online Notarization And COVID-19

As the novel coronavirus (COVID-19) continues to change our daily life, obtaining the notarizations required to close a real estate deal has become not only inconvenient, but imprudent. Thankfully, many states have laws that…more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Notarization

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Eleventh Circuit to Review Constitutionality of Corporate Transparency Act

The Corporate Transparency Act (CTA), a pivotal piece of legislation aimed at preventing financial crimes, is under constitutional scrutiny. We previously reported that on March 1, 2024, the U.S. District Court for the Northern…more

Commerce Clause, Constitutional Challenges, Corporate Transparency Act, Financial Crimes, NSBA

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European Court: Climate Inaction Violates Human Rights

On April 9, 2024, the Grand Chamber of the European Court of Human Rights (the “Court) handed down its unappealable judgment in a landmark climate case. Although directed at the Swiss government, the judgment extends to all…more

Carbon Emissions, Climate Change, EU, Greenhouse Gas Emissions, Human Rights

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Administering Irrevocable Trusts – A Checklist for Trustees

A friend, family member, or client has just created an irrevocable trust naming you as the trustee, and you may be asking yourself, “What do I do now?” Serving as a trustee comes with a lot of responsibility. Here are a few…more

Beneficiaries, EIN, Irrevocable Trusts, Life Insurance, Premiums

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Congress Moves Forward on Lithium-Ion Battery Legislation

As the demand for clean energy and transportation grows, so does the need for rechargeable batteries. Lithium-ion batteries are widely used, from small toys to electric cars to large energy storage systems. While some…more

Batteries, Consumer Product Safety Commission (CPSC), Department of Transportation (DOT), Fires, Lithium Batteries

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IPSE DIXIT: Because My Patient Said So – How to Challenge Medical Experts Who Base an Opinion of Injury Causation Solely on a Patient’s Self-Report

Plaintiffs often disclose medical experts to opine not only as to the diagnosis or prognosis of an injury or medical condition, but also as to whether the defendant’s actions caused plaintiff’s alleged injury/condition. In the…more

Bodily Injury, Causation, Evidence, Health Care Providers, Healthcare

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Return-To-Work Policies And Procedures For Startups

Many cities and states have issued guidance regarding face coverings, social distancing, and other safety measures for employees. When each state has different, rapidly evolving guidance, and sometimes conflicting guidance, this…more

Coronavirus/COVID-19, Personal Protective Equipment, Re-Opening Guidelines, Sanitation, State Labor Laws

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Preterm Infant Formula Litigation: Key Takeaways from Recent Jury Verdicts

Inflated jury verdicts in the first two preterm infant formula cases tried in the country have raised significant concerns for manufacturers and the broader medical community. These cases not only spotlight the legal challenges…more

Baby Products, Food Manufacturers, Food Safety, Food Supply, Jury Trial

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USTR Finalizes List of Section 301 Products Subject to Increased Duties and Exclusions, Following Four-Year Statutory Review

On September 13, 2024, the U.S. Trade Representative (USTR) announced that it has finalized the modifications to the Section 301 trade actions following the completion of its four-year statutory review in May 2024. As described…more

Aluminum Sales, China, Duties, Electric Vehicles, Imports

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Expanded Borrower Support Under The Main Street Lending Program

In an effort to provide more support for small and medium-sized businesses, on June 8, 2020, the Federal Reserve Board (Board) revised the terms of its “Main Street Lending Program” (Program). The significant changes…more

Borrowers, Federal Reserve, Lenders, Main Street Lending Programs, Main Street New Loan Facility

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USTR Finalizes List of Section 301 Products Subject to Increased Duties and Exclusions, Following Four-Year Statutory Review

On September 13, 2024, the U.S. Trade Representative (USTR) announced that it has finalized the modifications to the Section 301 trade actions following the completion of its four-year statutory review in May 2024. As described…more

Aluminum Sales, China, Duties, Electric Vehicles, Imports

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Dusting off the Government Shutdown Playbook

Once again, the threat of a government shutdown looms over federal contractors and grantees. If Congress does not pass a continuing resolution or other funding legislation before midnight on Saturday, agencies will lack…more

Contractors, Debt Ceiling, Federal Budget, Federal Contractors, Federal Funding

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Court Finds Solar Energy Company Is Subject to California Rosenthal FDCPA Claim

On August 30, 2023, the California Court of Appeals addressed whether the Rosenthal Fair Debt Collection Practices Act (Rosenthal FDCPA) protects a non-party to an agreement to pay for electricity produced by a solar energy…more

Consumer Financial Products, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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Bridging the Gap: Caution for Developers Looking to Use Public Rights of Way for Collection and Transmission Routing

For one reason or another, not every parcel of land originally targeted for a renewable energy project is able to be included in a final site plan. Typically, developers try to secure private easements from contiguous…more

Easements, Government Entities, Independent Power Producers (IPPs), Land Owners, Land Parcels

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Heed Caution: Takeaways From the OIG's Advance Care Planning Report

The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) reported in November 2022 that many providers are not complying with Medicare’s billing rules for advance care planning services. In large part,…more

Department of Health and Human Services (HHS), Hospice, Medical Billing Codes, Medicare, OIG

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Governmental Immunity Bars Suit Against Dallas County Sheriff For COVID-19 Response

In any case where a government official raises a defense of governmental immunity, a key legal question is whether the plaintiff’s pleadings successfully allege ultra vires conduct—that the government official acted without…more

Coronavirus/COVID-19, Immunity, Injunctive Relief, Ministerial Function, Sovereign Immunity

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IPSE DIXIT: Because My Patient Said So – How to Challenge Medical Experts Who Base an Opinion of Injury Causation Solely on a Patient’s Self-Report

Plaintiffs often disclose medical experts to opine not only as to the diagnosis or prognosis of an injury or medical condition, but also as to whether the defendant’s actions caused plaintiff’s alleged injury/condition. In the…more

Bodily Injury, Causation, Evidence, Health Care Providers, Healthcare

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The Labor Law Insider | Offensive Speech in the Workplace - Part II: Drawing the Line

In this Labor Law Insider podcast episode, Tom Godar is joined by Husch Blackwell attorney Sonni Nolan and firm alum Kat Pearlstone, as they conclude their exploration on protection of employees' speech under the National Labor…more

NLRA, NLRB, Offensive Language, Protected Concerted Activity, Section 7

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Talc-Related Matter Filings Predictably Increase, As New Bankruptcies are Filed

Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the…more

Asbestos, Asbestos Litigation, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Hospice Insights Podcast: What’s the Latest on UPICs? Highlights from Recent Audit Activity, Part I

UPIC activity is picking up, and the UPICs are reviving some old tactics. In this episode, Husch Blackwell’s Meg Pekarske and Bryan Nowicki discuss these trends which include extrapolation, Medicaid nursing home room and board…more

Health Care Providers, Home Health Agencies, Home Health Care, Hospice, Long Term Care Facilities

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Caffeine’s Wake-Up Call: Navigating Legal Risks for Highly Caffeinated Beverage Products

In the bustling landscape of consumer goods, caffeinated beverages stand out as a daily staple for millions of Americans. A recent shift towards “clean caffeine” and caffeine alternatives has further energized consumer demand…more

Beverage Manufacturers, Caffeine Products, Energy Drinks, Food and Drug Administration (FDA), Food Safety

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Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and…more

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

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Hospice Labor and Employment Trends - Get Up to Speed Fast: What You Need to Know About the New Rules Involving Non-Competes and Exempt Employees

It’s never a dull moment when you are a labor and employment lawyer these days! Beyond the steady rise in union activity (a topic of a prior podcast), the administration has issued two rules that are garnering much attention,…more

Health Care Providers, Home Health Care, Hospice, Non-Compete Agreements, Over-Time

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NYCAL Court Upholds $15M Asbestos Verdict, Appeal Imminent after Denial of Joint Compound Defendant’s Post-Trial Motions

On March 16, 2023, the New York City Asbestos Litigation (NYCAL) Court denied Defendant Kaiser Gypsum’s post-trial motions following a $15M plaintiffs’ verdict in the matter of Munir Seen, New York Supreme Court, New York…more

Asbestos, Asbestos Litigation, Causation, Mesothelioma, New York

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Judicial Hellhole Ranks for 2022-23 Receive a Significant Shake Up

The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year the…more

American Tort Reform Association (ATRA), Asbestos, Asbestos Litigation, Biometric Information Privacy Act, California

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Legal Insights for Manufacturing

We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year…more

Acquisitions, Consumer Product Safety Commission (CPSC), Contract Lifecycle Management, Corporate Governance, Corporate Misconduct

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PAGA Reforms: Not a Panacea but Significant Relief for California Employers

On July 1, 2024, California Governor Gavin Newsom signed two legislative bills (AB 2288, amending Labor Code Section 2699; and SB 92, amending Section 2699.3) into law, effective July 1, 2024. The new law significantly reforms…more

California, Damage Caps, Employment Litigation, Governor Newsom, Injunctive Relief

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NLRB Poised To Exterminate The Cat And Rat, According To NLRB Advice Memo

On May 17, 2019, the Office of the General Counsel (GC) released an advice memorandum dated December 20, 2018 signaling the National Labor Relations Board’s (Board) intent to continue to overturn precedent. The advice memo…more

Administrative Law Judge (ALJ), NLRA, NLRB, NLRB General Counsel, Unions

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Unanimous Supreme Court Determines Company-Owned Life Insurance Increases Fair Market Value

On June 6, 2024, the Supreme Court held 9-to-0 in Connelly v. United States that company-owned life insurance increases the company’s fair market value for estate tax purposes, and the company’s obligation to redeem a deceased…more

Beneficiaries, Business Ownership, Business Succession, Buy-Sell Agreements, Closely Held Businesses

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Texas Supreme Court Upholds ERCOT’s Sovereign Immunity

In a forty-page opinion issued by Chief Justice Nathan L. Hecht, the Texas Supreme Court held that the Electric Reliability Council of Texas (“ERCOT”) has sovereign immunity regarding allegations of overpricing during Winter…more

Energy Sector, Fraud, ISOs, Sovereign Immunity, TX Supreme Court

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Subsurface Risk in EPC Contracts – Addressing Issues Before They Surface

Allocating subsurface risk is always a key point of negotiation between owners and contractors in engineering, procurement, and construction (“EPC”) contracts, given its potential price and schedule impacts. Parties can utilize…more

Construction Project, Contractors, Land Owners, Procurement Guidelines, Project Management

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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations (Final…more

Certifications, Dear Colleague Letter, Department of Education, FAFSA, Federal Student Aid

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Establishing General Personal Jurisdiction for an LLC

To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a federal…more

Citizenship, Diversity Jurisdiction, Jurisdiction, Limited Liability Company (LLC), Personal Jurisdiction

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Missouri Enacts Law To Provide Unpaid Leave For Victims Of Domestic Or Sexual Violence

Effective on August 28, 2021, under Missouri’s Victims Economic Safety and Security Act (VESSA), Missouri public entities and agencies and employers with at least 20 employees are required to provide up to two weeks of unpaid…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Covered Employees, Domestic Violence, Notice Requirements

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50-State Update on Legislation Pertaining to Employer-Mandated Vaccinations - Updated February 23 2022

Under federal guidance, private employers can generally require employees to get vaccinated against COVID-19, as long as they comply with federal laws that prohibit discrimination on the basis of religion and disability…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Mandates, Fines, Healthcare Facilities

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New NAIC Privacy Model Law Would Significantly Impact Insurer Compliance Requirements

The National Association of Insurance Commissioners (NAIC) Privacy Protection Working Group (PPWG) released Insurance Consumer Privacy Protection Model Law #674 (Model 674) on February 1, 2023. New Model 674 was expressly…more

Cybersecurity, Data Collection, Data Privacy, Health Insurance Portability and Accountability Act (HIPAA), Insurance Industry

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Hospice Insights Podcast: What’s the Latest on UPICs? Highlights from Recent Audit Activity, Part I

UPIC activity is picking up, and the UPICs are reviving some old tactics. In this episode, Husch Blackwell’s Meg Pekarske and Bryan Nowicki discuss these trends which include extrapolation, Medicaid nursing home room and board…more

Health Care Providers, Home Health Agencies, Home Health Care, Hospice, Long Term Care Facilities

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“Vernon’s Got Prospects. He’s Bona Fide.” — Understanding The Covenant Against Contingent Fees

Breaking into federal government contracting can be daunting. There are ever-changing compliance obligations to consider and complex bidding and proposal submission requirements to navigate. An entire industry of sales…more

Bids, Competitive Bidding, False Claims Act (FCA), Federal Contractors, Procurement Guidelines

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Has Recent Automobile Innovation Impacted Automobile Manufacturers’ Avenues of Defense?

Vehicles are more complex now, than ever, offering incredible and exciting technology, including self-driving features. But as innovation continues to rapidly change the automotive industry, can we expect the same innovation to…more

Automated Transportation, Automotive Industry, Connected Cars, Driverless Cars, Innovative Technology

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Proposed Inflation Reduction Act Regulations Exclude Biogas Upgrading Equipment

The Inflation Reduction Act’s broad tax incentives for certain investments in renewable energy sparked a flood of capital investment, hastening the development of clean energy infrastructure nationwide. According to an August…more

Biofuel, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, Renewable Energy

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FDA Allows Longstanding MOU with AAFCO To Expire

On August 2, 2024, the Association of American Feed Control Officials (“AAFCO”) announced that its Memorandum of Understanding 225-07-7001 (the “MOU”) with the U.S. Food and Drug Administration (“FDA”) outlining the AAFCO…more

Animal Food, Comment Period, Farm Animals, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA)

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Not So Fast: The Supreme Court of the United States Holds District Courts Should Not Dismiss Lawsuits Pending Arbitration

On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding…more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, Judicial Proceedings

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Dispensing Medications At Student Health Clinics

Many colleges and universities offer on-campus healthcare clinic services to their students. These student health clinics are typically staffed by a physician or advanced practice provider such as a nurse practitioner. In…more

APRNs, Colleges, Health Care Providers, Health Clinics, Pharmacies

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Indiana Legislation Impacts Mobile Workforces and Asset Acquisitions

On May 4, 2023, Indiana Governor Eric Holcomb signed legislation (Laws 2023, SB419) that, among other tax changes, included provisions to exempt from income tax nonresidents receiving compensation for employment duties performed…more

Governor Holcomb, Income Taxes, New Legislation, Non-Residents, Sales Tax