Medical spas, or “MediSpas,” have become very popular throughout the country, including New York. For those interested in owning and operating a medical spa, understanding New York’s complex regulatory landscape governing…
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/ Business Organizations, Health
Last February, New York-based Northwell Health and Connecticut-based Nuvance Health announced that they had entered into an agreement under which the health systems would merge. Thereafter, the New York State Office of Attorney…
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/ Antitrust & Trade Regulation, Health, Mergers & Acquisitions
In a decision on Aug. 20 impacting employers and employees nationwide, the U.S. District Court for the Northern District of Texas granted Plaintiff Ryan LLC’s motion for summary judgment, set aside the FTC’s Noncompete Rule and…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
In a prior post, we discussed the importance of timeliness in challenging bid specifications. Let’s assume that your company takes issue with one of the specifications published by a New Jersey state agency in a request for…
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/ Government Contracting
In an earlier report, we examined the recent decision of the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services, Inc. v. FTC, in which the Court rejected the plaintiff’s request for the issuance…
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/ Antitrust & Trade Regulation, Health, Labor & Employment Law
On July 26, 2024, the National Labor Relations Board (NLRB) issued the finalized Fair Choice – Employee Voice Final Rule (New Rule). The most impactful change of the New Rule is the NLRB’s ability to block a union election from…
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/ Labor & Employment Law
The Supreme Court has been in the news — more so than usual. It made a polarizing decision on former President Trump’s immunity from criminal prosecution and overruled Chevron. Justices have been in the storm’s center over…
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/ Administrative Law, Constitutional Law, Elections & Politics
On April 2, 2024, The New Jersey Superior Court, Appellate Division reversed a decision of the trial court that upheld the $2 million award of a ferry services contract under Monmouth County’s purportedly “hybrid” procurement…
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/ Commercial Law & Contracts, Government Contracting, Transportation
On July 23, 2024, U.S. District Court Judge Kelley Brisbon Hodge (E.D. Pa) denied the request of ATS Tree Services, LLC (ATS).[1], a tree care company operating in Eastern Pennsylvania, for issuance of a stay of the Sept. 4,…
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/ Administrative Law, Antitrust & Trade Regulation, Labor & Employment Law, Business Torts
The Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo (and its companion case, Relentless v. Department of Commerce), in which it overruled the Chevron doctrine, has received a great deal of attention since…
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/ Administrative Law, Constitutional Law, Health
As anticipated, 2024 continues to bring increased scrutiny of restrictive covenants by employers. At both federal and state levels, noncompete agreements are being disfavored more than ever, with Pennsylvania being the latest to…
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/ Antitrust & Trade Regulation, Labor & Employment Law, Health
A letter of intent (LOI), expression of interest (EOI) or term sheet is typically the first substantive document in the life of a transaction (noting that, oftentimes, parties will sign a nondisclosure agreement prior to…
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/ Business Organizations, Health, Labor & Employment Law, Mergers & Acquisitions
On June 28, 2024, the Supreme Court overruled Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., and consequently invalidated the “Chevron Deference” — a cornerstone of administrative law since 1984. In the 6-3 decision of…
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/ Administrative Law, Civil Procedure, Constitutional Law, Health
The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles…
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/ Administrative Law, Constitutional Law, Health, Mergers & Acquisitions, Securities Law
In Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, the Supreme Court ended the Chevron Doctrine. While these cases did not directly involve the National Labor Relations Board (NLRB), they…
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/ Administrative Law, Civil Procedure, Labor & Employment Law