On Oct. 18, the Federal Trade Commission (FTC) expectedly filed a notice of appeal to the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission. As has been previously reported, Judge Ada M. Brown in…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
On Oct. 11, 2024, the Third Circuit Court of Appeals filed a unanimous, precedential opinion affirming judgment as a matter of law in favor of Southeastern Pennsylvania Transportation Authority (SEPTA) in a Family and Medical…
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/ Civil Procedure, Labor & Employment Law, Health
Title VII claims alleging employment discrimination are analyzed under the McDonnell Douglas framework which requires that the employee first show that they are a member of a protected class (race, color, religion, sex, national…
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/ Civil Rights, Constitutional Law, Labor & Employment Law
On Oct. 7, the U.S. Supreme Court denied a petition for review and let stand a widely watched Second Circuit Court of Appeals decision in which the court ruled that the term “willfully” as used in the Anti-Kickback Statute (AKS)…
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/ Antitrust & Trade Regulation, Criminal Law, Health
The Federal Trade Commission (FTC) recently sued the three largest pharmacy benefit managers (PBMs) – Caremark Rx, Express Scripts (ESI) and OptumRx – alleging that the PBMs and their related group purchasing organizations…
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/ Antitrust & Trade Regulation, Consumer Protection, Health
As the health care industry continues to shift its focus to emphasize the delivery and innovation of patient care outside of the hospital, ambulatory surgery centers (ASC) have taken center stage as lower-cost care sites. In…
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/ Health
On July 1, 2024, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a significant settlement with Western Pennsylvania’s Heritage Valley Health System following potential HIPAA violations…
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/ Consumer Protection, Health, Privacy
Effective June 25, 2024, the U.S. Department of Health & Human Services’ Office for Civil Rights (HHS) issued a Final Rule modifying the HIPAA Privacy Rule to enhance reproductive health care privacy. This change follows the…
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/ Civil Rights, Health, Privacy
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