News & Analysis as of

OGC

U.S. Equal Employment Opportunity Commission...

EEOC Publishes Annual Performance and General Counsel Reports for Fiscal Year 2024

Agency Recovers Record $700 Million for Workers, Files First Cases Enforcing the Pregnant Workers Fairness Act - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today announced its report on the...more

Wiley Rein LLP

Corporations Beware! FEC Leaves Small Business in Crosshairs

Wiley Rein LLP on

Imagine you own a local bakery. A woman dressed in a suit walks into your store and orders a platter of pastries. You chat while preparing the order. The woman mentions her office is celebrating the retirement of a colleague....more

Foley Hoag LLP - Medicaid and the Law

Summer Reruns: ‘340B Contract Pharmacy Saga’ Back in the Spotlight as OGC Withdraws Advisory Opinion

Like the Brood X cicadas emerging from their 17-year chthonic slumber, summer 2021 saw the reemergence of something else set to dominate headlines: 340B contract pharmacies.  Given the link between the Medicaid drug rebate...more

U.S. Equal Employment Opportunity Commission...

Commission Approves Changes to Litigation Delegation and Amicus Curiae Approval Process

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) approved yesterday a Resolution Concerning the Commission’s Authority to Commence or Intervene in Litigation, and Revised Procedures for Commission Approval...more

King & Spalding

HHS Advisory Opinion Rejects Drug Manufacturers’ Attempts to Limit Contract Pharmacy Use by 340B Covered Entities

King & Spalding on

On December 30, 2020, the HHS Office of General Counsel (OGC) issued Advisory Opinion No. 20-06 finding the 340B Federal Drug Pricing Program requires drug manufacturers to extend 340B pricing to covered outpatient drugs...more

Foley Hoag LLP - Medicaid and the Law

The 340B Contract Pharmacy Saga Continues

Donald Trump extended two directives restricting the admission of certain immigrants and nonimmigrants to the U.S. Specifically, Presidential Proclamation (PP) 10014 restricting the admission of first-time immigrants and PP...more

Foley & Lardner LLP

New HHS Board Will Hear 340B Drug Pricing Disputes

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On December 14, 2020, HRSA established a long overdue Administrative Dispute Resolution (ADR) process that allows covered entities and drug manufacturers to bring claims against each other related to the 340B Drug Pricing...more

Arnall Golden Gregory LLP

More Uncertainty for Uncertain Times: HHS Proposes Good Guidance Practices Rule

With regulatory overreach in the spotlight since the early days of the Trump Administration, a proposed rule published in the Federal Register on Aug. 20, 2020 (the “Proposed Rule”) seeks to establish “good guidance...more

Husch Blackwell LLP

HHS Clarification On PREP Act Impact On State Licensing Laws: What it Means For Pharmacists’ COVID-19 Testing Capabilities

Husch Blackwell LLP on

On Wednesday, April 8, 2020, the U.S. Department of Health & Human Services (HHS) Office of the Assistant Secretary for Health released guidance authorizing pharmacists to “order and administer COVID-19 tests, including...more

Seyfarth Shaw LLP

HHS Advisory Opinion Concludes that the PREP Act Preempts Any State or Local Law that Prohibits Pharmacists from Administering...

Seyfarth Shaw LLP on

On May 19, 2020, the US Department of Health and Human Services (HHS) Office of General Counsel (OGC) issued an advisory opinion (Advisory Opinion) finding that the Public Readiness and Emergency Preparedness Act1(PREP Act)...more

McDermott Will & Emery

New Guidance on Medicare Payment Rule Enforcement

McDermott Will & Emery on

A few days before Thanksgiving, the news media published an internal memo by the Office of General Counsel (OGC) at the US Department of Health and Human Services (Department) to officials at the Centers for Medicare and...more

UB Greensfelder LLP

Yes, You Can Form A Broker-Dealer Without Running Afoul Of FINRA’s Outside Business Activities Rule

UB Greensfelder LLP on

It is not a wise career move for a registered rep to leave his broker-dealer – thereby abandoning his customers, and affording competitors the opportunity to make his customers their own – and then to begin the long,...more

Troutman Pepper Locke

The Changing Landscape of Housing Admissions for Landlords: Life in the Wake of the April 4, 2016 OGC Guidance

Troutman Pepper Locke on

The message from HUD is certainly confusing: don't discriminate, but use your discretion. It is enough to strike fear into the heart (and liability insurer) of even a seasoned property owner and manager. The common advice to...more

Bennett Jones LLP

B.C. Supreme Court Upholds Recurring Short-Term Water Use Approvals

Bennett Jones LLP on

The B.C. Supreme Court has recently clarified the interpretation of section 8 of the B.C. Water Act. Section 8 relates to the power of the B.C. Oil and Gas Commission (OGC) to grant approvals to oil and gas companies for the...more

Searcy Denney Scarola Barnhart & Shipley

EDiscovery Custodial Collection — Cooperate, Communicate and Collaborate

In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems....more

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