The COVID-19 pandemic is having an extreme impact on restaurants as well as other food and beverage retailers nationally. This guidance addresses some of their most frequently asked questions. Many states are closing or...more
3/24/2020
/ Alcohol Beverage Control ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Food Service Workers ,
Force Majeure Clause ,
Hospitality Industry ,
Performance Standards ,
Public Health ,
Restaurant Industry ,
Retailers ,
Sick Employees ,
State of Emergency
The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more
3/18/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Commercial Contracts ,
Contract Terms ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Emergency Management Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Housing Act (FHA) ,
Family and Medical Leave Act (FMLA) ,
FERPA ,
Force Majeure Clause ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
OSHA ,
PHI ,
Public Accommodation ,
Public Health ,
Quarantine ,
Reporting Requirements ,
Risk Management ,
School Closures ,
Student Privacy ,
Universities ,
Vendors ,
Workers' Compensation Claim
The U.S. Centers for Disease Control and Prevention (CDC) has issued Interim Guidance for Administrators of U.S. Institutions of Higher Education and for K-12 schools and childcare programs, asking them to collaborate and...more
3/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Interim Guidance ,
PHI ,
Public Schools ,
State Health Departments ,
Universities
Individual Examination into Effect of Alleged False "No Artificial Flavors" Label Necessary -
In Marotto v. Kellogg Co., No. 18 Civ 3545, 2019 WL 6798290 (S.D. N.Y. Dec. 5, 2019), the court declined to certify a putative...more
2/25/2020
/ Americans with Disabilities Act (ADA) ,
Beverage Manufacturers ,
Department of Labor (DOL) ,
Equal Access to Justice Act ,
Fair Labor Standards Act (FLSA) ,
Federal Tort Claims Act (FTCA) ,
Food Labeling ,
Food Manufacturers ,
Franchisee ,
Franchises ,
Restaurant Industry ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices ,
Wage and Hour ,
Website Accessibility
Neurosurgeons' Compensation in Top 10 Percent Nationwide Gives Rise to Stark Act and FCA Claims -
In United States ex re. Bookwalter v. UPMC, 946 F. 3d 162 (3d Cir. 2019), the court ruled that the relators stated a Stark...more
2/25/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Kickback Statute ,
Assisted Living Facilities (ALFs) ,
Centers for Medicare & Medicaid Services (CMS) ,
Diagnostic Tests ,
DMEPOS ,
Durable Medical Equipment ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Grants ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Hospitals ,
Medicare ,
Objective Falsity ,
Ownership Interest ,
Physicians ,
Protected Activity ,
Stark Law
Key Cases -
School States Claim Against State Superintendent for Unconstitutional Discrimination
In Bethel Ministries, Inc. v. Salmon, No. SAG-19-01853, 2019 WL 6034988 (D. Md. Nov. 14, 2019), the court denied Maryland...more
12/16/2019
/ Administrative Procedure Act ,
Adoption ,
Affordable Care Act ,
American Civil Liberties Union (ACLU) ,
Breach of Contract ,
Catholic Church ,
Contraceptive Coverage Mandate ,
Dismissal With Prejudice ,
Dismissals ,
Due Process ,
Establishment Clause ,
Failure To State A Claim ,
Free Exercise Clause ,
Hostile Environment ,
Pregnancy Discrimination ,
Preliminary Injunctions ,
Private Schools ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Same-Sex Marriage ,
Sex Discrimination ,
Title IX
In recent years, the healthcare industry has been turning greater attention to the need to engage or involve patients in developing new technologies and systems to improve healthcare delivery. These patient engagement...more
10/15/2019
/ Administrative Procedure Act ,
Affordable Care Act ,
Anti-Kickback Statute ,
Article III ,
Attorney-Client Privilege ,
Centers for Medicare & Medicaid Services (CMS) ,
Criminal Convictions ,
Dismissals ,
Disproportionate Share Adjustments ,
Draft Guidance ,
Enforcement Actions ,
European Medicines Agency (EMA) ,
False Advertising ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Lanham Act ,
Medical Devices ,
Medicare ,
Patient Engagement Advisory Committee (PEAC) ,
Patient Referrals ,
Physicians ,
Prescription Drugs ,
Standing ,
Stark Law
Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim -
In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more
9/4/2019
/ Americans with Disabilities Act (ADA) ,
Catholic Church ,
Construction Project ,
Department of Labor (DOL) ,
Equal Protection ,
Federal Contractors ,
Free Exercise Clause ,
Free Speech ,
Homeless Issues ,
Human Rights Act ,
Jurisdiction ,
Municipalities ,
Public Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Same-Sex Marriage ,
Teachers ,
Title VII
Wage and Hour -
80/20 Rule Still Followed in Some Parts -
The U.S. Department of Labor (DOL) issued guidance doing away with the so-called "80/20 rule" in November 2018. District courts have greeted the new guidance...more
7/11/2019
/ Americans with Disabilities Act (ADA) ,
Auer Deference ,
Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Class Action ,
Department of Labor (DOL) ,
Dietary Supplements ,
Duty to Defend ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FBI ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
GrubHub ,
Hiring & Firing ,
Liquor Control Acts ,
New Guidance ,
Price-Fixing ,
Putative Class Actions ,
Securities Litigation ,
Wage and Hour ,
Wine & Alcohol
CMS Regulation -
District Court Strikes Down Rule Mandating Price Disclosure in DTC Pharmaceutical Advertisements -
The U.S. Department of Health and Human Services (HHS), together with the Centers for Medicare &...more
7/10/2019
/ Advertising ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Commercial Speech ,
Department of Health and Human Services (HHS) ,
Direct to Consumer Sales ,
Drug Pricing ,
False Claims Act (FCA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Rules ,
First Amendment ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Medicare ,
Pharmaceutical Industry ,
Prescription Drugs ,
Price Transparency ,
Social Security Act ,
Unduly Burdensome
Key Cases -
Covert Surveillance Due to Religious Identity is Actionable -
Government surveillance of individuals due to their religious identity is actionable under federal law. In Fazaga v. Federal Bureau of...more
6/19/2019
/ Churches ,
Due Process ,
Emotional Distress Damages ,
Establishment Clause ,
FBI ,
Fourth Amendment ,
Free Exercise Clause ,
IRS ,
Local Ordinance ,
Muslims ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Standing ,
Subject Matter Jurisdiction ,
Tax Exempt Entities ,
Wage and Hour
CMS Regulation -
CMS and ONC Unveil Proposals Transforming Interoperability and Patient Access to Data -
The Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health...more
3/1/2019
/ 21st Century Cures Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Electronic Health Record Incentives ,
Electronic Protected Health Information (ePHI) ,
Enforcement Actions ,
False Advertising ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
ONC ,
Opioid ,
Proposed Rules
Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more
1/4/2019
/ Americans with Disabilities Act (ADA) ,
Churches ,
Constitutional Challenges ,
Contraceptives ,
Employee Handbooks ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Establishment Clause ,
Federal Funding ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Hiring & Firing ,
Hostile Environment ,
Interim Final Rules (IFR) ,
Muslims ,
Preliminary Injunctions ,
Private Schools ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
School Districts ,
School Policies ,
Standing ,
Summary Judgment ,
Teachers ,
Title VII ,
Universities
Regulation -
FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat -
On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more
12/24/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Beverage Manufacturers ,
Biotechnology ,
Brand ,
Breweries ,
Class Action ,
Comment Period ,
Consent Agreements ,
Constitutional Challenges ,
Copyright ,
Dismissals ,
Dormant Commerce Clause ,
Due Process ,
Equal Protection ,
EU ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Intellectual Property Litigation ,
Interstate Commerce ,
Joint Statements ,
Local Ordinance ,
Misrepresentation ,
New Legislation ,
NLEA ,
Preemption ,
Public Comment ,
Putative Class Actions ,
Regulatory Oversight ,
Remand ,
Restaurant Industry ,
Reversal ,
Summary Judgment ,
Trademark Registration ,
Trademarks ,
USDA ,
Vacated ,
Website Accessibility
Regulation -
OIG Issues Advisory Opinion Addressing Eligible Managed Care Organizations' Safe Harbor -
On Oct. 11, 2018, the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS)...more
12/20/2018
/ Advisory Opinions ,
Americans with Disabilities Act (ADA) ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
EPSDT ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Medicaid ,
Medical Devices ,
Medicare Advantage ,
Notice of Proposed Rulemaking (NOPR) ,
OIG ,
Protected Class ,
Remuneration ,
Safe Harbors ,
Screening Procedures ,
Telemedicine ,
Unfair or Deceptive Trade Practices
• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination.
• The newly...more
11/20/2018
/ Colleges ,
Comment Period ,
Cross Examination ,
Department of Education ,
Due Process ,
Educational Institutions ,
Proposed Regulation ,
Public Comment ,
Sex Discrimination ,
Sexual Harassment ,
Standard of Proof ,
Title IX ,
Universities
Key Cases -
Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review -
In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more
9/26/2018
/ Appeals ,
Breach of Contract ,
Churches ,
Confessions ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Dismissals ,
Employment Contract ,
Employment Discrimination ,
Establishment Clause ,
Fair Employment Practices Act ,
Federal Agency Taskforce ,
First Amendment ,
Foreign Nationals ,
Freedom of Religion ,
Health and Safety ,
Immigration and Nationality Act ,
Immunization Exemptions ,
Merger Agreements ,
Mergers ,
Motion to Dismiss ,
Muslims ,
National Security ,
Personal Belief Exemption ,
Police ,
Prayer ,
Priests ,
Protective Orders ,
Public Accommodation ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
School Districts ,
Sexual Abuse ,
Students ,
Subject Matter Jurisdiction ,
Subpoenas ,
Summary Judgment ,
Title VII ,
Trump Administration ,
Trump v Hawaii ,
US Department of State ,
Zoning Laws
Labor and Employment -
Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation -
In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more
9/14/2018
/ Americans with Disabilities Act (ADA) ,
Beer ,
Beverage Manufacturers ,
Brand ,
Breach of Warranty ,
Comment Period ,
Department of Labor (DOL) ,
Dietary Guidelines ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Franchisee ,
Hospitality Industry ,
Injunctive Relief ,
Joint Employers ,
Legislative Agendas ,
Mayor de Blasio ,
Minimum Wage ,
Misrepresentation ,
Motion to Dismiss ,
New Rules ,
Organic ,
Over-Time ,
Product Labels ,
Proposed Rules ,
Public Comment ,
Restaurant Industry ,
Standing ,
State Taxes ,
Subpoenas ,
Summary Judgment ,
Terms and Conditions ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
Regulation -
CMS Contemplating Telemedicine Changes -
The Centers for Medicare & Medicaid Services (CMS) recently published what it described as a "major proposed rule" that covers a number of topics that could have...more
9/7/2018
/ Advisory Opinions ,
Anti-Competitive ,
Anti-Kickback Statute ,
Antitrust Litigation ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Common Ownership ,
Creditors ,
Debt Collection ,
Debtors ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Exempt-Employees ,
Failed Legislation ,
Failure To State A Claim ,
False Claims Act (FCA) ,
FDCPA ,
Former Employee ,
GPOs ,
Health Care Providers ,
Hospitals ,
Medicaid ,
Medical Reimbursement ,
Medicare ,
Medicare Shared Savings Program ,
OIG ,
Patients ,
Physician Fee Schedule ,
Physician Medicare Reimbursements ,
Physicians ,
Popular ,
Proposed Rules ,
Public Comment ,
Putative Class Actions ,
Quality Payment Program (QPP) ,
Qui Tam ,
Safe Harbors ,
Self-Referral ,
Standing ,
Stark Law ,
Summary Judgment ,
Technology Sector ,
Telehealth ,
Telemedicine ,
Whistleblowers
Wage and Hour -
Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split -
The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more
6/12/2018
/ Age Discrimination ,
Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Baby Products ,
Banks ,
Beverage Manufacturers ,
Breweries ,
Business Torts ,
Class Action ,
Class Action Arbitration Waivers ,
Competition ,
Consumer Protection Laws ,
Cybersecurity ,
Data Breach ,
Data Security ,
Debit and Credit Card Transactions ,
Department of Labor (DOL) ,
Disability Discrimination ,
Dismissals ,
Distributors ,
Economic Loss Doctrine ,
Epic Systems Corp v Lewis ,
Equal Employment Opportunity Commission (EEOC) ,
Failure To State A Claim ,
Fair Labor Standards Act (FLSA) ,
False Advertising ,
False Statements ,
Federal Arbitration Act ,
Financial Institutions ,
Food Labeling ,
Food Manufacturers ,
Former Employee ,
FTC Act ,
Grocery Stores ,
Hackers ,
Hiring & Firing ,
Lanham Act ,
Menu-Labeling ,
Misleading Statements ,
Negligence ,
Nutrition Facts Labels ,
Organic ,
Over-Time ,
Personal Information Protection Act ,
Personally Identifiable Information ,
Popular ,
Preemption ,
Product Packaging ,
Putative Class Actions ,
Reasonable Accommodation ,
Regulatory Agenda ,
Remand ,
Restaurant Industry ,
Retailers ,
Reversal ,
Rulemaking Process ,
Savings Clause ,
SCOTUS ,
Standing ,
State Law Claims ,
Summary Judgment ,
Unfair or Deceptive Trade Practices ,
USDA ,
Wage and Hour
Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more
6/8/2018
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Appeals ,
Churches ,
Colleges ,
Defamation ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Establishment Clause ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Duty ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Funeral Homes ,
Hiring & Firing ,
Historic Preservation ,
Hospitals ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Minimum Wage ,
New Rules ,
Preliminary Injunctions ,
Priests ,
Private Sector ,
Property Owners ,
Public Accommodation ,
Public Funds ,
Race Discrimination ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Restaurant Industry ,
Retaliation ,
Reversal ,
Same-Sex Marriage ,
SCOTUS ,
Sex Discrimination ,
Sexual Stereotyping ,
Summary Judgment ,
Teachers ,
Title VII ,
Transgender ,
Trump Administration ,
Trustees ,
Trusts ,
Universities ,
Unpaid Wages ,
Wage and Hour ,
Writ of Prohibition
Enforcement -
OIG Issues Advisory Opinion on Provision of Samples by a Device Distributor -
On April 30, 2018, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a...more
5/30/2018
/ Adverse Action ,
Advisory Opinions ,
Affordable Care Act ,
Anti-Kickback Statute ,
Antitrust Litigation ,
Beneficiaries ,
Biosimilars ,
CMMI ,
Competition ,
Constructive Discharge ,
Department of Health and Human Services (HHS) ,
Distributors ,
Drug Pricing ,
Employer Liability Issues ,
Enforcement ,
Failure To State A Claim ,
False Claims Act (FCA) ,
FDCPA ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare Fraud ,
Hospitals ,
Kickbacks ,
Manufacturers ,
Medicaid ,
Medicare ,
Medicare Part B ,
Medicare Part D ,
OIG ,
Patients ,
Pharmaceutical Industry ,
Pharmacies ,
Request For Information ,
Section 340B ,
Sherman Act ,
Statute of Limitations
A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more
3/12/2018
/ AHLA ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Burden of Proof ,
Limitation of Liability Clause ,
Negligence ,
Non-Economic Damages ,
Nursing Homes ,
Public Policy ,
Punitive Damages
Antitrust -
FTC Announces Revised Hart-Scott-Rodino Thresholds for Acquisitions and Exclusive Licenses -
The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the...more
2/28/2018
/ Antitrust Violations ,
Biosimilars ,
BPCIA ,
CAFA ,
Cartwright Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
Eleventh Amendment ,
Enforcement Actions ,
Ex Parte ,
Exclusive Licenses ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FRCP 8 ,
FRCP 9(b) ,
Frivolous Lawsuits ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurer Liability ,
Interviews ,
Medicare ,
Physicians ,
Retaliation ,
Reverse Payment Settlement Agreements ,
Unfair Competition
Deceptive Trade Practices -
Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection -
In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more
2/20/2018
/ Agricultural Workers ,
All Natural ,
Arbitration ,
Arbitration Agreements ,
Beverage Manufacturers ,
Breach of Warranty ,
Class Certification ,
Class Members ,
Conditional Certification ,
Court Appearances ,
Credit Card Surcharges ,
Double Damages ,
Economic Loss Doctrine ,
Email ,
Equal Protection ,
Exporters ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
False Statements ,
Farms ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
First Amendment ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Former Employee ,
FSMA ,
GMO ,
Hiring & Firing ,
Hospitality Industry ,
Independent Contractors ,
Inspections ,
Liquidated Damages ,
Minimum Wage ,
Misleading Statements ,
Misrepresentation ,
Motion to Dismiss ,
Negligent Misrepresentation ,
Non-Solicitation Agreements ,
Notice Requirements ,
Opt-In ,
Over-Time ,
Qui Tam ,
Restaurant Industry ,
Retailers ,
Rule 9(b) ,
Sherman Act ,
State Labor Laws ,
State Law Claims ,
Summary Judgment ,
Tip Credit ,
Tip-Pooling ,
Unfair or Deceptive Trade Practices ,
Unlawful Trade Practices Acts ,
USDA ,
Wage and Hour ,
Wage Statements