On the evening of Wednesday, December 22, 2021, the Supreme Court of the United States announced that it will hold a special session on January 7, 2022, to hear oral argument in cases concerning whether two Biden...more
Recent data thefts and systems intrusions, particularly with respect to ransomware, have assured that cybersecurity is top of mind for corporate executives and compliance officials. We at EBG have tried to keep you up to date...more
Recent data thefts and systems intrusions, particularly with respect to ransomware, have assured that cybersecurity is top of mind for corporate executives and compliance officials. We at EBG have tried to keep you up to date...more
On December 13, 2021, the Supreme Court of the United States rejected the petition of New York health care workers seeking to stop the State from enforcing regulations requiring covered personnel of hospitals, nursing homes,...more
No case in recent months has created more news than the Mississippi abortion case, Dobbs v. Jackson Women’s Health Organization, as to which the Supreme Court recently heard oral argument....more
On Friday, November 12, 2021, a panel of the U.S. Court of Appeals for the Fifth Circuit issued a strongly worded decision granting a motion to prevent the Occupational Safety and Health Administration (OSHA) from...more
As we previously reported, effective November 5, 2021, the Occupational Safety & Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure that covered...more
Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers.
U.S. Supreme Court Employment Law Decisions in Review (see video attached)
The Supreme Court’s term ended on...more
7/14/2021
/ Affordable Care Act ,
Agricultural Workers ,
Article III ,
Breach of Duty ,
California v Texas ,
Cedar Point Nursery v Hassid ,
Class Action ,
Class Members ,
Commerce Clause ,
Credit Reporting Agencies ,
Credit Reports ,
Employee Retirement Income Security Act (ERISA) ,
Fair Credit Reporting Act (FCRA) ,
Farm Workers ,
Farms ,
Fiduciary Duty ,
Fifth Amendment ,
Fourteenth Amendment ,
Individual Mandate ,
Injury-in-Fact ,
Just Compensation ,
Medicaid ,
Pensions ,
Preemption ,
SCOTUS ,
Standing ,
Takings Clause ,
Tax Cuts and Jobs Act ,
TransUnion ,
TransUnion LLC v Ramirez ,
Trump Administration ,
Unions ,
United Farm Workers
The effects of algorithmic and data biases continue to make headlines and erode public trust in artificial intelligence (“AI”). Recruiting software unfairly discriminates against women and minorities, facial recognition tools...more
7/12/2021
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Chief Compliance Officers ,
Chief Information Officers (CIO) ,
Comment Period ,
Facial Recognition Technology ,
Human Resources Professionals ,
NIST ,
Popular ,
Public Comment ,
Racial Bias ,
Risk Mitigation ,
Webinars
Ransomware Particularly Inflicts Health Care and Life Sciences Organizations -
Ransomware is a malicious cyber threat vector that employs encryption malware to prevent users from accessing their systems and data unless...more
6/3/2021
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
FBI ,
Hackers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
Malware ,
Medical Records ,
Personally Identifiable Information ,
Popular ,
Ransomware ,
Risk Management
Advances in artificial intelligence (“AI”) continue to present exciting opportunities to transform decision-making and targeted marketing within the world of consumer products. While AI has been touted for its capabilities in...more
You've likely seen the headlines. Online recruiting tools that unfairly screen out women and minorities. Facial recognition tools used in law enforcement that misidentify specific demographic groups. Algorithms that place...more
2/12/2021
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biometric Information ,
Chief Compliance Officers ,
Chief Information Officers (CIO) ,
Clinical Trials ,
Corporate Counsel ,
Employer Liability Issues ,
FDA Approval ,
Health Care Providers ,
Hiring & Firing ,
Human Resources Professionals ,
Life Sciences ,
Popular ,
Recruitment Policies ,
Risk Mitigation ,
Targeted Digital Advertising ,
Webinars
Oral arguments in California v. Texas offer a glimpse at how the Supreme Court might rule in deciding the fate of the Affordable Care Act (“ACA”). Attorneys Stuart Gerson and Tim Murphy also look at what Justice Amy Coney...more
11/19/2020
/ Affordable Care Act ,
Article III ,
California v Texas ,
Commerce Clause ,
Individual Mandate ,
Medicaid ,
Oral Argument ,
SCOTUS ,
Standing ,
Tax Cuts and Jobs Act ,
Trump Administration
On August 28, 2020, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) released Notice 2020-65 to provide guidance (“Agency Guidance”) implementing the employee payroll tax deferral directed...more
Treasury guidance on implementation is expected imminently. We will be monitoring for new developments. Check back for updates to this Act Now Advisory....more
In this Diagnosing Health Care episode, hear how the government’s fraud and abuse enforcement priorities have shifted as a result of the COVID-19 pandemic and how compliance programs must also pivot to mitigate new risks. The...more
8/6/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Corporate Misconduct ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Qui Tam ,
Relators ,
Risk Mitigation
The U.S. Supreme Court decision in Maine Community Health Options v. United States, is a major decision affecting healthcare and resolving a significant Obamacare dispute. The Affordable Care Act famously established online...more
4/30/2020
/ Affordable Care Act ,
Appropriations Bill ,
Court of Federal Claims ,
Damages ,
Government Payments ,
Health Insurance ,
Insurance Industry ,
Maine Community Health Options v. United States ,
Reimbursements ,
Remand ,
Risk Corridors Statute ,
SCOTUS ,
Tucker Act
On June 3, 2019, the U.S. Supreme Court ruled in Azar v. Allina Health Services that the Medicare statute requires the Centers for Medicare & Medicaid Services (“CMS”) to engage in public notice-and-comment rulemaking...more
6/5/2019
/ Administrative Procedure Act ,
Azar v Allina Health Services ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Hospitals ,
Low-Income Issues ,
Medicare ,
Medicare Advantage ,
Medicare Part A ,
Medicare Part C ,
Notice and Comment ,
Pay Reductions ,
Provider Payments ,
Reaffirmation ,
Retroactive Application ,
SCOTUS ,
Substantive Rule ,
Vacated
In an unexpectedly broad ruling issued December 14, 2018, the U.S. District Court for the Northern District of Texas declared the Affordable Care Act (“ACA”) as unconstitutional in its entirety. This decision, if ultimately...more
12/19/2018
/ Affordable Care Act ,
Appointments Clause ,
Benefit Plan Sponsors ,
Biosimilars ,
Constitutional Challenges ,
Corporate Counsel ,
Declaratory Judgments ,
Department of Justice (DOJ) ,
Employer Group Health Plans ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
HRA ,
Individual Mandate ,
Internal Revenue Code (IRC) ,
Kathleen Sebelius ,
Medicaid ,
Medicaid Expansion ,
Pharmaceutical Industry ,
Popular ,
Severability Doctrine ,
Tax Cuts and Jobs Act
News of two distantly related reimbursement issues with administrative law and False Claims Act (“FCA”) implications is worth noting....more
While federal officials have stated their intent to persist in questioning vertical relationships that they hypothesize cause downstream economic effects on product flow and prices, a recent loss by the Department of Justice...more
7/3/2018
/ Antitrust Provisions ,
AT&T ,
Cable Television Providers ,
Competition ,
Department of Justice (DOJ) ,
Health Insurance ,
Insurance Industry ,
Merger Agreements ,
Mergers ,
The Clayton Act ,
Time Warner ,
Vertical Mergers
On June 16, 2016, the Supreme Court of the United States rendered a unanimous decision in the highly anticipated False Claims Act (“FCA”) case of Universal Health Services, Inc. v. United States ex rel. Escobar.[1] In its...more
On September 9, 2015, the Department of Justice (“DOJ”) issued new guidance on individual accountability for corporate wrongdoing. In the memorandum and an accompanying speech by the Deputy Attorney General Sally Q. Yates,...more
9/29/2015
/ Attorney-Client Privilege ,
Board of Directors ,
C-Suite Executives ,
Chief Compliance Officers ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Government Investigations ,
Healthcare ,
New Guidance ,
Yates Memorandum
On August 3, 2015, in United States ex rel. Kane v. Healthfirst, Inc., et al., No. 1:11-cv-02325 (S.D.N.Y. Aug. 3, 2015), the United States District Court for the Southern District of New York issued the first reported...more
On April 20, 2015, the Office of the Inspector General of the U.S. Department of Health and Human Resources (“OIG”), in collaboration with the American Health Lawyers Association, the Association of Healthcare Internal...more