Author Info for Arnall Golden Gregory LLP

Jeffrey Adams

A Summary of Housing Related Provisions in the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) is designed to help address the nation’s efforts to mitigate the economic effects of COVID-19. The CARES Act was signed into law on Friday, March 27,… more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Forbearance Agreements, Foreclosure

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Joseph Alley Jr.

New SEC Cybersecurity Rules Are Here: What Should Companies Be Doing to Comply?

SEC Cybersecurity Rule Fact Sheet What Is the New Rule? In late July 2023, the SEC adopted new rules that will require publicly traded companies to: disclose cybersecurity incidents within four business days of determining… more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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Dymond Anthony

Texas Court Enjoins DOL Overtime Rule (This Time, for Everyone)

On November 15, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction enjoining the Department of Labor’s (“DOL”) Final Rule increasing the salary thresholds for the overtime exemptions… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Russell Arouh

Lease Issues - From the Landlord's Perspective

The last year has been a challenging time and it begs the question, from the landlord’s perspective, what have we learned? One thing for sure is that the average lease, a document that seems (for most landlords) to be like that… more

Commercial Leases, Commercial Tenants, Landlords, Leases, Tenants

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Michael Bargar

Do You Get To Keep Your Roth IRA Even if You File Bankruptcy? In Georgia, Yes, Says the Eleventh Circuit

In an issue of first impression, the Eleventh Circuit Court of Appeals has ruled that a Roth IRA is not property of a bankruptcy estate in Georgia. Hoffman v. Signature Bank of Georgia, Case No. 20-12823 (11th Cir. Jan. 24,… more

Bankruptcy Code, Chapter 7, Consumer Bankruptcy, Creditors, Debtors

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J. Tucker Barr

The Pitch - February 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Artists, Athletes, Celebrities, Copyright, Entertainment Industry

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R. Michael Barry

FAQs Continue to Provide Additional Guidance for Providers Evaluating the Retention of CARES Act Provider Relief Funds: The Question of Materiality and the Importance of Recordkeeping and Corporate Documentation

The most common question among providers concerns the retention of CARES Act Provider Relief Funds (the “Relief Funds”) distributed by the Department of Health and Human Services (“HHS”) as part of its initial General… more

CARES Act, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Relief Measures

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Allison Beachy

Increased Wealth Transfer Tax Exemptions Made Permanent in One Big Beautiful Bill

The new tax cut and spending bill known as the “One Big Beautiful Bill Act,” which was signed into law on July 4, 2025, increases federal estate, gift, and generation-skipping transfer (“GST”) tax exemptions to $15 million for… more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, New Legislation

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Robert Belair

D.C. Circuit Vacates and Grants En Banc Review of Decision That Declared CFPB Unconstitutional

In an order on February 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated the panel decision and granted the petition by the Consumer Financial Protection Bureau for an en banc rehearing in PHH… more

Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Dodd-Frank, En Banc Review, PHH Corp. v CFPB

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Kevin Bell

I Wish I Knew What I Know Now: Conversations with AGG on FDA Issues - FDA Regulated Natural Products: Leveraging IP and Regulatory Requirements to Maximize Possible Return on Investment

AGG Dietary Supplements team leader Kevin M. Bell and team member Robert Durkin discuss some of the more interesting issues and challenges they have encountered when working with clients to ensure they maximized opportunities to… more

Dietary Supplements, Food and Drug Administration (FDA), IP Portfolio, Natural Products, Regulatory Requirements

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Landen Benson

Landmark $9.25M AGG Class Action Settlement Against UnitedHealthcare Receives Preliminary Approval, Class Claim Submission Process Begins June 12, 2025

AGG Healthcare Litigation attorneys Rich Collins and Landen Benson represent two of the three named plaintiffs in an ERISA class action against UnitedHealthcare (“United”), involving the insurer’s denial of access to proton beam… more

Cancer, Class Action, Class Members, Denial of Insurance Coverage, Employee Retirement Income Security Act (ERISA)

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Andrew Beverina

Federal Circuit Expands Types of Investments That Satisfy the ITC’s “Domestic Industry” Requirement

Two recent Federal Circuit decisions open the doors of the United States International Trade Commission (“ITC”) to smaller companies that are threatened by unfair imports… more

Competition, Distributors, Imports, Intellectual Property Litigation, International Trade Commission (ITC)

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David Blank

DOJ and HHS Launch Enhanced False Claims Act Working Group: Heightened Enforcement Ahead for Key Healthcare Sectors

The U.S. Department of Justice (“DOJ”) and the U.S. Department of Health and Human Services (“HHS”) have announced the formation of a newly strengthened False Claims Act (“FCA”) Working Group, signaling a more coordinated and… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Priorities, False Claims Act (FCA)

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Lanchi Nguyen Bombalier

OCR Announces Risk Analysis Initiative

The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), which enforces HIPAA, recently announced a new enforcement initiative, the Risk Analysis Initiative, in conjunction with OCR’s seventh… more

Compliance, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Cristina Reeves Bouton

Strategies for Managing Tenant Problems

Property managers are usually the first point of contact when tenant problems arise. As the facilitator of the landlord and tenant relationship, property managers must take steps to prevent, address and deescalate tenant… more

Landlords, Property Managers, Tenants

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Daniel Bradfield

Standard is Not Always Fair - Six Questions Owners Should Answer Before Entering a Construction Contract

Construction documents, whether for a new building project or for a build out of tenant improvements, can be quite involved and perhaps a little daunting to an owner presented with “standard” American Institute of Architects… more

American Institute of Architects, Construction Contracts, Construction Disputes, Construction Industry, Contractors

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Meredith Bradshaw

The Caris MPI Decision: A Potential Turning Point in Out-of-Network Litigation Against Medicare Advantage Organizations

Nonparticipating providers have often struggled to recover fair reimbursement from vertically integrated, well-resourced Medicare Advantage Organizations (“MAOs”) through out-of-network litigation. The pattern is unfortunately… more

Health Care Providers, Medicare, Medicare Advantage Organizations (MAOs), Out of Network Provider, Preemption

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Leah Braukman

AGG Talks: Cross-Border Business - Navigating Inbound Franchising in the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by Erica Tokar and Leah Braukman, attorneys in AGG’s Corporate practice, to discuss inbound franchising of… more

Attorney General, Cross-Border Transactions, Franchises, Securities and Exchange Commission (SEC), State Attorneys General

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Chelsea Brewer

News from AGG's Retail industry Team - Winter Edition

How much is that Facebook page worth to your Business? At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little… more

Accessibility Rules, Americans with Disabilities Act (ADA), Facebook, Landlords, Pop-Up Stores

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Lori Brewer

How Companies Can Protect Against Rising Technology Costs Amid U.S. Reciprocal Tariffs

On April 2, 2025, the Trump administration announced a series of reciprocal tariffs, significantly impacting various global industries. These measures included a 25% tariff on auto imports, an additional 10% tariff on Chinese… more

Contract Terms, Imports, Risk Management, Risk Mitigation, Supply Chain

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Jason Bring

Navigating the Evolving M&A Landscape in the Care-at-Home Industry

The merger and acquisition environment for the care-at-home sector, including hospice, home health, and private duty services, has shifted significantly. At the 2025 Financial Summit hosted by the National Alliance for Care at… more

Acquisitions, Compliance, Contract Management, Due Diligence, Health Care Providers

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Joseph Brock

News from AGG's Retail Industry Team - Summer Edition

Enforceability of Electronic Agreements in Real Estate Transactions - Increasingly, and not surprisingly, more and more transactions are being created, negotiated, finalized and executed electronically. From a real estate… more

Commercial Leases, Electronic Agreements, Landlords, Real Estate Market, Rent

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Matthew Brohm

New Oregon Law Strengthens Prohibition on the Corporate Practice of Medicine

On June 9, 2025, Oregon Governor Tina Kotek signed Senate Bill 951 (SB 951) into law. According to sponsors of SB 951, this new legislation is designed to curb the influence of private equity and third-party management companies… more

Corporate Practice of Medicine, Health Care Providers, Healthcare Reform, New Legislation, Non-Compete Agreements

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Althea Broughton

Qualified Opportunity Zone Frequently Asked Questions

1. Who Can Invest? U.S. or foreign investors and pass-through entities recognizing U.S. capital gains. 2. What Type of Capital Gain Qualifies? Long term and short term capital gains qualify… more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

See all updates »

Garrett Brown

QSBS Revamped: Important Changes to the Qualified Small Business Stock Exclusion for Founders and Investors

The One Big Beautiful Bill Act (“OBBBA”), signed into law on July 4, 2025, introduced a number of significant amendments to the Internal Revenue Code. Among the OBBBA’s most notable changes are the revisions to Section 1202 of… more

Internal Revenue Code (IRC), Investment, Investors, New Legislation, One Big Beautiful Bill Act

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Gene Burd

Fourth Circuit Weighs In on Whether International Commercial Arbitration Panels Are Tribunals

An important question in international commercial arbitrations—whether parties have a statutory means to take discovery in the United States—has been addressed by another U.S. Court of Appeals, paving the way for the Supreme… more

Arbitration, Discovery, Dispute Resolution, International Arbitration

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Michael Burke

How International Companies Can Prepare for July 9 Tariffs

In this episode, Mike Burke, AGG Corporate & Finance partner and co-chair of the firm’s International practice, is joined by Allison Raley, AGG partner and member of the International practice, to explore the U.S. tariff changes… more

International Trade, Risk Management, Supply Chain, Tariffs, US Trade Policies

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Orlando Cabrera

AGG's CARES Act Webinar

As we continue to learn more about the Coronavirus Aid, Relief and Economic Security Act (CARES Act), we are committed to sharing our knowledge and understanding of the bill with our clients. In this webinar, we provided a… more

CARES Act, Compliance, Coronavirus/COVID-19, Employee Benefits, FEMA

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Edward Cadagin

Navigating Employee Leave and Reasonable Accommodation Requests Under the FMLA, ADA, and PWFA

In this episode, AGG Employment partners Ed Cadagin and Megan Mitchell discuss considerations for employers addressing leave and reasonable accommodation requests from employees. In particular, Megan and Ed focus on the… more

Americans with Disabilities Act (ADA), Disability Discrimination, Employee Benefits, Employee Rights, Employer Responsibilities

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Tenley Carp

From Private Company to Government Contractor Overnight: How the Defense Production Act Can Transform Your Business Without Warning

The Defense Production Act of 1950 (“DPA”) remains one of the most powerful yet underutilized tools in the federal government’s arsenal for mobilizing private industry during national emergencies. For in-house counsel,… more

Compliance, Corporate Counsel, Defense Production Act, Department of Defense (DOD), Federal Contractors

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Avery Carter

The Pitch - April 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Artificial Intelligence, Celebrities, Copyright Infringement, Copyright Litigation, Entertainment Industry

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Natalie Cascario

President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and Its Impact on Private Employers

On January 21, 2025, amid a flurry of executive orders, President Trump issued an executive order titled, “Ending Illegal Discrimination and Restoring Merit Based Opportunity,” representing a critical change in federal policy on… more

Affirmative Action, Civil Rights Act, Department of Labor (DOL), Diversity, Diversity and Inclusion Standards (D&I)

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Henry Chalmers

AGG Talks: Background Screening - What is FCRA Preemption, and Why Should You Care?

In this episode, AGG partner and co-chair of the firm’s Background Screening industry team, Henry R. Chalmers, provides insights on the FCRA’s preemption of state laws and why this is relevant to your business and legal… more

Commerce Clause, Credit Reporting Agencies, Fair Credit Reporting Act (FCRA), Preemption, State Law Claims

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Kelley Chandler

New Administration Continues Focus on Accountability and Transparency in Healthcare

Blockbuster health insurers continue to face scrutiny from the new administration amid an unprecedented shift toward eliminating fraud, waste, and abuse from the healthcare industry… more

Antitrust Litigation, Antitrust Violations, Department of Justice (DOJ), False Claims Act (FCA), Health Insurance

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Lisa Churvis

“Longstanding and Clear”: OIG Continues Characteristic Close Scrutiny of Below-Market Benefits to Referral Sources

The United States Department of Health and Human Services, Office of Inspector General (“OIG”) recently released two unfavorable advisory opinions, OIG Advisory Opinion No. 25-04 and -08 (the “Opinions”) to medical device… more

Advisory Opinions, Anti-Kickback Statute, Civil Monetary Penalty, Enforcement, Fraud and Abuse

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Lorelei Cisne

Public Company Disclosure Considerations During the COVID-19 Pandemic

As public companies coordinate their response to the economic crisis caused by the coronavirus (COVID-19) pandemic, management should not lose sight of their obligation to continue to comply with SEC and stock exchange rules… more

Coronavirus/COVID-19, Disclosure Requirements, Public Disclosure, Securities and Exchange Commission (SEC)

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Richard Cleland

The Pitch - June 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Advertising, Artificial Intelligence, Asset-Backed Securities, Athletes, College Athletes

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Sherman Cohen

U.S. Supreme Court Lifts Fifth Circuit Court of Appeals Injunction Reinstating Filing Requirements Under Corporate Transparency Act

This is the sixth installment in our ongoing series of client alerts on the Corporate Transparency Act (the “CTA”)… more

Beneficial Owner, Compliance, Corporate Transparency Act, Department of Justice (DOJ), Filing Deadlines

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Marissa Coleman

A Summary of Housing Related Provisions in the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) is designed to help address the nation’s efforts to mitigate the economic effects of COVID-19. The CARES Act was signed into law on Friday, March 27,… more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Forbearance Agreements, Foreclosure

See all updates »

Richard Collins

Healthcare Providers Keep Singing the Blues About Unfair Reimbursement Rates But Blue Cross Blue Shield Won’t Change Its Tune

After more than a decade of litigation and more than $5 billion in settlements, the Blue Cross Blue Shield Association (“BCBSA”) and its affiliate insurance companies (the “BCBS Entities”) appear to be up to their old tricks… more

Antitrust Litigation, Antitrust Violations, Competition, Health Care Providers, Health Insurance

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Allison Cook

Nationwide Injunction Halts Corporate Transparency Act Compliance Deadline

This is the third installment in our ongoing series of client alerts on the Corporate Transparency Act (the “CTA”)… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Jacqueline Cooney

DOJ Sharpens Focus on Cybersecurity Compliance in Healthcare: Illumina FCA Settlement Signals Broader Trend

On July 31, 2025, the U.S. Department of Justice announced that Illumina Inc. agreed to pay $9.8 million to resolve False Claims Act (“FCA”) allegations concerning cybersecurity deficiencies in its genomic sequencing systems… more

Biotechnology, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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L. Carter Cornick

Over-the-Counter (OTC) Monograph Reform Momentum Strong in 2019: Federal Legislation Update in the New 116th Congress

Recent developments in Congress deserve the attention of companies with over-the-counter drug products. Major legislation addressing comprehensive reform of the OTC drug monograph process, which nearly passed last year, has been… more

Food and Drug Administration (FDA), Over The Counter Drugs (OTC), Over-the-Counter Sales, Pharmaceutical Industry

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Elizabeth Cox

How Companies Can Protect Against Rising Technology Costs Amid U.S. Reciprocal Tariffs

On April 2, 2025, the Trump administration announced a series of reciprocal tariffs, significantly impacting various global industries. These measures included a 25% tariff on auto imports, an additional 10% tariff on Chinese… more

Contract Terms, Imports, Risk Management, Risk Mitigation, Supply Chain

See all updates »

Kevin Coy

State-by-State Privacy Legislation Update: A Compliance Roadmap for 2025

States have been active in passing and enacting comprehensive consumer privacy laws in the absence of a federal statute. To date, 19 states have passed such laws, starting with the California Consumer Privacy Act (“CCPA”), which… more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Privacy, Data Processors

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Aaron Danzig

DOJ Sharpens Focus on Cybersecurity Compliance in Healthcare: Illumina FCA Settlement Signals Broader Trend

On July 31, 2025, the U.S. Department of Justice announced that Illumina Inc. agreed to pay $9.8 million to resolve False Claims Act (“FCA”) allegations concerning cybersecurity deficiencies in its genomic sequencing systems… more

Biotechnology, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Cody Davis

OIG Audit Finds Cybersecurity Gaps at Large Northeastern Hospital

On July 11, 2025, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) posted a report that announced the findings of a cybersecurity audit it conducted of a large Northeastern hospital,… more

Cyber Attacks, Cybersecurity, Data Privacy, Data Security, Enforcement Actions

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Elizabeth Davis

FDA Announces End of Sales of PFAS Used in U.S. Food Packaging

The U.S. Food and Drug Administration (“FDA”) recently announced that grease-proofing substances containing per and poly-fluoroalkyl substances (“PFAS”) are no longer being sold by manufacturers for food contact use in the U.S… more

Food and Drug Administration (FDA), Food Manufacturers, Food Safety, Manufacturers, PFAS

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Michelle Davis

The Pitch - June 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Artificial Intelligence, Copyright, Entertainment Industry, Event Tickets, Film Industry

See all updates »

Rebecca Davis

AGG Talks: Development Podcast Series - Episode 1: Powering Georgia: Energy Resilience, Data Centers, and Clean Innovation

In this episode, AGG attorneys Rebecca Davis and Caroline Magee are joined by Georgia Public Service Commissioner Tim Echols for a wide-ranging discussion on the present and future of energy in Georgia. Commissioner Echols… more

Clean Energy, Data Centers, Electric Vehicles, Energy Policy, Energy Sector

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Anuj Desai

The Pitch - May 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Antitrust Litigation, Athletes, Celebrities, Copyright Infringement, Copyright Litigation

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Brooke Frankel Dickerson

Update on Performing a Phase I Environmental Site Assessment: What Standard Should Apply To Render Protection Against Liability?

For many years, it has been standard practice for prospective purchasers and even tenants to conduct a Phase I Environmental Site Assessment (“ESA”) before acquiring a new property interest. This is for two important reasons:… more

ASTM, CERCLA, Contaminated Properties, Environmental Liability, Environmental Policies

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Bill Dombi

AGG Talks: Home Health & Hospice Podcast - Episode 10: Anti-Kickback Compliance for Hospice and Skilled Nursing Providers

In this episode, AGG Healthcare attorneys Bill Dombi and Jason Bring discuss recent OIG guidance on hospice and skilled nursing facility relationships, focusing on anti-kickback risks and fraud concerns. They cover key issues… more

Anti-Kickback Statute, Biden Administration, Healthcare Facilities, Healthcare Fraud, Hospice

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Laura Dona

Not a Second Time: FDA’s Office of Prescription Drug Promotion Issues a Warning Letter to a Company for Unlawful Promotion

The authors were thinking of the Beatles’ 1963 song, “Not a Second Time,” when we read the latest Warning Letter from the Food and Drug Administration’s Office of Prescription Drug Promotion. The company received a Warning… more

Advertising, Enforcement Actions, Food and Drug Administration (FDA), Marketing, OPDP

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Stephen Dorvee

Preparing for Litigation in the U.S.

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S. market… more

Business Development, Corporate Counsel, Discovery, Foreign Corporations, Litigation Fees & Costs

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Jennifer Downs Burgar

New Oregon Law Strengthens Prohibition on the Corporate Practice of Medicine

On June 9, 2025, Oregon Governor Tina Kotek signed Senate Bill 951 (SB 951) into law. According to sponsors of SB 951, this new legislation is designed to curb the influence of private equity and third-party management companies… more

Corporate Practice of Medicine, Health Care Providers, Healthcare Reform, New Legislation, Non-Compete Agreements

See all updates »

Erin Doyle

State-by-State Privacy Legislation Update: A Compliance Roadmap for 2025

States have been active in passing and enacting comprehensive consumer privacy laws in the absence of a federal statute. To date, 19 states have passed such laws, starting with the California Consumer Privacy Act (“CCPA”), which… more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Collection, Data Privacy, Data Processors

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Bartow Duncan III

News from AGG's Retail Industry Team - Summer Edition

Title III of the Americans with Disabilities Act (ADA) provides “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,… more

Americans with Disabilities Act (ADA), Brick-and-Mortar Stores, Commercial Leases, E-Commerce, Foreclosure

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Robert Durkin

Magic’s in the Makeup: FDA Modernizes Cosmetic Product Labeling Requirements

“Can’t be good for my health,” a song lyric from Gwen Stefani and No Doubt’s early 2000s single, “Magic’s in the Makeup,” comes to mind when we think of the Food and Drug Administration’s possible motives for recent developments… more

Cosmetics, Disclosure Requirements, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Health and Safety

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Jonathan Eady

Qualified Opportunity Zone Frequently Asked Questions

1. Who Can Invest? U.S. or foreign investors and pass-through entities recognizing U.S. capital gains. 2. What Type of Capital Gain Qualifies? Long term and short term capital gains qualify… more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

See all updates »

Damon Eisenbrey

Healthcare Providers Keep Singing the Blues About Unfair Reimbursement Rates But Blue Cross Blue Shield Won’t Change Its Tune

After more than a decade of litigation and more than $5 billion in settlements, the Blue Cross Blue Shield Association (“BCBSA”) and its affiliate insurance companies (the “BCBS Entities”) appear to be up to their old tricks… more

Antitrust Litigation, Antitrust Violations, Competition, Health Care Providers, Health Insurance

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David Felt

Legal Issues Business Leaders Need to Know in 2018

In recent years, the CFPB has struck fear into the C-suites of financial services companies. The agency was extraordinarily active in rulemaking that addresses every aspect of lending, prepaid cards and arbitration clauses in… more

Civil Investigation Demand, Consumer Financial Protection Bureau (CFPB), Cybersecurity, Department of Labor (DOL), Employer Liability Issues

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Justin Ferraro

Federal Court Permits MultiPlan Antitrust MDL to Proceed: Court Upholds Federal and State Antitrust and Consumer Protection Claims, Paving Path to Discovery

On June 3, 2025, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois issued a sweeping ruling in In re MultiPlan Health Insurance Provider Litigation, largely denying motions to dismiss… more

Antitrust Litigation, Antitrust Violations, Competition, Health Insurance, Hospitals

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Scott Fisher

Qualified Opportunity Zone Frequently Asked Questions

1. Who Can Invest? U.S. or foreign investors and pass-through entities recognizing U.S. capital gains. 2. What Type of Capital Gain Qualifies? Long term and short term capital gains qualify… more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

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Alexander Foster

SNF Off-Cycle CMS-855A Reporting Delayed to August 1, 2025

Mandatory Medicare reporting for skilled nursing facilities (“SNFs”) has been delayed to August 1, 2025, to the relief of many in the industry. As a reminder, the Centers for Medicare & Medicaid Services (“CMS”) required the new… more

Centers for Medicare & Medicaid Services (CMS), Filing Deadlines, Healthcare Facilities, Long Term Care Facilities, Medicaid

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Stephen Fox

Public Company Disclosure Considerations During the COVID-19 Pandemic

As public companies coordinate their response to the economic crisis caused by the coronavirus (COVID-19) pandemic, management should not lose sight of their obligation to continue to comply with SEC and stock exchange rules… more

Coronavirus/COVID-19, Disclosure Requirements, Public Disclosure, Securities and Exchange Commission (SEC)

See all updates »

Jeff Friedman

SBA’s “October Surprise” Forces PPP Borrowers and Lenders to Complete Loan Forgiveness and Establish Escrow Accounts to Circumvent SBA Prior Approval for Most “Change of Ownership” Deals

In a significant development for the mergers and acquisitions (“M&A”) community, the U.S. Small Business Administration (“SBA”) issued a “Procedural Notice” which affects the requirement for companies involved in the buying or… more

Borrowers, Change of Ownership, Lenders, Loan Forgiveness, Loans

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Gregory Gaylis

Ohio’s New Residential Care Facility Rules: Important Updates on Changes in Ownership and Control From a Licensure Perspective

Effective July 12, 2024, the Ohio Department of Health (“ODH”) promulgated new rules and regulations for residential care facilities (“RCFs”), also known as assisted living facilities. These rules, set forth in the Ohio… more

Assisted Living Facilities (ALFs), Change of Ownership, Health Care Providers, Healthcare, Healthcare Facilities

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Grace Gluck

FDA in the “Computer Age” — AI Adoption Accelerates as Staffing Shrinks

Neil Young once sang of adapting to a world ruled by data and digital minds in “Computer Age.” Today, that vision feels increasingly real as the Food and Drug Administration turns to artificial intelligence (“AI”) in the face of… more

Algorithms, Artificial Intelligence, Biotechnology, Clinical Trials, Food and Drug Administration (FDA)

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Neil Gordon

Restructuring Roundup - November 2021

Industry News - Elon Musk Tells SpaceX Employees That Starship Engine Crisis Is Creating a ‘Risk of Bankruptcy'... Aeroméxico files Amended Plan of Reorganization… more

Bankruptcy Court, Boy Scouts, Chapter 11, Commercial Bankruptcy, Elon Musk

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Kara Gordon Silverman

Government Investigations Team Insights - February 2025

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors and federal agency attorneys, has successfully represented… more

Anti-Kickback Statute, Compliance, Cryptoassets, Department of Justice (DOJ), Digital Assets

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Joel Gossner

Stop, Collaborate and Listen (to Four Things About Collaboration Agreements)

A key part of the life sciences ecosystem, collaboration agreements help make expensive innovation possible. When they’re well-drafted, they can help collaborating parties pool their resources to more efficiently turn ideas into… more

Collaboration, Corporate Finance, Corporate Governance, Licensees

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Jessica Tobin Grozine

UPDATE: CMS Finalizes Rule Requiring Greater SNF Ownership Transparency, Including Private Equity and REIT Disclosures, and Updates Form CMS-855A

The Centers for Medicare & Medicaid Services (“CMS”) released a final rule on November 15, 2023 (published on November 17, 2023) (the “Rule”), requiring greater skilled nursing facility (“SNF”) ownership transparency. The Rule… more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Change of Ownership, Corporate Transparency Act, Disclosure Requirements

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Kiera Gwynn

Challenges in Enforcing Mental Health Parity: EBSA’s Struggle to Ensure Compliance

A recent audit conducted by the U.S. Department of Labor’s Office of Inspector General (“OIG”) has uncovered significant challenges encountered by the Employee Benefits Security Administration (“EBSA”) in ensuring compliance… more

Compliance, Department of Labor (DOL), EBSA, Employee Benefits, Employer Group Health Plans

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Morgan Harrison

Complete Win, Secured Early, for Payment Processor and Sponsor Bank in Business Email Compromise Fight

As we have previously explored, litigation involving account takeovers (“ATOs”) and business email compromise (“BEC”) fraud have produced a muddled legal landscape. As between payors and intended payees, courts have tended to… more

Banks, Business E-Mail Compromise (BEC), Business Litigation, Contract Terms, Cybersecurity

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Kathryn Baldwin Hecker

Increased Wealth Transfer Tax Exemptions Made Permanent in One Big Beautiful Bill

The new tax cut and spending bill known as the “One Big Beautiful Bill Act,” which was signed into law on July 4, 2025, increases federal estate, gift, and generation-skipping transfer (“GST”) tax exemptions to $15 million for… more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, New Legislation

See all updates »

Dawn Helak

HHS to Close 6 of 10 Regional OGC Offices, With Potentially Significant Impacts on Providers and Suppliers

On Tuesday, March 11, 2025, the U.S. Department of Health and Human Services (“HHS”) announced plans to close six of the nation’s 10 regional offices for the HHS Office of the General Counsel (“OGC”). These closures, which… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Enforcement Actions, Government Agencies, Health Care Providers

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Glenn Hendrix

PPP Loan Prosecutions Appear to Be in the Technical Non-Compliance Phase

On March 27, 2020, the CARES Act was signed into law to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic, including in the form of forgivable loans to small… more

CARES Act, Compliance, Coronavirus/COVID-19, Department of Justice (DOJ), False Claims Act (FCA)

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Matthew Higgins

Update on Potential Tax Changes

Facing procedural challenges and continued pushback from certain Democrats, last Thursday, December 16, 2021, the Biden Administration announced that negotiations relating to the “Build Back Better Act” will continue into 2022… more

Biden Administration, Legislative Agendas

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Jennifer Hilliard

Insights From the 2025 American Health Law Association’s Long Term and Post-Acute Care Law and Compliance Conference

This year, health lawyers, providers, consultants, and government experts from across the country convened in Orlando, Florida, for the American Health Law Association’s Long Term and Post-Acute Care Law and Compliance… more

Appeals, Audits, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Health Care Providers

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David Hobson

Contractual Provisions Can Aid in the Recovery of Attorney’s Fees, But Consider the Unintended Consequences

Although the “American Rule” provides that each side pay its own attorneys’ fees, if your dispute arises from a contractual relationship, a “prevailing party” provision or indemnification clause may obligate one of the parties… more

American Rule, Attorney's Fees, Frivolous Lawsuits, Indemnification Clauses, Prevailing Party

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Dorothea Hockel

Trump’s Sweeping Travel Ban Against 12 Countries, Restrictions on 7 Others Takes Effect

On June 4, 2025, President Trump signed a travel ban that will completely bar foreign nationals from 12 countries from traveling to the United States and places strict limited-travel restrictions on seven others… more

Executive Orders, Foreign Nationals, Immigration, International Travel, National Security

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Neil Hoffman Ph.D.

OIG Updates Compliance Guidance for Nursing Facilities

In 1998, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services began issuing voluntary, compliance program guidance for various segments of the healthcare industry. Recently, the OIG has… more

Compliance, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Healthcare, Healthcare Facilities

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Alan Horowitz

Insights From the 2025 American Health Law Association’s Long Term and Post-Acute Care Law and Compliance Conference

This year, health lawyers, providers, consultants, and government experts from across the country convened in Orlando, Florida, for the American Health Law Association’s Long Term and Post-Acute Care Law and Compliance… more

Appeals, Audits, Centers for Medicare & Medicaid Services (CMS), Chevron Deference, Health Care Providers

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Damian Hovancik

IRS Notice 2020-23 Provides Limited Relief for Affordable Housing Projects

The IRS recently released Notice 2020-23 which gives affordable housing partnerships (an “Affected Taxpayer”) the ability to postpone certain “time- sensitive acts” that are listed at Section 15 of Revenue Procedure 2018-58… more

Affordable Housing, IRS, Relief Measures, Revenue Procedures

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Lindsey Hughes

The DOL Reverses Course (Yet Again) on Independent Contractors: The New Proposed Rule on the Test for FLSA Independent Contractor Status

On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule revising its guidance on classifying workers as independent contractors for purposes of the Fair Labor Standards Act (“FLSA”). This proposed rule… more

Department of Labor (DOL), Employee Definition, Fair Labor Standards Act (FLSA), Independent Contractors

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Jeremy Hunt

Increased Wealth Transfer Tax Exemptions Made Permanent in One Big Beautiful Bill

The new tax cut and spending bill known as the “One Big Beautiful Bill Act,” which was signed into law on July 4, 2025, increases federal estate, gift, and generation-skipping transfer (“GST”) tax exemptions to $15 million for… more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, New Legislation

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Christian Husby

IRS Issues Third Warning on Employee Retention Credit Claims

On March 7, 2023, the IRS issued a third warning urging employers to be wary of promoters who push ineligible employers to claim the Employee Retention Credit (“ERC”). The IRS issued its first warning on October 19, 2022, and a… more

Employee Retention, IRS, Tax Credits

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Jeffrey Jacobovitz

AGG Talks: Antitrust and White-Collar Crime Roundup Podcast - Episode 9: Exploring the DA’s Proof, Michael Cohen’s Cross-Examination, and Jury Scenarios in Trump’s Election Interference Trial

In this episode, Jeff Jacobovitz, AGG trial attorney, adjunct law professor at AU-WCL (Criminal Antitrust), and chair of the firm’s Antitrust group, continues conversations on former President Donald Trump’s election… more

Congressional Investigations & Hearings, Criminal Prosecution, Cross Examination, District Attorneys, Donald Trump

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Emily Jewell

March 2024 Employment Updates: New DOL Independent Contractor Rule Goes Into Effect, While NLRB Joint Employer Rule Vacated at the Eleventh Hour

On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the… more

Department of Labor (DOL), Economic Realities Test, Employee Benefits, Employee Definition, Employees

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Theresa Kananen

Eighth Circuit Strikes Down FTC’s Click-to-Cancel Rule

On July 8, 2025, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) Click-to-Cancel Rule, resolving the challenges to the rule filed on the heels of its adoption in October… more

Administrative Procedure Act, Appeals, Cancellation Rights, Consumer Protection Laws, Disclosure Requirements

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Ashley Steiner Kelly

DOJ Issues Expansive Guidance on Unlawful Discrimination and DEI Programs

On July 29, 2025, the U.S. Department of Justice issued its most sweeping guidance yet on what it considers unlawful discrimination in federally funded programs. The memorandum, signed by Attorney General Pam Bondi, clarifies… more

Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), False Claims Act (FCA)

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Thomas Kelly

Locked Out: How a Federal Moratorium on AI Regulation Could Reshape Healthcare Oversight

On May 22, 2025, the U.S. House of Representatives passed the “One Big Beautiful Bill Act” (H.R. 1) by a vote of 215-214, which includes a significant provision imposing a 10-year moratorium on state and local regulation of… more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), Health Insurance, Healthcare

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William Kitchens

AGG Food & Drug Newsletter - December 2015

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC… more

Centers for Medicare & Medicaid Services (CMS), DMEPOS, First Amendment, Food and Drug Administration (FDA), Investigational New Drug Application (IND)

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Sean Kulka

What Commercial Landlords Need to Know About a Tenant’s Bankruptcy

Introduction - Despite the parties’ best intentions at the beginning of a commercial lease, landlords will inevitably encounter tenants in financial distress. Ultimately, some tenants will seek protection in bankruptcy, whether… more

Automatic Stay, Bankruptcy Code, Chapter 11, Chapter 7, Commercial Bankruptcy

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Darryl Scott Laddin

Restructuring Roundup - July 2025

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains original… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 7, Commercial Bankruptcy

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Matthew Lavin

Federal Court Permits MultiPlan Antitrust MDL to Proceed: Court Upholds Federal and State Antitrust and Consumer Protection Claims, Paving Path to Discovery

On June 3, 2025, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois issued a sweeping ruling in In re MultiPlan Health Insurance Provider Litigation, largely denying motions to dismiss… more

Antitrust Litigation, Antitrust Violations, Competition, Health Insurance, Hospitals

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Lance Lee

AGG Talks: Cross-Border Business Podcast - Episode 19: The Rise of Korean Investment in the Southeast U.S.

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by AGG International Arbitration partner Lance Lee to discuss Korea’s booming investment in the southeastern United… more

Business Strategies, Capital Markets, Cross-Border, Foreign Investment, Global Market

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Bertram Levy

Increased Wealth Transfer Tax Exemptions Made Permanent in One Big Beautiful Bill

The new tax cut and spending bill known as the “One Big Beautiful Bill Act,” which was signed into law on July 4, 2025, increases federal estate, gift, and generation-skipping transfer (“GST”) tax exemptions to $15 million for… more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, New Legislation

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Jeffrey Lewis

Georgia Court of Appeals’ Opinion Threatens Construction Warranties Lasting Longer than 8 Years

A recent Georgia Court of Appeals’ opinion applying Georgia’s construction statute of repose (O.C.G.A. § 9-3-51(a)) to contract claims and express warranty claims could threaten construction warranties lasting longer than eight… more

Construction Industry, Contractors, Warranties

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Lauren Light

Public Company Disclosure Considerations During the COVID-19 Pandemic

As public companies coordinate their response to the economic crisis caused by the coronavirus (COVID-19) pandemic, management should not lose sight of their obligation to continue to comply with SEC and stock exchange rules… more

Coronavirus/COVID-19, Disclosure Requirements, Public Disclosure, Securities and Exchange Commission (SEC)

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Lindsey Locke

Non-Compete Compliance in 2025: State Trends and Employer Strategies

In this episode, AGG Employment attorneys Megan Mitchell, Rick Mitchell, and Lindsey Locke discuss the current state of non-compete agreements and what employers should keep in mind when using them. While the FTC’s proposed ban… more

Employee Rights, Employer Responsibilities, Employment Contract, Employment Policies, Federal Trade Commission (FTC)

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Sara Lord

DOJ Sharpens Focus on Cybersecurity Compliance in Healthcare: Illumina FCA Settlement Signals Broader Trend

On July 31, 2025, the U.S. Department of Justice announced that Illumina Inc. agreed to pay $9.8 million to resolve False Claims Act (“FCA”) allegations concerning cybersecurity deficiencies in its genomic sequencing systems… more

Biotechnology, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Ryan Lynn

The Pitch - May 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Antitrust Litigation, Athletes, Celebrities, Copyright Infringement, Copyright Litigation

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Caroline Magee

Breaking the Cycle: Flooding, Infrastructure, and Climate Law in Practice

In this episode, AGG Real Estate of counsel Caroline Magee is joined by Emory Law professor and former Navy JAG officer, Mark Nevitt, for a thoughtful discussion on the legal and practical challenges of climate resilience in… more

Climate Change, Economic Development, Environmental Policies, Flooding, Infrastructure

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David Marmins

Local Governments Are Fueling the Office-to-Apartment Conversion Boom — And What It Means for Developers

It is hard to overstate the current wave of office building conversions. With post-COVID office attendance plateauing well below prior levels and housing shortages in most major cities, the conversion of office buildings is the… more

Commercial Real Estate Market, Construction Industry, Housing Market, Local Ordinance, Multi-Family Development

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Edward Marshall

Complete Win, Secured Early, for Payment Processor and Sponsor Bank in Business Email Compromise Fight

As we have previously explored, litigation involving account takeovers (“ATOs”) and business email compromise (“BEC”) fraud have produced a muddled legal landscape. As between payors and intended payees, courts have tended to… more

Banks, Business E-Mail Compromise (BEC), Business Litigation, Contract Terms, Cybersecurity

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William Matthews

Delaware Bankruptcy Court Decision Highlights Potential Defenses to Equitable Subordination Claim

On March 25, 2022, the United States Bankruptcy Court for the District of Delaware dismissed a complaint filed against a lender and other entities. An individual (and others) formerly in control of the bankrupt companies sued… more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Equitable Subordination, Motion to Dismiss

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Chesley McLeod

California Invasion of Privacy Act Lawsuits: An Update

Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in… more

California, CIPA, Class Action, Consent, Consumer Privacy Rights

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Charmaine Mech

OIG Audit Finds Cybersecurity Gaps at Large Northeastern Hospital

On July 11, 2025, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) posted a report that announced the findings of a cybersecurity audit it conducted of a large Northeastern hospital,… more

Cyber Attacks, Cybersecurity, Data Privacy, Data Security, Enforcement Actions

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Montserrat Miller

Federal Government’s “Ban the Box” Policy in Effect

The federal government is the latest employer to adopt fair chance hiring requirements for certain parts of its workforce and contractors. The goal being to assist qualified workers with a criminal history to compete for… more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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Alan Minsk

HHS Policy Changes, Supreme Court Rulings, and the DOJ-HHS False Claims Act Working Group

In this episode, Alan Minsk, AGG Food & Drug practice chair and Life Sciences co-chair, and Brian Stimson, co-chair of the Healthcare practice and former acting general counsel and principal deputy general counsel of the U.S… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Actions, False Claims Act (FCA)

See all updates »

Megan Mitchell

Non-Compete Compliance in 2025: State Trends and Employer Strategies

In this episode, AGG Employment attorneys Megan Mitchell, Rick Mitchell, and Lindsey Locke discuss the current state of non-compete agreements and what employers should keep in mind when using them. While the FTC’s proposed ban… more

Employee Rights, Employer Responsibilities, Employment Contract, Employment Policies, Federal Trade Commission (FTC)

See all updates »

Richard Mitchell

Non-Compete Compliance in 2025: State Trends and Employer Strategies

In this episode, AGG Employment attorneys Megan Mitchell, Rick Mitchell, and Lindsey Locke discuss the current state of non-compete agreements and what employers should keep in mind when using them. While the FTC’s proposed ban… more

Employee Rights, Employer Responsibilities, Employment Contract, Employment Policies, Federal Trade Commission (FTC)

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Aaron Modiano

The Mental Health Matters Act Advances in the House

As the nation continues to face a mental health crisis, the U.S. House of Representatives recently passed H.R. 7780, the Mental Health Matters Act of 2022, advancing the bill to the U.S. Senate on a vote of 220-205. The bill… more

Benefit Plan Sponsors, Department of Labor (DOL), EBSA, Employee Benefits, Health Care Providers

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Beth Moore

The Pitch - August 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Antitrust Litigation, Artificial Intelligence, Artists, Athletes, Cease and Desist

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Nolen Moore

Boilerplate is Not Boring: Why Boilerplate Lease Clauses Matter

You’re familiar with the boilerplate provisions, often under “Miscellaneous” at the end of a lease. Despite their B-side placement within the lease, these clauses can contain key lease terms. From integration and force majeure… more

Boilerplate Language, Commercial Leases, Contract Negotiations, Contract Terms, Force Majeure Clause

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Ansly Moyer

AGG Talks: Cross-Border Business - Economic Incentives for Foreign Companies Entering the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by AGG Economic Development & Public Finance attorneys Andrew Schutt and Ansly Moyer to discuss economic… more

Business Entities, Business Formation, Corporate Governance, Economic Development, Foreign Corporations

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Paula Nagarajan

QSBS Revamped: Important Changes to the Qualified Small Business Stock Exclusion for Founders and Investors

The One Big Beautiful Bill Act (“OBBBA”), signed into law on July 4, 2025, introduced a number of significant amendments to the Internal Revenue Code. Among the OBBBA’s most notable changes are the revisions to Section 1202 of… more

Internal Revenue Code (IRC), Investment, Investors, New Legislation, One Big Beautiful Bill Act

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Jonathan Neville

Strategies for Negotiating with a Franchisee and Franchisor

AGG’s Retail Industry Team is pleased to present you with the next installment of “AGG Retail Minute or Two,” a series of short videos by our team members on a topic of interest in our industry. In this video, AGG Partner Jon… more

Commercial Leases, Commercial Tenants, Franchise Agreements, Franchises, Franchisors

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Kelsey O'Neill

Government Investigations Team Insights - February 2025

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors and federal agency attorneys, has successfully represented… more

Anti-Kickback Statute, Compliance, Cryptoassets, Department of Justice (DOJ), Digital Assets

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T. Chase Ogletree

The Pitch - January 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Antitrust Litigation, Artificial Intelligence, Athletes, College Athletes, Copyright

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Matthias Ohm

Trump’s Sweeping Travel Ban Against 12 Countries, Restrictions on 7 Others Takes Effect

On June 4, 2025, President Trump signed a travel ban that will completely bar foreign nationals from 12 countries from traveling to the United States and places strict limited-travel restrictions on seven others… more

Executive Orders, Foreign Nationals, Immigration, International Travel, National Security

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William Olsen

“Modernized” and “Improved” Systems and Processes: How the Anti-Money Laundering Act of 2020 Changes the Landscape for Government Investigations

With bipartisan support and overriding (for the first and only time during the Trump presidency) a presidential veto, Congress passed the National Defense Authorization Act (“NDAA”) on January 1, 2021.1 As part of the NDAA,… more

Anti-Money Laundering, Bank Secrecy Act, Beneficial Owner, Financial Institutions, FinCEN

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Richard Oparil

Amazon Issues New Requirements for Dietary Supplements Sold on Its Site – At Least One Will Be Problematic

In a move that some in the natural product space have been asking for, Amazon has begun the process of implementing new requirements for selling dietary supplements on its online platform… more

Amazon, Dietary Supplements, Labeling, Marketing, Online Platforms

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Nick Passarello

Understanding the Upcoming Shift to “Hardwired” LIBOR Replacement Provisions in Bilateral Business Loan Documents

By the end of October 2020, lenders should begin adopting a “hardwired” approach to replacing the benchmark interest rate for new loan originations with LIBOR-based interest rates. That’s according to the updated ARRC… more

Alternative Reference Rates Committee (ARRC), Banking Sector, Benchmarks, Interest Rates, Libor

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Hanish Patel

The Pitch - June 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Artificial Intelligence, Copyright, Entertainment Industry, Event Tickets, Film Industry

See all updates »

Henry Perlowski

Supreme Court Eliminates Heightened Standard for “Reverse Discrimination” Claims

On June 5, 2025, the Supreme Court of the United States unanimously ruled in Ames v. Ohio Department of Youth Services that plaintiffs alleging employment discrimination under Title VII of the Civil Rights Act of 1964 are not… more

Affirmative Action, Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Appeals, Civil Rights Act

See all updates »

Mindy Planer

The Main Street Lending Program: Which Small and Mid-Sized Businesses Are Eligible?

The Federal Reserve continues to make major changes to the Main Street Lending Program (the “Program”), a brand-new, multi-facility $600 billion lending program designed to make additional credit available to small and mid-sized… more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Landlords, Main Street Expanded Loan Facility

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Suzanne Tucker Plybon

Increased Wealth Transfer Tax Exemptions Made Permanent in One Big Beautiful Bill

The new tax cut and spending bill known as the “One Big Beautiful Bill Act,” which was signed into law on July 4, 2025, increases federal estate, gift, and generation-skipping transfer (“GST”) tax exemptions to $15 million for… more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, New Legislation

See all updates »

Stephen Pocalyko

Trump’s Sweeping Travel Ban Against 12 Countries, Restrictions on 7 Others Takes Effect

On June 4, 2025, President Trump signed a travel ban that will completely bar foreign nationals from 12 countries from traveling to the United States and places strict limited-travel restrictions on seven others… more

Executive Orders, Foreign Nationals, Immigration, International Travel, National Security

See all updates »

Madison Pool

OIG Audit Finds Cybersecurity Gaps at Large Northeastern Hospital

On July 11, 2025, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) posted a report that announced the findings of a cybersecurity audit it conducted of a large Northeastern hospital,… more

Cyber Attacks, Cybersecurity, Data Privacy, Data Security, Enforcement Actions

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Allison Raley

On Demand, On Purpose: Fashion Manufacturing That Doesn’t Cost the Earth

In this episode, Allison Raley, AGG’s Women in Tech Law co-chair, is joined by Tia Robinson, TEDx speaker and founder of Vertical Activewear, to discuss how mindfulness, sustainability, and innovation are shaping the fashion and… more

B Corporation, Circular Economy, Environmental Social & Governance (ESG), Fashion Industry, Manufacturers

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W. Jerad Rissler

Healthcare Authority Newsletter - August 2025 #1

News Briefs - Senators Seek Enforcement of No Surprises Act Good-Faith Estimate - The Senate Committee on Health, Education, Labor and Pensions is asking Health and Human Services Secretary Robert F. Kennedy Jr. and other Trump… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Data Breach, Drug Pricing, Health Care Providers

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Jeremy Ritter-Wiseman

Healthcare Providers Keep Singing the Blues About Unfair Reimbursement Rates But Blue Cross Blue Shield Won’t Change Its Tune

After more than a decade of litigation and more than $5 billion in settlements, the Blue Cross Blue Shield Association (“BCBSA”) and its affiliate insurance companies (the “BCBS Entities”) appear to be up to their old tricks… more

Antitrust Litigation, Antitrust Violations, Competition, Health Care Providers, Health Insurance

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Barbara Rogers

Supreme Court Rules in Favor of Hospitals in HHS DSH Payment Dispute

On June 3, 2019, the Supreme Court of the United States (SCOTUS) issued an opinion in Azar v. Allina Health Services whereby it ruled that the United States Department of Health and Human Services (HHS) violated the Medicare Act… more

Administrative Procedure Act, Azar v Allina Health Services, Department of Health and Human Services (HHS), Hospitals, Low-Income Issues

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Hedy Silver Rubinger

SNF Off-Cycle CMS-855A Reporting Delayed to January 1, 2026

The Centers for Medicare & Medicaid Services (“CMS”) has extended the window for skilled nursing facilities (“SNFs”) to file off-cycle Medicare revalidation documents until January 1, 2026. This marks CMS’ third deadline… more

Centers for Medicare & Medicaid Services (CMS), Disclosure Requirements, Filing Deadlines, Healthcare, Healthcare Facilities

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Gabriel Scannapieco

DOJ Sharpens Focus on Cybersecurity Compliance in Healthcare: Illumina FCA Settlement Signals Broader Trend

On July 31, 2025, the U.S. Department of Justice announced that Illumina Inc. agreed to pay $9.8 million to resolve False Claims Act (“FCA”) allegations concerning cybersecurity deficiencies in its genomic sequencing systems… more

Biotechnology, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Abe Schear

Three Easy Tips for Lease Negotiations

In negotiating leases, there are many potential pitfalls. Below, we highlight three common issues, as well as smart strategies that will lead to better outcomes at the negotiation table. A failure to distinguish important issues… more

Commercial Leases, Commercial Real Estate Contracts, Commercial Real Estate Market, Contract Disputes, Contract Negotiations

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John Schneible Ph.D.

Federal Circuit Delivers Blow to AI-Based Patents in Precedential Decision

On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Recentive Analytics, Inc. v. Fox Corp. The Federal Circuit held that the Asserted Patents — which relate to methods of… more

Algorithms, Appeals, Artificial Intelligence, Machine Learning, Patent Litigation

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Andrew Schutt

AGG Talks: Cross-Border Business - Economic Incentives for Foreign Companies Entering the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by AGG Economic Development & Public Finance attorneys Andrew Schutt and Ansly Moyer to discuss economic… more

Business Entities, Business Formation, Corporate Governance, Economic Development, Foreign Corporations

See all updates »

Sydney Selman

Supreme Court Eliminates Heightened Standard for “Reverse Discrimination” Claims

On June 5, 2025, the Supreme Court of the United States unanimously ruled in Ames v. Ohio Department of Youth Services that plaintiffs alleging employment discrimination under Title VII of the Civil Rights Act of 1964 are not… more

Affirmative Action, Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Appeals, Civil Rights Act

See all updates »

Jennifer Shelfer

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters “BLM”—… more

Black Lives Matter, Dispute Resolution, Employees, Employer Liability Issues, Employment Litigation

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Scott Shuman

Supreme Court Victory for Brick and Mortar

The Supreme Court of the United States issued a landmark decision allowing states to tax online purchases even when the seller has no physical presence in the state where the transaction occurs. This victory for brick and mortar… more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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Andrew Siegel

Six Points That Any Buyer of Student Housing Should Consider

Student housing is attractive to investors, especially at much sought-after universities with growing enrollments. Unlike a traditional multifamily transaction, a student housing deal places great importance not only on the… more

Buyers, Colleges, Condition Precedent, Housing Market, Leases

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Teri Simmons

How to Prepare Your Company for Increased ICE Enforcement

Delivering on his campaign pledges since assuming office, President Trump has dramatically increased immigration enforcement. There are numerous, well-reported instances of undocumented immigrants being arrested and sent to… more

Employee Rights, Employer Responsibilities, Foreign Workers, Form I-9, Immigration and Customs Enforcement (ICE)

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Priya Sinha

CMS Issues Final Rule Mandating New Minimum Staffing Standards for Long-Term Care Facilities

On April 22, 2024, The Centers for Medicare & Medicaid Services (“CMS”) issued the “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency… more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Workers, Long Term Care Facilities, Medicaid

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Philip Skinner

AGG's Global Commerce Team Insights - July 2019

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S. market… more

Civil Monetary Penalty, Inflation Adjustments, Penalties, Real Estate Investments, Trademarks

See all updates »

Douglas Smith

COBRA Subsidy Requirements Under the American Rescue Plan Act of 2021

Among many other pandemic relief provisions, the recently enacted American Rescue Plan Act of 2021 (“ARPA”) includes provisions for certain (a) COBRA subsidies, (b) extended COBRA election periods, and (c) related notice… more

American Rescue Plan Act of 2021, Benefit Plan Sponsors, COBRA, Employee Benefits, Employer Group Health Plans

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Jay Solomon

How International Companies Approach Talent Shortages in the Southeast Recap

Finding workers was the focus of a recent Workforce Symposium sponsored by Tula Executive Search, Arnall Golden Gregory LLP, and Advantage Austria. The topic was how international companies approach talent shortages… more

Labor Commissioners, Labor Shortage, Visas

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Tycho Stahl

AGG's Global Commerce Team Insights - July 2019

AGG’s Global Commerce Team Insights is a monthly update covering legal and regulatory topics. Our team assists foreign companies to mitigate risk in order to capitalize on the opportunities presented by entering the U.S. market… more

Civil Monetary Penalty, Inflation Adjustments, Penalties, Real Estate Investments, Trademarks

See all updates »

Sarah Steputis

Georgia Licensing Now Requiring Affidavit of Financial Stability in Support of Initial and Change of Ownership Applications

In response to media reports regarding alleged deficient practices in some of Georgia’s long-term care facilities, House Bill 987 (“HB 987”) was signed into law on June 30, 2020, amending Title 31 of the O.C.G.A… more

Affidavits, Assisted Living Facilities (ALFs), Change of Ownership, Georgia, Healthcare

See all updates »

Andrew Stevens

Sixth Circuit Holds That Federal Four-Year Statute of Limitations Applies to Disability Discrimination Claims under Section 1557 of the ACA

In the face of tragic allegations, the Sixth Circuit has held that a patient’s disability discrimination claim against a hospital is not timed barred by the Rehabilitation Act, which borrows a state’s applicable statute of… more

Affordable Care Act, Bodily Injury, Disability Discrimination, Health Care Providers, Healthcare

See all updates »

Brian Stimson

HHS Policy Changes, Supreme Court Rulings, and the DOJ-HHS False Claims Act Working Group

In this episode, Alan Minsk, AGG Food & Drug practice chair and Life Sciences co-chair, and Brian Stimson, co-chair of the Healthcare practice and former acting general counsel and principal deputy general counsel of the U.S… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Drug Pricing, Enforcement Actions, False Claims Act (FCA)

See all updates »

Felix Swierski IV

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

Wealthy families should consider taking advantage of the favorable estate planning environment that 2024 brings. Next year, the estate, gift, and generation-skipping transfer tax exemptions, which are adjusted annually for… more

Corporate Transparency Act, Estate Planning, FinCEN, Gifts, Reporting Requirements

See all updates »

Brian Teras

New SEC Cybersecurity Rules Are Here: What Should Companies Be Doing to Comply?

SEC Cybersecurity Rule Fact Sheet What Is the New Rule? In late July 2023, the SEC adopted new rules that will require publicly traded companies to: disclose cybersecurity incidents within four business days of determining… more

Compliance, Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements

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Erica Tokar

AGG Talks: Cross-Border Business - Navigating Inbound Franchising in the U.S.

In this episode, Mike Burke, AGG Corporate partner and leader of the Ireland & Northern Ireland practice, is joined by Erica Tokar and Leah Braukman, attorneys in AGG’s Corporate practice, to discuss inbound franchising of… more

Attorney General, Cross-Border Transactions, Franchises, Securities and Exchange Commission (SEC), State Attorneys General

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Nicholas Tsimortos

What the Supreme Court’s Loper Decision Means for the Affordable Housing Industry

Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five years… more

Administrative Agencies, Administrative Authority, Administrative Procedure Act, Affordable Housing, Chevron Deference

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Andrew Tsui

AGG Talks: Cross-Border Business Podcast - Episode 27: U.S. Healthcare Reimbursement Guidance for Foreign Life Sciences Companies

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by Andrew Tsui, AGG Healthcare Litigation partner, to explore the intricacies of reimbursement in the U.S… more

Cross-Border, Enforcement Actions, Foreign Investment, Healthcare, Life Sciences

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Michael Van Cise

U.S. Supreme Court Lifts Fifth Circuit Court of Appeals Injunction Reinstating Filing Requirements Under Corporate Transparency Act

This is the sixth installment in our ongoing series of client alerts on the Corporate Transparency Act (the “CTA”)… more

Beneficial Owner, Compliance, Corporate Transparency Act, Department of Justice (DOJ), Filing Deadlines

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Jeremy Ware

Increased Wealth Transfer Tax Exemptions Made Permanent in One Big Beautiful Bill

The new tax cut and spending bill known as the “One Big Beautiful Bill Act,” which was signed into law on July 4, 2025, increases federal estate, gift, and generation-skipping transfer (“GST”) tax exemptions to $15 million for… more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, New Legislation

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Kadeja Watts

OCR Issues Proposed Rule to Strengthen Cybersecurity for ePHI

The Office for Civil Rights (“OCR”) under the U.S. Department of Health and Human Services (“HHS”) recently issued a Notice of Proposed Rulemaking (the “Proposed Rule”) to modify the Health Insurance Portability and… more

Cybersecurity, Data Privacy, Data Protection, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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Nicole Wemhoff

Mental Health Parity Enforcement Paused: What Providers and Patients Need to Know

On May 15, 2025, the U.S. Departments of Labor, Health and Human Services, and the Treasury issued a statement related to the enforcement of the Mental Health Parity and Addiction Equity Act (“MHPAEA”)… more

Department of Health and Human Services (HHS), Department of Labor (DOL), Enforcement Actions, Executive Orders, Final Rules

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Frank White

Don’t Rock the Vote, Baby: 11th Circuit Confirms That Materially Adverse Ch. 11 Plan Modifications Require a New Disclosure Statement and Resolicitation of Voting on the Plan By Affected Interest Holders

In a detailed and emphatic ruling on January 5, 2023, the U.S. Court of Appeals for the 11th Circuit made it clear that if a pending Chapter 11 plan, after initial plan solicitation and voting by creditors, is modified in any… more

Bankruptcy Court, Chapter 11, Corporate Counsel, Creditors, Debt Restructuring

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Tyson Willis

Increased Wealth Transfer Tax Exemptions Made Permanent in One Big Beautiful Bill

The new tax cut and spending bill known as the “One Big Beautiful Bill Act,” which was signed into law on July 4, 2025, increases federal estate, gift, and generation-skipping transfer (“GST”) tax exemptions to $15 million for… more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax, New Legislation

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J. Grant Wilmer Jr.

Update on Potential Tax Changes

Facing procedural challenges and continued pushback from certain Democrats, last Thursday, December 16, 2021, the Biden Administration announced that negotiations relating to the “Build Back Better Act” will continue into 2022… more

Biden Administration, Legislative Agendas

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Matthew Wilson

Using Popular Songs in Social Media? How to Avoid Costly Copyright Mistakes

Companies that rely on digital marketing and social media are now facing serious consequences over music copyright. Many have been hit with multimillion-dollar lawsuits for unwittingly using popular songs in social media posts… more

Advertising, Copyright, Copyright Infringement, Damages, IP License

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Zach Wilson

IRS Issues Third Warning on Employee Retention Credit Claims

On March 7, 2023, the IRS issued a third warning urging employers to be wary of promoters who push ineligible employers to claim the Employee Retention Credit (“ERC”). The IRS issued its first warning on October 19, 2022, and a… more

Employee Retention, IRS, Tax Credits

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Erin Winn

The Pitch - May 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse… more

Antitrust Litigation, Athletes, Celebrities, Copyright Infringement, Copyright Litigation

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James Wiseman

Federal Court Permits MultiPlan Antitrust MDL to Proceed: Court Upholds Federal and State Antitrust and Consumer Protection Claims, Paving Path to Discovery

On June 3, 2025, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois issued a sweeping ruling in In re MultiPlan Health Insurance Provider Litigation, largely denying motions to dismiss… more

Antitrust Litigation, Antitrust Violations, Competition, Health Insurance, Hospitals

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C. Knox Withers

What Commercial Landlords Need to Know About a Tenant’s Bankruptcy

Introduction - Despite the parties’ best intentions at the beginning of a commercial lease, landlords will inevitably encounter tenants in financial distress. Ultimately, some tenants will seek protection in bankruptcy, whether… more

Automatic Stay, Bankruptcy Code, Chapter 11, Chapter 7, Commercial Bankruptcy

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Lori Wright

[Webinar] FDA Tries to Keep Up: How FDA and Industry Are Trying to Keep Up With Artificial Intelligence - September 13th, 2:00 pm - 3:00 pm EDT

FDA has cleared or approved hundreds of products that work with artificial intelligence (“AI”) and acknowledges that the agency and industry need help navigating how FDA-regulated products engage with AI. In response to the… more

Artificial Intelligence, Continuing Legal Education, Draft Guidance, FDA Approval, Food and Drug Administration (FDA)

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Matthew Zapadka

Federal Circuit Delivers Blow to AI-Based Patents in Precedential Decision

On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Recentive Analytics, Inc. v. Fox Corp. The Federal Circuit held that the Asserted Patents — which relate to methods of… more

Algorithms, Appeals, Artificial Intelligence, Machine Learning, Patent Litigation

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Meicheng Zhu

Federal Circuit Expands Types of Investments That Satisfy the ITC’s “Domestic Industry” Requirement

Two recent Federal Circuit decisions open the doors of the United States International Trade Commission (“ITC”) to smaller companies that are threatened by unfair imports… more

Competition, Distributors, Imports, Intellectual Property Litigation, International Trade Commission (ITC)

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