Author Info for Epstein Becker & Green

Alexandria Adkins

Many State and Local Minimum Wages Increased on January 1, 2025

Once again, we rang in the new year with a great many state and local minimum wage increases. This year, 23 states—and several counties and cities—will increase their minimum wages and, where applicable, tipped minimum… more

Labor Regulations, Minimum Wage, State and Local Government, State Labor Laws, Tip Credit

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Corey Argust

President’s Termination of NLRB General Counsel and Member - What Does This Mean?

As expected, the Trump administration has shifted the National Labor Relations Board (“NLRB”) into a new era marked by notable changes that will reshape the Board… more

Corporate Counsel, Department of Labor (DOL), Labor Reform, Labor Relations, NLRA

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Alan Arville

HRSA Seeks Applicants to Test 340B Rebate Model Pilot Program

On August 1, 2025, the U.S. Department of Health and Human Services (“HHS”) Health Resources and Services Administration (“HRSA”) issued a call for applications for a 340B Rebate Model Pilot Program (the “Pilot Program”)… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, HRSA

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Jeremy Avila

A Fact-Intensive Inquiry: How California Courts Are Resolving Authenticity Disputes of Electronically Signed Arbitration Agreements

For more than a decade, California courts have wrestled with the challenge of how to resolve disputes over the authenticity of electronically signed arbitration agreements… more

Appeals, Arbitration, Arbitration Agreements, California, Class Action

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Kirsten Backstrom

CMS Issues Long-Awaited Rule Regarding Reporting and Returning Overpayments

Section 6402(a) of the Affordable Care Act (“ACA”), which was enacted by Congress in 2010, requires a person who has received an overpayment to report and return the overpayment to the Secretary of Health and Human Services, the… more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Final Rules, Medicare, Overpayment Recovery Time Limits

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Carlie Bacon

Next Year's Legal Buzz: What’s Brewing for Oregon and Washington Employers in 2025

Grab a cup of coffee, settle in, and learn about new obligations and restrictions for Oregon and Washington employers… more

Employer Liability Issues, Employment Policies, Healthcare, Hiring & Firing, Human Resources Professionals

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Jennifer Barna

DEI Dead at Revamped EEOC: EEOC Enforcement Priorities After Trump Administration Makeover

President Donald Trump has made several significant and sudden changes at the Equal Employment Opportunity Commission (“EEOC” or “the Commission”), the agency responsible for enforcing Title VII of the Civil Rights Act of 1964… more

Affirmative Action, Civil Rights Act, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Alexander Barnard

Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast

Early decisions in high-stakes litigation can shape both the courtroom and public narratives, yet critical first-move strategies are underutilized. Why It Matters: • Setting the Tone Early: Find out how pre-litigation… more

Business Litigation, Commercial Litigation, Dispute Resolution, Employment Litigation, Litigation Strategies

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Kathleen Barrett

The New Trump Administration’s Immigration Enforcement Policy: What Employers Must Know

On January 20, 2025, President Trump signed numerous executive orders related to his immigration policy objectives, including a declaration of a national emergency at the southern border, which will allow the use of federal… more

Department of Homeland Security (DHS), E-Verify, Enforcement Actions, Executive Orders, Form I-9

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John Barry

NY Chiropractor Sentenced to Nine Years in Prison for Health Care Fraud Scheme

On April 13, 2021, a New York-based chiropractor, was sentenced to nine years in prison, and ordered to pay close to $20 million, for running what the federal government alleged was a large scale scheme to defraud Medicare and… more

Chiropractors, Criminal Prosecution, Health Care Providers, Healthcare Fraud

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Jeffrey Becker

Key Highlights of the New York State Public Health and Health Planning Council's Recommendations for Oversight of Ambulatory Care Services

In the setting of a more sophisticated, cost-conscious patient population coupled with a potential crisis with respect to primary care access, more and more ambulatory and stand-alone clinic services are becoming available to… more

Healthcare, Healthcare Reform

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Jill Bigler

Pay Equity Expands in Ohio: Cleveland Passes Ordinance

In April 2025, the City of Cleveland approved Ordinance No. 104-2025 (the “Ordinance”), which will impose a salary history ban and create a pay disclosure requirement for employers starting Monday, October 27, 2025… more

Compensation & Benefits, Disclosure Requirements, Employee Rights, Employer Responsibilities, Job Ads

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Shira Blank

Updated New York Retail Worker Safety Act Takes Effect Soon

As we explained in a previous blog post, last fall, Governor Kathy Hochul signed the New York Retail Worker Safety Act (NYRWSA) into law, obligating employers to provide certain safety measures for retail workers by early March… more

Compliance Dates, Employee Training, Employer Responsibilities, New Legislation, New York

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Alexis Boaz

HRSA Seeks Applicants to Test 340B Rebate Model Pilot Program

On August 1, 2025, the U.S. Department of Health and Human Services (“HHS”) Health Resources and Services Administration (“HRSA”) issued a call for applications for a 340B Rebate Model Pilot Program (the “Pilot Program”)… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, HRSA

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James Boiani

A Final Rule Bites the Dust, Part II: FDA Gives up on Regulating LDTs as Medical Devices

As the song goes, the Food and Drug Administration’s (“FDA’s”) 2024 Final Rule regulating laboratory-developed tests (“LDTs”) as medical devices (“Final Rule”), is not merely dead—it’s really most sincerely dead… more

Constitutional Challenges, Food and Drug Administration (FDA), Judicial Authority, Laboratory Developed Tests, Medical Devices

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Melissa Borrelli

Final Medicaid Managed Care Rule Updates Requirements Regarding Access, Finance, and Quality

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) issued the Medicaid and Children’s Health Insurance Program Managed Care Access, Finance and Quality Final Rule, a final rule that updates several regulatory… more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare

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Carolyn Boucek

Illinois Leads the Charge in Military Leave by Adopting Paid Funeral Honors Detail Leave

Eligible Illinois employees are now entitled to up to 40 hours of paid leave annually to serve on military funeral honors detail thanks to an amendment (the “Amendment”) to Illinois’s Military Leave Act that Governor Pritzker… more

Employer Responsibilities, Illinois, Military Leave, Military Service Members, New Legislation

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Patrick Brady

Special Immigration Alert: Due to COVID-19, DHS Allows Flexibility in Completing In-Person Form I-9 Verification

On March 20, 2020, the U.S. Department of Homeland Security (“DHS”) announced that it is temporarily amending the Form I-9 verification and reverification procedures that require company representatives to physically review the… more

Department of Homeland Security (DHS), Employment Eligibility Verification, Form I-9, Immigration Procedures, Shelter-In-Place

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George Breen

Complex Billing and Reasonable Interpretations: Jury Was Entitled to Find Fraud in Doctor’s Upcoding of Speedy COVID-19 Tests, Fourth Circuit Says

On July 17, 2025, the U.S. Court of Appeals for the Fourth Circuit held that a federal district court was “within bounds to order a do-over” in the case of Ron Elfenbein, a Maryland doctor who was found guilty of… more

Appeals, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Criminal Prosecution, Fraud

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Jonathan Brenner

California Governor Signs Law Mandating Supplemental Paid Sick Leave for Employees of Companies with 500 or More Employees

On September 9, 2020, California Governor Gavin Newsom signed Assembly Bill 1867 (“AB 1867”), mandating supplemental paid sick leave for employees of companies with 500 or more employees. AB 1867 fills gaps left open by the… more

Coronavirus/COVID-19, Corporate Counsel, Executive Orders, Families First Coronavirus Response Act (FFCRA), Food Service Workers

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Michael Brodlieb

Expanding the Reach of the DTSA: New Ruling Clarifies “Act in Furtherance” Requirement

Last summer, in a case of first impression, the U.S. Court of Appeals for the Seventh Circuit in Motorola Solutions, Inc. v. Hytera Communications Corporation Ltd held that the Defend Trade Secrets Act (the “DTSA”) rebuts the… more

Defend Trade Secrets Act (DTSA), Enforcement Actions, Extraterritoriality Rules, Foreign Defendants, Intellectual Property Litigation

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Jonathan Brollier

How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast

What makes a jury work—and what earns their trust? Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier. This episode unpacks the art of voir… more

Artificial Intelligence, Defense Strategies, Jury Consultants, Jury Selection, Jury Trial

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Jeremy Brown

Tesla Gets a Dressing Down by the NLRB

On August 29, 2022, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Tesla, Inc. regarding dress code policies that further the Biden Board’s efforts to remake NLRB policy. This decision has big… more

Dress Codes, Employment Policies, NLRB, Tesla, Union Insignia

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Deborah DeHart Cannavino

Continued Employment May Constitute Sufficient Consideration for Noncompete Agreements in Connecticut, but Uncertainty Remains

The Connecticut Supreme Court recently held that continued employment may constitute sufficient consideration for noncompete agreements under Connecticut law, but left unclear the parameters of that holding… more

Contract Terms, CT Supreme Court, Employer Liability Issues, Employment Contract, Hiring & Firing

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Alexandra Bruno Carlo

No Ultimatums: New York State Lawmakers Contemplate New Mandatory Provisions for Severance Agreements

On March 4, 2025, the New York Senate passed Senate Bill S372 (the “No Severance Ultimatums Act” or “S372”)… more

Contract Terms, Employee Benefits, Employee Rights, Employer Responsibilities, New Legislation

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Kimberly Carter

DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand - #WorkforceWednesday® - Employment Law This Week®

This week, we discuss the U.S. Department of Labor’s (DOL’s) plan to eliminate the Office of Federal Contract Compliance Programs (OFCCP) and the DOL’s new opinion letter program. On May 30, 2025, the DOL moved to eliminate the… more

Department of Labor (DOL), Employer Responsibilities, Employment Discrimination, Employment Policies, Enforcement Actions

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Brian Cesaratto

Proposed HIPAA Security Rule Updates May Significantly Impact Covered Entities and Business Associates

As we noted in our previous blog here, on January 6, 2025, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) published a Notice of Proposed Rulemaking (NPRM) proposing substantial revisions to… more

Business Associates, Cybersecurity, Data Privacy, Data Security, HIPAA Security Rule

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Emily Chi Fogler

National Science Foundation (NSF) Imposes 15% Indirect Cost Rate Cap: What to Know

On May 2, 2025, the National Science Foundation (“NSF”) issued a “Policy Notice: Implementation of Standard 15% Indirect Cost Rate” (NSF 25-034) (hereinafter “Policy Notice”) adopting a uniform 15% Indirect Cost Rate (“IDC”) for… more

Administrative Procedure Act, Colleges, Federal Funding, Life Sciences, National Science Foundation

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Jungmin Choi

Workplace ICE Raids Are Surging—Here’s How Employers Can Prepare - #WorkforceWednesday® - Employment Law This Week®

This week, we examine the current administration’s intensified workplace immigration enforcement and how employers can prepare: U.S. Immigration and Customs Enforcement (ICE) is ramping up worksite inspections and I-9 audits,… more

Audits, Employees, Employer Responsibilities, Enforcement Actions, Form I-9

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Spreeha Choudhury

As State Legislatures Debate Strengthening the Corporate Practice of Medicine Limitations, a Drug Manufacturer’s Lawsuits Shine a Light on the Relationship Between Telehealth Companies and Affiliated Medical Groups

Drug manufacturer Eli Lilly has filed suit against four companies involved in making, prescribing, and/or selling compounded versions of its weight loss and diabetes drugs ZEPBOUND® and MOUNJARO®… more

Business Litigation, California, Corporate Practice of Medicine, Enforcement Actions, Life Sciences

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Jason Christ

CMS Doubles Down on Medicare Advantage Recoupment: Announces Aggressive RADV Strategy to Reclaim Billions

On May 21, 2025, the Centers for Medicare & Medicaid Services (CMS) announced an aggressive plan (Plan) to expand its efforts to address fraud, waste, and abuse in Medicare Advantage (MA)… more

Appeals, Audits, Centers for Medicare & Medicaid Services (CMS), Enforcement Actions, Government Agencies

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Eleanor Chung

AI Infrastructure, Ideology, and Exports: Inside the White House’s New AI Orders

On July 23, 2025, the president signed three AI-related Executive Orders (“E.O.s”) to accompany the recently released White House’s Artificial Intelligence (AI) Action Plan (“AI Action Plan”). These E.O.s seek to add clarity to,… more

Artificial Intelligence, Data Centers, Executive Orders, Exports, Government Agencies

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David Clark

Texas Amends Restrictive Covenant Laws for Healthcare Providers

As state legislatures continue to reshape the landscape of restrictive covenants in the wake of federal uncertainty, Texas is one of the latest to amend its existing laws governing non-compete agreements for healthcare workers… more

Contract Terms, Employment Contract, Health Care Providers, Healthcare Workers, New Legislation

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Ryan Cochran

Authors Predict an Increase in the Use of State Court Receivership Proceedings

In the June 2024 edition of the American Bankruptcy Institute Journal the authors of “Why State Court Receiverships Are Becoming the Norm for Smaller Companies,” write that “state court receiverships are now poised to take… more

Bankruptcy Plans, Business Ownership, Commercial Bankruptcy, Financial Distress, Receivership

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Amy Cooperstein

Shielding Reproductive Freedom: Uncovering New York’s Law Protecting Providers from Civil and Criminal Liability

In the wake of the Dobbs decision, which eliminated the constitutional right to abortion, individual states were left to regulate or ban the procedure… more

Abortion, Civil Liability, Criminal Liability, Enforcement Actions, New York

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Diana Costantino Gomprecht

Courtroom Chemistry: How Trial Team Dynamics Shape Case Outcomes – Speaking of Litigation Video Podcast

Behind every successful trial is a team that knows how to work under pressure—but what sets trial teams apart? In this episode of Speaking of Litigation, Epstein Becker Green attorneys Shruti Panchavati, Melissa Jampol, and… more

Litigation Strategies, Trial Attorneys, Trial Practice Guidance

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Christopher (Chris) Coyne

Time is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims

The complex web of federal and state wage and hour laws create potentially devastating risk of exposure for employers… more

Contract Disputes, Contract Terms, Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA)

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Ashley Creech

CMS’s Rescission of 2022 EMTALA Guidance Presents New Considerations for Hospitals, Post-Dobbs

The Centers for Medicare & Medicaid Services (CMS) recently rescinded its July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (“2022 Guidance”)… more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, EMTALA

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Bailey Cremeans

Pushback of Deadline for SNFs to Submit Significantly More Detailed Ownership and Control Information in New “SNF Attachment” to CMS Form 855A

With newly confirmed Dr. Mehemet Oz at its helm, the Centers for Medicare & Medicaid Services (CMS) maintained but delayed the deadline for its requirement that Skilled Nursing Facilities (SNFs) to report significantly expanded… more

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

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Denise Merna Dadika

Preparing for 2025: New Laws and Workplace Posting Requirements for New Jersey Employers

Heading into 2025, New Jersey employers should familiarize themselves with notable 2024 legislative and administrative actions in the employment space… more

Employee Benefits, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

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Audrey Davis

DEA Telemedicine Rules Further Delayed Until (Nearly) 2026

Those waiting anxiously for the rules expanding the prescribing of buprenorphine via telemedicine and the controlled substance prescribing for patients at the Department of Veterans Affairs to officially go into effect will now… more

Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ), Department of Veterans Affairs

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Shannon DeBra

Vendor Fees Flagged as Kickback Risk in HHS OIG Advisory Opinion

On July 7, 2025, the Office of Inspector General (“OIG”) for the Department of Health and Human Services published Advisory Opinion 25-08 (“AO 25-08”), an unfavorable and strongly worded opinion interpreting the “arranging for”… more

Anti-Kickback Statute, Compliance, Department of Health and Human Services (HHS), Healthcare Fraud, Hospitals

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Paul DeCamp

DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand - #WorkforceWednesday® - Employment Law This Week®

This week, we discuss the U.S. Department of Labor’s (DOL’s) plan to eliminate the Office of Federal Contract Compliance Programs (OFCCP) and the DOL’s new opinion letter program. On May 30, 2025, the DOL moved to eliminate the… more

Department of Labor (DOL), Employer Responsibilities, Employment Discrimination, Employment Policies, Enforcement Actions

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Aime Dempsey

Trade Secrets in Hollywood: Lessons from Oscar-Nominated Films - Employment Law This Week® - Spilling Secrets Podcast

This week, on our Spilling Secrets podcast series, our panelists dig into trade secrets lessons employers can learn from hit movies: In this episode, Epstein Becker Green attorneys Daniel R. Levy, Aime Dempsey, and George… more

Confidential Information, Contract Terms, Employee Training, Employment Contract, Intellectual Property Protection

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Laura DePonio

National Science Foundation (NSF) Imposes 15% Indirect Cost Rate Cap: What to Know

On May 2, 2025, the National Science Foundation (“NSF”) issued a “Policy Notice: Implementation of Standard 15% Indirect Cost Rate” (NSF 25-034) (hereinafter “Policy Notice”) adopting a uniform 15% Indirect Cost Rate (“IDC”) for… more

Administrative Procedure Act, Colleges, Federal Funding, Life Sciences, National Science Foundation

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Amy Dow

A Final Rule Bites the Dust, Part II: FDA Gives up on Regulating LDTs as Medical Devices

As the song goes, the Food and Drug Administration’s (“FDA’s”) 2024 Final Rule regulating laboratory-developed tests (“LDTs”) as medical devices (“Final Rule”), is not merely dead—it’s really most sincerely dead… more

Constitutional Challenges, Food and Drug Administration (FDA), Judicial Authority, Laboratory Developed Tests, Medical Devices

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Anjali Downs

U.S. Department of Labor Settles Unprecedented Lawsuit Against United Healthcare for Violations of the Mental Health Parity and Addiction Equity Act

In the clearest indication yet of the increased enforcement of the Mental Health Parity and Addiction Equity Act (“MHPAEA”) under the Biden-Harris administration, two settlement agreements filed on August 11 provide that United… more

Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Enforcement Actions, Health Care Providers

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Julianna Dzwierzynski

HHS Recommends Re-Classification of Marijuana as a Schedule III Controlled Substance – A Bellwether for the Future of Cannabis-ness

On August 30, an official at the United States Department of Health and Human Services (HHS) released one of the most significant announcements made at the federal level concerning marijuana reclassification. In a letter dated… more

Biden Administration, Cannabis Products, Controlled Substances, Controlled Substances Act, DEA

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Eric Emanuelson Jr.

Pay Transparency Developments: Washington Limits Its Equal Pay & Opportunities Act in 2025 Amendments

Earlier this year, Washington enacted new amendments (the “2025 Amendments”) to its pay equity law, which will soon bring some relief to employers… more

Administrative Remedies, Damages, Disclosure Requirements, Employer Responsibilities, Employment Discrimination

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Kathryn English

Beyond the Ban: Employer Considerations after SCOTUS’s Gender Care Ruling

On June 18, 2025, in the case of United States v. Skrmetti, the Supreme Court of the United States (SCOTUS) upheld Tennessee’s ban on gender-affirming care for minors, concluding that the law (titled Prohibition on Medical… more

Employee Benefits, Employer Responsibilities, Employment Discrimination, Equal Protection, Gender Identity

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John Eriksen

The Trump Administration’s Immigration Enforcement Policy: What Hospitals and Health Care Providers Must Know for Their Patients, Staff, and Visitors

It is by now common knowledge that on Inauguration Day, January 20, 2025, President Trump signed numerous executive orders geared toward the implementation of his immigration policy objectives, setting the stage for what he has… more

Data Privacy, Data Protection, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hospitals

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Daniel Fahey

Oregon SB 951, Regulating the Corporate Practice of Medicine, Awaits Governor’s Signature

SB 951, which bolsters existing Oregon law prohibiting the corporate practice of medicine (CPOM), passed the state House of Representatives on May 28 and now awaits the signature of Governor Tina Kotek… more

Corporate Practice of Medicine, Healthcare, Healthcare Facilities, New Legislation, Oregon

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Christopher Farella

Harnessing AI in Litigation: Techniques, Opportunities, and Risks – Speaking of Litigation Video Podcast

What if the key to navigating your most complex legal challenges lies in the capabilities of artificial intelligence (AI)? Join Epstein Becker Green attorneys Alkida Kacani and Christopher Farella as they sit down with Jonathan… more

Artificial Intelligence, Business Litigation, Data Management, Document Review, e-Discovery

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Tzvia Feiertag

Hot Dogs, Fireworks, and the One Big Beautiful Bill: What Employers Need to Know About the Employee Benefits and Executive Compensation Changes

On July 4, 2025, there were more than hot dogs and fireworks. President Trump signed the One Big Beautiful Bill Act (OBBB), a comprehensive law that implements several of the administration’s tax, health, defense, and energy… more

Employee Benefits, Employer Contributions, Executive Compensation, Internal Revenue Code (IRC), New Legislation

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Michael Ferrell

#WorkforceWednesday®: Employment Law in 2025: A Look Ahead - Employment Law This Week®

Happy New Year! As we kick off 2025, we’re exploring key legal trends for employers, with a focus on the implications of the incoming Trump administration. In this episode, attorneys from Epstein Becker Green's Employment,… more

Employment Contract, Federal Labor Laws, Labor Reform, Labor Regulations, Regulatory Agenda

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Brittany Finder

New York City Prohibits Provisions Shortening Statutes of Limitations for Complaints and Civil Actions Related to Discrimination, Harassment, or Violence

The New York City Council recently amended Sections 8-109 and 8-502 of the New York City Administrative Code, directly affecting employment agreements… more

City of New York, Discrimination, Employees, Employer Liability Issues, Employment Contract

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Helaine Fingold

CMS Issues CY 2026 MA & Part D Rate Announcement, Final Rule on CY 2026 Policy and Technical Changes to Programs, While Seeking Input on Burdensome Medicare Regulations for Rescission

Several April releases seem to signal some basis for optimism for stakeholders in Medicare Advantage and Part D, though with sufficient undertones to recommend caution… more

Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Final Rules, Inflation Reduction Act (IRA), Medicare Advantage

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Heather Stone Fletcher

We’re Not in Kansas Anymore: ESG, Cryptocurrency, and Alternative Asset Investments in 401(k) Plans, Oh My!

What You Need to Know - The Trump Administration has shifted away from Biden-era rules related to certain investments, like alternative asset investments, ESG, and cryptocurrency in 401(k) plans… more

401k, Alternative Investment Funds, Cryptocurrency, Department of Labor (DOL), Employee Benefits

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James Flynn

Copyright Infringement Liability for Generative AI Training Following the Copyright Office’s AI Report and Administrative Shakeup

When multiple forces act on an object, its direction of motion is determined by the net force, which is the vector sum of all individual forces. When this happens within our federal government, we call it “interesting times.”… more

Artificial Intelligence, Copyright Infringement, Copyright Litigation, Copyright Office, Fair Use

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Adam Forman

Colorado’s Historic AI Law Survives Without Delay (So Far)

On May 17, 2024, Colorado Governor Jared Polis signed Colorado’s historic artificial intelligence (AI) consumer protection bill, SB 24-205, colloquially known as “Colorado’s AI Act” (“CAIA”), into law… more

Algorithms, Artificial Intelligence, Colorado, Consumer Protection Laws, Disclosure Requirements

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James Frank

NLRB Finds Lawful Employer Statements to Employees Are Unlawful Going Forward

Just hours after it became clear that Donald Trump would be returning to the White House, the majority Democratic National Labor Relations Board (“NLRB”) showed no signs of slowing down its efforts to implement the Biden… more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

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Joshua Freemire

As State Legislatures Debate Strengthening the Corporate Practice of Medicine Limitations, a Drug Manufacturer’s Lawsuits Shine a Light on the Relationship Between Telehealth Companies and Affiliated Medical Groups

Drug manufacturer Eli Lilly has filed suit against four companies involved in making, prescribing, and/or selling compounded versions of its weight loss and diabetes drugs ZEPBOUND® and MOUNJARO®… more

Business Litigation, California, Corporate Practice of Medicine, Enforcement Actions, Life Sciences

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Arthur Fried

Ninth Circuit Applies EKRA to Marketing Intermediaries in Lab Operator’s Allergy Testing Scheme

The U.S. Court of Appeals for the Ninth Circuit has held that a laboratory owner’s payments to marketing intermediaries violated the Eliminating Kickbacks in Recovery Act (EKRA)—in its first interpretation of the statute since… more

Criminal Prosecution, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions, Fraud, Healthcare Fraud

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Naomi Friedman

Training Artificial Intelligence and Employer Liability: Lessons from Schuster v. Scale AI

The discussion of Artificial Intelligence (“AI”) in the workplace typically focuses on whether the AI tool and model has a discriminatory impact. This means examining whether the AI output creates an unlawful disparate… more

Artificial Intelligence, Employer Liability Issues, Employer Responsibilities, Employment Litigation, Hostile Environment

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Daniel Fundakowski

From Best Practices to Enforcement: Decoding DOJ’s July 29 Anti-Discrimination Guidance

On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies providing guidance addressing “unlawful discrimination” on the basis of race, color, national origin, sex, religion, or other protected… more

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

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Kate Gallin Heffernan

The Final Rule on Research Misconduct Regulations: What Institutions Need to Know as Implementation Looms

When the current federal administration took office, it issued a memorandum requiring, among other things, that federal agencies delay the issuance of new or proposed rules to the Office of the Federal Register until further… more

Department of Health and Human Services (HHS), Final Rules, Government Agencies, New Regulations, Policies and Procedures

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David Garland

#WorkforceWednesday®: Employment Law in 2025: A Look Ahead - Employment Law This Week®

Happy New Year! As we kick off 2025, we’re exploring key legal trends for employers, with a focus on the implications of the incoming Trump administration. In this episode, attorneys from Epstein Becker Green's Employment,… more

Employment Contract, Federal Labor Laws, Labor Reform, Labor Regulations, Regulatory Agenda

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America Garza

Updated New York Retail Worker Safety Act Takes Effect Soon

As we explained in a previous blog post, last fall, Governor Kathy Hochul signed the New York Retail Worker Safety Act (NYRWSA) into law, obligating employers to provide certain safety measures for retail workers by early March… more

Compliance Dates, Employee Training, Employer Responsibilities, New Legislation, New York

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Stuart Gerson

Ninth Circuit Applies EKRA to Marketing Intermediaries in Lab Operator’s Allergy Testing Scheme

The U.S. Court of Appeals for the Ninth Circuit has held that a laboratory owner’s payments to marketing intermediaries violated the Eliminating Kickbacks in Recovery Act (EKRA)—in its first interpretation of the statute since… more

Criminal Prosecution, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions, Fraud, Healthcare Fraud

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Jeb Gerth

What Health Care Lawyers and Professionals Need to Know About Emerging Employee Benefit Issues

“ERISA, you’ll need a lawyer for that.” Our practice group’s tagline is meant to be a shorthand for the alphabet soup of laws that apply to employee benefits, including the Employee Retirement Income Security Act (ERISA)… more

Compliance, Cybersecurity, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Responsibilities

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Jessica Giambrone Palmese

SCOTUS Levels the Field for “Reverse” Discrimination: Potential Consequences

Writing for a unanimous Court, Justice Ketanji Brown Jackson states that Title VII does not require a plaintiff who is a member of a “majority” group to present “additional background circumstances” as the lower court had held… more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Nathaniel Glasser

AI Infrastructure, Ideology, and Exports: Inside the White House’s New AI Orders

On July 23, 2025, the president signed three AI-related Executive Orders (“E.O.s”) to accompany the recently released White House’s Artificial Intelligence (AI) Action Plan (“AI Action Plan”). These E.O.s seek to add clarity to,… more

Artificial Intelligence, Data Centers, Executive Orders, Exports, Government Agencies

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Amanda Gómez

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s… more

Americans with Disabilities Act (ADA), Denial of Certiorari, Disability, Employer Liability Issues, Gender Dysphoria

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Rachel Snyder Good

AI Infrastructure, Ideology, and Exports: Inside the White House’s New AI Orders

On July 23, 2025, the president signed three AI-related Executive Orders (“E.O.s”) to accompany the recently released White House’s Artificial Intelligence (AI) Action Plan (“AI Action Plan”). These E.O.s seek to add clarity to,… more

Artificial Intelligence, Data Centers, Executive Orders, Exports, Government Agencies

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James Goodman

California Supreme Court Applies Rule of Reason Test for “Business Only” Restrictive Covenants

In Ixchel Pharma, LLC v. Biogen, Inc., 20 Cal. Daily Op. Serv. 7729, __ P.3d __(August 3, 2020), the California Supreme Court made it easier for businesses to enforce restrictive covenants against other businesses. This holding… more

Business & Professions Code, Business Disputes, CA Supreme Court, Corporate Counsel, Non-Compete Agreements

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Frances Green

AI Infrastructure, Ideology, and Exports: Inside the White House’s New AI Orders

On July 23, 2025, the president signed three AI-related Executive Orders (“E.O.s”) to accompany the recently released White House’s Artificial Intelligence (AI) Action Plan (“AI Action Plan”). These E.O.s seek to add clarity to,… more

Artificial Intelligence, Data Centers, Executive Orders, Exports, Government Agencies

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Ronald Green

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent company… more

Corporate Counsel, International Labor Laws, Japan, Parent Corporation, Subsidiaries

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Rachael Grey

A Regulatory Haze of Uncertainty Continues as the Clock Ticks Toward Phase One of FDA’s LDT Final Rule

Clinical laboratories still face uncertainty and the difficult decision of whether to start the work needed to comply with the with Phase 1 expectations under FDA’s Laboratory Developed Tests Final Rule (the “LDT Final Rule”),… more

Clinical Laboratories, Compliance, Department of Health and Human Services (HHS), Final Rules, Food and Drug Administration (FDA)

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Hemant Gupta

HealthBench: Exploring Its Implications and Future in Health Care

As we noted in our previous blog post, HealthBench, an open-source benchmark developed by OpenAI, measures model performance across realistic health care conversations, providing a comprehensive assessment of both capabilities… more

Algorithms, Artificial Intelligence, Digital Health, Healthcare, Machine Learning

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Philo Hall

CMS Rule for CY 2026 Highlights AI, Behavioral Health, Anti-Obesity Drug Coverage, and More

Closing out 2024, the Centers for Medicare & Medicaid Services (CMS) has issued a proposed rule entitled “Contract Year 2026 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit… more

Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Medicare, Medicare Part D

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Sarah Hall

The First National Health Care Fraud Takedown of the Second Trump Administration: What Stayed the Same and What is New?

On June 30, 2025, the U.S. Department of Justice (“DOJ”), together with the U.S. Department of Health and Human Services Office of Inspector General (“HHS OIG”) and other law enforcement partners, announced the results of the… more

Artificial Intelligence, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Insurance

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Elizabeth Harris

DOJ’s FY 2023 Statistics: Highest Number of Settlements, Judgments, and Civil Investigative Demands in History and a Continued Health Care Focus

On February 22, 2024, the U.S. Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics for fiscal year (FY) 2023, which ended on September 30, 2023. While the $2.68 billion in total… more

Civil Investigation Demand, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Katherine Heaney

Lone Star State: How Texas is Pioneering President Trump’s AI Agenda

On June 22, 2025, Texas Governor Greg Abbott signed into the law the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) or (the Act)… more

Artificial Intelligence, Consumer Privacy Rights, Disclosure Requirements, Government Agencies, Innovation

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Robert (Bob) Hearn

The LDT Final Rule Bites the Dust: Examining the Repercussions of the Federal Court’s Vacatur and What the Future May Hold

On March 31, 2025, Judge Sean D. Jordan of the U.S. District Court for the Eastern District of Texas ruled that the Food and Drug Administration (FDA) lacks the statutory authority to regulate laboratory developed tests (LDTs)… more

Administrative Procedure Act, Appeals, Chevron Deference, Food and Drug Administration (FDA), Judicial Authority

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Sierra Hennessy

Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast

Early decisions in high-stakes litigation can shape both the courtroom and public narratives, yet critical first-move strategies are underutilized. Why It Matters: • Setting the Tone Early: Find out how pre-litigation… more

Business Litigation, Commercial Litigation, Dispute Resolution, Employment Litigation, Litigation Strategies

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Chloe Hillard

Rare DOJ Criminal Indictment Related to Medicare Advantage Risk Adjustment

In an indictment announced on October 26, 2023 in Miami, the U.S. Department of Justice, Criminal Division’s Fraud Section, working with the FBI and HHS-OIG, brought what may be only the second federal criminal charges directly… more

Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, Fee-for-Service, Health Insurance

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Laura Holtan

Minimum Wage Increases Coming Soon Across the Nation – Especially in California

Employers in many states and localities will see an increase in minimum wages starting July 1, 2025. Many Changes Coming in California… more

California, Employer Responsibilities, Healthcare Workers, Hospitals, Labor Regulations

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Richard Hughes

As State Legislatures Debate Strengthening the Corporate Practice of Medicine Limitations, a Drug Manufacturer’s Lawsuits Shine a Light on the Relationship Between Telehealth Companies and Affiliated Medical Groups

Drug manufacturer Eli Lilly has filed suit against four companies involved in making, prescribing, and/or selling compounded versions of its weight loss and diabetes drugs ZEPBOUND® and MOUNJARO®… more

Business Litigation, California, Corporate Practice of Medicine, Enforcement Actions, Life Sciences

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Addison Hutcheson

CTA Interim Final Rule Eliminates Requirements for U.S. Companies and U.S. Individuals to File Beneficial Ownership Reports

On March 26, 2025, the Financial Crimes Enforcement Network (FinCEN), in an action that was promised earlier in March, issued an interim final rule (the “Interim Rule”) that removes all requirements for U.S. companies and U.S… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Requirements, Financial Crimes

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David Jacobs

#WorkforceWednesday: Navigating New Laws - California’s Upcoming Deadlines for Employers - Employment Law This Week®

This week, we’re focused on California’s array of new and amended laws, including non-competes, employee cannabis usage, minimum wage, and protected time off: New laws are changing the workplace in California, with looming… more

California, Employee Benefits, Employer Liability Issues, Employment Litigation, Employment Policies

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Melissa Jampol

Maryland Legislature Slashes Child Victims Act Damages Cap by More than 50%

In 2023, the Maryland General Assembly passed the Maryland Child Victims Act of 2023 (“CVA”) to expand claimants’ ability to file and seek damages for alleged child sexual abuse cases, following the trend initiated by other… more

Child Abuse, Damages, Maryland, New Legislation, Sexual Assault

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Thomas Jaworski

Complex Billing and Reasonable Interpretations: Jury Was Entitled to Find Fraud in Doctor’s Upcoding of Speedy COVID-19 Tests, Fourth Circuit Says

On July 17, 2025, the U.S. Court of Appeals for the Fourth Circuit held that a federal district court was “within bounds to order a do-over” in the case of Ron Elfenbein, a Maryland doctor who was found guilty of… more

Appeals, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Criminal Prosecution, Fraud

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David Johnston

The 340B Reimbursement Battle: What Hospitals and Insurers Need to Know

The U.S. Supreme Court’s ruling in American Hospital Association (“AHA”) v. Becerra (2022) sent shockwaves through the 340B drug pricing program when it held that CMS’ reduction of reimbursement for drugs purchased under the… more

Centers for Medicare & Medicaid Services (CMS), Hospitals, Medicare Advantage, Pharmaceutical Industry, Prescription Drugs

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Alkida Kacani

New Jersey Bill Would Introduce Sweeping Noncompete and No-Poach Restrictions: Strategic Implications for Employers

As anticipated, New Jersey has joined the growing list of state legislative efforts aimed at prohibiting or restricting the use of noncompetes and no-poach agreements… more

Contract Terms, Employee Definition, Employee Rights, Employer Responsibilities, New Jersey

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Stephanie Kanwit

FTC’s PBM Study Signals Broader Federal Scrutiny of the Prescription Drug Sector

On June 7, 2022, the Federal Trade Commission (FTC) unanimously voted to initiate a study into how business practices employed by some pharmacy benefit managers (PBMs) may impact prescription drug pricing and patient access to… more

Drug Pricing, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Pharmaceutical Industry, Pharmacies

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Elliot Katz

What the One Big Beautiful Bill Act Means for Employers - #WorkforceWednesday® - Employment Law This Week®

This week, we examine some of the key labor and employment implications of the recently signed One Big Beautiful Bill Act (OBBBA). What the OBBBA Means for Employers The OBBBA introduces major shifts for employers,… more

Compliance, Employee Benefits, Employer Responsibilities, Executive Compensation, Health Savings Accounts

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Kenneth Kelly

Trial by Tech: The Evolution of the Digital Courtroom – Speaking of Litigation Video Podcast

Ever wondered how courtroom battles have evolved with the rise of technology? Join us on this episode of Speaking of Litigation as Epstein Becker Green litigators Ken Kelly, Eric Moran, and Ed Yennock explore how technological… more

Case Management, e-Discovery Professionals, Information Technology, Law Firm Associates, Law Firm Partners

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Frances Kenajian

Electronically Stored Information – Pitfalls and Ways to Avoid Mistakes and Inadvertent Disclosure

Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where… more

Client Services, Commercial Litigation, Discovery, Discovery Disputes, Electronically Stored Information

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Edward Kennedy Jr.

Health Policy Update: Impact of the 2024 U.S. Elections – Diagnosing Health Care

The recent 2024 elections resulted in a new Trump administration and a Republican-controlled House and Senate. From policymakers to stakeholders across the industry, everyone is wondering what health policy will look like in… more

Election Results, Healthcare Reform, Lame Duck Session, Legislative Agendas, Presidential Elections

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Allen Killworth

HISAA: New Legislation Would Bring Cybersecurity Requirements for HIPAA Covered Entities and Business Associates

In response to several high-profile cybersecurity incidents affecting hospitals and other health care providers, including the Change Healthcare breach, new federal legislation was recently introduced by Senators Ron Wyden… more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Traycee Ellen Klein

Rare Hearing by the Supreme Court as to Stays in Vaccine Mandate Cases

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 administration… more

Coronavirus/COVID-19, Employer Mandates, Health and Safety, Infectious Diseases, SCOTUS

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Stephen Kleinman

The Trump Administration’s Immigration Enforcement Policy: What Hospitals and Health Care Providers Must Know for Their Patients, Staff, and Visitors

It is by now common knowledge that on Inauguration Day, January 20, 2025, President Trump signed numerous executive orders geared toward the implementation of his immigration policy objectives, setting the stage for what he has… more

Data Privacy, Data Protection, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Hospitals

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Adriana Kosovych

Time Is Money: A Quick Wage-Hour Tip on . . . Successful Summer Internship Programs

With Memorial Day in the rearview mirror and the month of June upon us, many companies and organizations throughout the country are preparing to kick off the summer by welcoming an incoming cohort of summer interns… more

Department of Labor (DOL), Employer Liability Issues, Employer Responsibilities, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Gregory (Greg) Krabacher

Copyright Infringement Liability for Generative AI Training Following the Copyright Office’s AI Report and Administrative Shakeup

When multiple forces act on an object, its direction of motion is determined by the net force, which is the vector sum of all individual forces. When this happens within our federal government, we call it “interesting times.”… more

Artificial Intelligence, Copyright Infringement, Copyright Litigation, Copyright Office, Fair Use

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Jeffrey Kramer

The New Tax Reform Law: Highlights of Provisions Affecting Health Care and Nonprofits

On December 22, 2017, President Trump signed into law tax reform legislation (the “Act”), which contains many substantial changes to the Internal Revenue Code (the “Code”). This Client Alert provides a brief description of… more

Carried Interest, Corporate Taxes, Family and Medical Leave Act (FMLA), Income Taxes, Internal Revenue Code (IRC)

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Ashley Krezmien

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in Misconduct

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised… more

Adverse Employment Action, Employee Misconduct, Employees, Employer Liability Issues, Employment Litigation

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Donald Krueger

Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing

The United Stated Department of Labor Office of Labor-Management Standards (“OLMS”) recently signaled an alarming willingness to use its broad subpoena powers under Section 601 of the Labor-Management Reporting and Disclosure… more

Disclosure Requirements, Employee Rights, Employer Liability Issues, Labor Reform, Labor Relations

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Cassandra Labbees

We’re Not in Kansas Anymore: ESG, Cryptocurrency, and Alternative Asset Investments in 401(k) Plans, Oh My!

What You Need to Know - The Trump Administration has shifted away from Biden-era rules related to certain investments, like alternative asset investments, ESG, and cryptocurrency in 401(k) plans… more

401k, Alternative Investment Funds, Cryptocurrency, Department of Labor (DOL), Employee Benefits

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Elizabeth Houghton LaGreca

EEOC Joins Forces with DOJ to Double Down on Opposition to DEI

Just days after the U.S. Court of Appeals for the Fourth Circuit stayed a preliminary injunction blocking executive orders that refer to the promotion of diversity, equity, and inclusion as “illegal DEI,” the U.S. Equal… more

Affirmative Action, Anti-Discrimination Policies, Civil Rights Act, Corporate Counsel, Department of Justice (DOJ)

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Julie Watson Lampley

Product Launching in the Era of COVID-19 - Diagnosing Health Care Podcast

This Diagnosing Health Care episode looks at the adjustments to business operations and compliance programs that pharmaceutical and medical device companies need to consider as they launch new products during the ongoing… more

Clinical Trials, Coronavirus/COVID-19, Health Care Providers, Life Sciences, Manufacturer Liability

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Jeffrey Landes

How Modern Workplaces Navigate Generational Shifts: One-on-One with Jeff Landes

Generational shifts in the workplace bring unique challenges and opportunities for employers striving to build productive and engaged teams. In this one-on-one conversation, Epstein Becker Green attorney Jeff Landes joins… more

Compensation & Benefits, Diversity and Inclusion Standards (D&I), Employee Engagement, Employee Rights, Employee Training

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Anna Larson

Breaking Down the Shifting Vaccine Policy Landscape – Diagnosing Health Care Video Podcast

Important changes are unfolding in the vaccine space. How have vaccine exemptions posed a significant risk to populations across the country? What are the long-lasting effects of the new administration's federal health agency… more

Biden Administration, Department of Health and Human Services (HHS), Federal Funding, Government Agencies, Healthcare

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Clay Lee

First Circuit Joins Sixth and Eighth Circuits in Adopting “But-For” Causation Standard Under the Federal Anti-Kickback Statute for False Claims Act Liability

In 2010, as part of the Affordable Care Act, Congress resolved a highly litigated issue about whether a violation of the Anti-Kickback Statute (AKS) can serve as a basis for liability under the federal False Claims Act (FCA)… more

Anti-Kickback Statute, Appellate Courts, Causation, Enforcement Actions, False Claims Act (FCA)

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Daniella Lee

First Circuit Joins Sixth and Eighth Circuits in Adopting “But-For” Causation Standard Under the Federal Anti-Kickback Statute for False Claims Act Liability

In 2010, as part of the Affordable Care Act, Congress resolved a highly litigated issue about whether a violation of the Anti-Kickback Statute (AKS) can serve as a basis for liability under the federal False Claims Act (FCA)… more

Anti-Kickback Statute, Appellate Courts, Causation, Enforcement Actions, False Claims Act (FCA)

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Amy Lerman

Shielding Reproductive Freedom: Uncovering New York’s Law Protecting Providers from Civil and Criminal Liability

In the wake of the Dobbs decision, which eliminated the constitutional right to abortion, individual states were left to regulate or ban the procedure… more

Abortion, Civil Liability, Criminal Liability, Enforcement Actions, New York

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Stephanie Lerman

At Long Last, DEA’s Remote Prescribing Rules 2.0 Are (Really) Here! (Pending Further Consideration by the Incoming Administration . . .)

Remote prescribing via telemedicine continues to be a huge area of interest among prescribers and other health care providers… more

Controlled Substances, DEA, Department of Health and Human Services (HHS), Final Rules, Health Care Providers

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Daniel Levy

Florida Passes Employer-Friendly Restrictive Covenant Legislation

In May of this year, we reported that Florida was on the cusp of enacting employer-friendly restrictive covenant legislation. Earlier this month, Florida passed that bill, enacting the “Florida Contracts Honoring… more

Breach of Contract, Employer Liability Issues, Employer Responsibilities, Employment Contract, Florida

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Robert Lewis

Workplace Mass Shootings Are A Reminder That Employers Need Legally Compliant Workplace Gun Policies

Some of the most notable recent mass shootings in the United States have been perpetrated by current or former employees in their workplaces. For example, on April 10, 2023, an employee of a bank in Louisville, Kentucky, who… more

Employer Liability Issues, Employment Policies, Firearms, Mass Shootings, Workplace Safety

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Andrew Lichtenstein

#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®

This week, we’re diving into arbitration agreements and learning some best practices for employers when crafting these agreements: Employers often include arbitration agreements in their onboarding and other employee materials… more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Employment Litigation

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Tryphena Liu

California 2025: The Next Wave of New Employer Compliance Obligations Is About to Hit

The California Legislature and Governor Gavin Newsom have again enacted a number of laws that will affect California employers. This Insight summarizes the significant changes to California employment laws taking effect in… more

Anti-Discrimination Policies, California, Corporate Counsel, Employee Benefits, Employer Liability Issues

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Mark Lutes

Post-AB 3129, California Sponsored MSOs Must Focus on Compliance, Strategic Growth, and Exit Planning

California’s legislature recently passed AB 3129, and it is awaiting Governor Gavin Newsom’s signature. While AB 3129 impacts several different provider types, this article focuses on its impact on Management Service… more

Change of Control, Corporate Sales Transactions, Health Care Providers, Healthcare, Healthcare Reform

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James Mackinson

SCOTUS Levels the Field for “Reverse” Discrimination: Potential Consequences

Writing for a unanimous Court, Justice Ketanji Brown Jackson states that Title VII does not require a plaintiff who is a member of a “majority” group to present “additional background circumstances” as the lower court had held… more

Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC)

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Ann Knuckles Mahoney

Employer Strategies for Navigating RIFs: One-on-One with Ann Knuckles Mahoney

A reduction in force (RIF) is a complex process that demands more than just operational adjustments. It requires meticulous planning to align business objectives with legal compliance, sound decision-making, and thorough risk… more

Employer Liability Issues, Hiring & Firing, Involuntary Reduction in Force, Risk Management, Voluntary Reduction in Force

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Raymond Mak

Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of… more

Americans with Disabilities Act (ADA), Best Management Practices, Compassionate Use Act, Corporate Counsel, Disability

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Kevin Malone

Federal Regulators Announce Non-Enforcement of the 2024 Rule for Mental Health Parity

On May 9, 2025, the Departments of Labor, Health and Human Services, and Treasury (collectively, “the Departments”) asked the D.C. federal court to suspend litigation while they consider whether to rescind or modify the 2024… more

Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Karen Mandelbaum

What Health Care Lawyers and Professionals Need to Know About Emerging Employee Benefit Issues

“ERISA, you’ll need a lawyer for that.” Our practice group’s tagline is meant to be a shorthand for the alphabet soup of laws that apply to employee benefits, including the Employee Retirement Income Security Act (ERISA)… more

Compliance, Cybersecurity, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Responsibilities

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Marc Mandelman

New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®

This week, we explore how key changes introduced by President Trump’s Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy” (“EO 14281”), raise important questions for employers navigating compliance with… more

Artificial Intelligence, Disparate Impact, Employer Liability Issues, Employment Discrimination, Employment Policies

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Brooke Mangiarelli

Massachusetts Governor Maura Healey Signs into Law a Sweeping Health Care Market Oversight Bill

On January 8, 2025, Massachusetts Governor Maura Healey signed into law House Bill No. 5159, “An Act enhancing the health care market review process” (“H. 5159”), which was passed by the Massachusetts legislature in the last few… more

Health Care Providers, Healthcare, Healthcare Facilities, New Legislation, Pharmaceutical Industry

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Wendy Marcari

Health Care Providers with Claims Arising Out of New York’s Failed Health Republic Insurance Co. to Be Paid in Full

In December 2015, we wrote about the many failed health insurance co-ops created under the Affordable Care Act (“ACA”), and the impact of those failures on providers and other creditors, consumers, and taxpayers. At that time,… more

Affordable Care Act, Co-Op, Health Care Providers, Health Insurance

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Teresa Mason

CMS’s Rescission of 2022 EMTALA Guidance Presents New Considerations for Hospitals, Post-Dobbs

The Centers for Medicare & Medicaid Services (CMS) recently rescinded its July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (“2022 Guidance”)… more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, EMTALA

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David Matyas

What Does the Phrase “Resulting From” Mean? Circuit Courts Split on Standard for Determining When an AKS Violation Is a False Claim

Dating back to the 19th century, the U.S. Supreme Court has held that when construing a statute, the courts are to “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction which… more

Anti-Kickback Statute, Causation, Department of Health and Human Services (HHS), Department of Justice (DOJ), False Claims Act (FCA)

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Alicia Maziarz

Massachusetts High Court Rules That Franchisees Are Independent Contractors

In a win for businesses, the Massachusetts Supreme Judicial Court (“SJC”) has ruled that individuals in true franchisor-franchisee relationships are independent contractors… more

Compliance, Employee Definition, Franchisee, Franchises, Franchisors

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Colin McCulloch

PRF Update: HRSA Sends Out “Audit Reporting Requirement Attestation” Notice Mandating Quick Action

HRSA’s “Audit Reporting Requirement Attestations” arrived in inboxes on Friday, March 22, 2024, and require a response by Friday, April 5, 2024. The government is under pressure to show that the money distributed under the… more

American Rescue Plan Act of 2021, Audits, CARES Act, Coronavirus/COVID-19, Health Insurance

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Elizabeth McEvoy

DOJ’s Final Rule on Bulk Data Transfers: A Road Map

To help prevent countries of concern or “covered persons” from accessing U.S. government-related data and Americans’ bulk sensitive personal data, the National Security Division (NSD) of the U.S. Department of Justice (DOJ)… more

Data Privacy, Data Security, Department of Justice (DOJ), Enforcement Actions, Executive Orders

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Courtney McFate

Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®

This week, we examine a recent pivotal ruling by the U.S. Court of Appeals that could significantly influence how employers handle Fair Labor Standards Act (FLSA) collective actions. Nationwide FLSA Lawsuits Just Got… more

Appeals, Arbitration Agreements, Collective Actions, Employer Liability Issues, Employment Litigation

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Michael McGahan

President’s Termination of NLRB General Counsel and Member - What Does This Mean?

As expected, the Trump administration has shifted the National Labor Relations Board (“NLRB”) into a new era marked by notable changes that will reshape the Board… more

Corporate Counsel, Department of Labor (DOL), Labor Reform, Labor Relations, NLRA

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Chris McGinnis

Ohio Leads the Way Allowing Employers to Post Digital Labor and Employment Notices

On July 20, 2025, Ohio will officially become one of the first states to allow employers to provide digital—rather than physical—copies of certain labor law notices required under Ohio law… more

Digital Communications, Employee Rights, Employer Responsibilities, Employment Policies, Minimum Wage

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Marguerite (Maggie) McGowan Stringer

Even Privilege Logs Can Be Privileged Under the Fifth Amendment

On January 28, 2025, the U.S. Court of Appeals for the Ninth Circuit issued a significant ruling reinforcing the Fifth Amendment’s protection against self-incrimination and clarifying the attorney-client privilege in the context… more

Attorney-Client Privilege, Criminal Investigations, Criminal Prosecution, Discovery, Evidence

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Briar McNutt

#WorkforceWednesday®: Should Employers Shift Workforce Data Collection Under President Trump? - Employment Law This Week®

This week, we examine the risks tied to diversity, equity, and inclusion (DEI) initiatives that employers face due to the Trump administration’s executive orders and the ensuing scrutiny from federal agencies, including the… more

Diversity, Diversity and Inclusion Standards (D&I), EEO-1, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Lori Medley

Lamborghini Accused of Driving Away With Former Partner’s Trade Secrets

Prema Engineering S.r.l. (“Prema Engineering”) has accused automaker Automobili Lamborghini S.p.A. and Automobili Lamborghini America, LLC (collectively, “Lamborghini”) of stealing Prema Engineering’s intellectual property and… more

Automotive Industry, Competition, Computer Fraud and Abuse Act (CFAA), Copyright Infringement, Defend Trade Secrets Act (DTSA)

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Lorrin Melanson

Proposed HIPAA Security Rule Updates May Significantly Impact Covered Entities and Business Associates

As we noted in our previous blog here, on January 6, 2025, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) published a Notice of Proposed Rulemaking (NPRM) proposing substantial revisions to… more

Business Associates, Cybersecurity, Data Privacy, Data Security, HIPAA Security Rule

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William Milani

Responding to the Coronavirus (2019-nCoV) Outbreak: Best Practices for Employers

The 2019 Novel Coronavirus (“2019-nCoV” or “Coronavirus”) is a rapidly spreading respiratory illness that is raising important issues for employers… more

Americans with Disabilities Act (ADA), Business Travel, Centers for Disease Control and Prevention (CDC), Family and Medical Leave Act (FMLA), Health Insurance Portability and Accountability Act (HIPAA)

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Devon Minnick

CMS Proposes Mandatory Ambulatory Specialty Model to Advance Value-Based Care for Chronic Conditions

On July 10, 2025, the Centers for Medicare & Medicaid Services (CMS) announced a proposed rule to establish the Ambulatory Specialty Model (ASM)—a mandatory value-based payment model for specialists who treat patients with heart… more

Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), CMMI, Medicare, Medicare Part B

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Enrique Miranda

New Proposed Federal Legislation Takes Aim at Concerns Regarding Perceived “Looting” of Health Care Systems by Private Equity Investors

On June 11, 2024, U.S. Senators Ed Markey and Elizabeth Warren from Massachusetts, introduced proposed legislation titled The Corporate Crimes Against Health Care Act (“CCAHCA”), aimed at addressing a perceived “looting” of… more

Health Care Providers, Healthcare Facilities, Investors, Private Equity, Private Equity Firms

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David Mordkoff

The Third Circuit Orders Another Review in Cornelius v. CVS Pharmacy, Inc.—Resolution Will Wait for Another Day in New Jersey Federal Court, but Not Because of the EFAA

Case law related to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) continues to develop. In late 2024, the Third Circuit seemed poised to bring further clarity as to which claims… more

Arbitration, Arbitration Agreements, Discovery, Employment Discrimination, Employment Litigation

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Jeremy Morris

DOJ Antitrust Division Establishes Whistleblower Rewards Program

The Antitrust Division of the U.S. Department of Justice (DOJ) has announced that, for the first time, it will offer rewards to individuals who report antitrust crimes and related anticompetitive offenses… more

Antitrust Division, Antitrust Investigations, Antitrust Violations, Bid Rigging, Cartels

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Frank Morris Jr.

“Illegal DEI”: New DOJ Guidance and Its Implications for All Employers

What constitutes “illegal DEI” under the Trump administration? Many employers have been wrestling with this question since the President took office and immediately issued several executive orders (EOs) criticizing diversity,… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Federal Funding, Reverse Discrimination

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Chris Morrison

Florida Legislature Provides COVID-19 Liability Protection for Health Care Providers

At the end of March, Florida joined the roster of states that have erected legal shields for health care providers against COVID-19-oriented liability claims. Concerned about uncertainty surrounding the emergency measures taken… more

Coronavirus/COVID-19, Governor DeSantis, Health Care Providers, Liability, State and Local Government

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Haley Morrison

A Counterintuitive Approach to Winning Without Litigation: One-on-One with Haley Morrison

Meet Haley Morrison, a Portland-based litigator at Epstein Becker Green with a thriving California practice. In this one-on-one interview, Haley sits down with fellow Epstein Becker Green attorney George Whipple and shares how… more

Business Litigation, California, Corporate Counsel, Dispute Resolution, Intellectual Property Protection

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Timothy Murphy

Oregon SB 951, Regulating the Corporate Practice of Medicine, Awaits Governor’s Signature

SB 951, which bolsters existing Oregon law prohibiting the corporate practice of medicine (CPOM), passed the state House of Representatives on May 28 and now awaits the signature of Governor Tina Kotek… more

Corporate Practice of Medicine, Healthcare, Healthcare Facilities, New Legislation, Oregon

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Genevieve Murphy-Bradacs

New York Paid Family Leave Benefits and Employee Contribution Rates and Caps Set to Increase in 2025

With 2024 winding down, New York employers should be aware of the updates to the New York State Paid Family Leave (PFL) program that take effect in 2025… more

Employee Benefits, Employee Contributions, Employer Responsibilities, Paid Family Leave Law, Paid Leave

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Eric Neiman

The Civil Commitment Executive Order: Mixed Messages for Behavioral Health Stakeholders, State and Local Governments

On July 24, 2025, President Donald Trump issued Executive Order 14321, titled “Ending Crime and Disorder on America’s Streets” (“the E.O.”). Although the E.O. has a number of elements, the one most notable for behavioral… more

Data Collection, Executive Orders, Federal Funding, Homeless Issues, Mental Health

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Jennifer Nelson Carney

Latest Moves by Federal Agencies Regarding Gender-Affirming Care: Risks Mount for Providers

Since day one, a policy priority of the Administration has been to discourage and prevent gender-affirming care for children and adolescents that involves surgery or medication… more

Administrative Agencies, Department of Health and Human Services (HHS), Enforcement Actions, Federal Funding, Gender Identity

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Allison Ness

New Seventh Circuit Decision Signals Greater Flexibility for Healthcare Marketing Services

On April 14, 2025, the United States Court of Appeals for the Seventh Circuit issued a decision in a case involving the federal Anti-Kickback Statute (“AKS”) and marketing services that the court framed as an appeal “test[ing]… more

Advertising, Anti-Kickback Statute, Enforcement Actions, Health Care Providers, Healthcare Fraud

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Samuel Nolan

What Health Care Lawyers and Professionals Need to Know About Emerging Employee Benefit Issues

“ERISA, you’ll need a lawyer for that.” Our practice group’s tagline is meant to be a shorthand for the alphabet soup of laws that apply to employee benefits, including the Employee Retirement Income Security Act (ERISA)… more

Compliance, Cybersecurity, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Responsibilities

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Leslie Norwalk

Health Policy Update: Impact of the 2024 U.S. Elections – Diagnosing Health Care

The recent 2024 elections resulted in a new Trump administration and a Republican-controlled House and Senate. From policymakers to stakeholders across the industry, everyone is wondering what health policy will look like in… more

Election Results, Healthcare Reform, Lame Duck Session, Legislative Agendas, Presidential Elections

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Jennifer Nutter

2025 California Wildfires: Understanding Employers’ Obligations

As the Southern California wildfires rage on with devastating consequences, employers may be grappling to formulate an appropriate response… more

California, Employee Benefits, Employee Rights, Employer Liability Issues, Exempt-Employees

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Jennifer O'Connor

Massachusetts High Court To Weigh In on Forfeiture-for-Solicitation Provisions in Era of Massachusetts Noncompetition Agreement Act

On Monday, March 3, 2025, the Massachusetts Supreme Judicial Court (“SJC”) heard argument in Miele v. Foundation Medicine, Inc., regarding whether the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the “MNAA”),… more

Appeals, Breach of Contract, Contract Terms, Employment Contract, Employment Litigation

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John O'Connor

New Jersey Extends Benefits and Protections to Workers Impacted by COVID-19

On March 25, 2020, by signing legislative bill S2304 into law, Governor Philip Murphy expanded the availability of benefits under the state’s Temporary Disability Insurance (“TDI”) and Family Leave Insurance (“FLI”) programs to… more

Coronavirus/COVID-19, Disability Benefits, New Legislation, Sick Leave, Sick Pay

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Bonnie Odom

Sharing Scientific Information with HCPs on Unapproved Uses of Medical Products: Dos and Don’ts Under FDA’s New Draft Guidance

In October 2023, the FDA released draft guidance entitled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical Products: Questions and Answers… more

Food and Drug Administration (FDA), Health Care Providers, Healthcare, Information Sharing, Life Sciences

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James Oh

Disparate Impact Liability Under Fire

On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in all… more

Civil Rights Act, Constitutional Challenges, Disparate Impact, Employment Discrimination, Employment Litigation

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Adam Paine

Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast

This week, on our Spilling Secrets podcast series, our panelists discuss the ins and outs of trying trade secret cases in a courtroom: What’s the secret to winning a trade secret trial? Find out in this compelling episode of… more

Employment Litigation, Intellectual Property Litigation, Non-Compete Agreements, Restrictive Covenants, Trade Secrets

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Shruti Panchavati

An Oft-Overlooked Requirement in the N.Y. Commercial Division Rules: The Rule 11-e(d) Statement of Completion

Effective April 1, 2015, the Commercial Division of the New York State Supreme Court promulgated a series of reforms to the Rules of Practice for the Commercial Division, including the addition of new Rule 11-e, which provides… more

Commercial Court, Commercial Litigation, Disclosure Requirements, Discovery Disputes, Document Productions

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Emma Pelkey

The Civil Commitment Executive Order: Mixed Messages for Behavioral Health Stakeholders, State and Local Governments

On July 24, 2025, President Donald Trump issued Executive Order 14321, titled “Ending Crime and Disorder on America’s Streets” (“the E.O.”). Although the E.O. has a number of elements, the one most notable for behavioral… more

Data Collection, Executive Orders, Federal Funding, Homeless Issues, Mental Health

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Lucas Peterhans

What the One Big Beautiful Bill Act Means for Employers - #WorkforceWednesday® - Employment Law This Week®

This week, we examine some of the key labor and employment implications of the recently signed One Big Beautiful Bill Act (OBBBA). What the OBBBA Means for Employers The OBBBA introduces major shifts for employers,… more

Compliance, Employee Benefits, Employer Responsibilities, Executive Compensation, Health Savings Accounts

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Ada Peters

Can Food Really Be Medicine? Transforming Health Care One Bite at a Time – Diagnosing Health Care Video Podcast

Can food really be the prescription for better health? Discover how the “Food as Medicine” movement is reshaping health care and what it means for patients, providers, and the future of wellness. On this episode, special… more

Alternative Medicine, Department of Health and Human Services (HHS), Food & Drug Regulations, Food and Drug Administration (FDA), Food Manufacturers

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Sharon Peters

Oregon SB 951, Regulating the Corporate Practice of Medicine, Awaits Governor’s Signature

SB 951, which bolsters existing Oregon law prohibiting the corporate practice of medicine (CPOM), passed the state House of Representatives on May 28 and now awaits the signature of Governor Tina Kotek… more

Corporate Practice of Medicine, Healthcare, Healthcare Facilities, New Legislation, Oregon

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James Petrie

Ohio Leads the Way Allowing Employers to Post Digital Labor and Employment Notices

On July 20, 2025, Ohio will officially become one of the first states to allow employers to provide digital—rather than physical—copies of certain labor law notices required under Ohio law… more

Digital Communications, Employee Rights, Employer Responsibilities, Employment Policies, Minimum Wage

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Lydia Pincsak

Post-Chevron, Agency Challenges Aren’t Always a Slam Dunk

In its first merits decision this term, the Supreme Court provided a straightforward application of textualism to demonstrate that in cases challenging administrative action under the Administrative Procedure Act (APA),… more

Administrative Procedure Act, Bouarfa v Mayorkas, Chevron Deference, Chevron v NRDC, Department of Homeland Security (DHS)

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John Houston Pope

Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine… more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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Nancy Gunzenhauser Popper

Illinois Leads the Charge in Military Leave by Adopting Paid Funeral Honors Detail Leave

Eligible Illinois employees are now entitled to up to 40 hours of paid leave annually to serve on military funeral honors detail thanks to an amendment (the “Amendment”) to Illinois’s Military Leave Act that Governor Pritzker… more

Employer Responsibilities, Illinois, Military Leave, Military Service Members, New Legislation

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David Poppick

New London Connecticut Superior Court Jury Awards $839,423 Verdict for Theft of U.S. Navy Underwater Drone Project Trade Secrets

A New London Connecticut Superior Court jury awarded an $839,423 verdict in November 2019, involving theft of trade secrets for a $70 million U.S. Navy underwater drone project. This case, LBI, Inc. v. Sparks, et al.,… more

Cloud Storage, Confidential Information, Contract Terms, Drones, Electronically Stored Information

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Kyla Portnoy

Breaking Down the Legal Challenges Surrounding State Licensure Restrictions for Telehealth Providers

Late last year, the case Shannon MacDonald, MD, et al v. Otto Sabando was filed in the U.S. District Court for the District of New Jersey. The plaintiffs claimed that New Jersey’s licensure restrictions on the use of telehealth… more

Commerce Clause, Fourteenth Amendment, Health Care Providers, Licenses, New Jersey

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Kathleen Premo

New State Legislation Increases Oversight of Health Care Transactions - Thought Leaders in Health Law®

In today's complex and rapidly evolving health care landscape, navigating the path of expanding or selling a business requires a nuanced understanding of the intricate state and federal regulatory frameworks. With states… more

Health Care Providers, Healthcare Facilities, Investors, Physicians, Private Equity

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John Puente

Thoughts: AB 3129 Expands Its Reach

Recently, the California Legislature made a series of major revisions to Assembly Bill 3129 (“AB 3129” or “the Bill”), a highly anticipated piece of legislation expected to have a substantial impact on transactions in… more

Acquisition Agreements, Corporate Sales Transactions, Healthcare, Hedge Funds, Investment

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Rishi Puri

Washington Overhauls Employment Laws on Reductions in Force and Background Checks

The Washington State Legislature has been busy as usual this session. Two bills with significant implications for employers operating in Washington have recently been signed into law by Governor Bob Ferguson: a state… more

Adverse Employment Action, Background Checks, Criminal Background Checks, Employee Rights, Employer Responsibilities

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Elena Quattrone

Navigating Regulatory Challenges in the Dietary Supplement Industry: Insights on NJ Assembly Bill No. 1848

As the dietary supplement industry continues to draw attention from Congress, state attorneys general, and class action lawyers, now comes another state law trying to prohibit the sale of over-the-counter (“OTC”) dietary… more

Consumer Product Companies, Dietary Supplements, Minors, New Jersey, Regulatory Oversight

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Eduardo Quiroga

New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers

On May 9, 2025, Governor Hochul signed a budget bill into law that includes an amendment (“the Amendment”) to the New York Labor Law (NYLL)… more

Appeals, Damages, Department of Labor (DOL), Employee Rights, Employment Litigation

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Lauri Rasnick

New DOJ Memo Warns Employers: Rethink DEI Programs Now - #WorkforceWednesday® - Employment Law This Week®

This week, we’re focusing on the employer implications of new guidance from U.S. Attorney General Pam Bondi and the U.S. Department of Justice (DOJ) on unlawful diversity, equity, and inclusion (DEI) practices. The new guidance… more

Affirmative Action, Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Responsibilities

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Greta Ravitsky

Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine… more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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James Reilly

Thoughts: AB 3129 Expands Its Reach

Recently, the California Legislature made a series of major revisions to Assembly Bill 3129 (“AB 3129” or “the Bill”), a highly anticipated piece of legislation expected to have a substantial impact on transactions in… more

Acquisition Agreements, Corporate Sales Transactions, Healthcare, Hedge Funds, Investment

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Lisa Pierce Reisz

Texas Judge Strikes Down HIPAA’s Reproductive Health Amendment

Last month, Judge Matthew Kaszmaryk of the U.S. District Court, Northern District of Texas, in Purl v. United Stated Department of Health and Human Services, No. 2:24-cv-00228-Z (N.D. Tex Jun. 18, 2025) struck down nearly all of… more

Data Privacy, Department of Health and Human Services (HHS), Enforcement, Federal Court Litigation, Health Insurance Portability and Accountability Act (HIPAA)

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Katherine Rigby

Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast

This week, on our Spilling Secrets podcast series, our panelists discuss the ins and outs of trying trade secret cases in a courtroom: What’s the secret to winning a trade secret trial? Find out in this compelling episode of… more

Employment Litigation, Intellectual Property Litigation, Non-Compete Agreements, Restrictive Covenants, Trade Secrets

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Allen Roberts

Union Organizing at Retail and Food Service Businesses Gets Boost from New York City “Labor Peace” Executive Order

Summary of the Executive Order - New York City retail and food service unions got a boost recently when Mayor Bill de Blasio signed an Executive Order titled “Labor Peace for Retail Establishments at City Development… more

Covered Employer, Employer Mandates, Executive Orders, Federal Contractors, Restaurant Industry

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Megan Robertson

Ninth Circuit Applies EKRA to Marketing Intermediaries in Lab Operator’s Allergy Testing Scheme

The U.S. Court of Appeals for the Ninth Circuit has held that a laboratory owner’s payments to marketing intermediaries violated the Eliminating Kickbacks in Recovery Act (EKRA)—in its first interpretation of the statute since… more

Criminal Prosecution, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions, Fraud, Healthcare Fraud

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Andrew Rusczek

Massachusetts Governor Maura Healey Signs into Law a Sweeping Health Care Market Oversight Bill

On January 8, 2025, Massachusetts Governor Maura Healey signed into law House Bill No. 5159, “An Act enhancing the health care market review process” (“H. 5159”), which was passed by the Massachusetts legislature in the last few… more

Health Care Providers, Healthcare, Healthcare Facilities, New Legislation, Pharmaceutical Industry

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Jeffrey Ruzal

New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers

On May 9, 2025, Governor Hochul signed a budget bill into law that includes an amendment (“the Amendment”) to the New York Labor Law (NYLL)… more

Appeals, Damages, Department of Labor (DOL), Employee Rights, Employment Litigation

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Marylana Saadeh Helou

The Final Rule on Research Misconduct Regulations: What Institutions Need to Know as Implementation Looms

When the current federal administration took office, it issued a memorandum requiring, among other things, that federal agencies delay the issuance of new or proposed rules to the Office of the Federal Register until further… more

Department of Health and Human Services (HHS), Final Rules, Government Agencies, New Regulations, Policies and Procedures

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James Sawczyn

The Ground Continues to Shift in Wage and Hour Law

A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would soon… more

Arbitration, Barack Obama, Class Action Arbitration Waivers, Department of Labor (DOL), Employee Definition

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Elizabeth Scarola

HHS Publishes Proposed “Disincentives Rule” to Prevent Information Blocking by Health Care Providers

The U.S. Department of Health and Human Services (HHS)—through the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC)—recently published a proposed… more

21st Century Cures Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Health Information Technologies

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Erin Schaefer

President Trump Announces Nominees for Two Vacant Seats on the National Labor Relations Board

On July 17, 2025, President Trump announced that he was nominating Scott Mayer and James R. Murphy, both Republicans, to serve as Members of the National Labor Relations Board… more

Collective Bargaining, Government Agencies, Labor Reform, Labor Regulations, Labor Relations

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Marjorie Scher

Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care

On June 18, 2025, in the case of United States v. Skrmetti, the U.S. Supreme Court upheld Tennessee’s ban on gender-affirming care—concluding that the law does not violate the Equal Protection Clause of the Fourteenth Amendment… more

Appeals, Biden Administration, Equal Protection, Fourteenth Amendment, Gender Identity

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Julie Saker Schlegel

Act Now Advisory: Amendment to New Jersey Law Against Discrimination Provides Protection for Employees Investigating Pay Inequity

A recent amendment to the New Jersey Law Against Discrimination ("NJLAD") prohibits employers from retaliating against employees who request certain information from co-workers regarding their salary, benefits, or other job… more

Anti-Discrimination Policies, Discrimination, Employee Benefits, NLRA, Request For Information

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Avery Schumacher

DEA Telemedicine Rules Further Delayed Until (Nearly) 2026

Those waiting anxiously for the rules expanding the prescribing of buprenorphine via telemedicine and the controlled substance prescribing for patients at the Department of Veterans Affairs to officially go into effect will now… more

Controlled Substances Act, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ), Department of Veterans Affairs

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Laura Schuman

Major Changes at the NLRB: A New Acting General Counsel, the Rescission of Biden-Era General Counsel Memoranda, and the Disappearing-Reappearing Quorum

To say that the past fifty days have been a period of significant changes at the National Labor Relations Board (“NLRB” or “Board”) is surely an understatement… more

Administrative Law Judge (ALJ), Appeals, Collective Bargaining, Compliance, Employment Litigation

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Bonnie Scott

Forecast for Telehealth Fraud and Abuse Risk in 2021 - Diagnosing Health Care Podcast

This Diagnosing Health Care episode examines the fraud and abuse enforcement landscape in the telehealth space and considers ways telehealth providers can mitigate their enforcement risks as they move into the new year. Hear how… more

Enforcement Actions, Fraud and Abuse, Health Care Providers, Healthcare Fraud, Risk Mitigation

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Raja Sékaran

Ninth Circuit Applies EKRA to Marketing Intermediaries in Lab Operator’s Allergy Testing Scheme

The U.S. Court of Appeals for the Ninth Circuit has held that a laboratory owner’s payments to marketing intermediaries violated the Eliminating Kickbacks in Recovery Act (EKRA)—in its first interpretation of the statute since… more

Criminal Prosecution, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions, Fraud, Healthcare Fraud

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Jackie Selby

CMS Tells States “No More” Medicaid Section 1115 Matching Funds for Designated State Health Programs (DSHP) and Designated State Investment Programs (DSIP)

In recent years, the Centers for Medicare & Medicaid Services (CMS) has approved demonstrations under Section 1115 of the Social Security Act, providing federal matching funds for state expenditures for Designated State Health… more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Federal Funding, Healthcare, Healthcare Reform

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Alaap Shah

The AI Doctor Is Out? How California’s Ab 489 Could Limit AI Development in Healthcare

California’s Assembly Bill 489 (“AB 489”) signals more than just a tweak to existing healthcare law—it’s a glimpse into how the next generation of regulation may shape the future of AI development and deployment in healthcare… more

Artificial Intelligence, California, Digital Health, Healthcare, Licensing Rules

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Amish Shah

Time Is Money: A Quick Wage-Hour Tip on … California Workplace Poster Requirements and Their Application to Remote Employees

Handbooks are developed to outline policies and procedures employees must abide by in the workplace. But a handbook serves a dual, equally important purpose: to act as an operable defense against workplace claims brought by… more

California, Employee Handbooks, Employees, Employer Liability Issues, Employment Policies

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Torin Shanahan

Even Privilege Logs Can Be Privileged Under the Fifth Amendment

On January 28, 2025, the U.S. Court of Appeals for the Ninth Circuit issued a significant ruling reinforcing the Fifth Amendment’s protection against self-incrimination and clarifying the attorney-client privilege in the context… more

Attorney-Client Privilege, Criminal Investigations, Criminal Prosecution, Discovery, Evidence

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Machelle Dunavant Shields

Product Launching in the Era of COVID-19 - Diagnosing Health Care Podcast

This Diagnosing Health Care episode looks at the adjustments to business operations and compliance programs that pharmaceutical and medical device companies need to consider as they launch new products during the ongoing… more

Clinical Trials, Coronavirus/COVID-19, Health Care Providers, Life Sciences, Manufacturer Liability

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David Shillcutt

Ninth Circuit Applies EKRA to Marketing Intermediaries in Lab Operator’s Allergy Testing Scheme

The U.S. Court of Appeals for the Ninth Circuit has held that a laboratory owner’s payments to marketing intermediaries violated the Eliminating Kickbacks in Recovery Act (EKRA)—in its first interpretation of the statute since… more

Criminal Prosecution, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions, Fraud, Healthcare Fraud

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Susan Gross Sholinsky

“Illegal DEI”: New DOJ Guidance and Its Implications for All Employers

What constitutes “illegal DEI” under the Trump administration? Many employers have been wrestling with this question since the President took office and immediately issued several executive orders (EOs) criticizing diversity,… more

Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Federal Funding, Reverse Discrimination

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Erica Sibley Bahnsen

In Confirmation Hearings, AG Nominee Pledges to Defend the Constitutionality of the False Claims Act

What may have seemed like an out-of-the-blue question to the casual observer was no surprise to those who represent individuals and entities in the health care and life sciences industries: U.S. Attorney General (AG) nominee Pam… more

Confirmation Proceedings, Constitutional Challenges, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Dean Silverberg

Seventh Circuit Holds That USERRA May Require Paid Leave During Short-Term Military Leave

Among other provisions, the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) mandates that covered employers generally must provide employees on USERRA leave with the same “rights and benefits”… more

Employer Liability Issues, Employment Discrimination, Employment Policies, Hiring & Firing, Military Leave

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Victoria Sloan Lin

The Third Circuit Orders Another Review in Cornelius v. CVS Pharmacy, Inc.—Resolution Will Wait for Another Day in New Jersey Federal Court, but Not Because of the EFAA

Case law related to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) continues to develop. In late 2024, the Third Circuit seemed poised to bring further clarity as to which claims… more

Arbitration, Arbitration Agreements, Discovery, Employment Discrimination, Employment Litigation

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Christopher Smith

HRSA Seeks Applicants to Test 340B Rebate Model Pilot Program

On August 1, 2025, the U.S. Department of Health and Human Services (“HHS”) Health Resources and Services Administration (“HRSA”) issued a call for applications for a 340B Rebate Model Pilot Program (the “Pilot Program”)… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, HRSA

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Ethan Smith

Fifth Circuit Narrows Application of the Crime-Fraud Exception to the Attorney-Client Privilege in Investigations

Recently, in Lewis v. Crochet et al., the United States Court of Appeals for the Fifth Circuit rejected an attempt by a plaintiff to use the crime-fraud exception to the attorney-client privilege to compel two lawyers’… more

Attorney-Client Privilege, Crime-Fraud Exception, Employment Litigation, Labor Law Violations, Work-Product Doctrine

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Lynn Shapiro Snyder

Advancements of Artificial Intelligence in Health Care – One Year After White House Executive Order – Diagnosing Health Care

One year ago, on October 30, 2023, President Joe Biden signed an executive order laying the groundwork both for how federal agencies should responsibly incorporate artificial intelligence (AI) within their workflows and how each… more

Artificial Intelligence, Digital Health, Health Care Providers, Health Information Technologies, Life Sciences

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Yael Spiewak

New Jersey’s “Road Back”: Rules of the Road, Exits Reached, and the Way Ahead

In March 2020, New Jersey Governor Phil Murphy issued Executive Orders 104 and 107, closing or restricting all but certain designated “essential” businesses, and generally requiring residents to stay at home (unless engaging in… more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders, Governor Murphy, Infectious Diseases

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Matthew Sprankle

A Closer Look at Proposed Changes to Medicare Advantage in the “No UPCODE Act”

On March 25, 2025, U.S. Senators Bill Cassidy, M.S. (R-LA) and Jeff Merkley (D-OR) introduced the No Unreasonable Payments, Coding, or Diagnoses for the Elderly (No UPCODE) Act (the “Bill”)… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Government Agencies, Healthcare, Healthcare Reform

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D. Martin Stanberry

NLRB Adopts Expedited Election Rules, Effective April 15, 2015

After a series of false starts, on December 12, 2014, the National Labor Relations Board (“NLRB” or “Board”) adopted a 733-page final rule (“Final Rule”) that will significantly change the Board’s longstanding union election… more

Final Rules, NLRB, Quickie Election Rules, Union Elections, Unions

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Joshua Stein

Medical Diagnostic Equipment Accessibility Regulations Announced by DOJ Under Title II of ADA

To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for… more

Accessibility Rules, Americans with Disabilities Act (ADA), Department of Justice (DOJ), Final Rules, Healthcare

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Peter Stein

DEI and Affirmative Action Programs Blitzed, While Executive Order 11246 Is Revoked

In one of his first acts as President in his second term in office, Donald Trump signed an executive order on January 21, 2025, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“Order”)… more

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

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Peter Steinmeyer

Legal Shifts in 2025 Put Employer Non-Compete Strategies at Risk - Employment Law This Week® - Spilling Secrets Podcast

This week, on our Spilling Secrets podcast series, our panelists discuss the current status of non-compete agreements across the nation: Non-compete legislation is evolving rapidly at the state level, with new laws taking… more

Employees, Employer Liability Issues, Employment Contract, Legal Technology, New Legislation

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E. John Steren

DOJ Antitrust Division Establishes Whistleblower Rewards Program

The Antitrust Division of the U.S. Department of Justice (DOJ) has announced that, for the first time, it will offer rewards to individuals who report antitrust crimes and related anticompetitive offenses… more

Antitrust Division, Antitrust Investigations, Antitrust Violations, Bid Rigging, Cartels

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William Stinman

OSHA’s New Walkaround Rule Potentially Grants Union Representatives Access to Safety Investigations

On Friday, March 29, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule, effective May 31, that permits non-employees to accompany and advise OSHA officials during workplace safety and health… more

Employer Liability Issues, New Rules, OSHA, Safety Inspections, Union Representatives

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Erin Sutton

As State Legislatures Debate Strengthening the Corporate Practice of Medicine Limitations, a Drug Manufacturer’s Lawsuits Shine a Light on the Relationship Between Telehealth Companies and Affiliated Medical Groups

Drug manufacturer Eli Lilly has filed suit against four companies involved in making, prescribing, and/or selling compounded versions of its weight loss and diabetes drugs ZEPBOUND® and MOUNJARO®… more

Business Litigation, California, Corporate Practice of Medicine, Enforcement Actions, Life Sciences

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Steven Swirsky

President Trump Announces Nominees for Two Vacant Seats on the National Labor Relations Board

On July 17, 2025, President Trump announced that he was nominating Scott Mayer and James R. Murphy, both Republicans, to serve as Members of the National Labor Relations Board… more

Collective Bargaining, Government Agencies, Labor Reform, Labor Regulations, Labor Relations

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James Tam

HRSA Seeks Applicants to Test 340B Rebate Model Pilot Program

On August 1, 2025, the U.S. Department of Health and Human Services (“HHS”) Health Resources and Services Administration (“HRSA”) issued a call for applications for a 340B Rebate Model Pilot Program (the “Pilot Program”)… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, HRSA

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Zachary Taylor

The First National Health Care Fraud Takedown of the Second Trump Administration: What Stayed the Same and What is New?

On June 30, 2025, the U.S. Department of Justice (“DOJ”), together with the U.S. Department of Health and Human Services Office of Inspector General (“HHS OIG”) and other law enforcement partners, announced the results of the… more

Artificial Intelligence, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Insurance

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Karl Thallner, Jr.

CMS Proposes to Close Perceived Loophole in Medicaid Health Care-Related Tax Regulations

On May 12, 2025, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would impose an additional requirement to federal Medicaid regulations in order for non-broad-based and uniform health care-related… more

Centers for Medicare & Medicaid Services (CMS), Federal Funding, Healthcare Reform, Hospitals, Medicaid

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Adam Tomiak

Workplace Risks Meet Holistic Legal Solutions: One-on-One with Adam Tomiak

How can today’s workplace challenges be addressed with strategies that are both legally sound and business-focused? For general counsel and human resources (HR) executives, a holistic approach addresses legal, operational, and… more

Employee Rights, Employer Liability Issues, Employment Litigation, Employment Policies, Human Resources Professionals

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Elizabeth Torkelsen

New Executive Order Addresses Disparate Impact Liability: Key Implications for Employers

On April 23, 2025, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”). This EO states its purpose as a solution to claims of employment discrimination based on… more

Constitutional Challenges, Corporate Counsel, Department of Justice (DOJ), Disparate Impact, Employment Discrimination

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Robert Travisano

What to Do When Your Distribution Checks Stop Arriving

For months, if not years, you received distribution checks from the business in which you own an interest. The funds came without question and like clockwork. You relied on them. Then suddenly, they stopped coming. Is this the… more

Business Disputes, Corporate Governance, Distribution Rules, Dividends, Limited Liability Company (LLC)

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Jessika Tuazon

Can Food Really Be Medicine? Transforming Health Care One Bite at a Time – Diagnosing Health Care Video Podcast

Can food really be the prescription for better health? Discover how the “Food as Medicine” movement is reshaping health care and what it means for patients, providers, and the future of wellness. On this episode, special… more

Alternative Medicine, Department of Health and Human Services (HHS), Food & Drug Regulations, Food and Drug Administration (FDA), Food Manufacturers

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Carrie Valiant

The NIH IDC – Where Are We Now

On February 7, the National Institutes of Health (“NIH”) issued a Notice (NOT-OD-25-068) entitled “Supplemental Guidance to the 2024 NIH Grants Policy Statement: Indirect Cost Rates” (the “Notice”), though which NIH announced… more

Department of Health and Human Services (HHS), Federal Funding, Government Agencies, Grants, National Institute of Health (NIH)

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Jean-Claude Velasquez

CMS Doubles Down on Medicare Advantage Recoupment: Announces Aggressive RADV Strategy to Reclaim Billions

On May 21, 2025, the Centers for Medicare & Medicaid Services (CMS) announced an aggressive plan (Plan) to expand its efforts to address fraud, waste, and abuse in Medicare Advantage (MA)… more

Appeals, Audits, Centers for Medicare & Medicaid Services (CMS), Enforcement Actions, Government Agencies

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Marissa Vitolo

EEO-1 Filing After June 4: What to Do Now, and How to Prepare for Next Year - Employment Law This Week®

This week, we’re focused on the Equal Employment Opportunity Commission’s (EEOC’s) filing requirements for the EEO-1 Component 1 data: The EEOC requires private employers with 100 or more employees, as well as certain federal… more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Federal Contractors, Reporting Requirements

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Patricia Wagner

DOJ Antitrust Division Establishes Whistleblower Rewards Program

The Antitrust Division of the U.S. Department of Justice (DOJ) has announced that, for the first time, it will offer rewards to individuals who report antitrust crimes and related anticompetitive offenses… more

Antitrust Division, Antitrust Investigations, Antitrust Violations, Bid Rigging, Cartels

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William Walters

As State Legislatures Debate Strengthening the Corporate Practice of Medicine Limitations, a Drug Manufacturer’s Lawsuits Shine a Light on the Relationship Between Telehealth Companies and Affiliated Medical Groups

Drug manufacturer Eli Lilly has filed suit against four companies involved in making, prescribing, and/or selling compounded versions of its weight loss and diabetes drugs ZEPBOUND® and MOUNJARO®… more

Business Litigation, California, Corporate Practice of Medicine, Enforcement Actions, Life Sciences

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Robert Wanerman

Similar Language But a Different Outcome: Medicare DSH Payments after Advocate Christ Medical Center v. Kennedy

Hospitals that serve a high number of indigent patients are faced with a dilemma: they must provide high-quality care but fixed Medicare reimbursement rates often do not take into account the higher operating costs that they… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Disproportionate Share Adjustments, Healthcare Facilities, Healthcare Reform

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A. Millie Warner

Amicus Brief Filed for 10 National Industry Organizations to Uphold District Court’s Order Setting Aside the FTC Noncompete Ban

The fight to resurrect the FTC’s Final Rule (the “Final Rule”) banning noncompetes continues in the U.S. Court of Appeals for the Fifth Circuit. In August 2024, mere days before the Final Rule was to take effect, Judge Ada… more

Amicus Briefs, Appeals, Department of Justice (DOJ), Employment Litigation, Federal Trade Commission (FTC)

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Erik Weibust

Amicus Brief Filed for 10 National Industry Organizations to Uphold District Court’s Order Setting Aside the FTC Noncompete Ban

The fight to resurrect the FTC’s Final Rule (the “Final Rule”) banning noncompetes continues in the U.S. Court of Appeals for the Fifth Circuit. In August 2024, mere days before the Final Rule was to take effect, Judge Ada… more

Amicus Briefs, Appeals, Department of Justice (DOJ), Employment Litigation, Federal Trade Commission (FTC)

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Rachel Weisblatt

National Science Foundation (NSF) Imposes 15% Indirect Cost Rate Cap: What to Know

On May 2, 2025, the National Science Foundation (“NSF”) issued a “Policy Notice: Implementation of Standard 15% Indirect Cost Rate” (NSF 25-034) (hereinafter “Policy Notice”) adopting a uniform 15% Indirect Cost Rate (“IDC”) for… more

Administrative Procedure Act, Colleges, Federal Funding, Life Sciences, National Science Foundation

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David Weiss

CTA Interim Final Rule Eliminates Requirements for U.S. Companies and U.S. Individuals to File Beneficial Ownership Reports

On March 26, 2025, the Financial Crimes Enforcement Network (FinCEN), in an action that was promised earlier in March, issued an interim final rule (the “Interim Rule”) that removes all requirements for U.S. companies and U.S… more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Filing Requirements, Financial Crimes

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Maurice Wells

The 340B Reimbursement Battle: What Hospitals and Insurers Need to Know

The U.S. Supreme Court’s ruling in American Hospital Association (“AHA”) v. Becerra (2022) sent shockwaves through the 340B drug pricing program when it held that CMS’ reduction of reimbursement for drugs purchased under the… more

Centers for Medicare & Medicaid Services (CMS), Hospitals, Medicare Advantage, Pharmaceutical Industry, Prescription Drugs

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Bailey Wendzel

California Finalizes SB 184 Pre-Transaction Notice Requirements for “Material Change” Health Care Transactions

On December 18, 2023, the California Office of Administrative Law approved the emergency regulations promulgated by the Office of Health Care Affordability (OHCA) that set forth the procedural framework for (i) the… more

California, Health Care Providers, Health Insurance, Healthcare, Healthcare Reform

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Jack Wenik

Aligning Business Goals with Legal Strategies Amid Regulatory Change – Speaking of Litigation Video Podcast

When businesses face regulatory uncertainty, how can they effectively adapt, respond, and, if necessary, challenge government action? In this episode of Speaking of Litigation, Epstein Becker Green attorneys Mike Brodlieb, Jim… more

Business Litigation, Enforcement Actions, Government Agencies, Litigation Strategies, Regulatory Reform

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Eric Werner

Navigating the Legal Risks of Consumer Protection Claims in Healthcare

Hospitals and health systems are familiar with traditional medical malpractice cases, but as healthcare is increasingly seen as a business, healthcare providers need to understand the potential for, and limitations of claims… more

Advertising, Class Action, Consumer Protection Laws, Hospitals, Marketing

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George Carroll Whipple, III

New DOJ Memo Warns Employers: Rethink DEI Programs Now - #WorkforceWednesday® - Employment Law This Week®

This week, we’re focusing on the employer implications of new guidance from U.S. Attorney General Pam Bondi and the U.S. Department of Justice (DOJ) on unlawful diversity, equity, and inclusion (DEI) practices. The new guidance… more

Affirmative Action, Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Responsibilities

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Constance Wilkinson

Medicare Drug Price Negotiation Program: The Inflation Reduction Act “Pill Penalty” and Other IRA Reforms on the Horizon for 2026

When Congress adopted the Inflation Reduction Act (IRA) in 2022, creating the Medicare Drug Price Negotiation Program (MDPNP), the bill did not receive support from any Republican senators… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Inflation Reduction Act (IRA)

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Kathleen Williams

Anti-DEI Executive Orders Enjoined: Implications for Federal Funding Recipients and Private Employers

On Friday, February 21, 2025, a federal judge issued a Preliminary Injunction in National Association of Diversity Officers in Higher Education, et al. v. Trump, blocking significant portions of two Executive Orders (EOs) issued… more

Constitutional Challenges, Diversity, Diversity and Inclusion Standards (D&I), Educational Institutions, Equal Employment Opportunity Commission (EEOC)

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Johner Wilson III

#WorkforceWednesday®: Employment Law in 2025: A Look Ahead - Employment Law This Week®

Happy New Year! As we kick off 2025, we’re exploring key legal trends for employers, with a focus on the implications of the incoming Trump administration. In this episode, attorneys from Epstein Becker Green's Employment,… more

Employment Contract, Federal Labor Laws, Labor Reform, Labor Regulations, Regulatory Agenda

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Isabel Wolf

DEI Dead at Revamped EEOC: EEOC Enforcement Priorities After Trump Administration Makeover

President Donald Trump has made several significant and sudden changes at the Equal Employment Opportunity Commission (“EEOC” or “the Commission”), the agency responsible for enforcing Title VII of the Civil Rights Act of 1964… more

Affirmative Action, Civil Rights Act, Constitutional Challenges, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Christine Worthen

CMS Proposes Mandatory Ambulatory Specialty Model to Advance Value-Based Care for Chronic Conditions

On July 10, 2025, the Centers for Medicare & Medicaid Services (CMS) announced a proposed rule to establish the Ambulatory Specialty Model (ASM)—a mandatory value-based payment model for specialists who treat patients with heart… more

Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), CMMI, Medicare, Medicare Part B

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Michelle Wright

Employers Should Plan for the Impact of Evolving Social Policy on Their Workforce

Even before the 2024 presidential election and the recent wave of executive orders, employers were evaluating their positions on various social issues. Whether taking a formal stand, abstaining from a position, or landing… more

Compliance, Diversity and Inclusion Standards (D&I), Employee Benefits, Employee Training, Employees

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Sherelle Wu

On Trend: New Pay Equity Laws Coming to Massachusetts, Minnesota, and Vermont in 2025

The Commonwealth of Massachusetts is the latest of many jurisdictions—including neighboring Vermont as well as Minnesota—to adopt new laws promoting pay equity… more

Corporate Counsel, Employer Liability Issues, Equal Pay, Gender Equity, Gender-Based Pay Discrimination

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Edward Yennock

Mastering Legal Writing: Elevate Your Written Advocacy – Speaking of Litigation Video Podcast

In the legal world, the effectiveness of your writing can make or break your case. In this episode of Speaking of Litigation, Epstein Becker Green attorneys Max Cadmus, Tom Kane, and Ed Yennock delve into the critical aspects… more

Business Litigation, Defense Strategies, Legal Research, Legal Writing, Litigation Strategies

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Lesley Yeung

HHS Reverses Its Longstanding Policy and Limits Public Participation in Rulemaking

On March 3, 2025, the Secretary of Health and Human Services published a policy statement in the Federal Register that reverses a policy adopted over 50 years ago that was intended to expand public participation in the process… more

Administrative Procedure Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Preliminary Injunctions

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Wan Zhang

Supreme Court of Ohio Decides on a Peer-Review Privilege Issue in Stull v. Summa

On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from discovery the file the… more

Discovery, Evidence, Health Care Providers, Healthcare, Medical Malpractice

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Gretel Zumwalt

New York City Employers: It’s Time to Post Your Lactation Policy

Effective May 8, 2025, New York City employers with four or more employees must physically post a copy of their written lactation policy in an area accessible to employees as well as on its intranet if one exists… more

Employee Rights, Employer Responsibilities, Lactation Accommodation, New York, Notice Requirements

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