Author Info for Arnall Golden Gregory LLP

Jeffrey Adams

A Summary of Housing Related Provisions in the CARES Act

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

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

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Joseph Alley Jr.

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

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

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

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Dymond Anthony

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

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

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

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Russell Arouh

Lease Issues - From the Landlord's Perspective

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

Commercial Leases, Commercial Tenants, Landlords, Leases, Tenants

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Michael Bargar

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

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

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

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J. Tucker Barr

The Pitch - February 2023

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

Artists, Athletes, Celebrities, Copyright, Entertainment Industry

See all updates »

R. Michael Barry

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

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

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

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Robert Belair

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

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

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

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Kevin Bell

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

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

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

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Landen Benson

California Federal District Court Rules That AGG Clients’ Case Against Cigna for Institutional Practice of Under-Reimbursing Healthcare Claims Warrants a Trial on the Merits

U.S. District Court Judge David O. Carter ruled in favor of AGG’s clients on March 18, 2024, in a case involving “matters of widescale public concern” and a strong “public interest in access” to some of Cigna’s most coveted…more

Conflicts of Interest, Employee Retirement Income Security Act (ERISA), Evidence, Health Care Providers, Health Insurance

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Andrew Beverina

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

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

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

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David Blank

Narrowing FCA Cases Based on Kickback Allegations: What Healthcare and Life Sciences Companies Need to Know About the Regeneron Decision

On February 18, 2025, in a closely watched decision, the United States Court of Appeals for the First Circuit in United States v. Regeneron Pharmaceuticals Inc., No. 23-2086, 2025 U.S. App. LEXIS 3667 (1st Cir. Feb. 18, 2025)…more

Anti-Kickback Statute, Appellate Courts, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Lanchi Nguyen Bombalier

OCR Announces Risk Analysis Initiative

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

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

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Cristina Reeves Bouton

Strategies for Managing Tenant Problems

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

Landlords, Property Managers, Tenants

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Daniel Bradfield

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

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

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

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Meredith Bradshaw

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

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

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

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Leah Braukman

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

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

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

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Chelsea Brewer

News from AGG's Retail industry Team - Winter Edition

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

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

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Lori Brewer

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

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

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

See all updates »

Jason Bring

A Constitutional Perspective on False Claims Act Penalties: District Court Finds That Penalties Conflict With Constitution’s Excessive Fine Clause

In a potential watershed decision issued on February 26, 2025, the United States District Court for the Northern District of Texas ruled, in U.S. ex rel. Taylor v. Healthcare Associates of Texas, that the civil penalties under…more

Appeals, Constitutional Challenges, Eighth Amendment, Excessive Fines Clause, False Claims Act (FCA)

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Joseph Brock

News from AGG's Retail Industry Team - Summer Edition

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

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

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Matthew Brohm

New York Passes Law Targeting Healthcare Transactions

On May 3, 2023, New York Governor Kathy Hochul signed into law (the “New Law”) a bill that requires certain “health care entities” to disclose proposed “material transactions” to the New York State Department of Health (“DOH”)…more

Health Care Providers, Healthcare Facilities, New York, Private Equity, Transaction Reporting

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Althea Broughton

Qualified Opportunity Zone Frequently Asked Questions

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

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

See all updates »

Garrett Brown

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

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

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

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Gene Burd

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

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

Arbitration, Discovery, Dispute Resolution, International Arbitration

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Michael Burke

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

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

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

See all updates »

Orlando Cabrera

AGG's CARES Act Webinar

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

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

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Edward Cadagin

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

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

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

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Tenley Carp

What Government Contractors Need to Know About the “Revolutionary Federal Procurement Overhaul”

The Trump administration has launched a sweeping overhaul of federal procurement policy aimed at streamlining the Federal Acquisition Regulation (“FAR”), cutting compliance costs, and increasing competition. These changes are…more

Competition, Contract Terms, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors

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Avery Carter

The Fine Line Between Inspiration and Infringement: Studio Ghibli vs. AI Generator

Studio Ghibli, the iconic Japanese animation studio founded in 1985 by Hayao Miyazaki and Isao Takahata, has consistently served as a pillar of creativity, producing animated films that blend unique visuals with heartfelt…more

Algorithms, Animation, Artificial Intelligence, Artists, Copyright

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Natalie Cascario

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

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

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

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Henry Chalmers

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

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

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

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Kelley Chandler

UnitedHealthcare Must Face State Law Claims in Class Action Suit for AI Driven Coverage Denials of Medicare Advantage Claims

Daytime television inundates American seniors with advertisements for UnitedHealthcare’s (“UHC”) Medicare Advantage Plans. On its website, UHC claims its Medicare Advantage Plans “stand out from the rest,” providing “unmatched…more

Algorithms, Artificial Intelligence, Class Action, Data Privacy, Denial of Insurance Coverage

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Lisa Churvis

Amicus Brief Filed Urging Georgia Supreme Court to Uphold Wrongful Death Award Statutory Cap

On behalf of two of the state’s largest healthcare associations — the Georgia Hospital Association (“GHA”) and the Medical Association of Georgia (“MAG”) — AGG Healthcare attorneys Jason Bring, Jerad Rissler, and Lisa Churvis…more

Amicus Briefs, Appeals, Constitutional Challenges, Damage Caps, Damages

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Lorelei Cisne

Public Company Disclosure Considerations During the COVID-19 Pandemic

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

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

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Richard Cleland

The Pitch - June 2024

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

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

See all updates »

Sherman Cohen

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

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

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

See all updates »

Marissa Coleman

A Summary of Housing Related Provisions in the CARES Act

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

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

See all updates »

Richard Collins

UnitedHealthcare Must Face State Law Claims in Class Action Suit for AI Driven Coverage Denials of Medicare Advantage Claims

Daytime television inundates American seniors with advertisements for UnitedHealthcare’s (“UHC”) Medicare Advantage Plans. On its website, UHC claims its Medicare Advantage Plans “stand out from the rest,” providing “unmatched…more

Algorithms, Artificial Intelligence, Class Action, Data Privacy, Denial of Insurance Coverage

See all updates »

Allison Cook

Nationwide Injunction Halts Corporate Transparency Act Compliance Deadline

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

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

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Jacqueline Cooney

Legal Issues Lurking on Your Website

Effective companies use their websites to engage with visitors, understand their market, and drive sales — but the legal landscape has grown in complexity in recent years such that maintaining a strong website for your…more

Americans with Disabilities Act (ADA), Cookies, Data Collection, Privacy Laws, Privacy Policy

See all updates »

L. Carter Cornick

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

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

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

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Elizabeth Cox

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

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

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

See all updates »

Kevin Coy

General Motors Settles With the FTC Over Unauthorized Collection and Sale of Driver Data

In the Federal Trade Commission’s (“FTC”) first action related to connected vehicle data, the agency announced that it reached a settlement with General Motors (“GM”) over GM’s unauthorized collection, use, and sale of driver…more

Automotive Industry, Consent, Consumer Privacy Rights, Data Collection, Data Privacy

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Aaron Danzig

A Constitutional Perspective on False Claims Act Penalties: District Court Finds That Penalties Conflict With Constitution’s Excessive Fine Clause

In a potential watershed decision issued on February 26, 2025, the United States District Court for the Northern District of Texas ruled, in U.S. ex rel. Taylor v. Healthcare Associates of Texas, that the civil penalties under…more

Appeals, Constitutional Challenges, Eighth Amendment, Excessive Fines Clause, False Claims Act (FCA)

See all updates »

Cody Davis

OCR Announces Fifth Settlement Under Its Risk Analysis Initiative

Background - On March 21, 2025, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced a settlement with Health Fitness Corporation (“Health Fitness”), a company that provides wellness plans…more

Data Breach, Electronic Protected Health Information (ePHI), Enforcement Actions, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Security Rule

See all updates »

Elizabeth Davis

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

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

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

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Michelle Davis

The Pitch - March 2025

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

Acquisitions, Antitrust Litigation, Antitrust Violations, Artificial Intelligence, Artists

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Rebecca Davis

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

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

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

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Anuj Desai

FTC Cracks Down on Deceptive Residential Lease Pricing Advertising

On January 16, 2025, The Federal Trade Commission (“FTC”) and State of Colorado filed a complaint against Greystar, the largest multifamily rental property manager in the U.S., for allegedly misleading consumers about rent…more

Advertising, Consumer Financial Products, Enforcement Actions, Federal Trade Commission (FTC), FTC Act

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Brooke Frankel Dickerson

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

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

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

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Bill Dombi

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

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

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

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Laura Dona

Step by Step: FDA Cracks Down on Unauthorized Medical Device Modifications

The Food and Drug Administration recently issued a Warning Letter concerning unauthorized modifications made to a previously cleared medical device (i.e., 510(k)). …more

Compliance, Draft Guidance, Enforcement Actions, FDA Warning Letters, Food and Drug Administration (FDA)

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Stephen Dorvee

Preparing for Litigation in the U.S.

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

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

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Jennifer Downs Burgar

Changing With the Times: OIG’s New “General Compliance Program Guidance” Expands Focus to New Industry Stakeholders and Updates OIG’s Expectations for Compliance Programs

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) recently published a new resource titled General Compliance Program Guidance (“GCPG”), which is described as a reference guide for the…more

Compliance, Health Care Providers, Healthcare Facilities, Hospitals, OIG

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Erin Doyle

Legal Issues Lurking on Your Website

Effective companies use their websites to engage with visitors, understand their market, and drive sales — but the legal landscape has grown in complexity in recent years such that maintaining a strong website for your…more

Americans with Disabilities Act (ADA), Cookies, Data Collection, Privacy Laws, Privacy Policy

See all updates »

Bartow Duncan III

News from AGG's Retail Industry Team - Summer Edition

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

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

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Robert Durkin

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

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

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

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Jonathan Eady

Qualified Opportunity Zone Frequently Asked Questions

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

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

See all updates »

Damon Eisenbrey

UnitedHealthcare Must Face State Law Claims in Class Action Suit for AI Driven Coverage Denials of Medicare Advantage Claims

Daytime television inundates American seniors with advertisements for UnitedHealthcare’s (“UHC”) Medicare Advantage Plans. On its website, UHC claims its Medicare Advantage Plans “stand out from the rest,” providing “unmatched…more

Algorithms, Artificial Intelligence, Class Action, Data Privacy, Denial of Insurance Coverage

See all updates »

David Felt

Legal Issues Business Leaders Need to Know in 2018

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

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

See all updates »

Justin Ferraro

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

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

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

See all updates »

Scott Fisher

Qualified Opportunity Zone Frequently Asked Questions

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

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

See all updates »

Alexander Foster

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

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

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

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Stephen Fox

Public Company Disclosure Considerations During the COVID-19 Pandemic

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

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

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Jeff Friedman

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

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

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

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Gregory Gaylis

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

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

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

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Grace Gluck

Step by Step: FDA Cracks Down on Unauthorized Medical Device Modifications

The Food and Drug Administration recently issued a Warning Letter concerning unauthorized modifications made to a previously cleared medical device (i.e., 510(k)). …more

Compliance, Draft Guidance, Enforcement Actions, FDA Warning Letters, Food and Drug Administration (FDA)

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Neil Gordon

Restructuring Roundup - November 2021

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

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

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Kara Gordon Silverman

Government Investigations Team Insights - February 2025

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

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

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Joel Gossner

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

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

Collaboration, Corporate Finance, Corporate Governance, Licensees

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Jessica Tobin Grozine

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

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

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

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Kiera Gwynn

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

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

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

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Morgan Harrison

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

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

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

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Kathryn Baldwin Hecker

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

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

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

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Dawn Helak

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

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

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

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Glenn Hendrix

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

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

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

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Matthew Higgins

Update on Potential Tax Changes

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

Biden Administration, Legislative Agendas

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Jennifer Hilliard

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

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

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

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David Hobson

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

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

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

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Dorothea Hockel

UPDATE: Gesetz zur Modernisierung des deutschen Staatsangehörigkeitsrechts

Das vom Deutschen Bundestag beschlossene Gesetz zur Modernisierung des Staatsangehörigkeitsrechts (StARModG) wurde am 26. März 2024 im Bundesgesetzblatt verkündet. In seinen wesentlichen Teilen tritt das Gesetz drei Monate nach…more

Citizenship, Dual Citizenship, Foreign Nationals, Germany, Immigration Procedures

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Neil Hoffman Ph.D.

OIG Updates Compliance Guidance for Nursing Facilities

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

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

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Alan Horowitz

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

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

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

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Damian Hovancik

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

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

Affordable Housing, IRS, Relief Measures, Revenue Procedures

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Lindsey Hughes

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

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

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

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Jeremy Hunt

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

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

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

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Christian Husby

IRS Issues Third Warning on Employee Retention Credit Claims

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

Employee Retention, IRS, Tax Credits

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Jeffrey Jacobovitz

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

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

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

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Emily Jewell

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

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

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

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Theresa Kananen

Fourth Circuit Lifts Preliminary Injunction on Executive DEI Orders

On March 14, 2025, the United States Court of Appeals for the Fourth Circuit granted the Trump administration’s motion to stay the United States District Court for the District of Maryland’s preliminary injunction on the…more

Constitutional Challenges, Diversity, Diversity and Inclusion Standards (D&I), Due Process, Employment Discrimination

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Ashley Steiner Kelly

Fourth Circuit Lifts Preliminary Injunction on Executive DEI Orders

On March 14, 2025, the United States Court of Appeals for the Fourth Circuit granted the Trump administration’s motion to stay the United States District Court for the District of Maryland’s preliminary injunction on the…more

Constitutional Challenges, Diversity, Diversity and Inclusion Standards (D&I), Due Process, Employment Discrimination

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Thomas Kelly

Industry Group Challenges Mental Health Parity Act Final Rules

On January 17, 2025, the ERISA Industry Committee (“ERIC”) filed a lawsuit against the U.S. Department of Health and Human Services and other federal agencies, seeking to invalidate the final rules under the Mental Health Parity…more

Administrative Procedure Act, Department of Health and Human Services (HHS), Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Insurance

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William Kitchens

AGG Food & Drug Newsletter - December 2015

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

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

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Sean Kulka

The Benefits of Subchapter V — But Are You Guaranteed To Stay?

Benefits of Subchapter V - On August 23, 2019, Congress enacted the Small Business Reorganization Act of 2019 (“SBRA”), which became effective on February 19, 2020, creating Subchapter V of Chapter 11 of the Bankruptcy Code (11…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Debtors, Small Business

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Darryl Scott Laddin

Restructuring Roundup - March 2025

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

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Corporate Restructuring, Creditors

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Matthew Lavin

DOJ Submits Statement of Interest in MultiPlan Provider MDL

On March 27, 2025, the Department of Justice (“DOJ”) submitted a Statement of Interest in the multidistrict litigation, In re MultiPlan Health Insurance Provider Litigation. The litigation asserts that MultiPlan (now known as…more

Antitrust Litigation, Antitrust Violations, Department of Justice (DOJ), Health Insurance, Insurance Litigation

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Lance Lee

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

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

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

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Bertram Levy

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

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

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

See all updates »

Jeffrey Lewis

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

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

Construction Industry, Contractors, Warranties

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Lauren Light

Public Company Disclosure Considerations During the COVID-19 Pandemic

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

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

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Lindsey Locke

U.S. District Court Does Not Prevent Department of Labor’s New Overtime Rule From Taking Effect (For Most) (For Now)

As widely covered, the United States Department of Labor (“DOL”), in April 2024, issued a new rule that increased the salary thresholds for the overtime exemptions for executive, administrative, and professional (“EAP”)…more

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

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Sara Lord

Government Investigations Team Insights - February 2025

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

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

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Ryan Lynn

The Pitch - February 2025

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

Artificial Intelligence, Authors, College Athletes, Copyright, Copyright Infringement

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Caroline Magee

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

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

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

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David Marmins

[Webinar] Cosmetics and PFAS: Wave of “Forever Chemical” Litigation Reaches the Shores of Makeup Manufacturers - October 12th, 2:00 pm - 3:00 pm EDT

Please join AGG litigators David J. Marmins and Morgan E. M. Harrison and AGG Food & Drug practice team leader Alan G. Minsk for a complimentary webinar addressing the recent spate of litigation against cosmetic companies over…more

Biden Administration, Continuing Legal Education, Cosmetics, Environmental Protection Agency (EPA), Manufacturer Liability

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Edward Marshall

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

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

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

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William Matthews

Delaware Bankruptcy Court Decision Highlights Potential Defenses to Equitable Subordination Claim

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

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

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Chesley McLeod

California Invasion of Privacy Act Lawsuits: An Update

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

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

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Charmaine Mech

New OIG Report Suggests Medicare Remote Patient Monitoring Services May Face Increased Government Scrutiny

On September 24, 2024, the U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) posted a report entitled, “Additional Oversight of Remote Patient Monitoring in Medicare is Needed.”…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Healthcare, Life Sciences, Medicare

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Montserrat Miller

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

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

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

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Alan Minsk

Step by Step: FDA Cracks Down on Unauthorized Medical Device Modifications

The Food and Drug Administration recently issued a Warning Letter concerning unauthorized modifications made to a previously cleared medical device (i.e., 510(k)). …more

Compliance, Draft Guidance, Enforcement Actions, FDA Warning Letters, Food and Drug Administration (FDA)

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Megan Mitchell

Northern District of Illinois Becomes Latest Court to Block President Trump’s DEI Executive Orders

As we have reported, President Trump’s Executive Orders 14151 and 14173 targeting diversity, equity, and inclusion (“DEI”) programs (the “DEI Orders”) have resulted in considerable legal activity addressing the constitutionality…more

Constitutional Challenges, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employer Responsibilities, Employment Discrimination

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Richard Mitchell

Texas Two-Step: Court Makes First Move Toward Blocking FTC Non-Compete Ban

On July 3, 2024, in Ryan LLC et al. v. Federal Trade Commission, the United States District Court for the Northern District of Texas issued a much-anticipated ruling on the final Noncompete Rule (the “Final Rule”) announced by…more

Administrative Procedure Act, Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Aaron Modiano

The Mental Health Matters Act Advances in the House

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

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

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Beth Moore

The Pitch - August 2024

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

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

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Ansly Moyer

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

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

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

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Paula Nagarajan

AGG Talks: Women in Tech Law Podcast - Episode 6: Navigating the Legal Landscape of Venture Capital: Key Considerations for Startups

In this episode, AGG Women in Tech Law attorneys Allison Raley and Paula Nagarajan break down the essential legal steps founders should take before approaching investors, key protections to negotiate in equity deals, and common…more

Acquisitions, Career Development, Mergers, Professional Development, Startups

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Jonathan Neville

Strategies for Negotiating with a Franchisee and Franchisor

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

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

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Kelsey O'Neill

Government Investigations Team Insights - February 2025

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

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

See all updates »

T. Chase Ogletree

The Pitch - January 2025

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

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

See all updates »

Matthias Ohm

UPDATE: Gesetz zur Modernisierung des deutschen Staatsangehörigkeitsrechts

Das vom Deutschen Bundestag beschlossene Gesetz zur Modernisierung des Staatsangehörigkeitsrechts (StARModG) wurde am 26. März 2024 im Bundesgesetzblatt verkündet. In seinen wesentlichen Teilen tritt das Gesetz drei Monate nach…more

Citizenship, Dual Citizenship, Foreign Nationals, Germany, Immigration Procedures

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William Olsen

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

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

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

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Richard Oparil

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

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

Amazon, Dietary Supplements, Labeling, Marketing, Online Platforms

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Nick Passarello

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

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

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

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Hanish Patel

Postproduction Credits Back on the Menu: Georgia Revives Income Tax Credits for Film/TV Postproduction Activities

In the final days of the session, the Georgia Legislature reinstated Georgia’s income tax credit for film and television postproduction activities. For tax years beginning January 1, 2026, H.B. 129 will now permit Georgia…more

Entertainment Industry, Film Industry, Georgia, New Legislation, Proposed Legislation

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Henry Perlowski

Northern District of Illinois Becomes Latest Court to Block President Trump’s DEI Executive Orders

As we have reported, President Trump’s Executive Orders 14151 and 14173 targeting diversity, equity, and inclusion (“DEI”) programs (the “DEI Orders”) have resulted in considerable legal activity addressing the constitutionality…more

Constitutional Challenges, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employer Responsibilities, Employment Discrimination

See all updates »

Mindy Planer

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

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

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

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Suzanne Tucker Plybon

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

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

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

See all updates »

Stephen Pocalyko

U.S. State Department Announces New Guidance on National Interest Exceptions to U.S. Travel Ban

We are happy to announce that, on August 12, 2020, the U.S. State Department provided important guidance on U.S. travel that may qualify for a National Interest Exception to recent Presidential Proclamation 10052 (P.P. 10052)…more

Foreign Nationals, H-1B, National Interest Waiver, Presidential Proclamations, Travel Ban

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Madison Pool

OCR Announces Fifth Settlement Under Its Risk Analysis Initiative

Background - On March 21, 2025, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced a settlement with Health Fitness Corporation (“Health Fitness”), a company that provides wellness plans…more

Data Breach, Electronic Protected Health Information (ePHI), Enforcement Actions, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Security Rule

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Allison Raley

Focused Escalation: Administration Pauses Most Tariffs, Raises China Rate to 125%, Signals Broader Sector Reach

Key Takeaways - President Donald Trump announced a 90-day pause on all the “reciprocal” tariffs, with the exception of China, which will see tariffs increased to 125%. The president said he also expects Beijing to reach an…more

Canada, China, International Trade, Mexico, Retaliatory Tariffs

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W. Jerad Rissler

A Constitutional Perspective on False Claims Act Penalties: District Court Finds That Penalties Conflict With Constitution’s Excessive Fine Clause

In a potential watershed decision issued on February 26, 2025, the United States District Court for the Northern District of Texas ruled, in U.S. ex rel. Taylor v. Healthcare Associates of Texas, that the civil penalties under…more

Appeals, Constitutional Challenges, Eighth Amendment, Excessive Fines Clause, False Claims Act (FCA)

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Barbara Rogers

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

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

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

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Hedy Silver Rubinger

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

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

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

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Gabriel Scannapieco

AGG Talks: Cross-Border Business Podcast - Episode 26: U.S. Enforcement Trends Targeting Foreign Pharmaceutical and Medical Device Manufacturers

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by Gabe Scannapieco, AGG Litigation & Dispute Resolution partner, to discuss enforcement trends affecting foreign…more

Cross-Border, Cross-Border Transactions, Foreign Corporations, Life Sciences, Manufacturers

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Abe Schear

2024 Retail Wrap-Up: Musings on AI and More

At the end of each year, many of us ponder whether our current resolutions were achieved and what our resolutions should be for the year to come. Of course, resolutions should be achievable and not simply aspirational. With that…more

Artificial Intelligence, Commercial Leases, Commercial Tenants, Landlords, Leases

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John Schneible Ph.D.

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

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

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

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Andrew Schutt

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

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

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

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Sydney Selman

Northern District of Illinois Becomes Latest Court to Block President Trump’s DEI Executive Orders

As we have reported, President Trump’s Executive Orders 14151 and 14173 targeting diversity, equity, and inclusion (“DEI”) programs (the “DEI Orders”) have resulted in considerable legal activity addressing the constitutionality…more

Constitutional Challenges, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employer Responsibilities, Employment Discrimination

See all updates »

Jennifer Shelfer

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

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

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

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Scott Shuman

Supreme Court Victory for Brick and Mortar

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

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

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Andrew Siegel

Six Points That Any Buyer of Student Housing Should Consider

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

Buyers, Colleges, Condition Precedent, Housing Market, Leases

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Teri Simmons

UPDATE: Gesetz zur Modernisierung des deutschen Staatsangehörigkeitsrechts

Das vom Deutschen Bundestag beschlossene Gesetz zur Modernisierung des Staatsangehörigkeitsrechts (StARModG) wurde am 26. März 2024 im Bundesgesetzblatt verkündet. In seinen wesentlichen Teilen tritt das Gesetz drei Monate nach…more

Citizenship, Dual Citizenship, Foreign Nationals, Germany, Immigration Procedures

See all updates »

Priya Sinha

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

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

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

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Philip Skinner

AGG's Global Commerce Team Insights - July 2019

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

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

See all updates »

Douglas Smith

COBRA Subsidy Requirements Under the American Rescue Plan Act of 2021

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

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

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Jay Solomon

How International Companies Approach Talent Shortages in the Southeast Recap

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

Labor Commissioners, Labor Shortage, Visas

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Tycho Stahl

AGG's Global Commerce Team Insights - July 2019

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

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

See all updates »

Sarah Steputis

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

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

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

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Andrew Stevens

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

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

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

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Brian Stimson

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

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

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

See all updates »

Felix Swierski IV

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

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

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

See all updates »

Brian Teras

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

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

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

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Erica Tokar

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

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

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

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Nicholas Tsimortos

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

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

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

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Andrew Tsui

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

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

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

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Michael Van Cise

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

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

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

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Jeremy Ware

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

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

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

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Kadeja Watts

OCR Issues Proposed Rule to Strengthen Cybersecurity for ePHI

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

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

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Nicole Wemhoff

DOJ Submits Statement of Interest in MultiPlan Provider MDL

On March 27, 2025, the Department of Justice (“DOJ”) submitted a Statement of Interest in the multidistrict litigation, In re MultiPlan Health Insurance Provider Litigation. The litigation asserts that MultiPlan (now known as…more

Antitrust Litigation, Antitrust Violations, Department of Justice (DOJ), Health Insurance, Insurance Litigation

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Frank White

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

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

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

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Tyson Willis

2024 Brings Estate Planning Opportunities, Significant Reporting Obligations

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

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

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J. Grant Wilmer Jr.

Update on Potential Tax Changes

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

Biden Administration, Legislative Agendas

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Matthew Wilson

Postproduction Credits Back on the Menu: Georgia Revives Income Tax Credits for Film/TV Postproduction Activities

In the final days of the session, the Georgia Legislature reinstated Georgia’s income tax credit for film and television postproduction activities. For tax years beginning January 1, 2026, H.B. 129 will now permit Georgia…more

Entertainment Industry, Film Industry, Georgia, New Legislation, Proposed Legislation

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Zach Wilson

IRS Issues Third Warning on Employee Retention Credit Claims

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

Employee Retention, IRS, Tax Credits

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Erin Winn

The Pitch - December 2023

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

Artificial Intelligence, Athletes, Copyright, Copyright Office, Defamation

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C. Knox Withers

To Terminate or Not to Terminate: Alternative Lease Remedies and When to Use Them

Most commercial real estate leases afford the landlord multiple remedies to address a tenant’s default. Frequently, such remedies are cumulative, as the landlord may pursue concurrent options. However, two of the most common…more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Landlords, Rent

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Lori Wright

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

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

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

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Matthew Zapadka

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

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

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

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Meicheng Zhu

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

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

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

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