Epstein Becker & Green

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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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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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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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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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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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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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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Whistleblower Challenges and Employer Responses: One-on-One with Alex Barnard

Addressing whistleblower claims is one of the most sensitive and complex issues employers face. It becomes especially challenging when the claims involve compliance officers, risk officers, or even lawyers tasked with…more

Best Practices, Corporate Counsel, Employer Responsibilities, Employment Litigation, Investigations

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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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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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New Paycheck Requirements Coming to Ohio in April

Beginning April 9, 2025, Ohio employers will be legally required to give employees access to their paystubs…more

Department of Labor (DOL), Employee Rights, Employer Responsibilities, Fair Labor Standards Act (FLSA), Pay Transparency

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#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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A Final Rule Bites the Dust: Federal Court Rules FDA Lacks Authority to Regulate LDTs

The order is in, and the LDT Final Rule is out. In May 2024, the U.S. Food & Drug Administration (“FDA” or the “Agency”) published its Final Rule establishing its regulatory framework over laboratory developed tests…more

Final Rules, Food and Drug Administration (FDA), Judicial Authority, Laboratory Developed Tests, Life Sciences

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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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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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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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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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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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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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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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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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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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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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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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#WorkforceWednesday: How Can Employers Prepare for the Future of Pay Equity? - Employment Law This Week®

This week, we’re highlighting the evolving landscape of pay equity and pay data reporting requirements: Efforts to address pay disparities have led to an increase in pay equity legislation that shows no signs of slowing down…more

Employer Liability Issues, Equal Pay, Pay Data, Pay Equity Laws, Pay Transparency

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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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Executive Actions Impact Federally Funded Research: What Institutions Should Do Now – Diagnosing Health Care Video Podcast

From removing diversity, equity, and inclusion initiatives to suspending foreign aid and canceling federal funding, it is clear that the current administration is drastically changing the landscape of government-funded research…more

Biden Administration, Executive Orders, Federal Funding, Government Agencies, Health Care Providers

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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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The Legal Battle Over Mifepristone

During the past several turbulent weeks for the U.S. health care system, rulings in the case Alliance for Hippocratic Medicine v. FDA have called into question the U.S. Food and Drug Administration’s (“FDA’s”) scientific review…more

Abortion, FDA Approval, Food and Drug Administration (FDA), Pharmaceutical Industry, Pregnancy

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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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New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)…more

Consent, Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection

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New York State Proposes Bill That Would Place Restrictions on Noncompetes and Other Restrictive Covenants

With the Federal Trade Commission’s Noncompete ban essentially dead, state legislatures, as expected, are taking restrictive covenant lawmaking into their own hands…more

Employees, Employment Contract, Employment Policies, Federal Trade Commission (FTC), Labor Reform

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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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Upcoming Consumer Privacy Laws: What Organizations Must Know for 2024 and 2025

Over the past several years, the number of states with comprehensive consumer data privacy laws has increased exponentially from just a handful—California, Colorado, Virginia, Connecticut, and Utah—to up to twenty by some…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Processors, Data Protection

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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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Second Circuit Provides Lifeline to Employers Facing WTPA Claims in Federal Court

In Guthrie v. Rainbow Fencing Inc., 113 F.4th 300 (2d Cir. 2024), the Second Circuit weighed in on a brewing dispute among New York district courts as to whether (and how) a plaintiff’s allegations may establish Article III…more

Article III, Employees, Employer Liability Issues, Employment Litigation, Labor Law Violations

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D.C.’s Certificate of Need (CON) Process Could See Improvement with Proposed Legislation

In September 2024, a group of Washington, D.C., legislators introduced the Certificate of Need (CON) Improvement Act of 2024, B25-0948. …more

Certificate of Need, Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Reform

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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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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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The Future of Federal Non-Compete Bans in a Trump Administration

Highlights - The fate of FTC and NLRB efforts to ban non-compete agreements hinges on President-elect Trump’s still unannounced picks to lead those agencies…more

Biden Administration, Employment Contract, Federal Trade Commission (FTC), NLRB, Non-Compete Agreements

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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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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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Insider Strategies for Wage and Hour Compliance Success: One-on-One with Paul DeCamp

Wage and hour compliance often presents complex challenges for employers, with unclear regulations and changing enforcement priorities. Addressing these issues proactively and resolving potential disputes are vital for…more

Compliance, Employee Rights, Employer Responsibilities, Employment Litigation, Employment Policies

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Florida Expands Privacy Protections Including a Ban on Offshoring of Certain Patient Data

Recently, Florida Governor Ron DeSantis signed Senate Bill 262 and Senate Bill 264 into law. These new laws grant Floridians greater control over their personal data and establish a new standard for data handling and protection…more

Data Collection, Data Privacy, Data Processors, Data Protection, Enforcement

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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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California’s Office of Health Care Affordability Kicks into Action: Are Organizations Ready for Increased Scrutiny in Health Care Transactions?

State governments are increasingly entering the field of health care market oversight and enforcement. In what was once an issue typically left to the federal government, state governments are looking for ways to regulate…more

Alternative Payment Models (APM), Anti-Competitive, Antitrust Provisions, Competition, Health Care Providers

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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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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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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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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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Supreme Court Underscores Limited Applicability of Rule 10b-5(b) Omissions Claims

In Macquarie Infrastructure Corp. v. Moab Partners, L.P., No. 22-1165, 601 U.S. ___ (April 12, 2024), the United States Supreme Court held that “pure omissions are not actionable” for securities fraud asserted specifically under…more

Disclosure Requirements, Failure To Disclose, Financial Services Industry, Macquarie Infrastructure Corp v Moab Partners LP, Omissions

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Virginia Expands Non-Compete Restrictions Beginning July 1, 2025

At the end of March, Governor Glenn Youngkin signed SB 1218, which amends Virginia’s non-compete ban for “low-wage” workers (the “Act”) to include non-exempt employees under the federal Fair Labor Standards Act (the “FLSA”)…more

Amended Legislation, Employee Rights, Employment Policies, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Final Mental Health Parity Rules Released: Next Steps for Employers

On September 23, 2024, the U.S. Departments of Health and Human Services, Labor, and the Treasury (collectively, the “Departments”) issued a final rule (“Final Rule”) implementing amendments made by the Consolidated…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, Employer Liability Issues

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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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Telehealth Cliff Averted, for Now (But September is Six Months Away)

The potential plunge off the telehealth cliff that we warned you about in our March 3, 2025, blog post has been averted, for now…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Digital Health, Health Care Providers, Medicare

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Employee Benefit Strategies to Aid Workers During 2025 California Wildfires

The wildfires moving through Southern California have destroyed communities and displaced countless individuals…more

401k, 403(b) Plans, California, Department of Labor (DOL), Disaster Aid

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#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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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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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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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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Paid Sick Leave in Michigan: Legislature Changes Course at the One-Yard Line

On February 21, 2025, as Michigan employers were preparing to comply with the provisions of the Earned Sick Time Act (the “Original ESTA”) taking effect that day, Governor Gretchen Whitmer signed a last-minute bill (the “Amended…more

Employee Benefits, Employee Rights, Employment Policies, Labor Reform, New Legislation

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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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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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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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CFPB’s Recent Rule Eliminates Medical Debt from Credit Reports

On January 7, 2025, the Consumer Financial Protection Bureau (“CFPB”) published a final Rule (the “Rule”) that prohibits consumer reporting agencies from including individuals’ medical debt on consumer credit reports…more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Credit Reports, Debt Collection, Fair Credit Reporting Act (FCRA)

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False Claims Act Exposure in Focus: President Trump Signs Executive Order Targeting DEI Programs

On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “EO”), which aims to eliminate diversity, equity, and inclusion (DEI) policies and…more

Affirmative Action, Civil Rights Act, Diversity, Employment Discrimination, Executive Orders

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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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#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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FMCS Services Curtailed Pursuant to Executive Order

The Federal Mediation and Conciliation Service (FMCS) has begun to significantly curtail services as the agency moves to implement a March 14 Executive Order, Continuing the Reduction of the Federal Bureaucracy, that directs…more

Dispute Resolution, Employment Policies, Executive Orders, Federal Labor Laws, Government Agencies

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Never on Sunday—or on Saturday, Either - SCOTUS Today

Immigration-related cases have recently been highly controversial and much in the news. Thus, it should be unsurprising that the U.S. Supreme Court was sharply divided in the case of Monsalvo Velázquez v. Bondi, the central…more

Filing Deadlines, Immigration Procedures, Judicial Review, SCOTUS, Statutory Interpretation

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How ERISA Litigators Strengthen Plan Compliance and Risk Management: One-on-One with Jeb Gerth

Strategic ERISA (Employee Retirement Income Security Act) plan design and administration require more than just technical compliance—they call for foresight into how plans will hold up under legal scrutiny. In this one-on-one…more

Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employment Litigation, Fiduciary Duty

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New York to Extend Window for Filing Administrative Complaints of Unlawful Discrimination

n November 17, 2023, New York Governor Kathy Hochul signed Senate Bill 3255 (the “Act”) into law. The Act amends Section 297-5 of the New York Executive Law (“Section 297-5”) by extending the statute of limitations for filing…more

Complaint Procedures, Employment Discrimination, Harassment, Labor Law Violations, Labor Reform

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#WorkforceWednesday®: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week®

This week, we’re focused on federal contractors and the effects that the reinstatement of Executive Orders 14151 and 14173 will have on employers: President Trump’s executive orders against diversity, equity, and inclusion…more

Appeals, Compliance, Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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Paid Sick Leave in Michigan: Legislature Changes Course at the One-Yard Line

On February 21, 2025, as Michigan employers were preparing to comply with the provisions of the Earned Sick Time Act (the “Original ESTA”) taking effect that day, Governor Gretchen Whitmer signed a last-minute bill (the “Amended…more

Employee Benefits, Employee Rights, Employment Policies, Labor Reform, New Legislation

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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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President Trump’s Artificial Intelligence (AI) Action Plan Takes Shape as NSF, OSTP Seek Comments

On January 23, 2025, as one of the first actions of his second term, President Trump signed Executive Order (EO) 14179, “Removing Barriers to American Leadership in Artificial Intelligence,”  making good on a campaign promise to…more

Artificial Intelligence, Cybersecurity, Executive Orders, Innovation, Innovative Technology

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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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New Federal Agency Policies and Protocols for Artificial Intelligence Utilization and Procurement Can Provide Useful Guidance for Private Entities

On April 3, 2025, the Office of Management and Budget (“OMB”) issued two Memoranda (Memos) regarding the use and procurement of artificial intelligence (AI) by executive federal agencies…more

Algorithms, Artificial Intelligence, Executive Orders, Federal Acquisition Regulations (FAR), Government Agencies

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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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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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#WorkforceWednesday®: Beyond Non-Competes - IP and Trade Secret Assessment Strategies for Employers - Spilling Secrets Podcast - Employment Law This Week®

This week, on our Spilling Secrets podcast series, our panelists outline the benefits of intellectual property (IP) audits and trade secret assessments for employers and organizations looking to safeguard their assets: With…more

Confidential Information, Employment Contract, Intellectual Property Protection, Non-Compete Agreements, Restrictive Covenants

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New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law

In a decision with significant implications for employers and employees alike, the New Jersey Supreme Court on March 17, 2025, clarified that commissions constitute wages under the New Jersey Wage Payment Law (“NJWPL”)…more

Employee Rights, Employees, Employer Responsibilities, Employment Litigation, New Jersey

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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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Criminal Health Care Fraud Enforcement: Projections for 2025 and Beyond – Diagnosing Health Care Video Podcast

Since Pam Bondi was appointed U.S. Attorney General, we’ve seen notable shifts in the U.S. Department of Justice’s criminal enforcement priorities. How significant are some of these changes, and how might they affect your…more

Attorney General, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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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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Election Day and the Days After: Tips for Employers

Election Day is Tuesday, November 5. During this election season, employers may question whether the law requires them to allow employees time off to vote, often referred to as “voting leave”, and if so, whether such leave is…more

EEO, Employee Benefits, Employee Handbooks, Employee Rights, Employees

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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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From The Basketball Court To Federal Court: The New York Knicks Sue The Toronto Raptors For Theft Of Confidential Information

The New York Knicks made headlines last week when they sued the Toronto Raptors for theft of confidential and proprietary information, including scouting reports, play frequency reports, and other confidential information…more

Breach of Contract, Bylaws, Confidential Information, Dispute Resolution, Employment Contract

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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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Voters Decide on State Minimum Wages and Other Workplace Issues

On Election Day 2024, voters in six states weighed in on ballot initiatives that addressed several employment law topics…more

Ballot Measures, Corporate Counsel, Employees, General Elections, Minimum Wage

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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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Fifth Circuit Poised to Uphold Ruling Striking Down Preventive Coverage Requirement

A federal appeals court panel in New Orleans is poised to uphold a lower court ruling enjoining the enforcement of the Affordable Care Act's (ACA) requirement that most private health insurance cover recommendations of the…more

ACIP, Administrative Procedure Act, Affordable Care Act, Constitutional Challenges, Health Insurance

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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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#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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Criminal Health Care Fraud Enforcement: Projections for 2025 and Beyond – Diagnosing Health Care Video Podcast

Since Pam Bondi was appointed U.S. Attorney General, we’ve seen notable shifts in the U.S. Department of Justice’s criminal enforcement priorities. How significant are some of these changes, and how might they affect your…more

Attorney General, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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New Tennessee Immigration Enforcement Law: Key Measures and Implications

While much attention has been given to the Trump Administration’s early federal policy objectives to increase immigration enforcement, clients should also be aware of similar increased enforcement policies at the state level…more

Constitutional Challenges, Department of Homeland Security (DHS), Enforcement Actions, Immigration Enforcement, New Legislation

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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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ICYMI: 10+ Years Later, NY Limits Employers’ Access to Employees’ Social Media and Other “Personal Accounts”

With the potential “tendency of many to ‘overshare,’ documenting everything from their breakfast to their favorite Marvel™ villain” on social media, as recognized in at least one court opinion, perhaps unsurprisingly, some…more

Conditional Job Offers, Employee Privacy Rights, Employees, Employer Liability Issues, Hiring & Firing

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New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law

In a decision with significant implications for employers and employees alike, the New Jersey Supreme Court on March 17, 2025, clarified that commissions constitute wages under the New Jersey Wage Payment Law (“NJWPL”)…more

Employee Rights, Employees, Employer Responsibilities, Employment Litigation, New Jersey

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AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the…more

ADEA, Algorithms, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence

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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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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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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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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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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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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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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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Time Is Money: A Quick Wage-Hour Tip on … Inclement Weather Pay Obligations

Despite Punxsutawney Phil declaring an early spring, employers should continue to prepare for weather-related emergencies and their wage and hour implications.  As with most of wage and hour-related determinations, employers…more

Collective Bargaining Agreements (CBA), Emergency Management Plans, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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#WorkforceWednesday®: Beyond Non-Competes - IP and Trade Secret Assessment Strategies for Employers - Spilling Secrets Podcast - Employment Law This Week®

This week, on our Spilling Secrets podcast series, our panelists outline the benefits of intellectual property (IP) audits and trade secret assessments for employers and organizations looking to safeguard their assets: With…more

Confidential Information, Employment Contract, Intellectual Property Protection, Non-Compete Agreements, Restrictive Covenants

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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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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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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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Employers in California: Don’t Forget That “Joint Employers” Are Not Vicariously Liable for Each Other’s Conduct

The Serrano/Ducksworth defense. If you know what I’m referring to, you don’t need to read any further.  But if you don’t, well, please read on…more

Employer Liability Issues, Employment Litigation, Joint Employers, Staffing Agencies, Temporary Employees

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Final Mental Health Parity Rules Released: Next Steps for Employers

On September 23, 2024, the U.S. Departments of Health and Human Services, Labor, and the Treasury (collectively, the “Departments”) issued a final rule (“Final Rule”) implementing amendments made by the Consolidated…more

Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, Employer Liability Issues

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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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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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New York Governor Reinstates Mask Mandate

Today, New York Governor Kathy Hochul announced a new mask mandate for private businesses that do not require proof of vaccination for entry, which will take effect Monday, December 13, 2021 and remain in place through January…more

Coronavirus/COVID-19, Health and Essential Rights (HERO) Act, Health and Safety, Infectious Diseases, Masks

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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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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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Telehealth Cliff Averted, for Now (But September is Six Months Away)

The potential plunge off the telehealth cliff that we warned you about in our March 3, 2025, blog post has been averted, for now…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Digital Health, Health Care Providers, Medicare

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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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Arkansas Prohibits Noncompetes for Physicians

In March of this year, Arkansas Governor Sarah Huckabee signed into law a bill titled “An Act To Clarify That a Covenant Not to Compete Agreement Is Unenforceable for Certain Licensed Medical Professionals" (the “Act”)…more

Arkansas, Contract Terms, Employment Contract, Healthcare, New Legislation

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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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#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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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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Challenging the FTC’s Noncompete Rule: Amicus Brief Submitted on Behalf of 11 National Trade Organizations

As we have previously written, on April 23, 2024, the Federal Trade Commission (FTC) issued a sweeping final rule (“the Rule”) that purports to ban virtually all post-employment noncompete agreements in the United States. The…more

Amicus Briefs, Competition, Employer Liability Issues, Employment Contract, Federal Labor Laws

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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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Five Developing Trends Financial Services Employers Need to Know - Take 5 Newsletter

As certain long-standing issues of interest to financial services employers seem to be receiving a degree of reactive attention, other cutting-edge issues continue to force such employers to revisit and update policies to meet…more

Arbitration Agreements, Attorney-Client Privilege, Drug Testing, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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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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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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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

See all updates »

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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#WorkforceWednesday: Termination Meetings on the Record - Employment Law This Week®

With virtual terminations on the rise, what steps should employers take to ensure they are prepared and compliant if an employee secretly records their termination? Epstein Becker Green attorneys Marc A. Mandelman and Lauri F…more

Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing, Termination

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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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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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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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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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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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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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Executive Actions Impact Federally Funded Research: What Institutions Should Do Now – Diagnosing Health Care Video Podcast

From removing diversity, equity, and inclusion initiatives to suspending foreign aid and canceling federal funding, it is clear that the current administration is drastically changing the landscape of government-funded research…more

Biden Administration, Executive Orders, Federal Funding, Government Agencies, Health Care Providers

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#WorkforceWednesday®: How Will Trump’s Federal Changes Impact Employers? - Employment Law This Week®

This week, we examine how the loss of a quorum at the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC), along with the rollback of affirmative action requirements for federal…more

Affirmative Action, Civil Rights Act, Equal Employment Opportunity Commission (EEOC), Federal Contractors, NLRB

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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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New Paycheck Requirements Coming to Ohio in April

Beginning April 9, 2025, Ohio employers will be legally required to give employees access to their paystubs…more

Department of Labor (DOL), Employee Rights, Employer Responsibilities, Fair Labor Standards Act (FLSA), Pay Transparency

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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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#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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New York Court of Appeals Holds That Child Victims Act Claims Brought Against the State of New York Must Meet Statutory Substantive Pleading Requirements

In a unanimous ruling, the New York Court of Appeals held that the New York State Legislature did not alter the substantive pleading requirements of Section 11(b) of the Court of Claims Act (the “Act”) for claims brought against…more

Appellate Courts, Child Abuse, Dismissals, Motion to Dismiss, Negligence

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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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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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CMS Issues Mandatory “TEAM Model” for Acute Care Hospitals to Improve Episode-Based Alternative Payments and Advance Accountable Care Relationships

On August 1, 2024, the Centers for Medicare & Medicaid Services (CMS) released a final rule updating the Medicare inpatient prospective payment system (IPPS) for acute care hospitals and the Medicare prospective payment system…more

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

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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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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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FTC Issues RFI on Anti-Competitive Regulations

On April 14, 2025, following President Trump’s recently issued executive order addressing regulatory barriers to competition, the Federal Trade Commission (FTC) issued a Request for Public Comment Regarding Reducing…more

Anti-Competitive, Comment Period, Competition, Executive Orders, Federal Trade Commission (FTC)

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#WorkforceWednesday®: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week®

This week, we’re focused on federal contractors and the effects that the reinstatement of Executive Orders 14151 and 14173 will have on employers: President Trump’s executive orders against diversity, equity, and inclusion…more

Appeals, Compliance, Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions

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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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#WorkforceWednesday®: Trade Secret Litigation - Lessons from High-Stakes Group Exits - Spilling Secrets Podcast - Employment Law This Week®

This week, on our Spilling Secrets podcast series, our panelists discuss how to navigate “group lift-outs,” in which one company hires multiple employees from another company at or about the same time: Group lift-outs are among…more

Confidential Information, Employment Contract, Employment Policies, Hiring & Firing, Intellectual Property Protection

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2025 Picks Up Steam with Increased Scrutiny of Health Care Transactions and Corporate Structures

A new year brings about new legislation. Given the recent trend of health care transactions coming under increased scrutiny at the state level, EBG has released its map summarizing states that already have laws regulating…more

Acquisitions, Health Care Providers, Healthcare, Hospitals, Mergers

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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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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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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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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

See all updates »

Employee Benefit Strategies to Aid Workers During 2025 California Wildfires

The wildfires moving through Southern California have destroyed communities and displaced countless individuals…more

401k, 403(b) Plans, California, Department of Labor (DOL), Disaster Aid

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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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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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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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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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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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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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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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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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SAMHSA Final Rule Regarding OTPs Expands Access, Increases Flexibility for Patients

On February 1, 2024, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule revising 42 CFR Part 8, which regulates opioid treatment programs (OTPs). The final rule is the first update to the…more

Drug Distribution, Final Rules, Food & Drug Regulations, Health Care Providers, Healthcare

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Employee Benefit Strategies to Aid Workers During 2025 California Wildfires

The wildfires moving through Southern California have destroyed communities and displaced countless individuals…more

401k, 403(b) Plans, California, Department of Labor (DOL), Disaster Aid

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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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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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New Paycheck Requirements Coming to Ohio in April

Beginning April 9, 2025, Ohio employers will be legally required to give employees access to their paystubs…more

Department of Labor (DOL), Employee Rights, Employer Responsibilities, Fair Labor Standards Act (FLSA), Pay Transparency

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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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The Department of Justice’s COVID-19 Enforcement Task Force 2024 Report: A Continued Commitment to Combatting COVID-19-Related Fraud

Since the pandemic, COVID-19-related fraud has been a consistent target of the Department of Justice…more

Anti-Fraud Provisions, Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ)

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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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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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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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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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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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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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Time is Money: A Quick Wage-Hour Tip on … DOL Confirms Managers Are Blocked from Tip Pool Even When Working in Non-Supervisory Capacity

Section 3(m)(2)(B) of the FLSA prohibits employers, including managers or supervisors, from keeping any portion of an employee’s tips. Accordingly, the law has been clear that a manager or supervisor cannot participate in a…more

Department of Labor (DOL), Employee Rights, Employer Liability Issues, Employer Responsibilities, Employment Policies

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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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New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay Claims and Governor Hochul Proposes Amendments to Limit Recovery of Liquidated Damages for Frequency of Pay Claims

On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law…more

Employees, Employment Litigation, Labor Law Violations, New York, NY Supreme Court

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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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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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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

See all updates »

Gender-Affirming Care Protections Eroded by Recent HHS Guidance and White House Executive Orders

On February 20, 2025, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the recission of “HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy” (the…more

Americans with Disabilities Act (ADA), Civil Rights Act, Data Privacy, Department of Health and Human Services (HHS), Executive Orders

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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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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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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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Plaintiffs in California Putative Class Action Lose Numerous Challenges to Enforcing Arbitration, Barring Unclean Hands

In Elijah Baer, et al. v. Tesla Motors, Inc., fifteen plaintiffs filed a putative class and Private Attorneys General Act (“PAGA”) representative action lawsuit against Tesla, Inc. (“Tesla”) alleging wage-hour violations of…more

Arbitration, Arbitration Agreements, California, Employment Litigation, Putative Class Actions

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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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#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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Executive Actions Impact Federally Funded Research: What Institutions Should Do Now – Diagnosing Health Care Video Podcast

From removing diversity, equity, and inclusion initiatives to suspending foreign aid and canceling federal funding, it is clear that the current administration is drastically changing the landscape of government-funded research…more

Biden Administration, Executive Orders, Federal Funding, Government Agencies, Health Care Providers

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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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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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FMCS Services Curtailed Pursuant to Executive Order

The Federal Mediation and Conciliation Service (FMCS) has begun to significantly curtail services as the agency moves to implement a March 14 Executive Order, Continuing the Reduction of the Federal Bureaucracy, that directs…more

Dispute Resolution, Employment Policies, Executive Orders, Federal Labor Laws, Government Agencies

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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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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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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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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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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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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

See all updates »

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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Gender-Affirming Care Protections Eroded by Recent HHS Guidance and White House Executive Orders

On February 20, 2025, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the recission of “HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy” (the…more

Americans with Disabilities Act (ADA), Civil Rights Act, Data Privacy, Department of Health and Human Services (HHS), Executive Orders

See all updates »

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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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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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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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

See all updates »

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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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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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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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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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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Red Pencil, Blue Pencil, or Something In Between? Ohio Court of Appeals Declines to Modify Overbroad Non-Competition Agreement

Ohio has long recognized the enforceability of non-compete agreements. Broadly speaking, a court can do one of three things with an unenforceable non-compete agreement: (1) the court can apply the “red pencil” doctrine and…more

Blue Pencil Contract Modification, Contract Terms, Employee Mobility, Employer Liability Issues, Employment Contract

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Exemptions from the Drug Supply Chain Security Act Enhanced Drug Distribution Security Requirements

On July 12, 2024, the FDA provided small dispensers—those employing 25 or fewer full-time pharmacists or pharmacy technicians—with an exemption from the Drug Supply Chain Security Act’s (“DSCSA”) enhanced drug distribution…more

Drug Distribution, DSCSA, Food & Drug Regulations, Food and Drug Administration (FDA), Life Sciences

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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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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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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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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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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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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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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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#WorkforceWednesday®: Trade Secret Litigation - Lessons from High-Stakes Group Exits - Spilling Secrets Podcast - Employment Law This Week®

This week, on our Spilling Secrets podcast series, our panelists discuss how to navigate “group lift-outs,” in which one company hires multiple employees from another company at or about the same time: Group lift-outs are among…more

Confidential Information, Employment Contract, Employment Policies, Hiring & Firing, Intellectual Property Protection

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FTC Issues RFI on Anti-Competitive Regulations

On April 14, 2025, following President Trump’s recently issued executive order addressing regulatory barriers to competition, the Federal Trade Commission (FTC) issued a Request for Public Comment Regarding Reducing…more

Anti-Competitive, Comment Period, Competition, Executive Orders, Federal Trade Commission (FTC)

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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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Time Is Money: A Quick Wage-Hour Tip on … California Meal and Rest Period Requirements, Revisited

In what many would consider to be an employer-friendly decision, more than a decade ago in Brinker Restaurant Corp. v. Superior Court, the California Supreme Court clarified many of the general requirements for meal and rest…more

California, Employees, Employer Liability Issues, Employer Responsibilities, Private Attorneys General Act (PAGA)

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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

See all updates »

NLRB Member Wilcox Reinstated Again: Board Regains a Quorum, at Least for Now

The U.S. Court of Appeals for the District of Columbia Circuit, by the full court, has ordered that the stay of National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox’s reinstatement to her seat on the Board be…more

Appeals, Constitutional Challenges, Employee Rights, Employment Litigation, Hiring & Firing

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Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast

How can legal professionals transform complex arguments into compelling visuals without losing their audience in dense text? In this episode of Speaking of Litigation, Epstein Becker Green attorneys Lauren Brophy Cooper and…more

Defense Strategies, Evidence, Litigation Strategies, Trial Attorneys, Trial Preparation

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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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Many New Laws for the Land of Many Lakes: What Minnesota Employers Need to Know

Lawmakers in the Land of 10,000 Lakes kept busy this year, enacting and amending a variety of laws affecting Minnesota employers, some of which are already in effect…more

Drug Testing, Employer Liability Issues, Misclassification, Paid Time Off (PTO), Popular

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#WorkforceWednesday: Protecting Trade Secrets with E-Discovery - Employment Law This Week® - Spilling Secrets Podcast

This week, on our Spilling Secrets podcast series, we underscore the importance of e-discovery in trade secret and restrictive covenant cases and look at how employers can use electronically stored information (ESI) to protect…more

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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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#WorkforceWednesday: Invention Ownership - Why the Tense Matters in Employee IP Provisions - Employment Law This Week® - Spilling Secrets Podcast

This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we uncover the essential steps employers should take to secure employees’ trade secrets from day one of their…more

Confidential Information, Employment Contract, Intellectual Property Protection, Inventions, IP License

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Podcast: Post-Dobbs - One Year Later - Diagnosing Health Care

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization one year ago overturned 50 years of legal precedent protecting the constitutional right to abortion in the United States, leaving the question of…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Health Care Providers, Patient Access, Pregnancy

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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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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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FTC Issues RFI on Anti-Competitive Regulations

On April 14, 2025, following President Trump’s recently issued executive order addressing regulatory barriers to competition, the Federal Trade Commission (FTC) issued a Request for Public Comment Regarding Reducing…more

Anti-Competitive, Comment Period, Competition, Executive Orders, Federal Trade Commission (FTC)

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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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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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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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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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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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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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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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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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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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CMS Finalizes Medicaid Access Rule: Significant Changes Ahead for HCBS Industry

On April 22, 2024, the Centers for Medicare & Medicaid Services (CMS) issued Ensuring Access to Medicaid Services, a final rule designed to address a range of barriers that Medicaid beneficiaries face in accessing home- and…more

Centers for Medicare & Medicaid Services (CMS), Fair Labor Standards Act (FLSA), Health Care Providers, Healthcare, Healthcare Reform

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Criminal Health Care Fraud Enforcement: Projections for 2025 and Beyond – Diagnosing Health Care Video Podcast

Since Pam Bondi was appointed U.S. Attorney General, we’ve seen notable shifts in the U.S. Department of Justice’s criminal enforcement priorities. How significant are some of these changes, and how might they affect your…more

Attorney General, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Non-Competes Eased, Anti-DEI Rule Blocked, Contractor Rule in Limbo - Employment Law This Week® - #WorkforceWednesday®

This week, we’re covering the relaxation of state-level non-compete rules, the recent block of Executive Order 14173’s diversity, equity, and inclusion (DEI)-related certification requirement, and a federal appeals court’s…more

Biden Administration, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Litigation, Executive Orders

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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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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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#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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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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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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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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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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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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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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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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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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New York State Proposes Bill to Ban Noncompetes Except for Highly Compensated Workers and in Sales of Businesses

New York State Senator Sean Ryan recently introduced Senate Bill 4641 (the “Bill”) that proposes to ban noncompete agreements for most New York employees…more

Employee Rights, Employer Responsibilities, Highly Compensated Employees, New Legislation, New York

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