On August 2, 2023, the National Labor Relations Board (NLRB) defined a new standard for assessing whether work rules breach employees’ rights under Section 7 of the National Labor Relations Act (NLRA). This move may pressurize employers to fine-tune such rules to prevent infringing the act. The National Labor Relations Act, more commonly referred to…
This week’s Legaltech Week discussion welcomes Jeffrey Brandt, editor of Law Technology Digest from Pinhawk, and Doug Austin from eDiscovery Today as guest panelists. The weekly discussion, conducted live at 3 P.M ET, focuses on prominent stories from the world of legal tech and innovation. For those wanting to view the discussions live, you can…
As the legal industry continues to rapidly adapt to technological advancements, maintaining an efficient customer relationship management (CRM) system has become vitally important. While this aspect of operations may not make the headlines in most businesses, the importance of CRM to enable effective communication and coordination cannot be underestimated. One major challenge that many legal…
In what might be regarded as a significant development for the Michigan business environment, the Michigan Supreme Court passed a decision on July 31, 2023 in the case of Vectren Infrastructure Services v. Michigan Treasury. This verdict, with implications for both in-state and out-of-state businesses, ruled an out-of-state taxpayer could not diminish its tax by…
In a recent string of significant decisions and policies, both the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL) have taken steps that further pro-union initiatives. Based upon the information provided by JDSupra, these pro-union initiatives could potentially impact employers’ interaction with their workforce in the context of union representation. One…
On August 1, 2023, the Centers for Medicare & Medicaid Services (CMS) announced the fiscal year 2024 Inpatient Prospective Payment System (IPPS) final rule. This ruling represents essential adjustments to Medicare payment policies. In addition, it extends vital enhancements to quality reporting programs relevant to inpatient hospital services. This latest ruling is consistent with key…
In exploring the future of healthcare, Thomas Fox, a Compliance Evangelist, has conducted a series of podcast interviews with Dr. Ben Locwin and Scott Endicott. Throughout his five-part series, Fox has addressed diverse themes such as gene and cell therapy, proper use and misuse of statistics, the evolution of healthcare from the times of Hippocrates…
In a notable development, the U.S. Departments of the Treasury, Labor, and Health and Human Services have recently put forth anticipated proposed regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA). This regulatory proposal aims to secure parity for the accessibility of mental health or substance use disorder (MH/SUD) benefits with those of…
Debate continues to mount on whether or not closely held businesses should be open to making charitable donations or commitments, an issue confronting owners of such businesses across the globe. The question, as proposed in a recent publication by Rivkin Radler LLP, is far from rhetorical, urging business owners to thoroughly consider this query before…
Earlier this year, we reported on the establishment of California’s new Office of Health Care Affordability (OHCA). In keeping with its mission, OHCA has recently introduced proposals in the form of regulations that provide detailed insights into their authority over various transactions in the healthcare space. These regulations are available for public viewing on the…
In recent developments around the 340B Drug Discount Program, a key prescription drug initiative in the United States, 23 attorneys general (AGs) from across party lines have raised pertinent concerns and recommendations. The cohort, comprising 21 Democrats and 2 Republicans, issued a letter in response to a request for information relayed by a bipartisan group…
In recent times, a significant legal question has been making waves in legal and financial circles, focusing on the intersection of loan syndication and securities laws. At the heart of the debate is a critical question: Are syndicated term loans subject to federal and state securities laws? A decisive case currently pending in the U.S….
The recent enactment of the EU Foreign Subsidies Regulation (FSR), granting investigative powers to the European Commission on foreign subsidies with the potential to distort competition in the EU internal market, continues to have a profound effect on multinational corporations and legal practitioners around the globe. This impact is keenly felt in the transactional process,…
A Federal Circuit panel has recommended a one-year suspension for 96-year-old Judge Pauline Newman as a consequence of her refusal to cooperate with an investigation into her mental fitness. Such suspension, if enforced, would preclude her from hearing all cases within this period. Details of this development were reported by Law360 on August 4, 2023….
In an important recent development in the legal landscape of consumer debt cases, an FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) putative class action lawsuit, the U.S. District Court for the Southern District of Alabama granted summary judgment in favor of a defendant third-party debt collector. This case revolved around…
The US Department of Labor (DOL) has undertaken an investigatory initiative centered around the serious issue of “insurability” under life insurance benefits, as highlighted in a recent news release. The problem herein lies in the failure to complete the process of confirming the evidence of insurability. The evidence of insurability can be described as the…
In an intriguing turn of events in international litigation, the U.S. Supreme Court recently ruled in the case of Yegiazaryan v. Smagin (available for review here), offering a new approach for foreign plaintiffs looking to collect on arbitration awards in the U.S. By employing the Racketeer Influenced and Corrupt Organizations Act (RICO), it can indeed…
Understanding the typical commercial property claims process can be a daunting task, especially in the midst of an already stressful situation. Such circumstances often arise from a convergence of natural, human, or mechanical errors. It goes without saying that swift action is crucial not only to alleviate dangers posed to your employees and customers, but…
The recent judgement by the District Court for the Central District of California has the finance industry on high alert. The court’s decision highlights the potential legal risks for payment processors and ancillary service providers who engage with potential bad actors in the financial industry. In a recent judgment, the District Court entered a ruling…
In a move poised to enhance the safety of pipelines and underground natural gas operations nationwide, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) declared on Aug. 2, 2023, the awarding of $64.4 million in grants to the states. Details of the development were recently released by the law firm McGuireWoods…
On June 27, 2023, a significant legislative shift occurred in the realm of employment law with the effectiveness of the Pregnant Workers Fairness Act (PWFA), impacting businesses employing fifteen or more individuals. The PWFA adds a fresh layer of protection for pregnant workers that are distinctly different from, and complimentary to, the benefits offered to…
On July 26, 2023, a pivotal joint compliance note (“JCN”) was issued by the U.S. Departments of Justice, Treasury, and Commerce. The issuance of this JCN revolved around detailing the voluntary self-disclosure (“VSD”) policies concerning potential violations of U.S. sanctions regulations, export control laws, and others tied to national security. This latest development, as detailed…
As with any public sector entity, local and state government bodies are increasingly grappling with the demands of managing eDiscovery in response to Access Requests and Data Subject Access Requests (DSARs). Evidently, sizable data management challenges coincide. State and local groups generate and store copious volumes of data, spread across a myriad of departments, committees…
In a prominent copyright case, the 9th Circuit Court’s Server Test has come under question, intensifying noteworthy debates within the legal profession. The case, Alexis Hunley, et al v. Instagram, LLC, seeks to scrutinize the breadth and legitimacy of this doctrine widely established by the 9th Circuit and subsequently challenged by various courts. The Server…
The recent emergence of IFRS S1 and S2 Sustainability Disclosure Standards by the International Sustainability Standards Board (ISSB) has caused a significant shift in global sustainability discourse. ISSB, which was established by the IFRS Foundation (IFRS), launched what could be considered a worldwide baseline of disclosure standards to foster consistent and understandable notifications on risks…