Usury Argument Triumphs in Colorado Court, Challenging Litigation Funding Deals

More often than not, litigation funders manage to case aside the usury argument with their adept deal making and contract structuring. Their unique deal-making processes allow them to provide funds to law firms without tying themselves down to conventional “loans”. This often means a win-win situation for funders, given that evidence has proven that judges…

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Pennsylvania Superior Court Upholds MHPA Immunity in High-Profile Negligence Case

In a significant ruling, the Pennsylvania Superior Court has upheld a defendant’s immunity under the Mental Health Procedures Act (MHPA). The case in question, named Wunderly v. St. Luke’s Hospital et al., focuses on assertions of negligence and corporate negligence by the plaintiff. The plaintiff had filed wrongful death and survival actions against the defendants,…

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DEA and SAMHSA Extend Telemedicine Waivers of Ryan Haight Act till 2024 Amidst Pandemic

In a noteworthy move this month, the Drug Enforcement Administration (DEA), in collaboration with the Substance Abuse and Mental Health Services Administration (SAMHSA), promulgated a Second Temporary Rule. This rule continues the extension of telemedicine waivers of the Ryan Haight Act (RHA) during the ongoing COVID-19 Public Health Emergency (PHE). Initially, the rule, which enables…

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North Carolina Grapples with Growing Environmental Challenges: Legal Implications and Corporate Opportunities

The North Carolinian legal and business world has been bombarded by legal changes and initiatives in October 2023. Keeping up with the latest legal updates is crucial for legal professionals and business leaders alike, especially those dealing with environmental compliance and regulations. One of the most concerning stories emerging out of North Carolina politics lately…

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Actionable Steps for Change: ABA Equity Summit Aims to Address Diversity Crisis in Legal Profession

In recent years, this era has been marked by various symbols of unity and solidarity—pink pussy hats, black squares on Instagram, and safety pins worn on jackets. However, distinguishing genuine “awareness-raising” efforts from mere “clout chasing” and virtue signaling can be a difficult task. As we approach the ABA’s upcoming Equity Summit, the focus needs…

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New MHPAEA Guidance: Balancing Mental Health Parity and Increased Compliance Burden for Plan Sponsors

The Departments of Health and Human Services, Labor, and Treasury recently released new guidance on the Mental Health Parity and Addiction Equity Act (the “MHPAEA”). The MHPAEA was designed to ensure the same level of benefits for mental and substance use disorders as for medical and surgical care in group health plans. This latest guidance…

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Expanding Mental Health Treatment: California Redefines ‘Gravely Disabled’ in Conservatorship Rules

In a significant move, California intends to enlarge the scope of mental health treatment by redefining the term ‘gravely disabled’ under its new conservatorship rules. The decision is aimed at broadening the extant guidelines, which often leave individuals suffering from severe mental health issues outside the purview of the system designed to assist them. Under…

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Addressing The Rise of Mental Trauma in The Legal Profession: A New Era of Legal Innovation

The legal profession has long been recognized for its high-stress environment, leading to a rise in cases of mental trauma and health issues among practitioners. The persistent drive for success, coupled with long hours and demanding workloads, can cause severe psychological distress. Understanding the effects of such trauma on your mental health and how to…

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Wisconsin State Assembly Passes Bills Restricting Transgender Youth Rights and Access to Care

The Wisconsin State Assembly moved to limit transgender youth rights on Thursday, passing three bills that ban gender-affirming care for minors and restrict transgender participation in sports. To transform these propositions into governing law, they require advancement through the State Senate and subsequent approval from Governor Tony Evers. However, Governor Evers has publicly declared his…

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Navigating Massachusetts Stormwater Permitting: Responsibilities and Environmental Impact

Recent historic rainfall and flooding in Massachusetts has brought stormwater management sharply into focus, revealing it as a significant source of water pollution in the Commonwealth. This presents crucial legal responsibilities for owners and operators of commercial and industrial facilities, as well as for land developers and construction contractors. With this in mind, it’s key…

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Navigating the Youth Mental Health Crisis: How Medicaid Can Bridge the Gap

The ongoing COVID-19 pandemic has exacerbated a preexisting mental health and substance use disorder crisis among children and young adults in the United States, gripping the most vulnerable in society. Particularly fraught with difficulty are those young individuals “boarding” in emergency departments for extended periods, frequently cycling in and out of psychiatric hospitals, contemplating and…

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Congress Considers VISIONS Act, Paving Way for State-Led Psilocybin Legislation

The recent surge in psychedelic therapeutics’ acceptance has seemingly caught the eye of the U.S. Congress. On September 21, 2023, Congressmen Robert Garcia (CA-42) and Earl Blumenauer (D-OR) introduced what is known as the “Validating Independence for State Initiatives on Organic Natural Substances Act of 2023,” a title shortened to the aptly named VISIONS Act….

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Utah Lawsuit Targets TikTok Over Alleged Child Manipulation and Deceptive Business Practices

Utah has initiated a lawsuit against popular social media platform TikTok, alleging it knowingly creates an “addicting” platform detrimental to children’s mental health. The State accuses TikTok of violating the Utah Consumer Sales Practices Act (UCSPA) through three primary allegations. Firstly, the state claims that the innate nature of TikTok is addictive, crafted to manipulate…

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Promoting Mental Health at Work: Essential Strategies for Employers in the Digital Age

In the era of digital hyperconnectivity, increasing workplace pressures can really weigh heavily on employees’ mental health. As organizations worldwide grapple to strike a balance between productivity and the employees’ sense of wellbeing, mental health in the workplace has become a crucial topic of conversation. Especially poignant considering the World Health Organization has designated October…

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Portuguese Legal Professionals Struggle with Anxiety, Highlighting Global Mental Health Concerns

In an acknowledgement of World Mental Health Day, a striking revelation was made about Portuguese legal professionals: almost half reportedly suffer from anxiety issues. This sheds light on the mounting mental health challenges confronted by the legal community globally. This information is drawn from a recent article that featured Isabel Gameiro, a senior lawyer at…

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Digital Health Sector Braces for Consolidation as Market Growth Surges Amid Pandemic

The exponential growth and proliferation of entrants in the digital health industry over the course of the Covid-19 pandemic have naturally opened the door for consolidation and roll-ups, according to insights from a recent panel discussion at Engage at HLTH in Las Vegas. Anuradkhika A., Systems Vice President of Strategic Partnerships and Innovation at CommonSpirit…

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Mental Health Challenges Prevalent for Portuguese Legal Professionals: Addressing Workplace Anxiety and Burnout

As the world observes Mental Health Day, new research has emerged showing that one in four Portuguese legal professionals suffer from anxiety. Isabel Gameiro, a senior lawyer at Morais Leitão, has recently shared her own personal struggle with mental health, more specifically, coping with burn-out. Gameiro describes a battle with mental health that has ultimately…

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DEA and SAMHSA Extend Telemedicine Prescription Flexibilities Until 2024

In a recent development, the United States Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) have once again extended flexibilities allowing for the prescription of controlled substances through telemedicine without the necessity for an initial in-person visit. Initially provided as a response to the ongoing COVID-19 public health emergency…

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