California OHCA Draft Regulations Targeting Health Facility Transactions to Improve Affordability

In a recent development, the California Office of Health Care Affordability (OHCA) introduced draft regulations earlier this year. A significant focal point of these regulations is on the advance reporting of particular healthcare transactions. This is in response to concerns surrounding the potential impact on the cost of healthcare and the overall market health within…

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Republican Opposition Challenges DOE’s Proposed Energy Efficiency Standards for Consumer Boilers

The recently proposed energy efficiency standards by the U.S. Department of Energy (DOE) have met with formidable opposition from various Republicans who claim that the standards will lead to significant challenges. As reported by Jdsupra, a group of 21 Republican Attorneys General (AGs) authored and publicized a critique of the proposed standards for the Energy…

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Examining the Chevron Doctrine’s Pivotal Role in the Energy Industry’s Regulatory Landscape

In wake of this month’s spotlight on the energy sector, it’s important to revisit some enduring principles that continue to shape government-industry relations. One such principle is the Chevron Doctrine. The Chevron Doctrine, often referred to as “Chevron deference,” goes back four decades and is rooted in a precedent set by the Supreme Court. Critics…

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Supreme Court Temporarily Upholds ‘Ghost Gun’ Regulations Amid Public Safety Concerns

In another noteworthy decision, the Supreme Court has yet again, on a temporary basis, given the nod to enforce regulations on ‘ghost guns’. These usually untraceable firearms have created both legal challenges and public safety concerns across the nation. For those unacquainted, ‘ghost guns’ are firearms that are assembled at home, often from parts bought…

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Jersey City Mayor Advocates Exemptions from Marijuana Law for Specific Professions

In a recent development, the mayor of Jersey City expressed his desire to establish certain exemptions from a New Jersey law that permits employees to use legal marijuana outside their working hours. This proposed amendment is targeted towards specific professions, although further details are not immediately available. The proposal is another instance in the ongoing…

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Newman Suspension Exposes Pressing Need for Judicial Reform in American Legal System

The recent suspension of U.S. Circuit Judge Pauline Newman, following her alleged refusal to participate in a disability inquiry, has ignited a crucial conversation about the need for judicial reform. Judicial accountability, or the apparent lack thereof, is drifting into the spotlight among legal professionals. Typically, judges face little consequence for perceived misconduct; such investigations…

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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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Eleventh Circuit Court Upholds Arbitration Agreement, Impacts Future Employment Dispute Resolutions

A challenging legal case in the Eleventh Circuit Court has brought arbitration agreements and unconscionability under the spotlight once more. The recent decision in Payne v. Savannah College of Art and Design Inc. saw the Eleventh Circuit Court of Appeals affirm a district court order that denied a motion to compel arbitration of plaintiff Isaac…

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DOJ’s New Incentive Framework: M&A Transparency and Reduced Penalties for Self-Disclosing Misconduct

The colliding worlds of Mergers and Acquisitions (M&A) and corporate compliance have entered a new era. The U.S. Department of Justice (DOJ) is offering greater leniency to companies that voluntarily self-disclose misconduct identified within a company being acquired. Until recently, the general counsel and M&A advisors prudently treated compliance with a careful degree of caution….

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California Enacts Groundbreaking Climate Legislation: Mandating GHG Emissions Disclosure and Assessing Financial Risks

In a significant move addressing climate change, California has recently enacted two far-reaching and unprecedented laws. These new regulations will mandate almost all large-scale enterprises, irrespective of their business sector, to unveil both their direct and indirect greenhouse gas (GHG) emissions (S.B. 253), and the potential financial risks they face due to climate change (S.B….

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OIG Advisory Opinion Expands Employee Compensation Flexibility Under Anti-Kickback Statute

In a significant recent development, the Department of Health and Human Services Office of the Inspector General (“OIG”) disclosed its Advisory Opinion No. 23-07, confirming the extensive protection available for employees’ compensation under the federal Anti-Kickback Statute’s (the “AKS”) bona fide employee exception and safe harbor provisions. This advisory opinion can be accessed at the…

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Senate Confirms Karla Gilbride as EEOC General Counsel, Addressing AI Biases and Workplace Equity

The US Senate has confirmed Karla Gilbride as the Equal Employment Opportunity Commission’s (EEOC) new general counsel, a position that had been vacant for over two years. A civil rights litigator, Gilbride was approved on a 50-46 vote last Tuesday. As the EEOC’s general counsel, Gilbride will spearhead the agency’s litigation efforts, representing workers alleging…

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Unlocking Hidden Treasures: Incentives for USMCA Manufacturers in EV and Clean Energy Industries

Under the U.S. Government’s push to expedite the production of electric vehicles in the country, other parallel movements are also gaining momentum, such as the rapid development of an extensive electric vehicle charging network, electric battery manufacturing, clean energy and semiconductor chips production. These burgeoning industries necessitate an extensive gamut of suppliers, part manufacturers and…

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Navigating Compliance Issues in Health Care Transactions: Key Insights for Legal Professionals

As more corporations and law firms navigate the ever-evolving health care sector, understanding how compliance issues impact transactions becomes essential. In a recent discussion, top legal professionals unpacked this intricate correlation, presenting valuable insights for legal professionals globally. In this podcast episode hosted by Foley’s Health Care Practice Group, partner Jana Kolarik engaged in an…

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