On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act (HIPAA).
Michael K. Molzberger, Linda M. Jackson, Matthew F. Prewitt, Alexandra M. Romero, Lauren C. Schaefer
On August 20, the US District Court for the Northern District of Texas held that the Federal Trade Commission’s (FTC) final rule banning noncompetes is unlawful and “set aside” the rule.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Apeksha Vora
Headlines that Matter for Companies and Executives in Regulated Industries
Angela M. Santos, Diana Dimitriuc Quaia, Nancy A. Noonan, Matthew Nolan, Sylvia G. Costelloe, James Kim*, Lucas A. Rock, William G. Stroupe II, Mario A. Torrico, Jodi Tai, Kelsey Griswold-Berger*
Welcome to the August 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month.
Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, M.H. Joshua Chiu, Elizabeth Satarov
Headlines that Matter for Companies and Executives in Regulated Industries
Chanel recently opposed Simb DOO’s “5” mark, which Simb applied to register for use with cosmetics in the European Union.
Aphrodite Kokolis, Caroline Turner English, Alison Lima Andersen, David S. Greenberg, Molly L. Wiltshire, Jack R. Bierig
On August 2, health care providers scored yet another significant victory when the US Court of Appeals for the Fifth Circuit affirmed the vacatur of various federal regulations regarding the arbitration procedures used to resolve billing disputes between providers and insurers.
In the evolving landscape of family offices, the integration of artificial intelligence (AI) presents both opportunities and challenges, particularly in terms of fiduciary responsibility and client services.
On July 29, the Directorate of Defense Trade Controls (DDTC) of the US Department of State proposed a new definition of the term “defense service.”
It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos, these sites can also be used to harass, threaten, and harm employees.
Often motivated by the lack of federal engagement on environmental issues, various states have evaluated adding “Green Amendments” to their state constitutions. The practical impact of these amendments will be borne out as they are used and challenged in state courts.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Mattie Bowden, Shoshana Golden
Headlines that Matter for Companies and Executives in Regulated Industries
On July 29, the US government proposed big changes to rules about supporting or exporting to foreign military, intelligence, and security entities.
On July 19, the US District Court for the Northern District of Texas denied a motion to dismiss Blue Cross Blue Shield of Texas (BCBSTX), which claimed sovereign immunity in a suit brought by a group of providers.
As a ready reference for real estate industry professionals utilizing title insurance, below is a comparison and limited analysis of certain aspects of the annual financial statements of a cross section of active title insurance companies.
This article discusses the S corporation rules, several common S corporation traps for the unwary, how to prevent a violation of a rule, and how to rectify an inadvertent termination of S corporation status.
Earlier this year, the US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, adopted a more restrictive test for evaluating requests for injunctive relief under Section 10(j) of the National Labor Relations Act in order to maintain the status quo during the pendency of unfair labor practice (ULP) proceedings before the National Labor Relations Board (NLRB).
Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law
As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies.
After a year marked by student protests on university campuses nationwide, including encampments and commencement ceremony walk-outs, universities are scrambling to prepare for students’ return to campus the upcoming Fall Semester.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, M.H. Joshua Chiu, Rebekkah R.N. Stoeckler
Welcome to the Summer 2024 issue of “FCA Enforcement & Compliance Digest,” our quarterly newsletter in which we compile essential updates on False Claims Act (FCA) enforcement trends, litigation, agency guidance, and compliance tips.
In a recent opinion, Smith et al. v. UnitedHealth Group Inc. et al., the US Court of Appeals for the Eighth Circuit affirmed the dismissal of an Employee Retirement Income Security Act (ERISA) class action suit brought by health plan participants.
On July 24, the Massachusetts Legislature passed legislation that will impact many Massachusetts employers in terms of their “pay transparency practices” for current employees and future applicants.
Previously, we discussed how the US Supreme Court’s opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce could create opportunities for private litigants to challenge health care-related agency actions.
Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is named, instructed courts to defer to an implementing agency’s reasonable interpretation of statutes under its purview. Chevron mandated a two-step process when interpreting such statutes.