D. Jacques Smith, Stephanie Trunk, Randall A. Brater, Alexander S. Birkhold, Michael F. Dearington, Mohammed T. Farooqui, Rebecca W. Foreman, Nadia Patel, Laura Zell
Headlines that Matter for Companies and Executives in Regulated Industries
A federal court in Nebraska recently rejected a health plan’s fiduciary breach claims under the Employee Retirement Income Security Act of 1974 against third-party service providers, holding that the service providers were not ERISA fiduciaries and did not breach fiduciary duties under ERISA.
It’s a bird, it’s a plane, it’s a ….
In the underlying case, OSHA issued citations to Wynnewood Refining Co., LLC related to a steam boiler powered by natural gas at the company’s oil refinery in Wynnewood, Oklahoma.
For the last thirty years, I have defended companies in OSHA enforcement actions. No matter how large or small the action, employers should always begin by evaluating the potential financial impact the OSHA citation could have on the company.
News and analysis that matters for privacy and data security.
The US Department of Justice (DOJ) is in the midst of a comprehensive policy review regarding the use of Supplemental Environmental Projects (SEPs) in settlements of environmental enforcement actions.
On September 24, the IRS issued Revenue Procedure 2019-38, clarifying rental real estate owners’ eligibility for the highly anticipated tax break under section 199A of the Internal Revenue Code.
D. Jacques Smith, Stephanie Trunk, Randall A. Brater, Alexander S. Birkhold, Michael F. Dearington, Mohammed T. Farooqui, Rebecca W. Foreman, Nadia Patel, Laura Zell
Headlines that Matter for Companies and Executives in Regulated Industries
In a much anticipated decision, Judge Allison Burroughs of the US District Court for the District of Massachusetts held this week that Harvard College’s admission’s policy, which considers race among many factors, is lawful.
In a case that should grab the attention of franchisors across the country, a panel of the US Court of Appeals for the Ninth Circuit has ruled that McDonald’s Corporation is not the joint employer of the employees of a California Bay Area franchisee.
The US Federal Trade Commission is considering changes to the rules governing negative option offers, including automatic renewals. A “negative option” is an offer for goods or services in which a consumer’s inaction constitutes acceptance of an offer.
Late Friday, September 27, 2019, President Trump signed the Fair and Accurate Medicaid Pricing Act into law as part of the Continuing Appropriations Act.
Imagine you try to flush a wipe that is branded flushable and discover it won’t flush. You are angry enough to sue the manufacturer for damages for “consumer fraud,” but should you also be able to force the manufacturer to change the label, even though your experience means you now know the “truth”
While the California Consumer Privacy Act has impacted businesses in all sectors, one industry that has been steadily barreling toward compliance is the automotive industry.
The US District Court for the District of Columbia ruled that the Centers for Medicare & Medicaid Services (CMS) exceeded its statutory authority when it cut the Medicare payment rates for hospital services provided in the grandfathered off-campus provider-based department setting.
On September 10, 2019, CMS ssued a final rule with comment period, titled Program Integrity Enhancements to the Provider Enrollment Process (the “Final Rule”), which enhances the government’s authority to deny or revoke health care providers from participating federal health care programs.
The rise in gig economy workers in recent years has led to a steep increase in workers classified as independent contractors.
D. Jacques Smith, Stephanie Trunk, Randall A. Brater, Alexander S. Birkhold, Michael F. Dearington, Mohammed T. Farooqui, Rebecca W. Foreman, Nadia Patel, Laura Zell
Headlines that Matter for Companies and Executives in Regulated Industries
As recently as last week, the Consumer Financial Protection Bureau has continued on its campaign of federal consumer protection and enforcement decisions.
The Ninth Circuit issued a ruling in a closely-watched case between LinkedIn Corporation, the well-known professional networking site, and hiQ Labs, Inc., a data analytics company that relies on access to public LinkedIn profile data to provide HR-related analytics offerings to corporate clients.
On September 24, 2019, the Wage and Hour Division of the Department of Labor (DOL) announced a new final rule raising the salary threshold employee compensation must meet in order to qualify for exempt status under the Fair Labor Standards Act (FLSA).
Yesterday, the U.S. Department of Labor (DOL) released the final version of its anticipated overtime exemption rule, setting a new annual salary threshold for “white collar” exemptions under the Fair Labor Standards Act (FLSA) at just over $35,000 per year.
If a landlord delivers a notice to vacate to a tenant due to lease violations or the expiration of the term, the tenant is legally required to vacate the premises. However, this does not always happen.
Draft Guidance issued by the US State Department recommends that companies that export items with surveillance capabilities conduct human rights due diligence, and solicits feedback by October 4, 2019.