Alerts

On July 20, 2015, the United States District Court for the Northern District of Illinois certified a liability-only class of Illinois plaintiffs in a nearly ten-year-old case involving allegedly defective, moldy Kenmore-manufactured Whirlpool Corporation (Whirlpool) washing machines.[1] 

Following the lead of the Illinois Supreme Court in In re Pension Reform Litigation, 2015 IL 118585, Judge Rita Novak of the Circuit Court of Cook County has ruled that an Illinois law modifying provisions of Chicago’s pension statute violated the Illinois Constitution.

The Iran Nuclear Agreement is 159 pages and there are a lot of steps and dates involved.  We asked ourselves, “what exactly happens when?” and came up with the following practical roadmap.

In an unexpected development, the Centers for Medicare and Medicaid Services recently proposed several changes that will generally add greater flexibility to Stark Law regulations in the proposed physician fee schedule for calendar year 2016, which was published on July 15, 2015.

In an unexpected development, the Centers for Medicare and Medicaid Services recently proposed several changes that will generally add greater flexibility to Stark Law regulations in the proposed physician fee schedule for calendar year 2016, which was published on July 15, 2015.

On July 7, 2015, the US Court of Appeals for the Ninth Circuit overruled a 23-year-old False Claims Act precedent, relaxing its test for deciding when a whistleblower can overcome a motion to dismiss because the allegations in the complaint were publicly disclosed. 

Earlier today, the Senate Finance Committee approved legislation which would resurrect roughly 50 expired tax incentive provisions that lapsed on December 31, 2014. 

On June 10, 2015, the U.S. Department of Health and Human Services, Office for Civil Rights, announced that it had entered into a resolution agreement with St. Elizabeth’s Medical Center, a Massachusetts hospital, to resolve potential HIPAA violations.

On July 15, 2015, the Department of Labor (the DOL) issued guidance to employers about misclassification of workers as independent contractors instead of employees.

The UN Office of the High Commissioner for Human Rights (OHCHR) is in the final stages of seeking input from business, government, and civil society on a new work program known as the Accountability and Remedy Project.

A federal judge in the Eastern District of Virginia recently upheld the Trademark Trial and Appeal Board’s (TTAB) decision to cancel six trademark registrations held by Pro Football, Inc. related to the Washington Redskins football team.

Montgomery County, Maryland became the most recent jurisdiction to sign a paid sick leave law onto the books. County Executive Isiah Leggett (D) signed Bill 60-14 into law after the County Council unanimously approved the legislation on June 23, 2015. The law takes effect on October 1, 2016.

Earlier today, the United States, China, France, Russia, UK, and Germany (the “P5+1” nations) reached a historic final agreement with Iran to limit its nuclear program in exchange for sanction relief: the Joint Comprehensive Plan of Action Agreement (JCPOA).

The US Court of Appeals for the Second Circuit recently denounced the US Department of Labor’s six factor test in favor of a new “primary beneficiary” test. Glatt v. Fox Searchlight Pictures, Inc., 2015 WL 4033018 (July 2, 2015).

Last week, the U.S. Department of Health and Human Services Office of Inspector General (OIG) announced the creation of a new litigation team focused solely on using the OIG’s authority to impose civil monetary penalties and exclude individuals and businesses from Medicare and Medicaid.

After a two-year bipartisan effort, the US House of Representatives approved the 21st Century Cures Act (H.R. 6), by an overwhelming vote of 344-77. 

On June 29, 2015, New York City Mayor Bill DeBlasio signed into law Bill 318-A, also known as the Fair Chance Act, which limits an employer’s ability to ask about an applicant’s criminal history until the applicant has been given a conditional offer of employment.

King v. Burwell understandably took the attention of the health care industry a couple of weeks ago when it upheld a key component of the ACA. A day later, the Supreme Court released another decision that may have a more significant going-forward impact on the health care industry: Obergefell.

Two important and very different decisions regarding public pensions were issued by the Supreme Court of Illinois and the Supreme Court of New Jersey. These decisions are significant not only for the workers and taxpayers in these States, but also for the owners and insurers of municipal bonds.

The United States Court of Appeals for the District of Columbia Circuit released a decision requiring the Department of Health and Human Services to reconsider a 2008 rule prohibiting certain per-click leasing arrangements under the Stark Law.

Who can make healthcare decisions for an incompetent patient when there is no person available to give consent?  

In a 3-2 decision, the National Labor Relations Board (NLRB or Board) overturned 37 years of precedent and ruled that employers may be required to turn over witness statements to unions prior to arbitration hearings.

Beginning September 1, 2015, many companies that engage in mobile advertising will be subject to a new level of scrutiny by industry watch dogs.

On June 25, 2015, the US House of Representatives passed the Trade Preferences Extension Act of 2015 (the Act includes a Generalized System of Preferences renewal provision). President Obama is expected to sign the Act into law soon.