On September 2-3, 2015, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) hosted the 8th Annual Safeguarding Health Information: Building Assurance through HIPAA Security conference.
Wheelchair ramps and accessible parking spaces soon may not be enough for retailers to comply with the Americans with Disabilities Act (ADA).
After surviving two challenges that resulted in U.S. Supreme Court decisions that essentially preserved the law, the Affordable Care Act will face additional judicial scrutiny as a federal district court has denied the administration’s motion to dismiss the case brought by the House last year.
Despite the setbacks in Maui last month during the last ministerial meeting of the Trans-Pacific Partnership (TPP)[1] many still believe that the negotiators will resolve all outstanding items so that an agreement can be signed by the end of 2015 and implemented in the Spring 2016.
The Health Resources and Services Administration, as administrator of the 340B Drug Pricing Program on behalf of the Department of Health and Human Services (HHS), published its proposed 340B Drug Pricing Program Omnibus Guidance on August 28, 2015.
The Federal Trade Commission (FTC) continues to pursue companies for failing to disclose material connections in endorsements.
Federal contractors and subcontracts have become the next group of employers who will have to provide paid sick leave. On Labor Day, September 7, 2015, President Barack Obama signed an Executive Order granting paid sick leave for Federal contractors and subcontractors.
On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.
Recently, the Food and Drug Administration’s (FDA) Office of Prescription Drug Promotion issued a Warning Letter to drug maker Duchesnay, Inc., after reality TV star Kim Kardashian endorsed the company’s morning sickness drug, Diclegis, on her Instagram account.
Last week, in a sharply divided opinion, the National Labor Relations Board (NLRB or Board) reconsidered the long-standing standard for a “joint-employer” finding under the National Labor Relations Act (NLRA or Act).
Earlier this summer, Los Angeles hosted the Special Olympics World Summer Games at venues throughout the city. The games featured more than 6,400 athletes from 177 countries who competed in 27 sports, including aquatics, gymnastics, track and field, basketball, football, tennis, and volleyball.
In a closely-watched fashion design case, the Sixth Circuit ruled last week that decorative designs on cheerleading uniforms are eligible for copyright protection.
David S. Greenberg co-authored an article published in Bloomberg BNA’s Medicare Report on the implications of the Centers for Medicare & Medicaid Services’ proposed revisions affecting long-term care facilities participating in Medicare and Medicaid programs.
Elliott M. Kroll, Julius A. Rousseau, III, Michael S. Cryan, James M. Westerlind, Michael P. McMahan
Purchasers and restructurers of California companies can rest a little easier after last Thursday’s landmark ruling by the California Supreme Court.
In the past five years, few topics have dominated litigation over employment agreements quite as significantly as class-action arbitration waivers.
A federal judge in the Southern District of Ohio recently issued a temporary restraining order in a dispute between the National Association for the Advancement of Colored People (NAACP) and former members of the now-inactive NAACP, Cincinnati Branch (“the Cincinnati Branch”).
On May 20, 2015 the Bureau of Industry and Security (BIS) within the Department of Commerce (Commerce) published a proposed rule that will affect exports of products dubbed “cybersecurity items.”
Jawbone and Fitbit, both billion-dollar leaders in the “wearable” technology category of fitness bands, are warming up for what may become a test of legal endurance.
On August 7, 2015, the US District Court for the Southern District of New York issued a significant decision concerning FDA’s regulation of off-label promotion of approved drugs.
On August 5, 2015, the Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion No. 15-11.
Ever since football players at Northwestern University sought union certification in January 2014, their case has been closely watched by many in both the labor and sports arenas.
The US Court of Appeals for the Third Circuit recently ruled that a suspension with pay generally does not constitute an “adverse employment action” under the substantive discrimination provision of Title VII. Jones v. Southeastern Pennsylvania Transportation Authority.
On July 22, 2015 the Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to reflect the May 29, 2015 removal of Cuba from the list of state sponsors of terrorism.
On August 3, 2015, the New York Attorney General announced settlements with five retailers who violated state law that prohibits the sales of realistic-looking toy guns. As part of the agreement, the retailers will halt sales of the violative products and pay more than $300,000 in penalties.
Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker.