Alerts

On November 18, 2022, Luxembourg became the seventh country to announce plans to withdraw from the Energy Charter Treaty (ECT), following in the footsteps of Poland, Spain, the Netherlands, France, Slovenia, and Germany.

On December 1, 2022, several important amendments to the Federal Rules of Bankruptcy Procedure (Rules) became permanent and will govern the procedures employed in cases filed under Subchapter V of Title 11 of the US Code (Bankruptcy Code).

While neutral rounding policies have historically been approved by California courts, the Sixth District California Court of Appeal recently held that employers who utilize timekeeping systems that can capture each minute worked by employees must fully compensate those employees for all time worked.

Headlines that Matter for Companies and Executives in Regulated Industries

In late September 2022, health care providers in Texas sued the Departments of Treasury, Labor, and Health and Human Services (collectively, the Departments) over a recently issued final rule implementing the federal No Surprises Act (the NSA).

On November 29, 2022, the Internal Revenue Service (IRS) and the Treasury issued a Notice of Initial Guidance (the Notice), which provides the first round of guidance with respect to the prevailing wage requirements and apprenticeship requirements introduced in the Inflation Reduction Act (the IRA).

The Centers for Medicare & Medicaid Services (CMS) has issued its annual final rules related to both the Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems for calendar year 2023 (the HOPPS Final Rule) and the Physician Fee Schedule Final Rule (the PFS Final Rule)

In today’s competitive employment market, employee resignations are reaching near record-highs. Whether a separation is voluntary or involuntary, employee terminations often happen quickly and involve many moving parts. To protect the company and enhance enforceability.

As discussed in a blog post last year, Uber learned the hard way that with online agreements, it can take more than a simple provision stating “all disputes must be arbitrated” to ensure that your customers cannot sue you in a court of law.

On November 18, 2022, a collection of organizations and providers that oppose abortion filed suit against the US Food and Drug Administration (FDA) and the US Department of Health and Human Services (HHS), seeking — among other things — a permanent injunction.

On November 16, 2022, the US House of Representatives passed the Speak Out Act, after the US Senate unanimously passed the Act in September 2022. The Act will head next to President Biden’s desk, where he is expected to sign it into law.

On November 18, 2022, the European Commission announced the conclusion of negotiations between the European Union (EU) and the Republic of Angola on a Sustainable Investment Facilitation Agreement (SIFA). 

Most violations of the Health Information Portability and Accountability Act (HIPAA) are addressed through administrative enforcement action.

The Freedom of Information Act (FOIA) was passed to help citizens stay informed about government activities.

The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver touching permitting, rulemaking, and civil-rights investigations.

On October 14th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published its Annual Report for Fiscal Year (FY) 2022 covering the period from 1 July 2021 to 30 June 2022, including statistics on cases administered by the Centre during that period. 

The 2022 midterms have concluded, but the Republican underperformance is not expected to dampen Congressional enthusiasm for Pharmacy Benefit Manager (PBM) reform. The issue remains at the forefront of the healthcare pricing debate.

US Customs and Border Protection (CBP) recently implemented mandatory forced labor requirements to participate in the Customs Trade Partnership Against Terrorism (CTPAT) and CTPAT Trade Compliance programs.

The US Department of the Treasury and the Internal Revenue Service issued its most recent Priority Guidance Plan Joint Statement (the Plan) on November 4, 2022. The Plan details more than 200 priorities for the 12-month period beginning July 1, 2022, and ending June 30, 2023 (the plan year). 

Earlier this month, the US District Court for the Western District of Washington certified a class of individuals who were denied gender-affirming care by a third-party administrator, Blue Cross Blue Shield of Illinois (BCBSIL).

Headlines that Matter for Companies and Executives in Regulated Industries

Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium payments under the Bankruptcy Code.

The US Supreme Court will hear oral arguments on November 28, 2022, on whether lobbyists should be held to the same ethical standards as public officials.

Prop 65 Counsel: What To Know

On November 10, 2022, the US Court of Appeals for the Second Circuit directed the US Bankruptcy Court for the District of Connecticut to order a refund of fees paid by a chapter 11 debtor to the Office of the US Trustee (UST).[1]