On September 14, 2020, the Department of Homeland Security (DHS) through Customs and Border Protection (CBP) issued new withhold release orders (WRO) aimed at entities involved in the importation, downstream manufacturing, and/or sale of certain apparel, cotton, hair products, and computer parts.
The Centers for Medicare and Medicaid Services (CMS) has withdrawn its proposed Medicaid Fiscal Accountability Regulation (MFAR), according to a September 14, 2020, announcement via Twitter by Administrator Seema Verma.
The White House released a new Executive Order on September 13, 2020, related to drug prices titled “Lowering Drug Prices by Putting America First” the September Order), whose stated purpose is to address reimbursement for prescription drugs under both the Medicare Part B and Medicare Part D program
Multiple members of Congress issued a letter to HHS Secretary Alex Azar on September 14, 2020, urging him to use his authority to compel pharmaceutical manufacturers to comply with the laws and regulations governing the 340B Drug Pricing Program.
The FCC’s Connected Care Pilot Program is poised to defray eligible health care providers’ costs of providing certain telehealth services. On September 3, 2020, the FCC issued additional information and guidance for potential applicants.
The amended statute will benefit some businesses in California while leaving others wishing for more exemptions and more clarity.
Brian D. Schneider, Richard A. Newman, Donald C. McLean, Michael L. Stevens, Karen Ellis Carr, Stanley H. Abramson
Since the pandemic began, associations and their members have had to manage tighter budgets and virtual gatherings. With pandemic-related litigation already blooming, as we reported in May and August, managing liability risks is critical.
It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B.
D. Jacques Smith, Randall A. Brater, Alexander S. Birkhold, Michael F. Dearington, Rebecca W. Foreman, Nadia Patel, Laura Zell
Headlines that Matter for Companies and Executives in Regulated Industries
Medical providers treating patients covered by ERISA-governed health plans on an out-of-network basis can assert state-law claims to hold plans to their payment promises without running afoul of ERISA’s preemption provision (ERISA § 514(a), 29 U.S.C. § 1144(a)).
A “neutrality agreement” is generally one in which an employer agrees neither to assist nor oppose a union organizing campaign.
Businesses across the country are facing challenges, including lawsuits, as they grapple with how COVID-19 has impacted their operations, work forces, and supply chains. The wave of litigation is rising, and it appears that no industry is immune.
Yesterday, the US Equal Employment Opportunity Commission updated its technical assistance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.
Sensors are among the most important parts of a self-driving vehicle.
On August 31, 2020, the United States Environmental Protection Agency (EPA) issued the pre-publication notice of a final rule that revises two aspects of the technology-based effluent limitations guidelines and standards (ELGs).
D. Jacques Smith, Randall A. Brater, Alexander S. Birkhold, Michael F. Dearington, Rebecca W. Foreman, Nadia Patel, Laura Zell
Headlines that Matter for Companies and Executives in Regulated Industries
In a first for the FTC, the Tate Automotive Group, with dealerships in AZ and NM, is being forced to cease business operations as part of a settlement of allegations related to falsification of consumer income.
On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions.
As online shopping picked up during the COVID-19 pandemic due to brick-and-mortar closures, so too have questions about liability for online marketplaces.
The DC Circuit recently affirmed dismissal of IMAPizza’s copyright and trademark infringement lawsuit against At Pizza, Ltd.
In a move with far reaching implications for the health care industry, the Department of Health and Human Services (HHS) recently released a proposed rule that would codify into regulation specific requirements that it and its related agencies must follow when issuing guidance to the public or regul
On August 26, the U.S. Securities and Exchange Commission (SEC) adopted significant rule changes to Regulation S-K, including changes to risk factor disclosures by public reporting entities, which will impact public companies and private investors.
On August 21, 2020, the Drug Enforcement Administration (DEA) published an interim final rule (IFR) to implement hemp-related amendments to the Federal Controlled Substances Act (CSA) that were made by the Agriculture Improvement Act of 2018 (the 2018 Farm Bill).
The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020.