Alerts

Comments sought regarding the permissibility of messages relating to Medicaid and other health coverage programs.

The FCC is seeking comment on a request for clarification submitted by the Department of Health and Human Services related to TCPA compliance for certain healthcare messages.

The US Department of Justice (DOJ) released its long-awaited Environmental justice (EJ) enforcement strategy today, a priority for the Biden Administration.

Headlines that Matter for Companies and Executives in Regulated Industries

The US Department of Health and Human Services Office of Inspector General (OIG) recently published a favorable determination, Advisory Opinion 22-06, on behalf of a biopharmaceutical company (the Requestor) regarding the Requestor’s provision of free genetic testing and counseling.

This week, in a memorandum addressed to all Regional Directors, Officers-in-Charge, and Resident Officers, the Board’s Office of the General Counsel announced a new protocol designed to advance immigrant worker protections to freely exercise their NLRA rights and safely participate.

The US Trade Representative (USTR) has issued a Federal Register notice to initiate the first step of a statutory review process to determine whether China tariffs issued pursuant to Section 301 of the Trade Act of 1974 should be continued beyond the 4-year mark since their implementation.

Five Questions, Five Answers

Jane Cummings is blind and deaf, and she chiefly communicates using American Sign Language. When Cummings sought physical therapy from Premier Rehab Keller, P.L.L.C., she asked it to provide an American Sign Language interpreter at her appointments.

The metaverse is an emerging, digital environment that will allow users to do almost everything they do in real life, e.g., run businesses, buy real estate, enter into contracts, and socialize, albeit in a virtual setting. It is often described as the next, natural iteration of the current internet.

Directors owe fiduciary duties to the company. To make informed decisions and satisfy those fiduciary duties, directors generally have broad access to the company’s books and records, with a few exceptions.

Massachusetts General Laws Chapter 93A is one of the most potent weapons in any business litigator’s arsenal. That statute prohibits deceptive or unfair acts or practices in the course of trade or commerce, and it allows for the recovery of attorneys’ fees and even multiple damages (when the malevolent conduct is knowing or willful).

What do comedian Kevin Hart, model Kendall Jenner, rapper Snoop Dogg, actor Dwayne “The Rock” Johnson, and CNBC’s “Mad Money” host Jim Cramer have in common? They all have inked deals recently to promote alcohol beverage products. More celebrity collaborations are being announced nearly every week.

In the six months since Facebook, Inc. rebranded to Meta Platforms, Inc., the idea of the “metaverse” has catapulted from a little-known science fiction fantasy to the forefront of popular culture. This year, digital real estate sales in the metaverse are expected to double and reach $1 Billion.[1]

In Scheer v. Regents of the University of California, the Second District Court of Appeal held that the McDonnell-Douglas burden-shifting framework applies to claims asserted pursuant to Health & Safety Code Section 1278.5.

On his first day in office, President Biden took the unprecedented step of terminating NLRB General Counsel Peter Robb, without cause and before his statutory term expired. Biden named Peter Sung Ohr as Acting General Counsel.

Constituents, regulators, and observers of corporate governance are increasingly focused on the “effectiveness” of board performance: the extent to which its existing governance practices and orientation are consistent with (or exceed) industry standards and recognized principles.

The Department of Energy (DOE) has adopted two new rules for commonly-used light bulbs which are intended to phase out most incandescent bulbs in favor of LED lightbulbs, which use less energy and last significantly longer.

Headlines that Matter for Companies and Executives in Regulated Industries

On April 14, a jury in the Eastern District of Texas handed the U.S. Department of Justice its first loss in prosecuting an alleged wage-fixing crime and the first verdict ever in a criminal prosecution of wage-fixing under Section 1 of the Sherman Act.

The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars buying digital real estate and investing in platforms to be market leaders. Alcohol beverage brands are also leading the charge in forays into the metaverse.

The New York City Council approved a bill requiring employers with four or more employees to include, in internal and external job postings, the minimum and maximum salary offered for any position within New York City. The requirement also applies to promotions and internal transfer positions.

Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. When disagreements and disputes over rights and responsibilities arise, individual emotions and personalities can complicate matters.

On April 14, 2022, the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, ruled that the federal Fair Labor Standards Act (FLSA) preempts state remedies under the Massachusetts Wage Act where the employees’ overtime claim arose solely under the FLSA.

Amidst the ongoing labor market shortages and disruptions from the COVID-19 pandemic, the well-being of physicians and other front-line healthcare providers has become a topic of much attention.

On April 21, 2022, the Supreme Judicial Court determined that various losses incurred by businesses from the COVID pandemic were not a “direct that various losses incurred by businesses that stemmed from the COVID-19 pandemic were not a “direct physical loss of or damage to” their properties.