All Perspectives

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.

Rockwell Automation, Inc. (Rockwell), a leading industrial parts manufacturer, recently sued industrial parts distributor Radwell International, Inc. (Radwell), alleging numerous violations of the Lanham Act.

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.

Arent Fox Partner Timothy Feighery spoke with CubaStandard recently for a special feature titled, “As normalization talks proceed, eyes turn towards US claims.”

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.

Arent Fox partner Jule Rousseau was quoted by The Deal in an article titled “Life settlement provider Coventry found to have breached origination agreements with AIG.”

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.

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.

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).

Health care partner Tom Jeffry was interviewed by Law360 to discuss the implications of the Ninth Circuit’s recent ruling in a False Claims Act litigation against Kinetic Concepts Inc.

The US Equal Employment Opportunity Commission held a special meeting of the Commission commemorating the 50th Anniversary of the Agency.

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).

On June 25, 2015, the FTC announced that it had taken action to stop a group of approximately 15 companies and 7 individuals from using allegedly deceptive “risk-free trial” offers to sell skincare products online.

Partner Rich Brand, leader of the Sports practice, was interviewed by CBS Radio in San Francisco to discuss the implications of a federal judge’s order to revoke the Washington Redskins trademark.

Arent Fox LLP served as counsel to Golden 1 Credit Union in the historic naming rights partnership agreement with the National Basketball Association’s Sacramento Kings.

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.

California’s Song-Beverly Credit Card Act does not prohibit retailers from collecting email addresses after a credit card transaction has been concluded, according to a recent ruling by a California appellate court.

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.