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Tag: covid19
Quarles & Brady LLP | August 2022

Quarles & Brady partner Chris Nickels provided insight for an American City Business Journals article about what the latest COVID-19 guidance from the Centers for Disease Control and Prevention (CDC) means for employers ...

Although bankruptcy filings have been scarce in the couple years since COVID-19 emerged,[1] filings are expected to start ticking upward again as governmental pandemic assistance and financial leeway, such as forbearance agreements, are lifted ...

Waller | February 2022

On February 10, 2022, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,H.R. 4445. It is expected to be signed by President Biden shortly. The Act did the seemingly impossible by passing on lopsided, bipartisan votes in both the House and Senate, befitting its odd-couple Senate sponsors: Kirstin Gillibrand (D-NY) and Lindsey Graham (R-SC) ...

Waller | January 2022

Today, the Supreme Court issued decisions in the COVID mandate cases that have had employers across the country on the edge of their seats. In aper curiam6-3 decision, the Court stayed the OSHA Emergency Temporary Standard that required all employers with 100 or more employees to require COVID vaccination or weekly testing ...

Waller | January 2022

Last week, the Eleventh Circuit vacated its opinion in the disability discrimination case,Gil v. Winn-Dixie Stores, Inc., No. 17-13467-CC ...

Dykema | December 2021

Trees are ubiquitous. They are a natural part of our landscape and valued for the beauty they provide (not to mention the environmental benefits) as well as their lumber and economic value. Landowners often value their trees, but when a landowner needs to remove trees for development tensions can arise between the government’s interest in preserving and protecting the environment and the landowner’s inherent property rights ...

Dykema | December 2021

Late Friday, the United States Court of Appeals for the Sixth Circuit issued an Order and Opinion lifting the stay that previously had been entered by the United States Court of Appeals for the Fifth Circuit which had prevented the OSHA COVID-19 emergency technical standard (the “ETS”) that applied to employers with 100 or more employees from going into effect ...

Dykema | December 2021

The U.S. Department of Justice (“DOJ”) recently signaled its intent to prioritize prosecuting individuals who commit corporate environmental crimes ...

Waller | December 2021

As November drew to a close, two district courts changed the landscape for healthcare employers who were working towards the December 5 deadline to implement the CMS Interim Final Rule’s vaccination mandate. On November 29, a federal district court in Missouriissued a preliminary injunctionenjoining the Government from imposing and enforcing the CMS IFR ...

Waller | November 2021

Earlier this month, the HHS Office of Inspector General (OIG)published an advisory opinionthat permitted a pain management practice to retain the profits it received from billing for the anesthesia services that an employed CRNA provided at an ASC partially owned by the practice’s physician-owner ...

Waller | November 2021

Last week, the Eleventh Circuit vacated its most recent opinion in the debt-collection caseHunstein v. Preferred Collection & Management Services, Inc., No. 19-14434 ...

Waller | November 2021

The House narrowly passed the Build Back Better bill on Nov. 19 with a vote of 220 to 213, after an overnight delay. The $1.75 trillion social spending bill includes the ability for Medicare to negotiate drug prices, new hearing benefits for Medicare beneficiaries, and extended Affordable Care Act subsidies. The bill will still have to pass the Senate, and Senate Democrats are expected to make revisions ...

Dykema | November 2021

The Trademark Modernization Act (TMA) will have significant impacts on brand owners and might offer new tools and procedures for challenging blocking trademarks and problematic registrations for those willing to take advantage of the new law. The TMA was passed by Congress in December 2020 before the USPTO announced the final Rules for implementation on November 17, 2021 ...

Waller | November 2021

CMS approved the Alabama Medicaid Agency’s applicationfor a 1115 Demonstration on October 21, 2021. The 1115 Demonstration, in combination with a 1915(c) Home and Community-Based Services (“HCSB”) Waiver and a 1915(i) Medicaid State Plan HCBS Program, will facilitate the creation of a new Community Waiver Program (the “Program”) ...

Waller | November 2021

The Centers for Medicare and Medicaid Services (CMS) has finalized its proposal to expand the experimental Home Health Value-Based Purchasing (HHVBP) Model to all 50 states and conclusively transition Medicare home health services to outcome-driven, value-based reimbursement beginning in calendar year (CY) 2023 ...

Dykema | November 2021

The Federal Trade Commission (FTC) has made several recent announcements signaling its intention to increase antitrust merger enforcement under the leadership of Chairperson Lina Kahn, appointed by President Biden. Some relate to the Hart-Scott-Rodino (HSR) pre-merger notification requirements, which apply regardless of whether a transaction is substantively reviewed by the FTC or the Department of Justice (DOJ) ...

Dykema | November 2021

In a long-awaited policy announced in an October 28, 2021, speech at the ABA Institute on White Collar Crime, the Department of Justice has embarked on more aggressive enforcement of white collar and corporate prosecution. During the Trump Administration, such prosecutions reached historic lows, but that is about to change. Deputy Attorney General Lisa Monaco announced significant changes to DOJ policies on corporate enforcement ...

Waller | November 2021

In September, President Biden announced aggressive plans to combat the COVID-19 pandemic, taking the fight directly to the workplace and ordering mandatory vaccination or weekly testing to employers with 100 or more employees. This week, the Occupational Safety and Health Administration (OSHA) issued anEmergency Temporary Standard(ETS) regarding the COVID-19 vaccination and testing requirements for employers ...

Waller | November 2021

After convening for a special legislative session to address COVID-19 countermeasures, the Tennessee General Assembly passed sweeping legislation in the early hours of Saturday morning that limits the authority of public schools, local health departments, government entities, and private businesses to implement COVID-19 related restrictions ...

Waller | October 2021

Speaking at the keynote address at the annual ABA White Collar event in Miami this week, Lisa Monaco, the Deputy Attorney General announced major changes to how the Biden Justice Department will approach corporate crime. These announcements will undoubtedly change the way the Department of Justice investigates and prosecutes those cases, and the way in which corporations and individuals who are the subject of those investigations respond ...

Waller | October 2021

On October 14, 2021, the Massachusetts Attorney General’s Office announced a $25 million healthcare fraud settlement against a private equity firm and former executives of the firm’s portfolio company. The settlement is significant because it is the largest healthcare fraud settlement in the country to date against a private equity firm based on the firm’s oversight of its healthcare portfolio company ...

Waller | October 2021

Representation and warranty insurance (RWI) has boomed in popularity in the highly-regulated world of healthcare provider deals, and many dealmakers assume it will continue to be available as we ride the current wave of deals seeking to close by year-end 2021. That assumption may be wrong ...

Dykema | September 2021

In a move that should significantly ease traveling to the United States, the Biden Administration has announced plans to withdraw COVID-related geographic travel restrictions in early November ...

Dykema | September 2021

On Monday, September 13, 2021, the House Ways and Means Committee released several markups of proposed legislation (the “House Tax Proposals”) intended to pay for various proposed spending initiatives. Importantly, the House Tax Proposals are not entirely consistent with the “General Explanations of the Administration’s Fiscal Year 2022 Revenue Proposals” (the “Green Book”) released by the U.S ...

Dykema | September 2021

Today, the Ninth Circuit upheld California’s new law (AB 51) barring arbitration provisions in employment contracts.The U.S. Chamber of Commerce and other organizations challenged the law in federal court. The district court enjoined the law, ruling that it conflicts with the Federal Arbitration Act. A divided Ninth Circuit panel reversed. Judge Lucero, a Tenth Circuit judge sitting by designation, wrote the majority opinion (joined by Judge Fletcher). Judge Ikuta dissented ...

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