The United States Court of Appeals for the Eleventh Circuit recently vacated a decision by a lower court holding that student registered nurse anesthetists at Wolford College were not employees under the Fair Labor Standards Act.
Clients often ask whether—and, if so, when—they must use the ® and ™ symbols, or other forms of attribution, when using another company’s trademarks.
New York insurer Excellus BlueCross BlueShield became the most recent health care company to announce it was the victim of a sophisticated cyberattack after hackers gained access to the Social Security numbers, mailing addresses, and financial information of as many as 10 million customers.
Businesses must constantly adapt to technological advancements in order to remain competitive in a fast-paced digital economy. Consider, for example, the music or computer industry—a company founded in 1980 will be offering very different products and services today than it did at its inception.
The US Department of Health and Human Services, Office for Civil Rights announced a new settlement for $750,000 with Cancer Care Group, P.C. to resolve potential violations of the HIPAA Privacy and Security Rules identified as the result of the theft of a laptop and backup media.
On September 2-3, 2015, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) hosted the 8th Annual Safeguarding Health Information: Building Assurance through HIPAA Security conference.
Wheelchair ramps and accessible parking spaces soon may not be enough for retailers to comply with the Americans with Disabilities Act (ADA).
After surviving two challenges that resulted in U.S. Supreme Court decisions that essentially preserved the law, the Affordable Care Act will face additional judicial scrutiny as a federal district court has denied the administration’s motion to dismiss the case brought by the House last year.
Despite the setbacks in Maui last month during the last ministerial meeting of the Trans-Pacific Partnership (TPP)[1] many still believe that the negotiators will resolve all outstanding items so that an agreement can be signed by the end of 2015 and implemented in the Spring 2016.
The Health Resources and Services Administration, as administrator of the 340B Drug Pricing Program on behalf of the Department of Health and Human Services (HHS), published its proposed 340B Drug Pricing Program Omnibus Guidance on August 28, 2015.
Federal contractors and subcontracts have become the next group of employers who will have to provide paid sick leave. On Labor Day, September 7, 2015, President Barack Obama signed an Executive Order granting paid sick leave for Federal contractors and subcontractors.
The Federal Trade Commission (FTC) continues to pursue companies for failing to disclose material connections in endorsements.
On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.
Recently, the Food and Drug Administration’s (FDA) Office of Prescription Drug Promotion issued a Warning Letter to drug maker Duchesnay, Inc., after reality TV star Kim Kardashian endorsed the company’s morning sickness drug, Diclegis, on her Instagram account.
Last week, in a sharply divided opinion, the National Labor Relations Board (NLRB or Board) reconsidered the long-standing standard for a “joint-employer” finding under the National Labor Relations Act (NLRA or Act).
Earlier this summer, Los Angeles hosted the Special Olympics World Summer Games at venues throughout the city. The games featured more than 6,400 athletes from 177 countries who competed in 27 sports, including aquatics, gymnastics, track and field, basketball, football, tennis, and volleyball.
In a closely-watched fashion design case, the Sixth Circuit ruled last week that decorative designs on cheerleading uniforms are eligible for copyright protection.
David S. Greenberg co-authored an article published in Bloomberg BNA’s Medicare Report on the implications of the Centers for Medicare & Medicaid Services’ proposed revisions affecting long-term care facilities participating in Medicare and Medicaid programs.
Elliott M. Kroll, Julius A. Rousseau, III, Michael S. Cryan, James M. Westerlind, Michael P. McMahan
Purchasers and restructurers of California companies can rest a little easier after last Thursday’s landmark ruling by the California Supreme Court.
In the past five years, few topics have dominated litigation over employment agreements quite as significantly as class-action arbitration waivers.
A federal judge in the Southern District of Ohio recently issued a temporary restraining order in a dispute between the National Association for the Advancement of Colored People (NAACP) and former members of the now-inactive NAACP, Cincinnati Branch (“the Cincinnati Branch”).
On May 20, 2015 the Bureau of Industry and Security (BIS) within the Department of Commerce (Commerce) published a proposed rule that will affect exports of products dubbed “cybersecurity items.”
Jawbone and Fitbit, both billion-dollar leaders in the “wearable” technology category of fitness bands, are warming up for what may become a test of legal endurance.
On August 7, 2015, the US District Court for the Southern District of New York issued a significant decision concerning FDA’s regulation of off-label promotion of approved drugs.
On August 5, 2015, the Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion No. 15-11.