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Generative AI (GenAI) is transforming the business landscape, unlocking new possibilities for innovation, productivity, and efficiency. As with any major shift, GenAI comes with its own risks, particularly in intellectual property (IP) and legal compliance which organizations must navigate to fully...
ALERT UPDATE: The Federal Trade Commission ("FTC") published the annual revision to the Hart-Scott-Rodino ("HSR") thresholds and filing fees on January 22, 2025. See Federal Register: Revised Jurisdictional Thresholds for Section 7A of the Clayton Act . The new thresholds and filing fee schedule...
This month’s Friday Five explores recent decisions including the standard of review for ERISA benefit denials, whether structural conflict entitles a claimant to conflict-of-interest discovery, whether a “relative value units” analysis warrants equitable tolling, whether the administrative record...
December 2024 was an active month for the U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"). OCR announced (i) a $1.19 million civil monetary penalty ("CMP") against Gulf Coast Pain Consultants, LLC d/b/a Clearway Pain Solutions Institute ("GCPC"); (ii) $548,265...
President Biden has signed the Stop Campus Hazing Act (the “Act”) into law. The Act, the first federal anti-hazing law, is the result of a bi-partisan effort and comes after several years of patchwork efforts to address hazing at colleges and universities at the state level, which resulted in the...
The CTA madness continues. On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit (the "Fifth Circuit"), in the case of Texas Top Cop Shop v. Garland ("Texas Top Cop Shop"), stayed the enforcement of an injunction issued by the U.S. District Court for the Eastern District of Texas...
On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) granted the U.S. Government’s motion to stay the nationwide preliminary injunction issued by U.S. District Court for the Eastern District of Texas (“District Court”) on December 3, 2024, which temporarily halted...
This month’s Friday Five explores recent decisions including the impact of a COVID furlough on eligibility for LTD benefits, what constitutes a breach of an employer’s fiduciary duty, what defines total proof of disability or is viewed as a severe procedural violation, and the appropriate weight...
Change in Washington, D.C. looms in light of the results of the recent presidential election. Institutions of higher education are asking what they can expect in the short term from the exiting Biden administration, and how policy and regulatory changes brought in by the incoming Trump...
In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published a proposed rule (the “Proposed Rule”) that would amend its site remediation rules to codify and implement provisions of the legislation known as SRRA 2.0, which became effective on August 23, 2019. Most notably...
The U.S. Supreme Court recently heard arguments in Wisconsin Bell, Inc. v. United States ex rel. Todd Heath , Docket No. 23-1127, a case in which the Court agreed to review whether reimbursement requests submitted to the Federal Communications Commission’s (FCC) “E-Rate Program” are considered...
On October 7, 2024, the New Jersey Board of Public Utilities (the “Board”) issued a Notice of Proposed Substantial Changes to its previously proposed Community Solar Energy Program regulations (the “Proposed Changes”). The notice addresses prior comments and issues changes to the Board’s September...
On November 1, 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a $90,000 settlement with Bryan County Ambulance Authority (“BCAA”), a provider of emergency medical services in Oklahoma, concerning potential violations of the Health Insurance...
On November 7, 2024, the United States Court of Appeals for the Eleventh Circuit found, in the case of Joseph v. Board of Regents of the University System of Georgia, that Title IX does not provide an implied right of action for sex discrimination in employment. In addition to the obvious...
This month’s Friday Five discusses cases involving ERISA preemption, the methodology for calculating qualified joint and survivor annuity benefits, a dispute over an attempt to supplement the record before the Court, a factual dispute precluding summary judgment on a bad faith claim, and the payroll...