Enacted last year, the Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) began accepting PWFA charges on that date.
In PML Development, LLC v. Village of Hawthorn Woods, 2023 IL 128770 (Ill. 2023), the Illinois Supreme Court expressly adopted the partial breach doctrine.
A DC Circuit decision related to the US Environmental Protection Agency’ (EPA) hydroflurocarbons (HFC) phase out illustrates that federal regulations face significant scrutiny when reviewed in court even where the regulations have a textual hook and are largely consistent with prior agency practice.
New York, a state with a GDP larger than most sovereign nations, is on the brink of a significant change to its employment landscape. It may soon join the four other states that have banned employee noncompete agreements.
In November of 2022, we predicted a fertile post-election congressional landscape for Pharmacy Benefit Manager (PBM) practice reform.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Shoshana Golden, Mohammed T. Farooqui
Headlines that Matter for Companies and Executives in Regulated Industries
On June 16, 2023, in United States, ex rel. Polansky v. Executive Health Resources, Inc., the US Supreme Court addressed the government’s authority to dismiss a qui tam False Claims Act (FCA) suit over a relator’s objection when the government initially declines to intervene in the litigation.
The pendulum has swung again in the National Labor Relations Board’s (NLRB) continued effort to distinguish employees from independent contractors.
A group of Delta Air Lines’ customers filed a class action suit alleging that the airline’s marketing claims of carbon neutrality are false and misleading. While this may be the first greenwashing case filed against a major airline, it is not the first carbon-focused greenwashing action.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Apeksha Vora, Shoshana Golden
Headlines that Matter for Companies and Executives in Regulated Industries
In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss.
On May 15, 2023, Florida Governor Ron DeSantis signed legislation that impedes Diversity, Equity, and Inclusion (DEI) programs at public higher education institutions throughout the state.
The US Environmental Protection Agency defines "environmental justice" as "the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and polici
On June 9, 2023, US House Ways and Means Committee Chairman Jason Smith introduced the American Families and Jobs Act, which would have major implications for several provisions of the Tax Cuts and Jobs Act of 2017 (TCJA) and the Inflation Reduction Act of 2022 (IRA).
Earlier this year, the Federal Trade Commission (FTC) proposed a rule that would, with limited exceptions, bar employers from using employee noncompete agreements and require rescission of existing noncompete agreements.
Last week — in separate actions over the course of 48 hours — the US Securities and Exchange Commission (SEC) filed lawsuits against crypto asset platform operators Binance (including related entities and founder Changpeng Zhao), and Coinbase (including its parent company).
Prop 65 Counsel: What To Know
For better or worse, generative Artificial Intelligence (AI) is already transforming the way we live and work.
The recently passed Consolidated Appropriations Act (CAA) of 2023 includes a new Stark Law exception and Anti-Kickback Statute (AKS) safe harbor, allowing hospitals and other health care entities to offer their physicians programs to improve mental health and resiliency.
NS Brands Ltd. (NatureSweet) recently filed its third lawsuit against Mastronardi Product Ltd. and Mastronardi Product USA Inc. (Angel Sweet) in just over 10 years, alleging unfair competition and trademark and trade dress infringement of its CHERUBS tomatoes packaging under federal and state law.
D. Jacques Smith, Randall A. Brater, Nadia Patel, Michael F. Dearington, Morgan R. Pankow, Apeksha Vora
Headlines that Matter for Companies and Executives in Regulated Industries
In the United States, the principle of data minimization is embedded firmly within the Federal Trade Commission (FTC) Act, through FTC enforcement activities, and in the host of state-level privacy laws and rules that have proliferated in recent years.
On May 26, 2023, the Centers for Medicare & Medicaid Services (CMS) released a Proposed Rule titled: “Medicaid Program: Misclassification of Drugs, Program Administration and Program Integrity Updates Under the Medicaid Drug Rebate Program.”
“Portability,” the concept of being able to leave one’s unused applicable exclusion amount to his or her surviving spouse, has increased the options in planning to enable married couples to reduce estate taxes.