On November 16, 2022, the US House of Representatives passed the Speak Out Act, after the US Senate unanimously passed the Act in September 2022. The Act will head next to President Biden’s desk, where he is expected to sign it into law.
Most violations of the Health Information Portability and Accountability Act (HIPAA) are addressed through administrative enforcement action.
On November 18, 2022, the European Commission announced the conclusion of negotiations between the European Union (EU) and the Republic of Angola on a Sustainable Investment Facilitation Agreement (SIFA).
The Freedom of Information Act (FOIA) was passed to help citizens stay informed about government activities.
The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver touching permitting, rulemaking, and civil-rights investigations.
New CTPAT and CTPAT Trade Compliance Forced Labor Requirements … in Exchange for Tangible Forced Labor Benefits
US Customs and Border Protection (CBP) recently implemented mandatory forced labor requirements to participate in the Customs Trade Partnership Against Terrorism (CTPAT) and CTPAT Trade Compliance programs.
The 2022 midterms have concluded, but the Republican underperformance is not expected to dampen Congressional enthusiasm for Pharmacy Benefit Manager (PBM) reform. The issue remains at the forefront of the healthcare pricing debate.
On October 14th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published its Annual Report for Fiscal Year (FY) 2022 covering the period from 1 July 2021 to 30 June 2022, including statistics on cases administered by the Centre during that period.
Federal District Court Certifies Transgender Discrimination Class Action Against Third-Party Administrator Under the Affordable Care Act
Earlier this month, the US District Court for the Western District of Washington certified a class of individuals who were denied gender-affirming care by a third-party administrator, Blue Cross Blue Shield of Illinois (BCBSIL).
The US Department of the Treasury and the Internal Revenue Service issued its most recent Priority Guidance Plan Joint Statement (the Plan) on November 4, 2022. The Plan details more than 200 priorities for the 12-month period beginning July 1, 2022, and ending June 30, 2023 (the plan year).
It's Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy Court Decisions Widen Rifts on Make-Whole Premiums and Postpetition Interest
Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium payments under the Bankruptcy Code.
The US Supreme Court will hear oral arguments on November 28, 2022, on whether lobbyists should be held to the same ethical standards as public officials.
On November 10, 2022, the US Court of Appeals for the Second Circuit directed the US Bankruptcy Court for the District of Connecticut to order a refund of fees paid by a chapter 11 debtor to the Office of the US Trustee (UST).
Whether you represent a doctor or a hospital and its medical staff, simultaneous retaliation lawsuits and administrative peer review hearings present special challenges.
A new federal program that will provide up to $8 billion to the clean hydrogen industry reached its first milestone last week, with at least a dozen groups applying to be selected as “regional clean hydrogen hubs.”
NLRB General Counsel Seeks Limits On Employer Electronic Surveillance and Automated Management Practices
On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated management practices.
Securing environmental permits is often big part of operating a business. How the U.S. Environmental Protection Agency's recent focus on environmental justice issues might affect that permitting remains something of an open question.
You Never Give Me Your Money: Voters Approve Tax Hikes in Massachusetts and Colorado on Election Day
On November 8, 2022, voters in several states considered whether to approve state income tax changes. Specifically, voters in Massachusetts voted to impose a 4 percent personal income surtax on income above $1 million; voters in Colorado voted to further limit federal itemized deduction amounts.
“Administrative deference” is a key component to the modern regulatory state. The “Chevron doctrine,” i.e., the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked to administer, has been viewed as a key underpinning.
The Biden Administration is using a comprehensive set of tools to stick closely to campaign promises around — and the public demand for — climate action.