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340B hospitals file suit in wake of hospital outpatient cuts

On November 13, 2017, a group of hospital trade associations (the American Hospital Association, the Association of American Medical Colleges, and America’s Essential Hospitals), along with two health system providers, filed suit against the Department of Health and Human Services ...

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Non-compete legislation update: Why choices of law and forum are a big deal

On October 31, 2017, the Joint Committee on Workforce and Development once again held a hearing to discuss the possibility of legislative changes to Massachusetts non-competition and trade secrets laws. There were several bills up for discussion. One significant provision ...

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What employers need to know about employment-based green card interviews

Based on President Trump’s Executive Order 13780, “Protecting the Nation from Foreign Terrorist Entry Into the United States,” USCIS has implemented a new policy to interview all employment-based adjustment of status applicants where the application was filed after March 6, ...

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Workers’ compensation ruling given preclusive effect in discrimination lawsuit

Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in workers’ compensation proceedings. The Facts Three Laotian correctional officers—Va ...

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DOE issues new title IX interim guidance

On September 22, 2017, the Department of Education (“DOE”) issued new interim guidance for Title IX, formally withdrew prior guidance documents, including the April 4, 2011 Dear Colleague Letter and the Questions and Answers on Title IX Sexual Violence dated April 29, 2014, and announced its intention to ...

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Dismissal of case against UPenn good news for 403(b) plan sponsors

Colleges and universities have finally received some encouraging news in the recent spate of class action suits against higher education 403(b) plans.  Last week a federal judge dismissed all claims against the University of Pennsylvania, marking the first time that ...

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Filed v. furnished, what’s the difference?

When disclosing information in a filing with the SEC, it is important to know whether such disclosure and any related exhibits should be “filed” or “furnished”. To non-lawyers, this may seem like semantics or another technical difference among lawyers, but ...

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PODCAST: The Equifax breach: How bad is it, and how should you respond?

Given that 143 million Americans were reportedly affected, odds are good that you or at least someone you know was impacted by the data breach of the credit reporting agency Equifax, which was reported several weeks after the company learned about it. ...

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Object lesson on how not to respond to consent and enforcement actions

In late-August, the DFS announced an enforcement action and charges against the NY Branch of Habib Bank, a Pakistani bank that had been doing business in NY for almost 40 years. Summary of the Facts The Branch had been operating ...

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EEOC’s collection of pay data delayed

On Tuesday, August 29, 2017, the White House Office of Management and Budget (OMB) initiated a review of the EEOC’s pay data collection rule. As a result, the EEOC’s collection of pay data, which was to have begun on March ...

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