McCarter Partner Curtis Leitner and associate Trevor Larrubia discuss messy New York case law on the application of “cause” termination procedures in employment contracts in the New York Law Journal column “Form Versus Substance: Termination Procedures in NY Employment Contracts.” Some case law Continue Reading
Federal Efforts to Address Opioid Use Disorder
New Final Rule on Medications for the Treatment of Opioid Use Disorder On April 4, 2024, a final rule published on February 2, 2024 (the Final Rule) went into effect that concerns medication for the treatment of opioid use disorder. The Final Rule, published by the Substance Abuse and Mental Continue Reading
How Companies Can Grow When Strategizing and Assessing the Ever-Changing Venture Capital Environment
Corporate partner Onome Adejemilua provides an overview of corporate venture capital (CVC) investment trends, the benefits and challenges of strategic growth, initial structuring considerations, and the legal issues to contemplate in the April 2024 issue of the New Jersey Lawyer published by the New Continue Reading
New Informed Consent Guidance and Pharmacy Immunity
CMS Releases Guidelines on Informed Consent Requirements for Sensitive Examinations New guidance released by the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) on April 1, 2024, clarified that hospitals will not be eligible for Medicare or Continue Reading
The Chevron Doctrine & FERC
Randy Elliott authored an article discussing the potential uncertainty participants in the energy sector may face concerning judicial review of orders of the Federal Energy Regulatory Commission (FERC) should the Supreme Court overrule or modify the landmark 1984 decision Chevron U.S.A. v. Natural Continue Reading
OCR Updates Bulletin on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates
On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services updated its bulletin on the Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates. The bulletin emphasizes that regulated entities are not permitted to use Continue Reading
Payment Flexibilities and New Legislation Introduced Regarding Healthcare Cyberattacks
For the past month or longer, many providers have reported a significant impact on their revenue cycle due to the cyberattack on Change Healthcare, LLC. In light of that impact, the Centers for Medicare & Medicaid Services (CMS) issued a fact sheet offering some assistance, albeit limited, to Continue Reading
Delaware Supreme Court Clarifies That Forfeiture-for-Competition Provisions Are Distinct from Restrictive Covenants and Not Subject to a Reasonableness Review
In Cantor Fitzgerald, L.P. v. Ainslie, the Delaware Supreme Court announced, as a matter of first impression, that “forfeiture for competition” provisions in limited partnership agreements are generally enforceable and do not constitute restraints on trade subject to review for reasonableness. The Continue Reading
Getting Title IX off the Sidelines and into NIL Deals
Name Image Likeness (NIL) deals—agreements allowing student-athletes to receive compensation for the use of their name, image, and likeness—are undoubtedly the current hot topic dominating conversations surrounding collegiate sports these days. Under the current guidelines, which are limited, Continue Reading