Two New Jersey healthcare facilities that violated the New Jersey Patient Safety Act, N.J.S.A. §§ 26:2H-12.23 to -12.25, (PSA), must provide plaintiff patients with internal reports and documents relating to adverse events, which would otherwise be privileged, the New Jersey Supreme Court held on Continue Reading
The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?
After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the Federal Trade Commission (FTC) rule that would have invalidated tens of Continue Reading
NJ ELEC Proposes New Reporting Requirements for IEs and SuperPACs
The Election Law Enforcement Commission (ELEC) proposed new rules this week (56 N.J.R. 1684(a) and 56 N.J.R. 1699(a)), finally implementing the legislature’s creation of reporting requirements for independent expenditure (IE) committees, which, as everyone knows, are becoming the major players in Continue Reading
Chancery Enforces Advancement Rights for Former Employee of Subsidiary and Awards Fees on Fees
In this post-trial opinion, the Court of Chancery considered whether the plaintiff was entitled to advancement of attorneys’ fees incurred in a separate litigation under the bylaws of his former employer’s parent company. The Court concluded that the plaintiff was entitled to advancement because the Continue Reading
Artificial Intelligence & Product Liability
As federal agencies and states grapple with regulating artificial intelligence (AI) to enhance its safety profile, and as businesses race to adopt AI for myriad purposes, it is important to recognize a general safety framework already exists in the form of product liability laws. Notably, many Continue Reading
FTC Power to Ban Non-Compete Agreements Questioned by Another Federal Court
As the Federal Trade Commission (FTC) seeks to ban nearly all employee non-compete agreements in the United States (see April 25, 2024 Alert), the question of whether the agency has the power to do that is dividing federal courts around the country. We wrote previously about two court decisions Continue Reading
FCC Makes a Call on AI
On August 7, 2024 the Federal Communications Commission (FCC) adopted a new Notice of Proposed Rule Making (NPRM) proposing regulations that prohibit the use of AI in automated dialing or artificial or pre-recorded voice calls absent the prior written consent of the call recipient, unless otherwise Continue Reading
CMS Updates Master List for DMEPOS
The Master List for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) comes from a November 2019 final rule that created the list to serve as a library of items that have been identified as potential vulnerabilities to the Medicare Trust Fund based on criteria outlined in 42 Continue Reading
FTC Wins Round Two in Its Non-Compete Ban Defense
The Federal Trade Commission (FTC) is seeking to ban nearly all employee non-compete agreements in the United States [see April 25, 2024 Alert]. Almost immediately after the FTC issued its final rule, lawsuits challenging that attempt were filed in several courts around the country. On July 3, 2024, Continue Reading
More Roadblocks For Information Blocking: HHS Finalizes Rule Establishing Disincentives for Hospitals, Clinicians, and ACOs
On July 31, 2024, the Department of Health and Human Services (HHS) final rule, 89 FR 54662, establishing disincentives for certain healthcare providers that have committed information blocking, will become effective. This rule further implements the 21st Century Cures Act by allowing the Centers Continue Reading