West Palm Beach Firefighters’ Pension Fund v. Moelis & Co., 311 A.3d 809, 816 (Del. Ch. 2024) In this seminal opinion resolving the parties’ cross-motions for summary judgment, issued by the Delaware Court of Chancery on February 23, 2024, the Court considered whether a stockholder agreement Continue Reading
A New Frontier in Corporate Accountability: The DOJ’s Corporate Whistleblower Awards Pilot Program
Medicare Technology Standards for Prescribing Part D Drugs
The Centers for Medicare & Medicaid Services (CMS), the Office of the National Coordinator for Health Information Technology (ONC), and thr Department of Health and Human Services (HHS) published 89 FR 51238 (the Final Rule), which revised the Medicare Prescription Drug Benefit (Part D) and ONC Continue Reading
CMS Adopts New Age-Friendly Hospital Measure for Care of Older Adults for CY 2025 Reporting
The Centers for Medicare & Medicaid Services (CMS) has adopted an age-friendly quality hospital measure in its most recent final rule addressing prospective payment systems, policy changes, and quality program requirements for hospitals. The measure assesses a hospital’s care for patients 65 Continue Reading
Privilege Denied When Facilities Fail To Comply With NJ Patient Safety Act
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