The Supreme Court ruled that an arbitrator may not always be vested with the authority to make the decision as to arbitrability in Coinbase v. Suski. The court held that when there are conflicting agreements regarding the arbitrability of a dispute, it is solely a question for the judiciary to 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
The Court of Chancery Maintains Personal Jurisdiction over Former Manager of Delaware LLC Operating a Competing Opioid Clinic
The Court of Chancery’s recent decision in Maric Healthcare, LLC v. Guerrero, captioned C.A. No. 2023-1062-NAC (Del. Ch. June 14, 2024), resolves a motion to dismiss claims arising from allegations that the defendant—the former manager of a Delaware LLC plaintiff—had improperly set up a competing Continue Reading
Chancery Court Orders PDVH to Issue PDVSA Replacement Stock Certificate for Citgo Auction, Finds No Need for $1B–$2B Cash Bond
In Petróleos de Venezuela SA v. PDV Holding, 2023-0778, the Chancery Court ordered PDV Holding (PDVH), a Delaware corporation and the direct US parent of Citgo Petroleum Corp., to issue a replacement stock certificate conditioned upon Petróleos de Venezuela SA (PDVSA) posting an unsecured Continue Reading
Chancery Court Issues Corrected Opinion Reversing Prior Appraisal Litigation Decision That VMWare-Pivotal Deal Price Overvalued Target
In a corrected March 12, 2024 decision in HBK Master Fund LP v. Pivotal Software Inc., Del. Ch., No. 2020-0165, the Delaware Chancery Court ruled in favor of a petitioner hedge fund in an appraisal litigation stemming from the acquisition of Pivotal Software, Inc. (Pivotal) by controlling Continue Reading
Chancery Court Finds Acquirer Must Advance Target Company CEO Defensive Litigation Costs per Company Bylaws, Indemnity Agreement
In Rhodes v. Biomerieux Inc. 2024 BL 52954, Del. Ch., No. 2023-1079,[1] the Delaware Chancery Court held that bioMérieux, Inc. (bMx) must advance certain litigation-related expenses to Mr. Paul Rhodes, the former CEO of Specific Diagnostics LLC (Specific, collectively with bMx, the Defendants). bMx Continue Reading
Some Student Athletes May Now Be Considered “Employees” Entitled to Protections Under the Fair Labor Standards Act
When, if ever, are college athletes “employees” who are entitled to compensation rather than simply students playing games? The United States Court of Appeals for the Third Circuit recently shed a little more light on the issue, opening a path by which at least some college athletes may be Continue Reading