In January 2024, the Delaware Supreme Court issued a notable opinion[1] affirming that under the Delaware General Corporation Law (DGCL), a corporation with multiple classes of common stock does not have to obtain a separate class vote to amend its certificate of incorporation when it seeks to adopt Continue Reading
New Jersey Regulatory Update Part II
Part II of our New Jersey Regulatory Update further identifies proposed and adopted regulations that may impact healthcare providers, from additional financial transparency rules impacting facilities to rules attempting to prevent patient isolation in long-term care facilities. Transfers of Continue Reading
The Role of ADR in Patent Licensing Agreements
Judge Jose Linares, Mark Makhail, Stephanie Reed Traband, and Michele McGuire Vanderstreet discuss “The Role of ADR in Patent Licensing Agreements,” in the Daily Business Review. The team gives a breakdown of patent licensing considerations and explains how crucial it is for these agreements to be Continue Reading
New Jersey Regulatory Update Part I
It is that time of year for our regulatory update. Parts I and II will discuss proposed and adopted rules from the second half of last year to the first quarter of this year that impact healthcare providers in New Jersey, from drug donation programs, to new licensing rules for out-of-state Continue Reading
DEA’s Plan to Reschedule Cannabis: Implications and Insights
Recently, the Department of Justice proposed reclassifying cannabis from Schedule I to Schedule III under the Controlled Substances Act. The move follows an August 2023 recommendation from the Department of Health and Human Services (HHS) to the U.S. Drug Enforcement Administration (DEA) to Continue Reading
What Does the GEICO Decision Mean for New Jersey Providers?
The Third Circuit Court of Appeals held in a recent precedential case that the court must compel arbitration between Government Employees Insurance Company (Geico) and several medical practices, which Geico had sued for fraud totaling over $10 million. The cases originated in the District Court for Continue Reading
FTC Votes to Ban Non-Compete Agreements: What Healthcare Organizations Need to Know
The Federal Trade Commission (FTC) approved a sweeping ban on non-compete agreements by employers on April 23, 2024, in a 3-2 vote. The final rule provides that it is “an unfair method of competition” and thus a violation of section 5 of the Federal Trade Commission Act (FTC Act) for persons to Continue Reading
Federal Rule to Establish Minimum Staffing Requirements for Long-Term Care Facilities
The contentious “Nursing Home Minimum Staffing Rule,” which sets minimum staffing requirements for federally funded long-term care facilities throughout the U.S., was finalized on April 22, 2024. The rule was initially proposed in September 2023 by the Department of Health and Human Services (HHS) Continue Reading
‘Whitestone REIT Operating Partnership, L.P. v. Pillarstone Capital REIT’
Court of Chancery Confirms Implied Covenant as Viable Basis for Relief in Alternative Entity Context In this post-trial opinion, the Delaware Court of Chancery evaluated the enforceability of a “poison pill”—or shareholder rights plan—adopted to frustrate a redemption right in the alternative Continue Reading
Department of Labor Significantly Increases Salary Thresholds for “White Collar” Overtime Exemptions
On April 23, 2024, the US Department of Labor (DOL) announced its final rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees—commonly referred to as the white collar exemptions under the Fair Labor Standards Act (FLSA). This Continue Reading