Archives of Newsletter Articles

UPDATES FOR FTC’S PROPOSED NON-COMPETE RULE

In March, we published a summary of the Federal Trade Commission’s proposed rule to effectively ban non-compete agreements across almost all industries. Earlier this year, the FTC sent shockwaves throughout the labor market after announcing a new proposed rule that would prevent employers across nearly every industry from entering into any non-compete agreement with an […]
1 year ago

AVOID OCR INVESTIGATIONS: STOP SNOOPING IN ITS TRACKS

On June 15, 2023, the Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) announced that a Washington hospital would pay $240,000 as part of a settlement for HIPAA violations concerning medical record “snooping.” In May 2018, Yakima Valley Memorial Hospital submitted a breach notification to OCR, triggering an investigation. The hospital […]
1 year ago

HHS PROPOSED REPRODUCTIVE HEALTHCARE RULE

On April 12, 2023, the Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) released a proposed rule (the “Rule”) that would modify the HIPAA Privacy Rule to include stricter standards for the use or disclosure of PHI to investigate or prosecute patients, providers, and others receiving, providing, or involved in reproductive […]
1 year ago

AI IN THE WORKPLACE: WHAT EMPLOYERS NEED TO KNOW

With the rise of ChatGPT and other technology, artificial intelligence (“AI”) is all the rage these days. Although automated systems, with and without AI, certainly can make tasks easier and more efficient, they also have inherent risks. Further, when employers use AI in the workplace, they must ensure compliance with all applicable laws, regulations, and […]
1 year ago

WHAT YOU NEED TO KNOW ABOUT NC’S CON REFORMS

On March 23, 2023, North Carolina passed Session Law 2023-7 into law. While the law primarily aims to expand Medicaid coverage across the state, it also institutes significant reforms for the state’s Certificate of Need (“CON”) Program. CON Law requires health care providers to apply to the program and obtain a certificate in order to […]
1 year ago

UPDATED NOTICE OF RIGHTS UNDER FCRA REQUIRED WITH BACKGROUND CHECKS

On March 24, 2023, the Consumer Financial Protection Bureau (CFPB) released an updated version of their notice, “A Summary of Your Rights Under the Fair Credit Reporting Act” (the “Updated Notice”). Employers who conduct background or credit checks on employees or job applicants are required to provide the Updated Notice under FCRA. The Updated Notice […]
1 year ago

DEA’S PROPOSED RULE ON TELEMEDICINE AND PRESCRIBING CONTROLLED SUBSTANCES

The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the “Ryan Haight Act”) was enacted to amend the Controlled Substances Act to crack down on online prescribing of highly addictive substances, especially to teenagers and young adults, and impose stricter regulations on the use of telemedicine to prescribe controlled substances. When the pandemic hit […]
1 year ago

CONFIDENTIALITY AND NON-DISPARAGEMENT TERMS IN SEVERANCE AGREEMENTS

On February 21, 2023, the National Labor Relations Board (“NLRB”) announced a decision in McClaren McComb, 372 NLRB No. 58 (2023), overturning two Trump-era cases concerning confidentiality and non-disparagement clauses in severance agreements. Thereafter on March 21, 2023, the NLRB’s General Counsel Jennifer Abruzzo released a clarifying memorandum in response to inquiries on the McClaren […]
1 year ago

COVID-19 PHE TO END ON MAY 11, 2023

On January 30, 2023, the Biden Administration announced their intention to end the COVID-19 national emergency and public health emergency declarations (“PHE”) on May 11, 2023. The announcement was made to comply with the Administration’s commitment to give a notice of no less than 60 days and to give healthcare providers ample time to adjust […]
2 years ago

UPDATES ON THE FTC’S PROPOSED NON-COMPETE RULE

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a Notice of Proposed Rulemaking, outlining a new proposed rule (“the Rule”) that would effectively ban non-compete agreements. The FTC considers non-competes to be violations of Section 5 of the Federal Trade Commission Act, which aims to prevent unfair methods of competition. The announcement has […]
2 years ago