Archive for the ‘Legal Updates’ Category

If Republicans Agree on 80% of Tax Reform, What’s the Other 20%?

August 31, 2017  |   Legal Updates   |     |   Comments Off on If Republicans Agree on 80% of Tax Reform, What’s the Other 20%?

By: Carolyn Smith at Alston and Bird Senate Finance Committee Chairman Orrin Hatch (R-UT) and House Ways and Means Chairman Kevin Brady (R-TX) have both stated that Republicans agree on about 80% of tax reform. The needle might have moved closer to 90% with the recent announcement from the Big Six—Treasury Secretary Steven Mnuchin, National Economic Council Director Gary Cohn, House Speaker Paul Ryan (R-WI), Senate Majority Leader Mitch McConnell (R-KY), and Chairmen Hatch ...

Employee FMLA Retaliation Case Survives Dismissal – How Can You Avoid Similar Problems

August 21, 2017  |   Legal Updates   |     |   Comments Off on Employee FMLA Retaliation Case Survives Dismissal – How Can You Avoid Similar Problems

Overview The court in this case, the United States District Court for the District of South Carolina, was reviewing a Magistrate Judge’s (MJ) recommendation that the Court partially grant and partially deny Defendant Equilon Enterprises, LLC's (“SOPUS” or Employer) motion for summary judgment. SOPUS objected to portions of the MJ’s Report and Recommendation (R&R). The District court overruled the employer's objections, and adopted the MJ’s R & R in this case, see below.1 Court’s Decision In this case, ...

Washington Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

August 02, 2017  |   Legal Updates   |     |   Comments Off on Washington Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

By Jennifer Mora and Vanessa Lee July 20, 2017 Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to treat her migraines, and for terminating her for a positive drug test result.1  Although employers typically have a right to implement ...

Capitol Hill Healthcare Update

August 01, 2017  |   Legal Updates   |     |   Comments Off on Capitol Hill Healthcare Update

By Mike Ferguson, Chris Jones, Adam Higgins and Tyler Thompson on July 31, 2017 Editor’s Note – The next Capitol Hill Healthcare Update will be published after Labor Day when Congress reconvenes following its August recess. Republicans Contemplate Next Steps Amid ACA Flameout Congressional Republicans and President Donald Trump face a series of key questions about how ...

Think Tanks Release Compromise Proposal for Paid Parental Leave

June 06, 2017  |   Legal Updates   |     |   Comments Off on Think Tanks Release Compromise Proposal for Paid Parental Leave

BY MICHAEL J. LOTITO AND ILYSE SCHUMAN ON JUNE 6, 2017 The American Enterprise Institute (AEI)-Brookings Working Group on Paid Family Leave has issued a new report analyzing the costs and benefits of implementing a national paid leave program, and laying out a compromise proposal for lawmakers to consider. The compromise outlined in the report—Paid Family and ...

Zenefits Fined by NY Regulator for Unlicensed Insurance Sales

April 12, 2017  |   Legal Updates   |     |   Comments Off on Zenefits Fined by NY Regulator for Unlicensed Insurance Sales

By REUTERS April 11, 2017, 2:00 P.M. E.D.T. NEW YORK — Health benefits broker Zenefits was fined $1.2 million with New York's financial services regulator on Tuesday for letting unlicensed employees solicit, negotiate and sell insurance policies, the latest regulatory blow for the software startup. Zenefits in 2014 and 2015 engaged in "repeated" violations of the state's insurance law, including failures to maintain ...

Proposed Law Would Require All California Children To Be Screened For Lead

March 13, 2017  |   Legal Updates   |     |   Comments Off on Proposed Law Would Require All California Children To Be Screened For Lead

By Ana B. Ibarra | March 13, 2017 Growing national concern about lead poisoning in children has prompted a California lawmaker to introduce legislation to ensure that all of the state’s kids are tested for the toxic metal. The bill, introduced by Assemblyman Bill Quirk (D-Hayward), would change the state’s Health and Safety Code to require testing for all children ages 6 months to 6 years. Current regulations require lead testing only for children in ...

House GOP lawmakers face tough questions on health care

February 06, 2017  |   Legal Updates   |     |   Comments Off on House GOP lawmakers face tough questions on health care

By Associated Press February 5 WASHINGTON — Angry constituents confronted Republican lawmakers at separate town halls in California and Florida, fearful of the GOP promise to repeal former President Barack Obama’s health care law without a comprehensive alternative. In California, Rep. Tom McClintock faced tough questions on Saturday about health care and President Donald Trump’s agenda and had to be escorted by police after his hour-long event. Protesters followed him, ...

THROWBACK: After Expanding Under Obamacare, This 123-Year-Old Insurance Company Is Closing Its Doors

January 31, 2017  |   Legal Updates   |     |   Comments Off on THROWBACK: After Expanding Under Obamacare, This 123-Year-Old Insurance Company Is Closing Its Doors

Melissa Quinn | @MelissaQuinn97 | May 04, 2015 |         After expanding to do business on the Affordable Care Act’s exchanges last year, a Wisconsin-based health insurance company founded in 1892 has announced it will close its doors. Assurant Inc. announced last week one of its subsidiaries, Assurant Health, an insurance company, will either be sold or shuttered after losing tens of millions of ...

Ninth Circuit Court Limits False Claims Act Liability for Alleged Unlawful Marketing of Pharmaceuticals

January 19, 2017  |   Legal Updates   |     |   Comments Off on Ninth Circuit Court Limits False Claims Act Liability for Alleged Unlawful Marketing of Pharmaceuticals

Thursday, January 19, 2017 A U.S. District Court recently issued a wide-ranging opinion that pharmaceutical companies should consider when evaluating whether their speaker programs comply with the Anti-Kickback Statute (AKS). The ruling also provides one of the first judicial interpretations of the “recommendation” prong of the AKS, an interpretation that contradicts the government’s position on the statute. In United States ex ...