Alert
Published 07/06/2022
Industries Energy
Services Appellate | Environmental
On June 30th, the United States Supreme Court issued its decision in West Virginia v. EPA . The Court concluded that the EPA had exceeded its authority under the Clean Air Act by establishing emission caps in the Clean Power Plan (CPP) that would have required a shift in electrical generation from coal to cleaner sources such as natural gas, wind and solar. The Court applied the “major questions doctrine” in determining that there was no clear Congressional authority for the type of regulatory control EPA outlined in the CPP. What You Need to Know: The US Supreme Court is concerned with...
Article
Published 07/06/2022
Industries Higher Education
Services Labor and Employment
Alert
Published 07/06/2022
Industries Health Care
As we have just passed the half-way point of 2022, many health systems are thinking about acquisitions they would like to complete before the end of the calendar year. In addition to the necessary due diligence, contracting considerations and licensure and regulatory issues, acquiring and selling parties would be well-served to put antitrust considerations high on the analysis agenda, in an effort to be prepared for potential scrutiny by the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ) and/or a State Attorney General. What You Need to Know: Antitrust is an important...
Blog Post
Published 07/05/2022
By Gregory M. Boucher
Alert
Published 07/01/2022
Industries Insurance
Services Employee Benefits and ERISA Litigation | Litigation
This month’s Friday Five covers cases relating to interpretation of regulatory deadlines, the enforceability of discretionary clauses, circuit courts going both ways on appeals from summary judgment rulings in favor of plans, and a benefits award for a former professional football player where the court specifically references longstanding bias by the plan. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team July 1, 2022 | By Amy Kline , Caitlin Strauss and Michael Joyce Second Circuit Issues Strict Interpretation of Regulatory Deadline for Insurers to Make Benefits...
Blog Post
Published 06/30/2022
By W. Matthew Bryant
Podcast episode
Published 06/28/2022
In this episode, host Jonathan Havens, co-chair of Saul Ewing Arnstein & Lehr’s Food, Beverage and Agribusiness (FBA) Practice, and colleague Stephen Ravin, a partner in the firm’s Bankruptcy and Restructuring Practice, speak with Spencer Ware, Managing Director and Retail Practice Leader of national business advisory firm Riveron. They consider the challenges facing the food and beverage industry in the post-COVID world, from labor shortages and turnover to the effects of inflation on the prices of food, gasoline, and fertilizer. They explore how restaurants need to be flexible with their offerings, pricing and operations to thrive, for example by trimming portion sizes, maintaining flexible hours, and/or adapting menu items as the availability of certain proteins change. Finally, noting that restaurants and food suppliers have more negotiating power than ever before, the group discusses how it is imperative to work out arrangements with landlords and lenders at the earliest sign of trouble in order to remain financially sound.
Alert
Published 06/27/2022
Industries Condominium and Community Associations
​A new City of Chicago Ordinance requires that condominium associations and other highrise residential buildings provide relief for residents during extreme heat events. On June 22, 2022, in response to the heat-related deaths of residents of a senior living facility, the Chicago City Council approved multiple changes to the Chicago Municipal Code that deal with heating and cooling requirements in residential buildings. Although most of the changes are directed at nursing homes, assisted living establishments and similar facilities, some of the changes are applicable to highrise condominium...
Article
Published 06/23/2022
Industries Cannabis Law
Alert
Published 06/22/2022
Services Intellectual Property
​Counterfeiting is seldom discussed in popular culture, but as a crime it is one of the most lucrative, eclipsing even the drug trade. In 2017, counterfeiting was responsible for almost $1 trillion in illegal sales. Incredibly, counterfeiting accelerated during the COVID-19 pandemic. That was caused in part to a change in the habits of consumers resulting from the pandemic What You Need to Know: A large amount of purchasing decisions moved online since 2020 and that does not appear to have changed into the third year of the pandemic. It was not uncommon for businesses to furlough and lay off...
Article
Published 06/16/2022
Industries Sports and Entertainment
Services Employment Litigation | Labor and Employment
Article
Published 06/16/2022
Industries Sports | Sports and Entertainment
Alert
Published 06/15/2022
Industries Health Care | HIPAA / Health Information Privacy and Security
On June 13, 2022, the U.S. Department of Health and Human Services Office for Civil Rights issued guidance (the “Guidance”) for covered health care providers and health plans relating to the use of remote communication technologies to provide audio-only telehealth services in a manner that is compliant with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, and Breach Notification Rules (collectively, the “HIPAA Rules”) after the federal public health emergency ends. What You Need to Know: The COVID-19 public health emergency is scheduled to expire...
Blog Post
Published 06/13/2022
By James Rohlfing
Videos
Published 06/07/2022
Services : Emerging Company and Entrepreneur Services
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #16 and #17: “Create a sense of urgency” and “Don’t terminate talks; adjourn for the day.”
Blog Post
Published 06/07/2022
By Jason Tremblay, Alexander Reich
