The Employee Retirement Income Security Act of 1974 (“ERISA”) has a reputation for being intimidating and understandably so. Although plan sponsors must practically consider business needs and evaluate benefits alongside general labor and employment considerations, ERISA’s fiduciary standards may...
In February, 2023, the Antitrust Division of the Department of Justice (“DOJ”) announced they are withdrawing three (3) antitrust policy statements – two of which date from the 1990s – which have been relied upon by healthcare providers and their counsel guiding them through their merger and...
BACKGROUND: The Rule - What It Means and What It Prohibits A somewhat little-known and obscure provision of U.S. antitrust law – Section 8 of the Clayton Act – makes it illegal in certain circumstances for the same person to serve as a director of competing corporations. If certain conditions exist...
LATEST UPDATE The FTC has voted to extend the public comment period on its proposed rule to ban employers from imposing non-competes on their workers, and will now be accepting comments on the proposed rule until April 19, 2023. Comments can still be submitted in either writing or online using the...
Class Action Lawsuits Stemming From Use of Session Replay Software Are on the Rise In an effort to enhance customer experience, many businesses and institutions have their public-facing websites collect information with the use of cookies, web beacons, chat bots, and/or “session replay” software...