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Buchanan Ingersoll & Rooney has a proven reputation for providing progressive, industry-leading legal, business, regulatory and government relations advice to regional, national and international clients. Our 450 attorneys and government relations professionals across 15 offices represent some of the highest profile and innovative companies in the nation, including 40 of the Fortune 100. We service a wide range of clients and have especially deep experience in the energy, finance, healthcare and life sciences industries.
n August 16, 2022, the Fourth Circuit Court of Appeals issued its landmark decision, Williams v. Kincaid, holding that gender dysphoria qualifies as a disability under the Americans with Disabilities Act (ADA) and Rehabilitation Act. The Fourth Circuit is the first Federal Court of Appeals to make this ruling.
The U.S. government continues to expand its tools for seizing Russian-controlled assets following the Russian invasion of Ukraine.
Beginning August 5, Pennsylvania employers with salaried, nonexempt employees cannot use the fluctuating workweek method of calculating overtime pay for salaried employees.
On July 21, the U.S. Attorney’s Office for the Southern District of New York and the Securities and Exchange Commission (SEC) announced insider trading allegations against three defendants related to the trading of crypto assets, in what U.S. Attorney Damian Williams heralded as the “first ever insider trading case involving cryptocurrency markets.”
Continuing the federal antitrust agencies’ focus on anticompetitive conduct in labor markets, on July 25, the U.S. Department of Justice, Antitrust Division (DOJ) announced a major complaint and settlement with poultry processors, along with a consulting company and its owner, for conspiring to suppress wages and exchanging wage and benefits information.
The U.S. Department of Justice (DOJ) is not backing down from the issue of no poach/no hire agreements between competitors, despite its early trial losses, as we predicted. On July 18, the DOJ submitted a “Statement of Interest” in Curtis Markson et. al. v. CRST International, Inc. et. al, C.D. Cal., no 5:17-cv-01261. The Statement of Interest lays out the DOJ’s position on no poach agreements – that they are per se illegal.1 This is the same stance the DOJ took in Jindal and DaVita, in which the DOJ’s allegations survived motions to dismiss although the defendants were found not guilty of the Sherman Act allegations after criminal trials in those cases.
For a number of reasons, general regulatory enforcement in the life sciences industry took a back seat throughout much of 2020 and 2021. While there were differing approaches depending on which administration was in control of the White House, much of the focus in life sciences enforcement was squarely on the COVID-19 pandemic. And while that is still the case in some respects, priorities are beginning to shift, and the industry needs to take notice.
At this point, it’s fair to note that search warrants are never funny. They are a crisis delivered directly to your company’s front door. Fortunately, you can prepare for that crisis by planning ahead. During my time as a federal prosecutor, I found that a company’s preparation often reduced the fallout when the government came knocking. Now, as a white collar defense attorney, I want to share some thoughts that can help you prepare for a search warrant.
Those of us who are charged with shepherding campuses though Title IX’s requirements will surely not forget May of 2020 when the U.S. Department of Education (USDOE) issued significant regulatory changes while providing institutions with only a few months to come into compliance. The 2020 regulations implemented sweeping changes that implicated Title IX jurisdiction regarding off campus conduct, the definition of “sexual harassment,” formal complaint requirements, live hearings where advisors conduct cross-examinations, and the applicable standard of evidence, among other key areas.
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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