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Biden Administration and CMS Propose New Rule to Provide Greater Transparency for Nursing Home Ownership
Following the Biden administration’s efforts to promote nursing home safety, transparency, accountability and quality, the US Centers for Medicare & Medicaid Services (CMS) announced a proposed rule governing nursing home ownership reporting, with a focus on private equity and real estate investment trust (REIT) ownership.
Heard at the 2023 Spring Meeting: Part 1
The American Bar Association’s Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading antitrust issues facing the business community today.
France's Renewable Energy Acceleration Bill Removes Barriers to Project Development
On February 8, 2023, the French Senate voted for the adoption of the Renewable Energy Acceleration Bill (Projet de loi relatif à l’accélération de la production d’énergies renouvelables) which was first introduced in September 2022 by France’s Energy Transition Minister, Agnès Pannier-Runacher. The bill is a culmination of months of negotiations among the members of the National Council for Ecological Transition (le conseil national de la transition écologique).
PPP Loan Appeals, SBA Clawbacks and More: What You Need to Know
Last year, we published an article titled “What to Do if Your PPP Forgiveness Application Is Denied.”
Court of Chancery Holds That Corporate Officers Owe Duty of Oversight in Sexual Harassment and Misconduct Case
On January 25, 2023, the Delaware Court of Chancery held, for the first time, that the rationale for a duty of oversight (Caremark duty) owed by directors of Delaware corporations applies equally, if not to a greater degree, to officers.
5 Trends to Watch: 2023 Israeli Business
Expect to see more companies in need of creative financing solutions, and investors who are specialized in distressed situations.
5 Trends to Watch: 2023 Venture Capital
The current macroeconomic environment, coupled with record increases in valuations over the last several years, is creating an increase in down-rounds, re-pricings, and recapitalizations.
SEC Adopts Final Amendments to Rule 10b5-1 and New Disclosure Requirements
On Dec. 14, 2022, the Securities and Exchange Commission (SEC) adopted significant amendments to Rule 10b5-1 under the Securities Exchange Act of 1934 (the “Exchange Act”) and new rules and disclosure requirements associated with 10b5-1 trading plans meant to address the SEC and other industry participants’ views of potential abuses under the current insider trading regime, including “cooling-off” periods for insiders, prohibitions on overlapping plans, certain insider certifications, and other requirements summarized below.
EU Foreign Subsidies Regulation Enters into Force in 2023
On December 23, 2022, Regulation (EU) 2022/2560 of December 14, 2022 on foreign subsidies distorting the internal market (FSR) was published in the Official Journal of the European Union.
Seven Corporate Directors Resign: DOJ Ramps Enforcement Against Board Members Serving on Competitors' Boards
Seven directors resigned from corporate boards following promises of enforcement of Clayton Act Section 8 (15 U.S.C. § 19) by the US Department of Justice (DOJ), Antitrust Division (the Division), the Division announced Wednesday.
Featured Stories
Schedule A I-140: Fast-Track Green Card for Nurses and Physical Therapists
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.
SCOTUS to Warhol Foundation: Your Use of Previously Licensed Work Isn't Fair
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.
Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort
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.
New Washington Law Regulates Warehouse Distribution Center Worker Quotas
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.
Congress Adds AKS and Stark Law Exceptions for Certain Wellness Programs
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.
Texas Approves SB 14 Prohibiting Gender-Affirming Care for Minors
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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