The session covered several money-related topics that arise over the course of a project such as allowances, contingencies, savings, and buyouts. The program also addressed these issues from both the owner standpoint and the contractor standpoint.
With information governance playing an increasingly significant role in the way corporations do business, Kathryn focused on understanding privacy laws and regulations that apply to business and how information governance can help comply with these laws, how information governance is a key element in improving data security for organizations and preventing data breaches, and how and why artificial intelligence is increasingly used in information management.
The panel explored current issues concerning “bad faith” bankruptcy filings, including whether a subsidiary company files in bad faith if it has a sufficient “funding backstop” through its parent company as discussed in In re LTL Mgmt., LLC, 64 F.4th 84 (3d Cir. 2023). Discussion included the current state of the law, the types of potential bad faith filings and different perspectives and arguments for and against allowing dismissals for bad faith.
The program examined current trends in seeking discovery of putative class members, shared considerations for defense counsel in conducting absent class member discovery, and covered leveraging the evidence obtained during certification, settlement, and trial.
Jen provided an overview of artificial intelligence (AI) technology and its actual and potential effects on the legal industry. In particular, she addressed what the combined impact of COVID and Generative AI may have on the day-to-day practice of law, especially for junior associates, who are at risk of becoming a “lost generation” of lawyers. Jen also discussed how law firms can embrace AI technology while ensuring that their integrity of operations and talented attorneys thrive.
The article examines OSHA’s new focus on the enforcement of heat-safety violations occurring in indoor work environments, such as manufacturing and warehouse facilities. While OSHA has yet to issue a national standard for workplace heat-safety rules, just yesterday on August 30, they released a “Regulatory Framework” meant to outline potential options for the elements of a future OSHA standard. The authors suggest that after a thorough review of OSHA’s Regulatory Framework, employers could draft and implement a written heat stress prevention program or heat illness prevention plan for their worksite or facility. In addition to OSHA guidelines and standards, employers should also be aware of their obligations to address safety concerns under other existing legislation including the Americans with Disabilities Act and the National Labor Relations Act.
Sean described AI’s potential benefits, and he also discussed AI’s potential to expose insurers to sloppy claims handling, bad-faith lawsuits, and government investigations. This event featured roundtable discussions on the latest legal challenges facing the industry and networking opportunities for general counsel, corporate counsel, and chief legal officers of NAMIC member companies.
The program focused on the new I-9 form, the remote inspection rules, and other related issues.
Referencing a July 25, 2023 opinion issued by the Connecticut Supreme Court in High Watch Recovery Center Inc. v. Department of Public Health, the “Expert Analysis” article emphasizes the importance of “[u]nderstanding the distinction between mandatory and discretionary public hearings…for parties to CON proceedings to avoid foreclosing potential appellate rights.” The authors indicate that the ruling is “significant in that it rejects a rigid application of the statutes governing CON procedures and instead focuses on the substance of the public hearing at issue in assessing whether a matter qualifies as a contested case.” Conor, Ben and Michael provide background on the case, examine the decision and offer some key takeaways.
Panelists reflected on their experience in the internship program, how they went about choosing job opportunities and offered insight in to the practice they are currently working in.
The program provided an overview of recent caselaw, particularly in the environmental arena, that provides new or expanded avenues for judicial challenges to federal or state agency action, and an introduction to strategic and procedural issues for such challenges, including federal vs. state court, standing, and governmental privileges.
The article explores a proposal by the Federal Trade Commission that would largely prohibit employers from imposing noncompete agreements on workers. According to the authors, this occurs at a time where many state and local jurisdictions have already passed or proposed legislation to ban or restrict noncompetes. The piece goes on to offer alternative options for employers, including confidentiality/nondisclosure agreements, nonsolicitation agreements, return of property agreements/device agreements, fiduciary duty notices and agreements, and reminder letters to departing employees.
In the context of a landlord bankruptcy, the article explores: the characterization, treatment, and priority of commercial security deposits; the role that state statutes might play in making such determinations; and strategies for mitigating risks to the recovery of such assets held by nonresidential landlords.
Co-authored with R+C alumna Sapna Jain, the article points out that regardless of the kind of activity, “the goal is the same – to provide a fun, safe, and inclusive experience. In addition, the goal is to limit possible legal risks associated with such activities. To that end, there are a number of questions that employers should be asking in order to limit these risks,” including “What should we do?, Will alcohol be served?, What policies apply?, How do we set the tone?” The authors suggest that “employers who are planning summer gatherings consult competent counsel to ensure the proper safeguards are in place to mitigate potential legal risks”…and ensure that employees will remember the event for all the right reasons.
While revisions to Title IX regulations are expected from the Biden administration this October, Title IX cases have continued in federal court. Approximately fourteen Title IX cases have been filed in the District of Massachusetts since this publication’s last update in 2020 and the First Circuit has decided approximately seven of them. The attorneys explain that while Title IX guidance and regulations continue to fluctuate, there are two theories a plaintiff may assert: selective enforcement and erroneous outcome. Regardless of which theory a plaintiff pursues, both require showing and proving a gender bias. While numerous cases have been dismissed on the basis of Title IX claims, a number have proceeded on claims of breach of contract, highlighted in the attorneys’ discussion of Doe v. Stonehill College and Doe v. Williams College. The attorneys conclude that while schools await October revisions to Title IX regulations, courts “can be expected to require schools to follow their procedures, provide respondents the opportunity to appropriately review or respond to evidence, and avoid undue influence by staff who are not decision makers in the Title IX processes.”
For such facilities, the regulatory landscape changed significantly on November 7, 2022, when EPA re-classified these locations from “serious” to “severe” nonattainment with federal air quality standards for ozone. The reclassification (a/k/a “bump-up”) cut in half the emissions-based threshold for several significant air programs. The webinar addressed what happened, who’s impacted, and what impacted facilities may need to do now and/or by impending deadlines. Brian presented the "Ozone Bump-up: What happened, why, and who’s impacted" portion of the program.
In addition to evidence and witnesses being spread across continents — from Chicago to Shanghai to Sumatra — nations’ various rules and traditions governing discovery is another substantial complicating factor. Navigating these complexities requires specialized tools, a thorough understanding of how they do things from jurisdiction to jurisdiction, and how to get your case over hurdles not seen in the U.S.
Cybercrime is forever evolving and on the rise. For organizations around the globe, cyberattacks are no longer an “if” but a “when.” The program offered tips for avoiding a cyberattack, powering through an attack, and managing communications after one has occurred.
The session discussed current claims trends related to MCOs in Federal and State Court including coverage issues.
As part of the Section’s member benefits, complimentary group and committee conference calls focused on current legal topics are hosted regularly. Evan provided an update on the latest RLUIPA case law, offering insight on “the tricky intersection” of federal and local law.
The authors encourage primary care physicians and other clinicians to review their False Claims Act (FCA) compliance policies in the wake of the U.S. Supreme Court’s June decision, which concluded that a party’s subjective belief as to whether an FCA violation occurred is an important factor in determining liability. In what was the highest-profile FCA case in many years, the U.S. Supreme Court issued a unanimous opinion rejecting a pair of decisions that had adopted an “objective” standard for assessing potential FCA malfeasance in the context of pharmacy drug discount programs. Establishing a new precedent, this opinion could have a far-reaching impact affecting cases involving primary care physicians, hospitals, health care systems, and other providers who bill federal health care programs. The authors remind clinicians and health care organizations that their own beliefs about the propriety of billing practices or particular claims could later be relied upon as evidence of knowledge or intent.
The webinar provided an overview of key provisions in managed care contracting. The discussion focused on contracting with an eye on the end game – whether it be arbitration, litigation or other dispute resolution. Using a case study, Nathaniel and Lisa addressed strategic negotiation of key contract terms that are commonly involved, including audit rights and restrictions, payment interruptions, fraud claims, health plan policies and procedures, and the dispute resolution process.
During the program, two attorneys and two economists examined the merits and detractions of the Federal Trade Commission’s (FTC) proposed rule banning most non-compete agreements.
Panelists covered how to identify objections in a succinct and direct manner, learning to comprehensively present arguments for and against the objection, and how to fully preserve the objection arguments for appeal.
The article summarizes legislation signed by Connecticut Governor Ned Lamont on June 27, 2023, Public Act 23-171, “An Act Protecting Patients and Prohibiting Unnecessary Health Care Costs” (“the Act”). The Act, a result of collaboration between the Governor, Legislature, Connecticut Hospital Association and other stakeholders, reflects state efforts to streamline the potentially lengthy Certificate-of- Need (CON) process, and impose more exacting deadlines on the Office of Health Strategy (OHS) in certain circumstances, while also expanding OHS’s ability to investigate and penalize noncompliance with CON laws and CON agreed settlements, and to address complicated health care issues raised in CONs.
Keisha and David co-presented the webinar with Dan Kurowski, CHEFA’s Manager of Program Development. The speakers covered a wide range of topics related to tax compliance of tax-exempt bond issuances, including monitoring private activity, private activity bonds and bond tests, qualified management contracts, and more. Officials from more than 100 CHEFA borrowers, representing healthcare and higher education institutions, attended the webinar.