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  • Article

    When A Discount May Be A Kickback

    Healthcare providers of all kinds have traditionally relied upon discounts as a legitimate means of attracting patients and commercial clients without running afoul of the federal anti-kickback statute (AKS).
    United StatesFood, Drugs, Healthcare, Life Sciences
    Akerman LLP
    Akerman LLP
  • Article

    UPDATE: Nationwide Injunction Halts Corporate Transparency Act Enforcement

    On December 3, 2024, the U.S. District Court for the Eastern District of Texas in the case of Texas Top Cop Shop, Inc., et. al v. Merrick Garland issued a nationwide preliminary injunction against the enforcement.
    United StatesCorporate/Commercial Law
    Akerman LLP
    Akerman LLP
  • Article

    No Surprises Here – Portions Of The No Surprises Act Regulations Invalidated

    The No Surprises Act (the Act) continues to bump through its initial implementation phase. As we discussed in our prior blog, out-of-network physicians and facilities (OON Providers)...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Akerman LLP
    Akerman LLP
  • Article

    Sexual Harassment Complainants Guaranteed Their Day In Court – Employers Beware The Implications

    Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media.
    United StatesEmployment and HR
    Akerman LLP
    Akerman LLP
  • Article

    Office Of The U.S. Trade Representative Initiates Section 301 Investigation On Nicaragua Relating To Labor And Human Rights

    On December 10, 2024, U.S. Trade Representative Katherine Tai initiated a Section 301 investigation on Nicaragua relating to labor rights, human rights, and the rule of law.
    United StatesInternational Law
    Akerman LLP
    Akerman LLP
  • Article

    Hold The Presses – Whiplash – Fifth Circuit Court Of Appeals Reverses And Reinstates Nationwide CTA Preliminary Injunction

    On December 26, 2024, a separate panel of the Fifth Circuit Court of Appeals (Appeal Panel) vacated its earlier order lifting (Fifth Circuit Motion Panel) the nationwide preliminary injunction...
    United StatesCorporate/Commercial Law
    Akerman LLP
    Akerman LLP
  • Article

    New York City's Industrial And Commercial Real Estate Tax Abatement Program Extended To 2029

    New York Governor Kathy Hochul signed the bill on extending the Industrial and Commercial Abatement Program (ICAP) for an additional four years...
    United StatesReal Estate and Construction
    Akerman LLP
    Akerman LLP
  • Article

    UPDATE: FinCEN Alerts That CTA Reporting Is Voluntary While Preliminary Injunction Remains In Effect

    On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc., et al. v. Garland, temporarily suspending enforcement.
    United StatesCorporate/Commercial Law
    Akerman LLP
    Akerman LLP
  • Article

    USPTO: Over Half Of Applications/Declarations Studied Over-Claim Covered Goods/Services

    It has been the practice of some brand owners to include more goods in a use-based trademark application or declaration than were actually being used.
    United StatesIntellectual Property
    Akerman LLP
    Akerman LLP
  • Article

    It's All Over But The Crying: Damages For Emotional Injuries Not Available Under Certain Anti-Discrimination Statutes

    The Supreme Court has now decided the issue, holding that emotional injuries are not recoverable under either the Rehab Act or ACA.
    United StatesLitigation, Mediation & Arbitration
    Akerman LLP
    Akerman LLP
  • Article

    Duties Not Dollars: Texas Court Invalidates DOL's Overtime Rule Before Anticipated January 1, 2025 Salary Level Increase

    With the upcoming change in administration, we expected that the U.S. Department of Labor's (DOL) 2024 Overtime Rule ultimately would be cast aside, but the timing of the January 1, 2025 salary level increase.
    United StatesEmployment and HR
    Akerman LLP
    Akerman LLP
  • Article

    Thousands Of COVID-Related EEOC Charges Filed; More To Come?

    Employers should be prepared: while COVID may feel like it's on the wane, COVID-related charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) are on the rise.
    United StatesEmployment and HR
    Akerman LLP
    Akerman LLP
  • Article

    NYC Department Of Finance Accepting FY 2025-2026 ICIP And ICAP Renewals Until January 5, 2025

    The New York City Department of Finance requires that properties receiving benefits under the Industrial Commercial Incentive Program (ICIP) and the Industrial Commercial Abatement Program (ICAP).
    United StatesReal Estate and Construction
    Akerman LLP
    Akerman LLP
  • Article

    FTC Imposes Record "Gun Jumping" Penalty For Illegal Pre-Merger Conduct

    The Federal Trade Commission (FTC) announced a historic settlement involving crude oil producers XCL Resources Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun)...
    United StatesAntitrust/Competition Law
    Akerman LLP
    Akerman LLP
  • Article

    U.S. Supreme Court Holds Healthcare Entities Not Liable For Emotional Injury Damages Under Certain Anti-Discrimination Statutes

    Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Akerman LLP
    Akerman LLP
  • Article

    2025 Adjustments To HSR Act Thresholds, HSR Filing Fees, Interlocking Directorates Safe Harbor, And Maximum Civil Penalties

    The Federal Trade Commission (FTC) has announced its annual adjustment to the thresholds for pre-merger notification filings under the Hart‐Scott‐Rodino Antitrust Improvements Act of 1976 (HSR).
    United StatesAntitrust/Competition Law
    Akerman LLP
    Akerman LLP
  • Article

    Employee Terminations: Breaking Up Is Hard To Do

    Firing an employee can be much like breaking up with a significant other– stressful, messy, and awkward. No one wants to be the "bad guy," and oftentimes it feels kinder to sugarcoat...
    United StatesEmployment and HR
    Akerman LLP
    Akerman LLP
  • Article

    A Cautionary Tale For Recruiters

    Unprecedented levels of employee attrition and turnover are forcing employers to pull out all the stops in attracting—and retaining—top talent.
    United StatesEmployment and HR
    Akerman LLP
    Akerman LLP
  • Article

    Year-End Watch List: Possible Simplification To Employer Group Health Plan Reporting

    2024 might almost be over, but the Senate recently passed two bills that are intended to ease at least some employer burdens under the Patient Protection and Affordable Care Act (ACA) moving forward.
    United StatesEmployment and HR
    Akerman LLP
    Akerman LLP
  • Article

    Cannabis Reform Ballot Initiatives Take A Hit In 2024 Election

    The results are in, and the industry is only batting .250 (if that). This year's election provided voters with the opportunity to weigh in on three adult-use ballot initiatives in Florida, North Dakota.
    United StatesCannabis & Hemp
    Akerman LLP
    Akerman LLP

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