ArticleHow To Draft Strong Noncompetes And Restrictive CovenantsBalancing business protection with enforceability across diverse—and rapidly changing—laws...United StatesEmployment and HRBass, Berry & Sims PLC
ArticleHHS Proposes Rule To Establish Disincentives For Healthcare Providers That Engage In Information BlockingIn 2020, when the U.S. Department of Health and Human Services (HHS) published its Final Rule to implement the information blocking prohibitions of the 21st Century Cures Act...United StatesFood, Drugs, Healthcare, Life SciencesBass, Berry & Sims PLC
ArticleSpecial Fraud Alert: Speaker Programs – If It's Too Good To Be True, It Probably IsOn November 16, the Department of Health and Human Services Office of Inspector General (OIG) took a shot across the bow of the healthcare industry when it published a Special Fraud Alert...United StatesFood, Drugs, Healthcare, Life SciencesBass, Berry & Sims PLC
ArticleIs The Third Time The Charm? The EU-US Data Privacy FrameworkOn July 10, the European Commission issued an adequacy decision on the EU-US Data Privacy Framework (DPF), ensuring adequate protection...GlobalPrivacyBass, Berry & Sims PLC
ArticleColorado Enacts "Mini-HSR" Law, Joining Growing State-Level Premerger Filing TrendOn June 4, Colorado became the second state to adopt the Uniform Antitrust Premerger Notification Act (Act) when Governor Jared Polis signed SB25-126 into law. Like Washington's version of the Act...United StatesAntitrust/Competition LawBass, Berry & Sims PLC
ArticleSafer Federal Workforce Task Force Effectively Halts Federal Contractor Vaccine MandateThe update detailed that President Biden will issue an EO rescinding the COVID-19 vaccination mandates, effective 12:01 a.m. on May 12, 2023.United StatesCoronavirus (COVID-19)Bass, Berry & Sims PLC
ArticleMaximizing The Value Of Equity For EmployeesFor many employees, equity – as a component of their compensation package – is as valuable to them as their ability to access the equity's value. For private companies, valuation and tax issues present unique...United StatesCorporate/Commercial LawBass, Berry & Sims PLC
ArticleNo Action Relief Alert: Issuance Of SLB 14M And Rescission Of SLB 14LOn February 12, the Staff (Staff) at the Securities and Exchange Commission (SEC) issued Staff Legal Bulletin No. 14M (SLB 14M). Among other matters, SLB 14M rescinds Staff Legal Bulletin No. 14L (SLB 14L)...United StatesCorporate/Commercial LawBass, Berry & Sims PLC
ArticleRecyclable K-Cups: Investors Beware?On September 10, the Securities and Exchange Commission (the Commission or SEC) charged Keurig Dr Pepper Inc. (Keurig) for making inaccurate statements about the recyclability of its K-Cup single-use beverage pods.United StatesCorporate/Commercial LawBass, Berry & Sims PLC
ArticleSBA Finalizes Rule Changes To Boost Critical Mineral & Tech Investments And Streamline License ApplicationsOn January 2, the Small Business Administration (SBA) published a final rule to implement its Notice of Proposed Rulemaking from July 7, 2025 that was intended to remove regulations...United StatesCorporate/Commercial LawBass, Berry & Sims PLC
ArticleSEC Expands Accommodations For Its Confidential Registration Statement Review Process, Increasing Flexibility For IssuersOn March 3, the United States Securities and Exchange Commission (SEC) issued guidance expanding its policies related to its confidential Draft Registration Statement (DRS)...United StatesCorporate/Commercial LawBass, Berry & Sims PLC
ArticleDOL Announces Enforcement Position On Independent Contractor RuleOn May 1, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin announcing that the Wage and Hour Division (WHD) will no longer enforce the 2024 independent contractor...United StatesEmployment and HRBass, Berry & Sims PLC
ArticleEEOC Rescinds 2024 Guidance On Harassment In The WorkplaceOn January 22, the Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, No. 915.064 (the 2024 Guidance)...United StatesEmployment and HRBass, Berry & Sims PLC
ArticleFTC Issues Letters To Healthcare Employers Regarding Non-Compete AgreementsAlthough the Federal Trade Commission (FTC) announced on September 5 that it was ending its appeals of decisions in the Fifth and Eleventh Circuits...United StatesEmployment and HRBass, Berry & Sims PLC
ArticleNLRB Issues New Rule Broadening Joint-Employer StatusThe National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA).United StatesEmployment and HRBass, Berry & Sims PLC
ArticleSupreme Court – Same Burden Of Proof Applies To All Plaintiffs In Title VII Discrimination Claims, Removing Greater Burden For "Reverse Discrimination" ClaimsOn June 5, the U.S. Supreme Court issued a unanimous decision, overruling the Sixth Circuit's "background circumstances" rule...United StatesEmployment and HRBass, Berry & Sims PLC
ArticleTennessee Pregnant Workers Fairness Act Covered employers include those with 15 or more employees. United StatesEmployment and HRBass, Berry & Sims PLC
ArticleCMMI Announces New StrategyAfter months of signaling that a new strategy was in the works, on May 13, 2025, the Centers for Medicare & Medicaid Services (CMS) released a new strategic direction for the CMS Center...United StatesFood, Drugs, Healthcare, Life SciencesBass, Berry & Sims PLC
ArticleCMS Announces Change Healthcare/Optum Payment Disruption (CHOPD) Accelerated Payments To Part A Providers And Advance Payments To Part B SuppliersRecognizing the ongoing impact of the cyberattack experienced by Change Healthcare/Optum on February 21, 2024, the Centers for Medicare & Medicaid Services (CMS) announced over the weekend...United StatesFood, Drugs, Healthcare, Life SciencesBass, Berry & Sims PLC
ArticleHospital Faces Serious Patient Lawsuits Stemming From Drug DiversionAt least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse.United StatesFood, Drugs, Healthcare, Life SciencesBass, Berry & Sims PLC