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A recent wave of lawsuits is challenging what had been a growing trend of Delaware corporations to include exclusive forum provisions in their bylaws.

For the third time, the COBRA premium subsidy program has been extended, this time through May 31, 2010, under the Continuing Extension Act of 2010 (Act).

Facebook continues to be the new "water-cooler" as co-workers regularly "friend" each other and allow access to their "wall" posts.

Recently, the U.S. Court of Appeals for the District of Columbia Circuit vacated Rule 14a-11 under the Securities Exchange Act of 1934, known as the Proxy Access Rule, promulgated by the Securities and Exchange Commission (SEC) (Business Roundtable and Chamber of Commerce v. SEC, No. 10-1305, July 22, 2011).

The CPCI demonstration will take place in seven different markets across the country. New York's Capital District/Hudson Valley Region is among the seven regions selected by CMS.

Last week’s decision in the off-label promotion case, United States v. Caronia, No. 09-5006-cr (2d Cir. Dec. 3, 2012), is an important blow to the Government’s off-label promotion efforts.

Restrictive covenants in contracts with physicians are generally governed by state common or statutory law.

An explanation why private equity firms with medical device and pharma portfolio companies need to be aware of the new Sunshine Act regulations.

On November 12, 2013, the Securities and Exchange Commission (SEC) announced it had entered into a Deferred-Prosecution Agreement (DPA) with Scott Herckis, a former hedge fund administrator, for his role in an allegedly fraudulent scheme involving Heppelwhite Fund, LP, a Connecticut-based hedge fund. Under the agreement, the SEC agreed to defer charging Herckis with violations of the federal securities laws and Herckis agreed to disgorge $50,000 in fees he received for services provided to the f

On March 2, 2012, a federal district court in South Carolina issued a ruling in "Medical University Hospital Authority vs. Oceana Resorts, LLC", that should cause hospitals and other health care providers to think seriously about the policies and procedures they have in place for pursuing payment for their services, and carefully review the documents they use in admitting patients.

Much has been written about the NLRB’s recent holding in the seminal Costco case that the company’s facially neutral social media policy prohibiting postings on the Internet that damage the Company or any person’s reputation violates Section 8(a)(1) of the Act.

In recent months, we have heard of at least eight, and been involved in three, Department of Labor (DOL) investigations of broker-dealers related to their services to ERISA retirement plans.

In 1679, a little-known French poet named Jean de la Fontaine wrote a fable in which a monkey convinces an unknowing cat to steal chestnuts on the monkey’s behalf.

For the first time in more than ten years, the National Labor Relations Board will have five Senate-confirmed board members and no battles over recess appointments.

In our November 2012 ERISA Litigation Newsletter, we discussed a split among the several federal Courts of Appeals with respect to the ability of employee benefit plans to recover reimbursement for medical expenses paid for participants who are injured by third parties.

On October 22, 2013, an antidumping duty and countervailing duty petition was filed by Mexichem Fluor, Inc. on R-134a gas from China.

The United States Food and Drug Administration recently announced a modification of certain recommendations contained in the November 2010 draft guidance relating to the content, format, and dissemination of Dear Health Care Provider letters communicating important safety information by manufacturers or distributors of medications or biologics.

The Court of Appeals will hear en banc whether corporate officers can be held personally liable for duties and penalties imposed under 19 U.S.C. § 1592.