The DOL released a new set of Frequently Asked Questions (“FAQs”) on November 6, 2014, which seek to clarify its prior guidance with respect to the treatment of certain premium reimbursement arrangements under the Affordable Care Act (the “ACA”) and which could have a significant impact on how certain employers […]
Publications
HRSA Withdraws 340B Program “Mega-Rule” in Favor of Informal Guidance
After a federal court ruled that the Health Resources and Services Administration (HRSA) did not have statutory authority to promulgate regulations on the 340B Drug-Pricing Program’s orphan drug exclusion, the agency has announced it will instead clarify key 340B policy issues through informal guidance. Prior to that ruling, HRSA planned […]
NLRB Gives Employees Right to Use Employers’ Email for Union Organizing and Anti-Employer Communications
In another effort to support unions, the National Labor Relations Board issued a significant and long-awaited decision yesterday that gives most employees the right to use their employers’ email systems to encourage employees to form and support a labor union. In Purple Communications, Inc., 361 NLRB 126 (December 11, 2014), […]
NLRB Finalizes Quickie Election Rules
Earlier today, the National Labor Relations Board officially announced its “final rule” amending the current union election procedures. The new procedures will be published in the Federal Register on December 15, and will take effect roughly three months from now, on April 14, 2015. According to the Board, the old […]
Clawback Actions In Bankruptcy: Three Ideas for a Defendant
A bankruptcy case gives rise to certain rights under Chapter 5 of United States Bankruptcy Code. Chapter 5 causes of action are typically pursued by a bankruptcy trustee or a debtor-in-possession, a bankruptcy term for a bankrupt in a reorganization bankruptcy who has not been displaced by a trustee. These […]

