Publications
President Biden Announces, “Path Out of the Pandemic” With New Employer Mandates

President Biden Announces, “Path Out of the Pandemic” With New Employer Mandates

On September 9, 2021, President Biden directed the Department of Labor’s Occupational Safety and Health Administration (OSHA) to develop a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any unvaccinated workers to produce a negative test on a minimally weekly basis prior to...

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M&A Market is Still Hot—For Now

M&A Market is Still Hot—For Now

By: Kathryn M. Blom The M&A market has been booming, with the last five years moving at a head-spinning pace. COVID-19 may have momentarily dampened the market, but the fourth quarter of 2020 rebounded to be the strongest quarter in recent memory. 2021 is setting up to look even stronger, but all good things come to an end. Eventually. Given...

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Costly Mistakes Employers Make with Their Non-Competition Agreements. Plus:  Looking Ahead to Biden’s Push to Increase Competition

Costly Mistakes Employers Make with Their Non-Competition Agreements. Plus: Looking Ahead to Biden’s Push to Increase Competition

By: Laurie E. Meyer Many employers utilize “restrictive covenant” agreements (such as non-compete agreements, non-solicitation agreements, and non-disclosure agreements) to protect their confidential information, customer relationships, trade secrets or other intellectual property, and to otherwise prevent unfair competition.  This article will...

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New CMS Regulation Will Require Vaccination for Nursing Home Staff

New CMS Regulation Will Require Vaccination for Nursing Home Staff

By: Anne V. O'Meara and Laurie E. Meyer On August 18th, President Biden announced that his Administration will require nursing homes to mandate staff to be vaccinated against COVID-19 as a condition for facilities to receive funding from Medicare and Medicaid. This new requirement would apply to nearly 15,000 nursing home facilities, which employ...

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President Biden Announces, “Path Out of the Pandemic” With New Employer Mandates

Long COVID and Mental Health Considerations Moving Forward

On July 26, 2021, the Department of Justice (DOJ) and Department of Health and Human Services (DHS) issued guidance defining “long COVID” and listing the condition as a disability under the Americans with Disabilities Act (ADA) Section 504 of the Rehabilitation Act (Section 504) and Section 1557 of the Affordable Care Act (Section 1557).  The...

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Corporate Transparency Act and its Impact on Your Business

Corporate Transparency Act and its Impact on Your Business

On January 1, 2021, Congress passed the Corporate Transparency Act (the “CTA”), which requires all entities formed in or registered to do business in the United States to report beneficial ownership information to the Financial Crimes Enforcement Network (“FinCEN”), subject to some exceptions, by no later than January 1, 2022. Although the CTA...

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U.S. Bill Would Require More Staffing and Curtail Arbitration in Nursing Homes

U.S. Bill Would Require More Staffing and Curtail Arbitration in Nursing Homes

Nursing homes would face minimum staffing requirements and a prohibition on pre-dispute arbitration agreements, among other significant potential changes included in legislation introduced last week by a group of Democratic senators. The bill would also explore future possibilities for smaller, more private nursing homes. The Department of Health...

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U.S. Bill Would Require More Staffing and Curtail Arbitration in Nursing Homes

CMS Reinstates Per-day Fines for Noncompliance in Long-term Care

By: Alec Dobson Long-term care facilities face increased potential for daily fines for non-compliance, rather than single fines, under recent action by the Centers for Medicare & Medicaid Services. Daily fines had been more common until the Trump Administration, in July 2017, instructed regulators to typically impose civil monetary penalties...

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Why “Red Teaming” is Critical When Selling a Business

Why “Red Teaming” is Critical When Selling a Business

The military spends a lot of time planning, updating plans, scrapping plans and replanning. If you’ve ever served, you can attest to the amount of time and effort required to nail down every variable that is considered and planned for to achieve an objective. In many ways, your company is like the military. You spend time and effort creating...

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