The desire of a parent to relocate to another state and take the children along is one of the most challenging forms of custody case lawyers and clients can face. When this law began to evolve in the 1990s with Gruber v. Gruber, 583 A.2d 434 the Superior Court took the approach that if a move was advantageous for the primary custodial parent, it was probably in the best interest of the children as well. Ironically, that case … Read the rest
This month, the Centers for Medicare & Medicaid Services (CMS) has begun an off-cycle revalidation process directed at all Medicare-participating skilled nursing facilities (SNFs). The process is designed to implement provisions of the Affordable Care Act (ACA) that require facilities to detail their ownership structures and key managerial personnel.
CMS is seeking information about ownership of SNFs by private equity firms and real estate investment trusts (REITs). In September, CMS revised Form 855A to require a SNF to report those … Read the rest
As someone who worked in the KM trenches for years, I have repeatedly watched legal tech companies promise to tame the wild west of documents residing in law firm Document Management Systems (DMS). Over the years I implemented or worked with a variety of KM solutions from Lexis, West and smaller software companies. Recently the dominant DMS providers iManage and Netdocs have launched AI enabled drafting solutions
This past July Lexis completed the acquisition of Henchman, a Belgium based legal … Read the rest
The right to disconnect has been in the media a lot. But if we look behind the headlines, what impact is it actually going to have?
The new laws give employees a limited right to ignore work-related contact outside of working hours. This right is limited by what is reasonable. It does not:
- outlaw reasonable out-of-hours contact; or
- give employees rights to unreasonably ignore work-related communications.
Given the Fair Work Act 2009 (Cth) has always prohibited unreasonable additional work outside … Read the rest
The Securities and Exchange Commission (SEC) has recently disclosed two settled enforcement actions against Prager Metis CPAs, an audit firm linked to FTX, the now-defunct crypto trading platform. The firm’s founder and former CEO, Sam Bankman-Fried, is currently in custody alongside Sean “Diddy” Combs at the Metropolitan Detention Center in Brooklyn. These enforcement actions highlight three important considerations for auditors and accountants: the SEC’s stance on auditor independence, the qualifications of individuals conducting audits in emerging sectors and the significance … Read the rest
Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the FTC’s rule banning the vast majority of non-competes (the “Rule”). In that decision, Judge Brown reasoned—just as she had in her order on the plaintiffs’ motion to stay and enjoin the Rule—that the FTC violated the APA because it “exceeded its … Read the rest
The title of this post is the title of this new paper authored by Laura Rovner now available via SSRN. Here is its abstract:
… Read the restThe harms of solitary confinement have been well-documented for centuries, yet the practice persists. Despite recent efforts to reform the use of solitary confinement in certain states and localities, over 120,000 people are currently confined in solitary conditions in American prisons and jails. In part, America’s addiction to solitary remains incurable because the doctrine governing whether
In 2024, healthcare employers have faced several new challenges and developments regarding traditional labor obligations. Unions are becoming more prominent in healthcare, including by unionizing doctors at unprecedented rates and by becoming more involved in government-funded projects. At the same time, federal agencies are imposing significant new labor obligations on healthcare employers, regardless of whether or not they have unions representing their employees. While the Federal Trade Commission’s non-compete rule has garnered major attention (as we discussed further here and … Read the rest