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Search OptionsInsightsPlan Sponsors Take Note: New Litigation Brings Attention to Potential Fiduciary Risk for Group Health Plan Sponsors
In a widely publicized lawsuit filed in February of this year, former Johnson & Johnson (“J&J”) employee Ann Lewandowski sued the pharmaceutical giant for allegedly breaching its fiduciary duties under the Employee Retirement Income Security Act of… False Claims Act Jury Verdict Halved as Unconstitutionally Excessive
How much is too much when it comes to damages awards for False Claims Act violations? A district court judge in Minnesota weighed in recently in United States of America ex rel. Fesenmaier v. Cameron-Ehlen Group, Inc. et al., No. 13-cv-3003 (D.… Updated CMS Reporting Requirements for Nursing Facilities
On November 17, 2023, the Centers for Medicare & Medicaid Services ("CMS") issued a Final Rule implementing certain requirements in the Affordable Care Act regarding the disclosure of ownership, managerial and other information for Medicare and… Non-Compete A Non-Option? Consider Garden Leave
Effective post-employment restrictions have fallen into limbo. Several states have banned such restrictions outright, and the FTC has taken steps to eradicate them.1 Most states disfavor noncompete agreements and many impose unpredictable and… New HHS Guidance: Safeguarding Patient Rights in Hospital and Long-Term Health Facility Visitation Policies
On January 25, 2024, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) issued new guidance to U.S. hospitals and long-term care facilities regarding their duties under the Centers for Medicare and… Federal Court of Appeals Lifts Stay of Indiana’s Prohibition on Gender Transition Services to Minors
The Seventh Circuit Court of Appeals recently issued an order permitting enforcement of Indiana’s recently passed prohibition on gender transition procedures for minors. The Indiana Legislature enacted Indiana Code § 25-1-22 (the “Act”) that was… Illinois Employment Alert: Add Paid Leave Policy to Employee Handbook
Effective January 1, 2024, most full-time employees in Illinois are entitled to 40 hours of paid leave annually, to be used for any reason. Illinois now joins Maine and Nevada as the only three states implementing such legislation. The Paid Leave… New Indiana Law Will Clarify How Financial Institutions May Make Changes to Deposit Account Agreements
Indiana House Bill 1284 was signed into law by Governor Eric Holcomb this week and becomes effective on July 1, 2024. This new law provides much needed clarity to Indiana financial institutions seeking to ensure the enforceability of amendments to… Adapting Performance Metrics for Employees on Reduced Schedules for FMLA and Other Protected Leave
A recent federal court decision reminds employers that workers on reduced schedules as part of federally guaranteed leave must have their performance metrics scaled down proportionately. In the case of Wayland v. OSF Healthcare System (No. 23-1541,… Corporate Transparency Act Held Unconstitutional: What This Means for Your Business
The Corporate Transparency Act (“CTA”) has been ruled unconstitutional by the U.S. District Court for the Northern District of Alabama (“Court”) in an opinion issued on March 1, 2024. This ruling raises uncertainty for the approximate 32.6 million… Krieg DeVault Announces 8 Attorneys as 2024 Indiana Super Lawyers; 9 as 2024 Indiana Rising Stars
Krieg DeVault is pleased to announce that 8 attorneys from the firm were named to the 2024 Indiana Super Lawyers listing. The firm had an additional 9 attorneys named to the Indiana Rising Stars list, which is designated for attorneys under the age… Putting the PURPOSE in a Trust: Using a Purpose Trust in a Business Succession Plan
On September 15, 2022, Yvon Chouinard, the founder of the outdoor clothing retailer Patagonia, transferred all his voting stock of the company to a “purpose trust” and his non-voting stock to a private foundation to support environmental causes. Mr.… |
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