Articles and Blogs

On May 23, 2022, the U.S. Supreme Court issued a decision that significantly impacts a litigant’s right to compel arbitration and the circumstances that may result in a decision that a litigant has waived its right to compel arbitration. The Case In Morgan v. Sundance, Inc., an hourly employee at a fast food franchise... READ MORE

The Colorado legislature recently passed HB 22-1317, which dramatically revises Colorado’s statute governing covenants not to compete, C.R.S. § 8-2-113. The bill is expected to be signed by Governor Polis in the near future and take effect on August 10, 2022. Roughly half of the text in the noncompete law will be new, and... READ MORE

Effective May 4, 2022, certain foreign nationals who timely filed to renew their Employment Authorization Document (“EAD”) will receive an automatic extension of the period of employment authorization up to 540 days beyond the original expiration date. This is an effort by U.S. Citizenship and Immigration Services (“USCIS”) to temporarily alleviate the current situation... READ MORE

In June of 2021, OSHA published an Emergency Temporary Standard (“ETS”) in order to protect health care and health care support service workers from exposure to COVID-19 while at work. The ETS took immediate effect, though at the time, OSHA requested comments on the specifics of the ETS, including whether it should become permanent.... READ MORE

On Thursday, February 10, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 passed the Senate after previously passing in the House. The bill, which President Joe Biden will reportedly sign, would amend the Federal Arbitration Act and effectively transform how parties resolve allegations of sexual harassment and assault.... READ MORE

The Plaintiff, a board-certified obstetrician and gynecologist, was initially granted clinical privileges at a North Carolina Hospital (the “Hospital”) in 2010. Privileges were granted according to the Medical Staff Bylaws. Notably, in this jurisdiction, the Bylaws “formed a contract” between Plaintiff and the Hospital. In May 2017, Plaintiff was informed that she would not... READ MORE

The Sixth Circuit Court of Appeals recently held that the statute of limitations period for retaliation claims under the False Claims Act (“FCA”) begins to run on the date of the alleged retaliatory event, and not the date the plaintiff discovers the retaliatory event. Case Background In 2008, the plaintiff physician joined a Michigan-based... READ MORE

On January 13, the Supreme Court handed down a pair of decisions on the CMS vaccine mandate rule and the OSHA vaccine-or-test rule. In short, the Court ruled in this opinion that CMS is not prohibited from implementing its vaccine mandate for Medicare-funded facilities (the Interim Final Rule or “IFR”). In a separate opinion,... READ MORE

Because the Wisconsin Department of Health Services (“DHS”) receives federal financial assistance, it must comply with federal civil rights requirements as a recipient of that financial assistance and must ensure that its recipients of the federal financial assistance also comply with federal civil rights laws. Accordingly, any organization that receives funds from DHS to... READ MORE

As 2022 begins, the federal government, as well as some state and local governments, continue to prioritize the importance of anti-discrimination laws. Indeed, in addition to numerous anti‑discrimination laws that went into effect in 2021, many new laws were passed and signed in 2021 to go into effect in 2022. Yet, as these new... READ MORE