Articles and Blogs

The U.S. Department of Labor (“DOL”) Wage and Hour Division has updated its FMLA forms in order to make them more usable and streamlined after receiving substantial input from employers, industry associations, individual employees, worker advocacy groups, law firms and other interested members of the public. The DOL also announced that it would be seeking…Read More

On July 16, 2020, Blackbaud, a software company that serves nonprofit organizations, began notifying its clients of a May 2020 ransomware attack that potentially compromised individually identifiable information of individuals related to those clients. We are working with multiple clients on this matter, most of whom utilized Blackbaud in relation to their charitable foundations. If…Read More

On July 14, 2020, the Internal Revenue Service (the “IRS”), in response to the ongoing COVID-19 pandemic, issued Notice 2020-56 (the “Notice”) further postponing to December 31, 2020, the deadline for tax-exempt hospital organizations to complete a Community Health Needs Assessment (“CHNA”) and adopt an implementation strategy to meet the community health needs identified through…Read More

On July 9, 2020, the Wisconsin Supreme Court held that the Wisconsin Department of Health Services’ (“DHS”) recoupment policy requiring ‘perfection’ in documentation was invalid and unenforceable. In Kathleen Papa and Professional Homecare Providers, Inc. v. DHS, 2020 WI 66, the Court clarified that DHS has the authority to recoup payments only when the provider’s…Read More

In an effort to ensure that skilled nursing homes (“SNFs”) can quickly and regularly test residents and staff for COVID-19, HHS announced the procurement of U.S. Food and Drug Administration authorized rapid point-of-care diagnostic test instruments and tests to be distributed to SNFs. HHS intends to initially distribute antigen testing instrument systems and tests to…Read More

On June 25, 2020, the Wisconsin Court of Appeals struck down a state statute permitting police to order warrantless blood draws from incapacitated drivers in State of Wisconsin v. Dawn M. Prado. This holding follows a U.S. Supreme Court ruling during the 2018 term that left unsettled whether Wisconsin’s implied consent law satisfies the Fourth…Read More

On July 1, 2020, the U.S. District Court for the Central District of Illinois granted summary judgment in favor of a number of pharmacy defendants who argued that they could not be liable under the False Claims Act (“FCA”) because their interpretation of an applicable law was objectively reasonable, though incorrect, at the time that…Read More

On June 30, 2020,  the Antitrust Division of the Department of Justice (“DOJ”), along with the Federal Trade Commission (“FTC”) issued a finalized version of their new Vertical Merger Guidelines (the “Guidelines”). The Guidelines do not institute many significant changes to the enforcer’s approach to analyzing vertical mergers but rather attempt to memorialize the agencies’…Read More