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Expert Analysis

• ADA Ruling Uses Low Bar For Rare Employer Meddling Claim

  

  A Pennsylvania federal court's recent decision in U.S. Equal Employment Opportunity Commission v. Geisinger Health should prompt companies to examine whether their policies could violate the Americans With Disabilities Act's rarely invoked Title V prohibition against "meddling" with employees pursuing their ADA rights, say David Rowland and Sarah Bauman at Seyfarth.

• Exculpation Clause Ruling May Dissuade Some Ch. 11 Filings

  

  Highland Capital’s recent bankruptcy ruling narrows the scope of exculpation provisions permissible in the Fifth and Tenth Circuits, which not only reveals another circuit split, but also may discourage large Chapter 11 filings in those circuits and lead to diminished creditor recoveries, say attorneys at Squire Patton.

• Bankruptcy Ruling Is A Warning For Cos. With Foreign Assets

  

  The Seventh Circuit’s recent ruling in Sheehan v. Breccia is a reminder for domestic companies engaged in international business to consider the bankruptcy implications of entering into foreign financing, and highlights the importance of protection from forum selection and choice-of-law clauses, say attorneys at Michael Best.

• What New Data On FCA Enforcement Tells Us

  

  Attorneys at Kramer Levin take a deep dive into False Claims Act litigation data beyond the U.S. Department of Justice’s annual statistics, revealing enforcement trends that emerged from the early days of the Trump administration through the first eight months of Biden's term.

• Jury Verdict For EEOC Highlights Employer ADA Lessons

  

  The U.S. Equal Employment Opportunity Commission recently convinced a Tennessee federal jury that a nursing home violated the Americans with Disabilities Act by terminating an employee who requested Family and Medical Act leave to address anxiety, highlighting several points about disability bias litigation and enforcement for health care employers, says John Bennett at Freeman Mathis.

• University Compliance Programs Need 3 Lines Of Defense

  

  As illustrated by Michigan State University’s recent Title IX compliance failures, higher education institutions must incorporate three key strategies in building effective ethics and compliance programs, focusing especially on proactive and forward-looking practices, say Bradley Dizik and Robert Roach at Guidepost Solutions.

• California Case Offers New Take on Liquidated Damages

  

  The California Court of Appeal's recent decision in Gormley v. Gonzalez appears to break from well-established precedent that liquidated damages provisions in settlement agreements are unenforceable penalties — and provides hints for practitioners on crafting more robust liquidated damages clauses going forward, say Alexander Safyan and Jon-Jamison Hill at Michelman & Robinson.

• Addressing Potential Perils In Algorithmic Health Tech

  

  In light of recent legislative and executive enforcement activity in California targeting algorithmic technology in health care, health providers should address bias and other downstream impacts of this technology in order to avoid liability, say Gayland Hethcoat and Candace Sandoval at ArentFox Schiff.

• Cannabis Cos. Must Brace For Emerging Product Risks

  

  A new breed of lawsuit that relies on emerging research linking high-THC products to cardiovascular conditions, mental health issues and other susceptibilities may result in enormous liability for which cannabis and hemp companies are currently unprepared, say attorneys and risk managers at Wilson Elser and National Cannabis Risk Prevention Services.

• Insurance Perils For Health Providers Using 3D-Printing Tech

  

  As the medical polymer market quickly grows amid burgeoning demand for the 3D printing of medical devices, a recent case involving liability for a 3D-printed dental implant surgery exposes the potential gap in medical malpractice and product liability coverage for health care professionals designing and using these products, says Paul Farquharson at Semmes.

• Ohio Workers' Suit Could Distort RICO And Trafficking Laws

  

  An Ohio federal court case over employment contract provisions — Carmen v. Health Carousel — may dramatically expand the scope of trafficking laws and the Racketeer Influenced and Corrupt Organizations Act, which could put ordinary employment disputes under the purview of statutes meant to target organized crime and forced labor, says Noah Peters at Brewer, Attorneys & Counselors.

• 7th Circ. Ruling Shows Value Of Thorough Debtor Notices

  

  The Seventh Circuit recently decided to affirm a bankruptcy court's rejection of a USA Gymnastics member’s claim that she wasn't properly notified of a deadline, highlighting that the more comprehensive a debtor’s notice efforts are, the easier it will be to enforce bankruptcy court’s orders later on, says Katherine Preston at Winston & Strawn.

• 6 Tax Considerations For Life Sciences Collaboration Deals

  

  Given recent IRS guidance and changes to certain tax rates and deductions, biotech and life sciences companies entering into collaboration agreements should assess several unique taxation issues affecting matters ranging from research and development expenditures to profit-sharing terms, say attorneys at Orrick and Andersen Tax.