News

Top 3 Employee Mobility and Restrictive Covenant Issues to Watch For in 2021

By EsqSocial Corporation 18/01/21

With 2020 finally in our rearview mirror, we can begin to look ahead to a promising and prosperous 2021.

The ABCs of Independent Contractor Classification: California Supreme Court Holds Strict Independent Contractor Test Applies Retroactively

By EsqSocial Corporation 18/01/21

On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. Vazquez v. Jan-Pro Franchising International, Inc. (SC S258191 1/14/21).

ITC Threat for Gaming Companies Grows with PTAB Discretionary Denials

By EsqSocial Corporation 18/01/21

While most patent disputes involving gaming companies are located in district courts, the ITC remains a viable option for at least some gaming disputes, where a patent owner can have the U.S. government bar importation of products found to infringe.

340B Administrative Dispute Resolution Goes Live Amid a Flurry of 340B Litigation

By EsqSocial Corporation 18/01/21

The U.S. Department of Health and Human Services (HHS) Health Resources and Services Administration’s (HRSA) long-awaited administrative dispute resolution (ADR) final rule went into effect last week, on January 13, 2021.

Coverage of Routine Clinical Trial Costs Under the Medicaid Program

By EsqSocial Corporation 18/01/21

Right before the new year, we told you about some of the Medicaid-related provisions of the COVID relief package that was recently signed into law by President Trump.

EEOC Proposed Wellness Regulation Restricts Incentives For Voluntary Programs But Offers Path For Programs That Satisfy ACA Standard

By EsqSocial Corporation 18/01/21

On January 7th, the EEOC released proposed new regulations under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) for employer-offered wellness programs.

Supreme Court Declines to Resolve Whether Its Bristol-Myers Squibb Decision Applies to Class Actions

By EsqSocial Corporation 18/01/21

The Supreme Court recently declined to review the Seventh Circuit’s ruling in Mussat v. IQVIA, Inc., 953 F.3d 441 (7th Cir. 2020), which found that the logic of Bristol-Myers Squibb Co. v.

COVID-19 Testing and Vaccination of Employees in France

By EsqSocial Corporation 18/01/21

On December 20, 2020, the French government published a circular detailing the practical rules employers need to follow in order to test employees for COVID-19 now that tests for the virus are more available.

Price Gouging Weekly Round Up - January 2021

By EsqSocial Corporation 18/01/21

Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....

New Limited Remuneration Exception and Additional Tools to Ensure Compliance with the Stark Law

By EsqSocial Corporation 18/01/21

The Situation: On November 20, 2020, the Centers for Medicare & Medicaid Services ("CMS") released the long-awaited final rule to modernize and clarify the Stark Law.

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