News

Two New Trauma Service Areas Cross Hospitalization Threshold to Trigger COVID-19 Reopening Rollback

By EsqSocial Corporation 11/01/21

The Texas Department of State Health Services (DSHS) has advised that two additional Trauma Service Areas (TSAs) now have COVID-19-related hospitalization rates high enough to trigger capacity reductions under Governor Greg Abbott’s Executive Orders.

New York Court Declares Embedded Instagram Post to be Fair Use, Further Splintering Treatment of Social Media Embeds

By EsqSocial Corporation 11/01/21

In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post featuring his photograph of tennis player Caroline Wozniacki.

US Supreme Court 2020 Term Preview

By EsqSocial Corporation 11/01/21

The first months of the Supreme Court’s 2020 term have had an aura of fatigue: a nation gripped by the COVID-19 pandemic, a court adjusting to a new colleague and an unusually light caseload (to be argued by telephone).

USDOL’s New Independent Contractor Final Rule is DOA, Or Is It? Not So Fast!

By EsqSocial Corporation 11/01/21

On Thursday, January 7, 2021, the U.S. Department of Labor (“USDOL”) published its long-awaited Final Rule in the Federal Register revising its interpretation of independent contractor (“IC”) status under the Fair Labor Standards Act (“FLSA”).

DOL Issues Final Rule on Proxy Voting by ERISA Plans

By EsqSocial Corporation 11/01/21

The U.S. Department of Labor (the “DOL”) recently issued a final rule (the “Final Rule”) under the Employee Retirement Income Security Act of 1974 (“ERISA”) to clarify plan fiduciaries’ duties with respect to proxy voting and other shareholder activities.

Steady as She Goes: Three Expectations for the Coast Guard in 2021

By EsqSocial Corporation 11/01/21

As the new Biden Administration takes the helm in January 2021, there are great expectations for the next year in terms of consistency and stability at the federal level. Generally, industry can expect the U.S.

Contract Pharmacies and the 340B Drug Discount Program: New Litigation and an Advisory Opinion Point to Ongoing Skirmishes on the 340B Battlefield

By EsqSocial Corporation 11/01/21

On December 11, 2020, five hospital groups, including the American Hospital Association (“AHA”), and an organization of hospital pharmacists representing participants in the 340B drug pricing program (“340B Program”), filed a federal lawsuit (the “340B Program Litigation”) against the U.S.

Kangaroo Court: Data Governance

By EsqSocial Corporation 11/01/21

Never has a robust information governance solution been more important than today. The explosion in new and varied form of data has long required a more sophisticated approach to understanding and managing data. If 2020 taught us anything, it is the need for enterprise-wide digital readiness.

Starting a Business in Texas: Choice of Entity

By EsqSocial Corporation 11/01/21

Business owners in the State of Texas face a lot of tough decisions. Perhaps the most significant of these decisions is the choice of entity the business will utilize while conducting its operations.

Collecting Overpayments from Medicaid Providers

By EsqSocial Corporation 11/01/21

Today we want to address a topic that many state Medicaid agencies will no doubt be thinking about in the coming months, as the COVID-caused pandemic continues to threaten state finances and Congress has somewhat tied states’ hands in responding to increased Medicaid expenditures by prohibiting c

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