Monday Morning Regulatory Review: Plan B Relabeling, Organ Donor Guidelines, Medicare Reimbursements
Litigation involving various aspects of Department of Health and Human Services (HHS) regulations and operations dominated the past week with quiet endings.
In Pennsylvania, a non-compete agreement (NCA) must be supported by legal “consideration” in order to be enforceable. If a newly hired employee signs a NCA at the time of hire as a condition of employment, the new job is the consideration for the agreement not to compete in the future.
When asked for advice as to how to avoid the destructive kind of litigation which characterizes a contested estate, many lawyers will probably opt for a well-constructed in terrorem clause –a legal poison pill which threatens a potential contestant with the loss of his or her legacy.
NLRB Has No Authority for Posting Rule: 4th Circuit Joins D.C. Circuit, with Broader Reasoning That the NLRB Exceeded Statutory Authority
The United States Court of Appeals for the Fourth Circuit affirmed a district court judgment that the National Labor Relations Board (NLRB) had no statutory authority to promulgate its Notification of Employee Rights Under the National Labor Relations Act, or “posting rule.”
In Setting Genes Free, Supreme Court Decision Will Put Greater Emphasis On Trade Secret Protection in Biotech
In a decision awaited with considerable trepidation by the biotech world, among others, the Supreme Court Thursday (June 13) handed down its unanimous decision (9-0) in Association for Molecular Pathology v. Myriad Genetics, Inc.
The Medicare Trustees reported encouraging news for seniors: the program is projected to retain its solvency for two years longer than was predicted in 2012.
Between the National Retail Foundation coverage and the national news coverage of President Obama’s statements on patent trolls, every retailer is aware of a growing swell of support for patent reform targeted at stopping the patent troll problem.
With 99 hepatitis A illnesses already being investigated as part of the Costco and Townsend Farms frozen berry blend outbreak, indications from the Centers for Disease Control and Prevention (CDC) are that more than 100 people will be sickened by contamination from this food, which was marketed as a healthy choice.