Client Alerts

New COVID-19 Legislation Provides Partial Plan Termination Relief The funding bill passed by Congress in late December 2020 included temporary relief from partial plan terminations for sponsors of qualified retirement plans if certain conditions are met1. The law is intended to help plan sponsors with temporarily reduced workforces due to the COVID…

YEAR END CHANGES IN IP LAW The Consolidated Appropriations Act, 2021, signed December 27, 2020, included several provisions changing copyright and trademark law. It will now be easier: to sue for copyright infringement involving smaller damages amounts; to register trademarks despite existing trademark registrations for marks that are not actually …

SCOTUS BRINGS THE HAMMER DOWN ON PHARMACY BENEFIT MANAGERS In a blow to pharmacy benefit managers (PBMs), the Supreme Court last week reversed the Eight Circuit’s affirmation of a District Court’s ruling that the Employee Retirement Income Security Act of 1974 (ERISA) pre-empted an Arkansas law designed to impose regulations on and prohibit cer…

Don’t Let the Stars Blind You to Intellectual Property As a science fiction fan and IP attorney, I always enjoy exploring the intersection of science fiction and copyright or trademark law. Someone may believe a successful storyline is too similar to their preexisting (but less successful) work (copyright infringement) or their attempt to par…

Noncompetition Provisions in Physician Employment Agreements Following Farber Without a doubt, one of the most contentious issues that can arise out of a physician employment agreement is the enforceability of a noncompetition provision. Such provisions are routinely included in employment agreements offered to prospective hires, but they are seldo…

Updated Elder Care Visitation Guidance On July 28, 2020, Arizona Governor Doug Ducey announced the formation of the Task Force on Long Term Care (the “Task Force”). The Task Force, made up of various facility operators, family members, elder-care advocates and government officials, met weekly to come up with recommendations as to how and under …