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DOL Finalizes Rule Clarifying Franchising and Joint Employment

The Department of Labor (DOL) has issued its final rule regarding the relationship between franchisor and franchisee, with respect to possible joint employment status under the Fair Labor Standards Act (FLSA). Namely, they have clarified that the existence of a franchising relationship does not make the franchisor more or less likely to be a joint employer. Instead, they have affirmed a set of criteria that, considered as a whole, is determinative of whether joint employment exists or not. Continue reading “DOL Finalizes Rule Clarifying Franchising and Joint Employment”

CMS Issues Final Rule on Hospital Price Transparency

The Center for Medicare and Medicaid Services (CMS) has issued a final rule that will require all hospitals to make their pricing information publicly available. The rule is set to go into effect on January 1, 2021 and will require every hospital to publish the pricing information for all of their health care services on their websites. The rule was created with the intent of driving competition and increasing price transparency, while protecting patients from unexpected charges that could burden them with medical debt. Continue reading “CMS Issues Final Rule on Hospital Price Transparency”

Former Nissan Executive Ghosn Escapes House Arrest, Flees to Lebanon

stock chartCarlos Ghosn, a former executive at auto manufacturer Nissan, has fled to Lebanon after apparently escaping house arrest in Japan. Ghosn was arrested in 2018 after, it was alleged, he committed numerous financial crimes, including misusing company assets and embezzling company money for his own personal investments. The exact details of his escape remain unclear, but his flight to Lebanon has made it unlikely he will return to face prosecution in Japan. Continue reading “Former Nissan Executive Ghosn Escapes House Arrest, Flees to Lebanon”

Swiss President Declares Facebook Libra Cryptocurrency “Failed”

Facebook thumbs-downFacebook’s new proposed cryptocurrency, known as Libra, has faced numerous hurdles in the lead up to its launch sometime in 2020. Among those hurdles has been the inability to convince a single country’s central bank to accept Libra, making it unlikely that the cryptocurrency will be able to be used as an actual currency. This led Ueli Maurer, the President of Switzerland, to declare Libra had “failed” in its current form. Continue reading “Swiss President Declares Facebook Libra Cryptocurrency “Failed””

Fifth Circuit Affirms ACA Individual Mandate is Unconstitutional

U.S. ConstitutionThe Fifth Circuit of the United States Court of Appeals has affirmed a district court ruling in part that says the individual mandate of the Affordable Care Act (ACA) is unconstitutional. While the district court went further to argue that the entire ACA, more colloquially known as Obamacare, was unconstitutional, the Fifth Circuit narrowly ruled on the constitutionality of the individual mandate. It then remanded the case back to the district court to determine what provisions, if any, were severable from the individual mandate. Continue reading “Fifth Circuit Affirms ACA Individual Mandate is Unconstitutional”

Google Faces Scrutiny Over Healthcare Data Sharing

laptop with Google on screenGoogle is facing legal scrutiny after a whistleblower revealed the tech company was collecting the healthcare data of millions of Americans as part of a partnership with Ascension Health, a large Catholic health care provider. In an initiative called “Project Nightingale,” Google gained access to information on as many as 50 million Americans, including details such as their names, addresses, birth dates, and full medical history. Critics are concerned about the purposes to which Google might put the data they collect, and whether they are complying with privacy laws to protect patient data. Continue reading “Google Faces Scrutiny Over Healthcare Data Sharing”

WeWork Evicted from Midtown Office

gate with chain and padlockWeWork, the largest commercial real estate tenant in New York City, has been evicted from its offices in Midtown South after allegedly violating the terms of its lease. The eviction is the latest in a series of troubling stories surrounding the company, which received a major shakeup after it began a corporate restructuring this past summer. This, combined with major financial troubles and the recent exit of its CEO, has left the well-being of WeWork in question.
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Considerations for Purchasing Commercial Real Estate

House for SaleBuying real estate is always a stressful prospect. For most people, a purchase of a home is the single largest purchase they will ever make. However, people who are looking for a place to run their business out of may find that finding the right piece of commercial real estate can be just as stressful as finding the right home, if not more so. Continue reading “Considerations for Purchasing Commercial Real Estate”

Garrett Motion Sues Former Parent Company Over Asbestos Liability

asbestosGarrett Motion, a former subsidiary of Honeywell International, Ltd., is suing Honeywell over an indemnification agreement it signed prior to being spun off from Honeywell. The indemnification agreement requires Garrett to indemnify Honeywell against costs and liabilities related to car brakes Honeywell once manufactured that contained asbestos. Garrett claims the agreement is unlawful and has decided to sue after nearly a year of unsuccessful negotiations with Honeywell. Continue reading “Garrett Motion Sues Former Parent Company Over Asbestos Liability”

Avoiding a Conflict of Interest

conflict of interestAs a company grows larger, it acquires more assets, more employees, and a larger share of the market. However, that same increase in size also brings with it many additional complications, especially when it comes to the people who run the company. With many directors, officers and executives holding investments in other companies, or even positions in other companies, it’s very easy to wind up with a conflict of interest. Continue reading “Avoiding a Conflict of Interest”