Epstein Becker & Green, P.C.

Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. Founded in 1973 as an industry-focused firm, Epstein Becker Green has decades of experience serving clients in health care, financial services, retail, hospitality, and technology, among other industries, representing entities from startups to Fortune 100 companies. Operating in locations throughout the United States and supporting domestic and multinational clients, the firm’s attorneys are committed to uncompromising client service and legal excellence.

Video: OSHA ETS on Hold, Retaliation Claims Increase, “Vaccination Ambassadors” – Employment Law This Week

By Epstein Becker & Green, P.C.

April 14, 2021

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As featured in #WorkforceWednesday: This week, employers continue waiting on OSHA’s COVID-19 emergency temporary standard as retaliation claims rise. Video: YouTube, Vimeo.…

Workforce Bulletin

Alston v. Spiegel: A Reminder That Sanctions May Provide Employers with a Tool to Deter Frivolous Suits

By Francesco A. DeLuca & Gregory C. Keating

April 9, 2021

The Federal Rules of Civil Procedure are intended to promote the “just, speedy, and inexpensive determination” of lawsuits. For companies defending baseless employment claims, those words may feel like an empty promise. The First Circuit’s recent decision in Alston v. Spiegel sanctioning an attorney for filing frivolous discrimination and retaliation claims, however, reminds employers that there are strategies for deterring such claims Facts In late 2015, attorney Brooks Ames filed a complaint on behalf…

Health Law Advisor

Florida Legislature Provides COVID-19 Liability Protection for Health Care Providers

By Chris M. Morrison & Robert R. Hearn

April 9, 2021

At the end of March, Florida joined the roster of states that have erected legal shields for health care providers against COVID-19-oriented liability claims. Concerned about uncertainty surrounding the emergency measures taken in response to COVID-19 and the effects that lawsuits could have on the economic recovery and the ability of health care providers to remain focused on serving the needs of their communities, the Florida Legislature passed CS/SB 72 on March 29, 2021. Governor…

Workforce Bulletin

The Eleventh Circuit Finally Breaks Its Silence on Website Accessibility – but Was Its Decision Worth the Wait?

By Joshua A. Stein & Shira M. Blank

April 8, 2021

After keeping us waiting with baited breath for several years, the Eleventh Circuit finally broke its silence – issuing its long-anticipated ruling in Gil v. Winn-Dixie Stores, holding that websites are not covered as places of public accommodation under Title III of the Americans with Disabilities Act (“Title III” or “ADA”). In doing so, the Court reversed and vacated the district court’s decision finding that defendant, Winn-Dixie Stores, violated Title III by failing to…

Management Memo

NLRB Holds Arbitration Agreements Can Remain Confidential—for Now

By Adam S. Forman & Kyle D. Winnick

April 8, 2021

Confidential arbitration agreements between employers and their employees are commonplace. Employers favor such agreements for many reasons, including preserving privacy and allowing legitimate claims to be either settled or litigated based on their merits, rather than the threat of public embarrassment or high defense costs. Employees, too, may value the confidentiality afforded by arbitration. In contrast to private and confidential arbitration proceedings, public testimony and publicly filed court pleadings, motions, and briefs may contain unflattering…

Health Law Advisor

Podcast: CMS and OIG Final Rules for Innovating Your Value-Based Payment Program – Diagnosing Health Care

By Epstein Becker & Green, P.C.

April 8, 2021

In this episode of the Diagnosing Health Care Podcast: The Centers for Medicare & Medicaid Services (“CMS”) and the Office of Inspector General (“OIG”) of the Department of Health and Human Services have at last published their long-awaited companion final rules advancing value-based care. The rules present significant changes to the regulatory framework of the federal physician self-referral law (commonly referred to as the “Stark Law”) and to the federal health care program’s Anti-Kickback…

Wage and Hour Defense Blog

Epstein Becker Green’s Free Wage-Hour App Includes 2021 Changes to Federal, State, and Local Laws

By Michael S. Kun

April 8, 2021

Years ago, Epstein Becker Green (“EBG”) created its free wage-hour app to put federal, state, and local wage-laws at employers’ fingertips. The app provides important information about overtime exemptions, minimum wages, overtime, meal periods, rest periods, on-call time, travel time, and tips. As the laws have changed, so, too, has EBG’s free wage-hour app, which is updated to reflect new developments. No fewer than 46 states (or the localities within them) had changes to their…

Commercial Litigation Update

The Doctrine Formerly Known as “Fair Use”

By James P. Flynn

April 7, 2021

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On March 26, 2021, the United States Court of Appeals for the Second Circuit decided The Andy Warhol Foundation v. Goldsmith, a decision addressing the “fair use” doctrine, an important part of copyright law. “Fair use” tries to balance the extent to which one artist may build on a prior artist’s work without getting the first artist’s approval or license for doing so, and when so much of the quality or quantity of first…

Workforce Bulletin

Video & Podcast: Action Pending from Biden’s OFCCP and OSHA – Employment Law This Week

By Epstein Becker & Green, P.C.

April 7, 2021

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As featured in #WorkforceWednesday: This week on our special podcast series, Employers and the New Administration, employers await action from two agencies: the Office of Federal Contract Compliance Programs and the Occupational Safety and Health Administration. Guest attorney Bob O’Hara discusses the regulatory actions employers should anticipate. Attorney David Garland leads the conversation. Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis of the Biden administration’s…

Commercial Litigation Update

The Court Dismisses the Trump Twitter Account Case as Moot, but Social Media Is Sure to Be on the Menu Again

By Stuart M. Gerson

April 6, 2021

Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: “The Court Dismisses the Trump Twitter Account Case as Moot, but Social Media Is Sure to Be on the Menu Again“. The following is an excerpt: Yesterday, I discussed the Supreme Court’s move into the world of technology in the case of Google LLC v. Oracle America, Inc., in which the Court held…

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Video: OSHA ETS on Hold, Retaliation Claims Increase, “Vaccination Ambassadors” – Employment Law This Week

Alston v. Spiegel: A Reminder That Sanctions May Provide Employers with a Tool to Deter Frivolous Suits

Florida Legislature Provides COVID-19 Liability Protection for Health Care Providers

The Eleventh Circuit Finally Breaks Its Silence on Website Accessibility – but Was Its Decision Worth the Wait?

NLRB Holds Arbitration Agreements Can Remain Confidential—for Now

Podcast: CMS and OIG Final Rules for Innovating Your Value-Based Payment Program – Diagnosing Health Care

Epstein Becker Green’s Free Wage-Hour App Includes 2021 Changes to Federal, State, and Local Laws

The Doctrine Formerly Known as “Fair Use”

Video & Podcast: Action Pending from Biden’s OFCCP and OSHA – Employment Law This Week

The Court Dismisses the Trump Twitter Account Case as Moot, but Social Media Is Sure to Be on the Menu Again

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