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Expert Analysis

• 4 New State Geofencing Bans And How They Differ

  

  Washington, New York, Connecticut and Nevada have now enacted laws prohibiting geofencing around locations that provide certain health care services, but these new laws vary widely, with Washington taking the broadest and most restrictive approach, say Andreas Kaltsounis and Nichole Sterling at BakerHostetler.

• Noncompetes Hold Atty Privilege Pitfalls For Health Industry

  

  Providers negotiating with medical professionals bound by enforceable restrictive covenants must tread carefully due to not only risk of breaching physicians' covenants but also risk of wrongful conduct that pierces attorney-client privilege, says Scott O'Connell at Holland & Knight.

• What Came Of Texas Legislature's Long-Promised Tax Relief

  

  Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.

• What Companies Must Know About Product Recalls

  

  Recent recalls of asthma inhalers and Baby Shark toys provide an ideal opportunity to review the most essential steps companies should take when planning and conducting their own product recalls — from notifying government agencies and retaining experts to properly communicating with the public, say Kelly Jones Howell and Judi Abbott Curry at Harris Beach.

• It's Not You, It's Me: Breaking Up With Mass. FCA Prosecutors

  

  A recent Massachusetts U.S. Attorney's Office settlement, which required a hospital to admit to certain facts, continues a state trend away from traditionally defense-friendly nonadmission language and may complicate the prospects of amicably resolving future False Claims Act cases, say Jonathan York and Scott Memmott at Morgan Lewis.

• 11th Circ. Ruling May Impede Insurers' Defense Cost Recoup

  

  The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.

• Benefits Ruling Has ERISA Review Standard Red Flags

  

  The Eighth Circuit’s recent McIntyre v. Reliance Standard decision, reversing a nurse's disability benefits win, applies a deferential standard of review that conflicts with rulings issued by other federal circuit courts, and raises concerns about whether the law’s intent is being met, says Mark DeBofsky at DeBofsky Law.

• Cannabis Cos. Must Heed PFAS Risks In Products, Packaging

  

  Cannabis businesses and ancillary service providers will have to grapple with evolving PFAS enforcement, litigation and regulations – most recently enacted in Minnesota – and take steps to mitigate risks posed by forever chemicals in their products and packaging, say Malina Dumas and Amy Rubenstein at Dentons.

• Insurance Insights From 5th Circ. Blue Bell Coverage Ruling

  

  The Fifth Circuit's recent ruling that denied Blue Bell insurance coverage for the defense costs incurred from a shareholder lawsuit underscores the importance of coordination of different coverages and policies across programs, and the potential perils of seeking recovery for losses under nontraditional policies, say Geoffrey Fehling and Casey Coffey at Hunton.

• Employer Drug-Testing Policies Must Evolve With State Law

  

  As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

• Is This Pastime A Side-Gig? Or Is It A Hobby?

  

  The recent U.S. Tax Court decision in Sherman v. Commissioner offers important reminders for taxpayers about the documentation and business practices needed to successfully argue that expenses can be deducted as losses from nonhobby income, says Bryan Camp at Texas Tech.

• Blunders That Made 'Bakked' Cannabis TM Go Up In Smoke

  

  The Trademark Trial and Appeal Board’s recent denial of National Concessions Group’s application to register the mark “BAKKED” illustrates mistakes that cannabis companies must be wary of in pursuing federal registration as examiners may look beyond the four corners of an application, say attorneys at Seyfarth.

• Challenging Gov't Use Of Nontraditional White Collar Tools

  

  As the government prosecutes white collar cases with an ever-increasing reliance on nontraditional tools — including wiretaps, cooperating witnesses and racketeering charges — defense attorneys must understand how to mount effective defenses against such tools, say Glenn MacKinlay and Dean Elwell at McCarter & English.