Fox Rothschild LLP

Fox Rothschild LLP is a national law firm with 950 attorneys practicing in 26 offices coast to coast. We’ve been serving clients for more than a century, and we’ve been climbing the ranks of the nation’s largest firms for many years, according to both The Am Law 100 and The National Law Journal.

Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?

By Mark Tabakman

June 22, 2022

What employers often miss when calculating proper overtime is that they must include in the regular rate different kinds of supplemental payments that non-exempt people receive. If they do not, they are not paying properly. When it involves one employee, maybe not such a big deal. When it involves dozens or hundreds of workers, e.g. a class, then it becomes a very big (and expensive) deal. A recent example of this is the settlement between…

In Solvency

President Biden Signs Bill Extending Temporary $7.5 Million Subchapter V Debt Limit Increase Into 2024

By Nicholas A. Koffroth

June 21, 2022

Today, President Biden signed into law the Bankruptcy Threshold Adjustment and Technical Corrections Act, S. 3823, 117th Cong. (the “Act”), which, among other things, continues the temporary expansion of subchapter V eligibility. Section 1182(i)(B)(1) of the Bankruptcy Code originally limited the term “debtor,” for subchapter V purposes, to a person engaged in commercial or business activities with aggregate noncontingent, liquidated debts not exceeding $2,725,625. The Act extends the temporary increase of the debt limit to…

HIPAA & Health Information Technology

New Telehealth Guidance Gives Thumbs-Up to Audio-Only Services

By Amy A. Perry

June 15, 2022

On June 13th, U.S. Department of Health & Human Services (“HHS”) issued guidance advising that covered health care providers and health plans (covered entities) can provide audio-only telehealth services as long as they are compliant with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy, Security, and Breach Notification Rules (HIPAA Rules). As many individuals may not have access to technologies used for audio-video telehealth due to factors including financial limitations, disabilities, or limited English…

California Employment Law

Responsible Beverage Training Required for Servers & Managers This Summer

By Nancy Yaffe

June 15, 2022

Effective July 1, 2022, all on-premise alcoholic beverage servers and their managers must take Responsible Beverage Training (“RBS Training”). This ABC approved training must be completed by August 31, 2022, or within 60 days of hire thereafter. This law was originally set to be effective last year, but was extended given the pandemic. Details about the training can be found on the ABC website. The regulations define an alcohol server as anyone who…

California Employment Law

Webinar – “New Threats to California Employers”

By Jeffrey S. Horton Thomas

June 13, 2022

Please join us for a complimentary webinar on Thursday, June 16, 2022, at 10:00 a.m. PST (1:00 p.m. EST) for insight on emerging threats in California employment litigation. Fox employment defense litigators will share insights from the frontline concerning newly heightened risks posed by retaliation claims, the latest developments in pandemic-related disability requests and claims, the new and greater consequences of meal period and rest break claims, an update on class/PAGA actions and more. The…

Pennsylvania Family Law

FEAR, MONEY & MARKETS: As if Covid Isn’t Enough

By Mark Ashton

June 7, 2022

People often ask divorce lawyers how they do it. My stock answer is that it’s like any other financial transaction, except that the transaction is wrapped in layers and layers of emotion. Usually, that emotion has to do with the relationship and the breach of “trust.” But in markets like the current one, emotions related to financial insecurity and financial ignorance make matters even worse. Year to date the market is down 13% as…

Tax Controversy and Financial Crimes Report

US Launches Nationwide Coordinated Law Enforcement Action to Combat Health Care-Related COVID-19 Fraud

By Matthew D. Lee

June 6, 2022

By Marissa Koblitz Kingman As part of its ongoing effort to crack down on health care-related COVID-19 fraud, the U.S. Justice Department has launched a nationwide coordinated law enforcement action that recently led to criminal charges against 21 defendants in nine federal districts across the United States. Officials said the defendants participated in various health care fraud schemes that exploited the COVID-19 pandemic. The cases allegedly resulted in over $149 million in false billings to…

Tax Controversy and Financial Crimes Report

New Interagency COVID-19 Fraud Strike Force Intensifies Investigations of Pandemic Relief Loans

By Matthew D. Lee

June 3, 2022

By Marissa Koblitz Kingman Vanessa R. Waldref, the U.S. Attorney for the Eastern District of Washington, recently announced the creation of a new interagency COVID-19 Fraud Strike Force to combat alleged fraud arising from the pandemic. One of its recent efforts led to the arrest of a man who took a relatively small loan of approximately $32,000 through an assistance program created under the CARES Act. The government’s creation of new interagency teams to combat fraud…

It’s Just Business

Can a Lengthy Complaint Provide Too Much Notice of its Claims?

By Bradley M. Risinger

June 1, 2022

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In Oliver v. Brown & Morrison, Ltd., 2022 NCBC 16, the Business Court weighed a challenge to an allegedly “sprawling, 247-paragraph Complaint, largely padded by needless detail” that defendants claimed violated Rule 8(a)’s requirement of a “short and plain statement of the claim” by instead providing something long and elaborate. Defendants claimed the complaint included “excessive and unnecessary information” that was “so egregious” that outright dismissal of the complaint was merited. Id. ¶¶ 84,…

California Employment Law

Accommodating Anxiety and Related Disabilities

By Sahara Pynes

May 31, 2022

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Harried, frazzled, overwhelmed, anxious and stressed are words that I’m hearing a lot lately. No, I’m not a therapist, though sometimes, as a lawyer, I feel like one. Disability claims have increased 50% over the past decade according to the latest data released from the EEOC. Mental health related claims are now 17.6% of all disability charges, more than doubling the past decade. Anecdotally, I wouldn’t be surprised if these numbers are even higher…

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