Navigating Change In The
US Administration

Navigating Change In The
US Administration

How are the policies of the Biden Administration affecting your business?

McDermott’s industry-leading lawyers are monitoring key legal areas to help you navigate and gain perspective on the most critical impacts of changing federal policies.

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Key Areas of Impact

WEBINAR REPLAYS
LABOR UNDER BIDEN
November 18, 2021

COMPLIANCE, AI & SMART LAWYERING: MAXIMIZING DATA TO STAY AHEAD OF THE DOJ KEY ENFORCEMENT AREAS
July 20, 2021

THE BIDEN LABOR PLATFORM | BEYOND THE THE FIRST 100 DAYS

May 18, 2021

THE BIDEN LABOR PLATFORM | THE FIRST 100 DAYS AND MORE
May 4, 2021

LEGISLATIVE PROPOSALS FOR TAXING WEALTH & WEALTH TRANSFERS
April 21, 2021

MORE INSIGHTS

ANTITRUST M&A SNAPSHOT | Q4 2022

IRS RELEASES MEMORANDUM ON DEDUCTING CRYPTOCURRENCY DONATIONS

AFTER ALMOST 25 YEARS, FTC ISSUES NEW HEALTH PRODUCTS COMPLIANCE GUIDANCE

SECURE 2.0 TAKES SECOND BITE AT RETIREMENT SECURITY

2023 REGULATORY FORECAST

FTC PROPOSES RULE BANNING NONCOMPETE AGREEMENTS

CMS ISSUES BROAD-RANGING MEDICARE ADVANTAGE AND PART D PROPOSED RULE

PRESCRIPTION DRUG DATA REPORTING: WHAT THE “GOOD FAITH COMPLIANCE” EXTENSION REALLY MEANS FOR SELF-FUNDED GROUP HEALTH PLANS

PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE REPORT HIGHLIGHTS TELEHEALTH PROGRAM INTEGRITY CONCERNS

WELCOME (BUT LAST MINUTE) RELIEF FOR PRESCRIPTION DRUG REPORTING ORIGINALLY DUE DECEMBER 27

OMNIBUS BILL EXTENDS MEDICARE TELEHEALTH FLEXIBILITIES AND HDHP TELEHEALTH SAFE HARBOR

BACK TO THE DRAWING BOARD: CMS PROPOSES CHANGING THE OVERPAYMENT RULE’S “IDENTIFIED” DEFINITION

NASDAQ CHANGES COMPLIANCE DEADLINES FOR BOARD DIVERSITY RULES

NSA UPDATE: HHS INDEFINITELY DELAYS CO-PROVIDER, CO-FACILITY REQUIREMENTS FOR GOOD FAITH ESTIMATES

IRS ISSUES FINAL REGULATIONS EXTENDING ACA INFORMATION REPORTING DEADLINES, CLARIFIES ADDITIONAL ACA ISSUES

SEC IMPOSES NEW RESTRICTIONS ON AVAILABILITY OF RULE 10B5-1 DEFENSE TO INSIDER TRADING

DOL PROPOSES SIGNIFICANT CHANGES TO VFCP PROGRAM

MAJOR CHANGES PROPOSED TO SUBSTANCE USE DISORDER CONFIDENTIALITY LAW

REMINDER: NEW TAX FORMS FOR RETIREMENT PLAN PAYMENT WITHHOLDING EFFECTIVE JANUARY 1, 2023

ROCKS AND HARD PLACES: NOTEWORTHY DEVELOPMENTS IN CLIMATE CHANGE REGULATION FOR US INSURERS

HEALTHCARE REGULATORY CHECK-UP | NOVEMBER 2022

HHS GOES BACK TO THE DRAWING BOARD ON THE 340B ADR PROCESS

HHS ISSUES GUIDANCE ON REQUIREMENTS UNDER HIPAA FOR ONLINE TRACKING TECHNOLOGIES, ADDRESSING PRIVACY AND SECURITY CONCERNS RELATED TO HEALTH INFORMATION

COMMERCE ISSUES PRELIMINARY DETERMINATION IN SOLAR CIRCUMVENTION INVESTIGATION BUT LEAVES IMPORTANT QUESTIONS UNANSWERED

IRS ISSUES CRITICAL WAGE AND APPRENTICESHIP GUIDANCE UNDER INFLATION REDUCTION ACT OF 2022

CLARITY FOR RURAL EMERGENCY HOSPITALS AND CHANGES FOR CRITICAL ACCESS HOSPITALS

EMPLOYERS SEEK CLARITY ON REPRODUCTIVE HEALTHCARE BENEFITS LITIGATION FOLLOWING EEOC COMMISSIONER FILING

ANTITRUST M&A SNAPSHOT | Q3 2022

NEW CALIFORNIA LAW REQUIRES OPEN PAYMENTS NOTICE TO PATIENTS

HEALTHCARE REGULATORY CHECK-UP | OCTOBER 2022

CMS CLARIFIES COVERAGE AND PAYMENT FOR REMOTE THERAPEUTIC MONITORING SERVICES

CMS FINALIZES 340B PAYMENT PROVISIONS IN 2023 OPPS FINAL RULE

DOJ PROSECUTES ATTEMPTED COLLUSION AMONG BUSINESS COMPETITORS FOR FIRST TIME IN DECADES

FUN FOR THE WHOLE FAMILY: MORE ACA SUBSIDIES APPLY

CMS DOWNSHIFTS ON EXPECTATIONS FOR COVERED HEALTHCARE PROVIDER STAFF COVID-19 VACCINATION

THE DOL HAS ISSUED NEW PROPOSED INDEPENDENT CONTRACTOR CLASSIFICATION RULES: WHAT NOW?

IRS ANNOUNCES 2023 EMPLOYEE BENEFIT PLAN LIMITS

CMS SEEKS PROVIDER AND STAKEHOLDER FEEDBACK ON FIRST NATIONAL DIRECTORY OF HEALTHCARE PROVIDERS AND SERVICES

IRS RELEASES MEMORANDUM REGARDING ADVANCE PAYMENTS OF SECTION 367(D) INCLUSIONS

SAVE IT FOR A RAINY DAY PART 2: IRS ANNOUNCES ADDITIONAL PLAN AMENDMENT EXTENSIONS

MARK YOUR CALENDARS FOR SCHREMS III: KEY TAKEAWAYS FROM THE LATEST DEVELOPMENTS IN THE EU-U.S. DATA DEAL

HEALTHCARE REGULATORY CHECK-UP | SEPTEMBER 2022

OIG MEDICARE TELEHEALTH DATA BRIEF DEMONSTRATES CONTINUED FOCUS ON DATA ANALYTICS IN PROGRAM INTEGRITY EFFORTS

JARRETT LEAVES UNANSWERED QUESTIONS ON TAXATION OF STAKING REWARDS

DISTRICT COURT VACATES 340B CUTS, BUT DON’T EXPECT IMMEDIATE PAYMENT RATE RESTORATION

FDA ISSUES LONG-AWAITED FINAL CLINICAL DECISION SUPPORT SOFTWARE GUIDANCE

A LIGHT IN THE DARK: SEVENTH CIRCUIT HELPS CLARIFY NEW PLEADING STANDARDS FOR 401(K) FEE CASES

HHS CONTINUES TO REFINE COVID-19 TESTING, VISITATION GUIDANCE FOR LONG-TERM CARE FACILITIES

ANTITRUST M&A SNAPSHOT | Q2 2022

COMMERCE ISSUES FINAL RULE IMPLEMENTING PAUSE ON POSSIBLE CIRCUMVENTION DUTIES ON SOLAR PANELS

INTERNATIONAL NEWS: SPOTLIGHT ON COMPETITION LAW

PRESIDENT BIDEN SIGNS EXECUTIVE ORDER DIRECTING CFIUS TO FOCUS ON SPECIFIC NATIONAL SECURITY RISKS

DOJ REVAMPS CORPORATE CRIMINAL ENFORCEMENT POLICIES WITH CONTINUED EMPHASIS ON COMPLIANCE

SAVE IT FOR A RAINY DAY: RECENT AMENDMENT EXTENSIONS FOR QUALIFIED RETIREMENT PLANS, 403(B) PLANS AND INDIVIDUAL RETIREMENT ACCOUNTS

SEC ADOPTS FINAL PAY VERSUS PERFORMANCE RULES

CLEAN HYDROGEN TAX BENEFITS UNDER THE INFLATION REDUCTION ACT

HEALTHCARE REGULATORY CHECK-UP | AUGUST 2022

FTC FLEXES ITS MUSCLE IN SUIT AGAINST KOCHAVA (BUT MAY NOT LIKE THE RESULTS)

FEDERAL CONTRACTORS’ EEO-1 REPORTS MAY BE REVEALED

MULTIPLE LAYERS OF TCPA DEFENSE REMAIN IMPORTANT AFTER DUGUID

DEPARTMENTS ISSUE FINAL RULE IMPLEMENTING CERTAIN NO SURPRISES ACT PROVISIONS

CDC UPDATES ITS COVID-19 GUIDELINES: WHAT DOES IT MEAN FOR YOUR BUSINESS?

THE 411 ON EMPLOYMENT BACKGROUND CHECKS IN STOCK AND ASSET TRANSACTIONS

CARTEL CORNER | AUGUST 2022

CLIMATE CHANGE REGULATORY UPDATE FOR US INSURERS: AUGUST 2022

THE FTC SEEKS PUBLIC COMMENTS FOLLOWING INTRODUCTION OF FEDERAL PRIVACY BILL

THE PROPOSED SHARE BUYBACK TAX UNDER THE INFLATION REDUCTION ACT

HHS ISSUES PROPOSED RULE UNDER SECTION 1557 OF THE AFFORDABLE CARE ACT: NONDISCRIMINATION IN HEALTH PROGRAMS AND ACTIVITIES

HOW DOES THE FMLA APPLY TO A REMOTE WORKFORCE?

CARBON CAPTURE, UTILIZATION AND SEQUESTRATION TAX BENEFITS UNDER THE PROPOSED INFLATION REDUCTION ACT

THE TALE OF TWO CE PROGRAMS: OIG COMPARES HEALTHCARE PROVIDER AND THIRD-PARTY CONTINUING EDUCATION IN RECENT ADVISORY OPINION

THE INFLATION REDUCTION ACT WOULD FURTHER INCREASE HOLDING PERIODS FOR LONG-TERM CAPITAL GAIN ELIGIBILITY FOR CARRIED INTEREST

WHAT THE INFLATION REDUCTION ACT OF 2022 MEANS FOR RENEWABLE ENERGY DEVELOPERS, INVESTORS AND MANUFACTURERS

MONKEYPOX IN THE WORKPLACE: KEY CONSIDERATIONS FOR EMPLOYERS

OIG ISSUES SPECIAL FRAUD ALERT WARNING PROVIDERS OF SUSPECT TELEMEDICINE ARRANGEMENTS

RANSOMWARE: TO PAY OR NOT TO PAY? IT JUST GOT MORE COMPLICATED

ALGORITHMS, AI AND PROXY DISCRIMINATION: INSURANCE REGULATORS CONTINUE TO EXAMINE PRIVATE PASSENGER AUTO INSURANCE; HOMEOWNERS AND LIFE INSURANCE UP NEXT

EEOC POTENTIALLY LIMITS EMPLOYER’S RIGHT TO MANDATE COVID-19 TESTING

CMS PROPOSES KEY DETAILS FOR PAYMENT METHODOLOGY, QUALITY MEASURES AND ENROLLMENT POLICIES FOR RURAL EMERGENCY HOSPITALS

THE GLOVES COME OFF: CFTC TAKES SWING AT LARGEST BITCOIN FRAUD SCHEME

OIG ISSUES UNFAVORABLE OPINION ON LABORATORY SPECIMEN COLLECTION PAYMENTS TO HOSPITALS

GENESIS OPINION PROVIDES OPPORTUNITY FOR DISTRICT COURT TO DETERMINE DEFINITION OF “PATIENT” FOR 340B COVERED ENTITIES

NAVIGATING DATA PRIVACY QUESTIONS POST-DOBBS

COMMERCE PROPOSES NEW RULE TO PAUSE COLLECTION OF ANTIDUMPING OR COUNTERVAILING DUTIES ON PENDING CIRCUMVENTION INQUIRIES INVOLVING CSPVS

CMS SEEKS TO ESTABLISH REGULATIONS LIMITING CRITICAL ACCESS HOSPITAL LOCATION REQUIREMENT

ONE STEP CLOSER TO A NEW PROVIDER TYPE: CMS ISSUES PROPOSED RULE ON RURAL EMERGENCY HOSPITAL CONDITIONS OF PARTICIPATION

SHIELDS UP: DOD REMINDS CONTRACTING OFFICERS THAT DFARS CYBER CLAUSES HAVE CONSEQUENCES

THE OVERTURNING OF ROE V. WADE

HOMEWORK AND DEADLINES MATTER: NEW IRS PRE-AUDIT COMPLIANCE PROGRAM FOR RETIREMENT PLANS

PREPARING FOR THE DEMISE OF ROE V. WADE AND THE CRIMINALIZATION OF ABORTION IN SOME US STATES: PRACTICAL CONSIDERATIONS FOR A POST-ROE WORLD

NEW SEC RULE MANDATES ELECTRONIC FILING OF FORM 144S AND “GLOSSY” ANNUAL REPORTS

LAWMAKERS UNVEIL DRAFT VERSION OF THE AMERICAN DATA PRIVACY AND PROTECTION ACT

BIDEN ADMINISTRATION PAUSES SOLAR PANEL CIRCUMVENTION PROCEEDING TO ALLOW DOMESTIC INDUSTRY TO DEVELOP SUFFICIENT SUPPLY OF SOLAR MODULES

HALF A LOAF IS NOT ENOUGH: SECOND CIRCUIT SUSTAINS FRAUD CLAIM FOR FAILURE TO DISCLOSE SEC INVESTIGATION

CPPA ISSUES DRAFT CPRA REGULATIONS

EMPLOYERS EXPLORE ABORTION COVERAGE CONTINUATION

DOJ’S NEW CFAA POLICY: RELIEF FOR WHITE HAT HACKERS AND WEB SCRAPERS?

NAIC CONTINUES TO REFINE MULTIYEAR WORK PLAN TO EXPAND SCRUTINY OF HOLDING COMPANY ACT FILINGS

ANTITRUST M&A SNAPSHOT | Q1 2022

XING


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