News

[Video] Federal Court Strikes Down FDA Rule on LDTs - Thought Leaders in Health Law®

By EsqSocial Corporation 02/05/25

On March 31, 2025, the U.S. District Court for the Eastern District of Texas ruled that the Food and Drug Administration (FDA) lacks the statutory authority to regulate laboratory-developed tests (LDTs).

[Video] Multijurisdictional Employers, Part 1: Independent Contractors vs. Employees

By EsqSocial Corporation 02/05/25

For employers managing a workforce across multiple jurisdictions, navigating the complexities of worker classification is essential to ensuring legal compliance and avoiding costly penalties.

Five Healthcare Antitrust Topics to Watch at the Upcoming Health Care Transactions Conference in Nashville

By EsqSocial Corporation 02/05/25

Each May, the American Health Law Association holds its Health Care Transactions Conference in Nashville, Tennessee.

Seeking Royalties Beyond Patent Expiration: A Refreshed Look at Patent Misuse

By EsqSocial Corporation 02/05/25

Key Takeaway: A recent Ninth Circuit decision in C.R. Bard v. Atrium reinforces the long-standing Brulotte rule against post-expiration patent royalties but clarifies that courts should assess this strictly as a legal question, not based on intent or negotiation history.

OSHA Extends Heat Hazard Program: Employers Should Act Before Summer Sets In

By EsqSocial Corporation 02/05/25

The Occupational Safety and Health Administration (OSHA) has extended its National Emphasis Program on Outdoor and Indoor Heat-Related Hazards (NEP) to April 8, 2026. The NEP was set to expire on April 8, 2025.

Antitrust Suits in Sports Could Shift the Rules of the Games

By EsqSocial Corporation 02/05/25

Competition is the essence of sports. It fuels the players and the thrill of it entices fans to cheer for their favorite players, purchase memorabilia, and watch games.

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

By EsqSocial Corporation 02/05/25

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc.

Bills Severing EPA from Risk Assessment Research Draw Heat from Democratic AGs

By EsqSocial Corporation 02/05/25

A group of 14 Democratic AGs sent a letter to U.S. Senate and House leaders urging them to oppose efforts to prohibit the EPA from using human health risk assessments and to dismantle the EPA’s Office of Research and Development (ORD), the research arm of the EPA....

Removal of NCUA Board Members: What it Means for You

By EsqSocial Corporation 02/05/25

After the first 100 days of President Donald Trump’s second term, few areas of government have avoided disruption or controversy, and the regulation of credit unions—normally a quiet corner within the federal bureaucracy—has been no exception.

Use of Amazon Warehouses for Distribution Alone Won't Establish Patent Venue, Court Rules

By EsqSocial Corporation 02/05/25

Key Takeaway: Just as over a million businesses use Amazon web servers, many independent sellers also use Amazon warehouses to store their inventory. More than 60% of sales in the Amazon store come from independent sellers, many of which are small and medium-sized businesses....

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