Stevens & Lee

Selecting a trustee with the skills, experience and time necessary to manage a trust can be a client’s most daunting task. Pennsylvania just enacted a statute that will make that task easier and position Pennsylvania more competitively. The new Directed Trust Act will take effect mid-October and enable the person who creates a trust to appoint a non-trustee to direct certain aspects of a trust’s administration. Learn more: https://lnkd.in/e9ZrQXuk

Since the Supreme Court's ruling on Loper, three hospitals sued HHS, three federal district court judges issued preliminary injunctions stopping HHS from implementing and enforcing its May 24 Final Rule on discrimination and the chairs of two Congressional committees issued letters to HHS. Loper plays a prominent part in each of these cases, and they illustrate in many respects how litigation post-Chevron is likely to proceed. Read the full post here: https://lnkd.in/eU6tCT_p

While it is true that an expression of intent is not necessary or appropriate for every transaction, if the deal is financially material to the parties, then utilizing a letter of intent (LOI) is likely worthwhile to ensure parties are on the same page before committing significant time and resources in conducting due diligence, drafting detailed transaction documents, etc. While most are familiar with the core terms of a LOI, such as purchase price, transaction structure and desired closing timelines, our latest Health Law Observer blog post offers up a set of additional, more detailed terms that may warrant consideration in an LOI: https://lnkd.in/eyw3NSUj

At The Stevens & Lee Companies, we are passionate about our clients, our work, our people and our collaborative environment. We believe in accelerating your career development through hands-on training, challenging and rewarding work, a commitment to diversity, and access to opportunities for advancement. We have a number of professional staff positions available currently. Find out more on our website: https://lnkd.in/erUsb5wz

Overturning Chevron will have significant implications for heavily regulated industries, including health care, and will directly impact the U.S. Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS), the federal agency that administers federal health care programs, including Medicare and Medicaid. The Court’s decision creates a new arena within which providers and suppliers will challenge CMS’s interpretation of statutes, promulgation of regulations and other legal positions. Read the full blog post: https://lnkd.in/emnyX3G9

The Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. In limiting its decision to the Seventh Amendment issue, the Court side-stepped the remaining constitutional questions that we have been tracking as they relate to the question whether the structure and therefore operation of the Federal Trade Commission (FTC) is unconstitutional — the implications of which in the health care context are obviously enormous given the enforcement power of the FTC in regard to merger, acquisition and related transactions. Read more: https://lnkd.in/epd-Z_5P

In light of the Supreme Court's #Chevron decision, it will be more difficult for the #NLRB to expand its reach, issue new remedies for violations of the #NationalLaborRelationsAct and will no longer be able to engage in sea shifting legal changes. We discuss how the Chevron ruling impacts the NLRB's administrative agenda. Read more: https://lnkd.in/eSUQFrSc #laborlaw

As a result of the U.S. Supreme Court’s landmark decision to overrule “#Chevron Deference,” it is anticipated that #statecourts will reconsider their own doctrines and deferential standards of review. We examine the far reaching implications on state courts and #administrativeagencies. Read more: https://lnkd.in/e4XphrQF

Governor Phil Murphy recently issued Executive Order No. 362, which aims to reshape the #clemency landscape in New Jersey by prioritizing certain cases for review. While the Order does not expand or change common clemency criteria, it directs faster review of certain non-violent convictions. We detail key program updates and how "priority" is determined for clemency assessments: https://lnkd.in/eSPUP_c6

Pennsylvania’s corporate practice of medicine doctrine can be challenging to navigate, but failing to draft #managementservicesagreements that comply with the doctrine may result in lengthy scrutiny and high costs to rectify. We examine key cases that illustrate acceptable and unacceptable arrangements under Pennsylvania law, and provide insights on #compliance. Read more: https://lnkd.in/e2X2bajP #healthlaw