Now that the Supreme Court of the United States has declared that authority to regulate abortion rests with the states, organizations operating across state lines face new and some unprecedented challenges created by the civil and criminal legal issues arising from risks of enforcement in any state where abortion is or will be banned (a “ban state”). Health care providers, employers, and other organizations with any nexus to such states will need to conduct careful analyses and may have to accept an unknown level of enforcement risk while various jurisdictions respond to their newfound power and determine if and how to wield it. The risks may extend to providers who deliver abortions, patients seeking abortions, companies who support their employees traveling to non-ban states to receive abortions, and their executives. The outer parameters of who is subject to enforcement risk are presently unknown but are likely to vary from jurisdiction to jurisdiction.
Our colleagues Janene Marasciullo and Daniel J. Green of Epstein Becker Green have a new post on Trade Secrets & Employee Mobility that will be of interest to our readers: "The Pennsylvania Supreme Court Nixes a No-Poach Agreement Between Business Partners as Overbroad."
The following is an excerpt:
As reported here and here, in December 2019 and January 2020, the United States Department of Justice brought its first criminal charges against employers who entered into “naked” wage fixing agreements and no-poach (e.g., non-solicitation and/or non-hire ...
Blog Editors
Recent Updates
- Even Privilege Logs Can Be Privileged Under the Fifth Amendment
- “Claims” Under the FCA, §1983 Claim Denials on Failure-to-Exhaust Grounds, and Limits to FSIA’s Expropriation Exception - SCOTUS Today
- The 340B Reimbursement Battle: What Hospitals and Insurers Need to Know
- A Ticking Time Bomb—Universal Injunctive Relief at Risk - SCOTUS Today
- CFPB’s Recent Rule Eliminates Medical Debt from Credit Reports