Brach Eichler Talks

When are internal emails truly protected by attorney-client privilege? In this episode of Brach Eichler Talks, litigation attorneys Rose Suriano and Robyn Lym break down the nuances of privilege for in-house counsel communications. They explain when copying your legal team on emails strengthens protection—and when it doesn’t. You'll also learn how to spot privileged versus non-privileged internal correspondence, what courts look at...

In this episode of Brach Eichler Talks, attorneys Jay Sabin and Ashley L. Matias discuss the increasing use of Stop Work Orders by the New Jersey Department of Labor and what that means for contractors and business owners. The conversation covers how these orders are issued, the role of wage and hour compliance, and the legal implications of worker misclassification under the ABC test.

With Stop Work Orders now being issued roughly...

In this episode, Brach Eichler’s Jay Sabin breaks down the Supreme Court’s recent decision in Cunningham v. Cornell University and what it means for employers and fiduciaries of employee benefit plans. The ruling dramatically lowers the pleading standard for “excessive fee” lawsuits under ERISA, making it easier for plaintiffs to advance claims and harder for plan sponsors to dismiss them early. Jay explores the legal implications,...

In this episode, the Brach Eichler Tax Team breaks down the recent Tax Court decision in Pierce v. Commissioner, which dives deep into the use of the discounted cash flow (DCF) method and the complex issue of tax affecting in valuing closely held businesses for gift tax purposes. Although not precedential, the court's analysis offers valuable guidance on real-world valuation strategies, including projected cash flow, discount rate,...

In this episode of Brach Eichler Talks, we discuss a timely article from our Healthcare Law Update newsletter: “Out-of-State Health Care Workers Might Alleviate New Jersey’s Health Care Worker Shortage.” Learn about proposed legislation that would allow certain out-of-state licensed professionals—and recent graduates—to practice temporarily in New Jersey while awaiting full licensure. We break down who’s eligible, how it could impa...

In this episode, we discuss the proposed amendments to the HIPAA Security Rule released by the U.S. Department of Health and Human Services. Lani M. Dornfeld, Esq., CHPC, Member of the Healthcare Law Practice at Brach Eichler, walks us through what these changes could mean for healthcare providers and business associates, the industry’s strong response, and what might come next. With cybersecurity threats on the rise, it’s more imp...

In this episode, we discuss the latest update on the Corporate Transparency Act (CTA) and what it means for businesses. The U.S. Department of the Treasury has announced changes to the enforcement of beneficial ownership reporting requirements, including a delay in penalties and a narrowed scope focusing on foreign entities. We also break down key deadlines and what companies need to know to stay compliant. Tune in for essential in...

New Jersey’s Office of the State Comptroller (OSC) has uncovered a shocking Medicaid fraud scheme involving South Jersey Extended Care (SJEC). In this episode, we break down the five-year investigation that revealed how SJEC operators Michael Koning and Steven Krausman, along with straw owner Mark Weisz, allegedly siphoned millions in Medicaid funds into their personal businesses—leaving the nursing home underfunded and understaffe...

Stay up to date on the latest developments regarding the Corporate Transparency Act (CTA) and key filing deadlines. In this episode, we break down the impact of the recent U.S. District Court ruling that reinstates the CTA’s beneficial ownership information reporting requirements. Learn what this means for Reporting Companies, the updated March 21, 2025, deadline, and potential penalties for noncompliance. For businesses navigating...

Can job applicants in New Jersey sue if they're rejected due to a positive cannabis test? A recent Third Circuit Court ruling says no. In this episode, we break down the court's decision, its implications for employers, and the lingering uncertainties surrounding cannabis testing in the workplace. What does this mean for hiring policies, legal risks, and workplace safety? Tune in as we explore these key questions and what employers...

Explore the latest updates to the Corporate Transparency Act and their impact on businesses. Join us as we discuss what you need to know to stay compliant. 🔗 Read the full article now: https://www.bracheichler.com/insights/crucial-update-what-you-need-to-know-about-the-changes-to-the-corporate-transparency-act/

For more information, contact:

- John D. Fanburg, Managing Member and Chair, Healthcare Law Practice, at jfanburg@brach...

🎙️ Our latest podcast episode dives into the evolving landscape of Remote Patient Monitoring in Medicare, covering key updates, oversight challenges, and opportunities for providers. Don't miss this essential discussion for healthcare professionals and policymakers alike! 🔗 Read the full article now: https://www.bracheichler.com/insights/enhancing-oversight-of-remote-patient-monitoring-in-medicare/

For more information, contact...

This episode covers a lab's $27 million settlement over alleged False Claims Act and Anti-Kickback Statute violations. Discover the case details, its impact on healthcare compliance, and what it means for providers. Stay tuned for key insights!

📲 For more information, visit: https://www.bracheichler.com/insights/laboratory-pays-27-million-to-settle-alleged-false-claims-and-anti-kickback-violations/

📞 For more information, contact...

In this episode, we cover Shore Memorial Health System's $1.7 million settlement over False Claims Act allegations for improperly receiving a PPP loan during COVID-19. We discuss the case's key details and the role of the False Claims Act in protecting government loan programs.

🔗 For more information, visit: https://www.bracheichler.com/insights/shore-memorial-health-system-settles-false-claims-act-allegations-over-improper-receip...

In this episode, we discuss key takeaways from the OCR Cybersecurity Newsletter, focusing on the importance of facility access controls in protecting healthcare data. Learn how healthcare organizations can strengthen their cybersecurity to comply with federal regulations.

🔗 For more information, visit: https://www.bracheichler.com/insights/ocr-cybersecurity-newsletter-highlights-importance-of-facility-access-controls/

📞 If you n...

In this episode, we discuss a recent court ruling that found an earnout provision violated New York's fee-splitting rules. Learn how this decision affects fee-sharing agreements and what it means for legal professionals moving forward. Tune in for key insights into the legal landscape surrounding fee-splitting in New York. 🔗 For more information, visit: https://www.bracheichler.com/insights/court-rules-that-earnout-violates-new-y...

In this episode, we discuss Brach Eichler’s role in representing New Jersey Cancer Care, PA in its recent transaction with Regional Cancer Care Associates. Tune in as we explore how this strategic move impacts the landscape of cancer care in New Jersey and highlights Brach Eichler’s experience in healthcare transactions.

📞 For more information, contact:

- Isabelle Bibet-Kalinyak, Member and Vice Chair, Healthcare at 973-403-3131 o...

🚨 FTC Non-Compete Rule Temporarily Enjoined. Read more: https://lnkd.in/ef9mcxJ6. The FTC's highly anticipated non-compete rule has been temporarily halted. Discover what this means for employers and employees in our latest article. Stay informed and understand the implications.

📞 For more information about the issues raised in this Alert, please contact: - John D. Fanburg, Esq., Managing Member, Chair, Healthcare Practice, Co-Ch...

In this episode, we delve into the complex and timely issue of whether employers are required to accommodate an employee's abortion. Join us as we explore the legal obligations and considerations surrounding this sensitive topic, guided by insights from Brach Eichler's Labor & Employment attorneys. We discuss the implications of state and federal laws, the impact of religious and moral beliefs, and the potential legal risks for...