Recent Publications - Jeffrey P. Rust


NY Appellate Division, Third Dept., Rules EO-38 Soft Cap Unconstitutional
August 10, 2017 | Jeffrey P. Rust | Ashley S. Osadon | Health Services
On June 22, 2017, a New York appeals court took aim at Gov. Andrew Cuomo’s Executive Order No. 38. The executive order and the accompanying Department of Health (“DOH”) regulations have been the subject of controversy and appeal since their 2012 debut. The New York State Appellate Division, Third Department, in Leadingage N.Y., Inc. v. …
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Do Your Contracts Inadvertently Waive the Right to Exemplary Damages and Attorney Fees for Disclosure of Trade Secrets?
May 15, 2017 | Health Services
On May 11, 2016, the Defend Trade Secrets Act of 2016 (“DTSA”) was signed into law, which includes a lesser-known provision affecting the rights and remedies of employers, including hospitals, health systems and private practices, seeking to protect their trade secrets and confidential information. In part, the DTSA (18 USC §1833) provides Federal and State …
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OMIG Releases Work Plan for 2017-2018
May 15, 2017 | Health Services
The New York State Office of Inspector General (“OMIG”) has released its Work Plan for its new fiscal year, April 1, 2017 – March 31, 2018. The Work Plan summarizes new and ongoing activities OMIG will prioritize in the upcoming year, all of which aim to achieve three over-arching objectives: (i) enhance provider compliance; (ii) …
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