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In a long-awaited decision, Judge Claudia Wilken of the U.S. District Court for the Northern District of California has approved the proposed settlement in House v. NCAA (In re College Athlete NIL Litigation). The suit, originally filed in 2020, challenged the NCAA’s prohibition on college athletes’ ability to earn compensation for their name, image, and likeness (NIL) and revenue derived from the broadcasts of athletic contests. In May 2024, the NCAA’s membership voted to settle the suit with…
Continue Reading As the House Settlement is Finalized, College Athletes must Quickly Prepare for the Revenue Sharing Era

U.S. sanctions are a powerful tool used to influence the behavior of foreign governments, individuals, and entities. Placement on any sanctions watchlist maintained by a regulatory agency can have devastating financial, commercial, and legal consequences, including freezing U.S. assets, restricting travel to the U.S., blocking U.S. financial transactions, and enduring a damaged reputation worldwide. Given the substantial penalties levied against international banks and foreign and domestic businesses that violate U.S. primary and secondary sanctions laws, complying with regulations is…
Continue Reading How to Be Removed From a U.S. Sanctions Watchlist List

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On May 29, 2025, the United States Department of Health and Human Services (“HHS”) and Centers for Medicare & Medicaid Services (“CMS”) rescinded two Quality, Safety & Oversight (“QSO”) Letters issued under the Biden administration in 2022 and an accompanying letter from the then-Secretary of HHS (collectively, the “Letters”). The Letters had set forth the Biden administration’s position that the Emergency Medical Treatment & Labor Act (“EMTALA”) requires health care providers to provide abortion services when such services are…
Continue Reading HHS and CMS Rescind Guidance on Emergency Reproductive Health Care Under EMTALA

Health care and other federal funding recipients face new risks on multiple fronts in their use of diversity, equity and inclusion (“DEI”) programs. The Executive Branch has undertaken a concerted effort to reshape the interpretation and enforcement of federal civil rights laws impacting DEI practices through the issuance of Executive Orders, as discussed here, and by directing the Department of Justice (“DOJ”) and the Equal Employment Opportunity Commission (“EEOC”) to implement its policy objectives, as outlined here.
Continue Reading As Executive Branch Scrutiny of DEI Programs Intensifies, Companies Must Assess All Aspects of Their Policies and Business Practices to Ensure Compliance with Civil Rights Laws

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In its recent decision in Texas v. Equal Employment Opportunity Commission, the U.S. District Court for the Northern District of Texas (the “Court”) held that the Equal Employment Opportunity Commission (“EEOC”) cannot require employers to provide accommodations for transgender employees when it comes to bathroom access, dress codes and the use of pronouns, and that Title VII’s definition of “sex” does not apply to sexual orientation and gender identity.
Background
Title VII of the Civil Rights Act of 1964…
Continue Reading Federal Judge Vacates EEOC Guidelines on Sexual Orientation and Gender Identity

Posted on May 31, 2025 in College Student Representation
College athletes may have gained the right to profit from their name, image, and likeness (NIL), but that does not mean they are protected from being misled, exploited, or coerced. In Milwaukee and across the country, universities are still navigating how to implement NIL policies, and some are doing it better — or worse — than others. As a student athlete, it is easy to feel like you have finally…
Continue Reading Universities and NCAA Still Take Advantage of Student Athletes

Despite recent reductions-in-force (“RIFs”) at the Food and Drug Administration (“FDA” or “Agency”), the Agency’s Office of Prescription Drug Promotion (“OPDP”) has signaled that enforcement remains a priority. On April 28, 2025, OPDP issued its third Untitled Letter of the year — notably, the first following the April 1 RIFs, which impacted OPDP staffing. As of now, OPDP appears to be on pace to exceed the number of Untitled Letters issued in 2024. Last year, OPDP issued five Untitled …
Continue Reading Enforcement Marches on: OPDP Issues Third Untitled Letter of 2025 Amid Staffing Shake-Ups

On April 30, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the FFY 2026 Inpatient Prospective Payment System (“IPPS”) Proposed Rule (“Proposed Rule”) to update IPPS payment rates, change DSH payments, increase uncompensated care payments and request input on ways to streamline Medicare regulations and reduce provider burden.
Increase to Payment Rates Under the IPPS
CMS proposes to increase annual operating payment rates for IPPS hospitals by 3.2%, reduced by a productivity adjustment of 0.8 % for…
Continue Reading CMS Publishes FY 2026 IPPS Proposed Rule

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The Center for Medicare & Medicaid Innovation (“CMMI”) has announced a new strategy for establishing payment systems that incentivize healthier lives through a focus on three key pillars: (1) promoting evidence-based prevention; (2) empowering patients to achieve their health goals; and (3) driving choice and competition. This strategy includes several positives for providers participating (or considering participation) in CMMI’s alternative payment models, including efforts to reduce administrative burden for participants, increase predictability through reducing significant mid-model changes and increased…
Continue Reading CMMI’s New Strategy: What’s Changing for Providers?

Initiatives to Combat PFAS Announced After Environmental Regulation Rollbacks
The second Trump term has already been marked by significant environmental deregulation, including targeting major climate change, energy efficiency, environmental justice, and air pollution policies established over the decades since the first wave of environmental regulatory schemes began in the 1970s.[1] These rollbacks have been compounded by reductions in the EPA workforce and budget, including the agency’s scientific research division.[2] The reduction of per- and polyfluoroalkyl substances (PFAS),…
Continue Reading After Wave of Environmental Regulation Rollbacks, Trump Administration Announces PFAS-Combatting Initiatives

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On April 24, 2025, the U.S. Court of Appeals for the Seventh Circuit (the “Seventh Circuit” or “Court”) affirmed summary judgment in Partin v. Baptist Healthcare Sys., Inc., applying the McDonnell Douglas burden-shifting framework to Emergency Medical Treatment and Active Labor Act (“EMTALA”) retaliation claims.
Case Background
Plaintiff Dr. William Partin (“Partin”) was an employee of Floyd Associates (“Floyd”), a medical staffing company with whom Baptist Healthcare System, Inc. (“Baptist”) contracted for emergency department medical personnel. Partin resigned…
Continue Reading Emergency Physician Loses Appeal on EMTALA Retaliation Claim

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New house under construction, front view from garage door entry with clouds blue sky. Framing of home exterior structure with a pile of lumber and siding plank leftover. Real estate business industry.

In a case recommended for publication (Dyersville Ready Mix Inc. v. Iowa Cnty. Bd. of Supervisors, No. 2024AP1091, 2025 WL 1078289 (Wis. Ct. App. 2025)), the Wisconsin Court of Appeals recently held that local governments may consider the allowed conditional uses in a zoning district when deciding a rezoning application.  
What Did the Property Owner Propose?
Dyersville Ready Mix Inc. d/b/a BARD Materials applied to Iowa County to rezone a 100-acre property located in the Town of…
Continue Reading A Local Government May Consider Conditional Uses in a Zoning Category In Reviewing a Rezoning Application

For developers, adeptly navigating the intricate web of zoning laws and regulations is paramount to ensuring that projects not only comply with local ordinances but also align with community standards.

Understanding Zoning Regulations

Zoning laws are essential for urban planning, dictating how land can be used. They help maintain order and prevent conflicts between different land uses, like residential and industrial areas.  Developers must possess a thorough understanding of these laws to avoid legal disputes and project delays. Interpreting…
Continue Reading Zoning and Legal Compliance: Key to Successful Downtown Development

If you are a compliance professional for a U.S.-based company, you have probably been told at some point that you have to worry about the General Data Protection Regulation (GDPR).

Have you encountered one of these situations?

  • A vendor or customer tells you to sign a lengthy and very technical GDPR data processing agreement (“DPA”) as part of your contract.
  • You are told to be prepared to respond to a data subject access request (“DSAR”), a burdensome GDPR information

…
Continue Reading Is My U.S.-Based Company Subject to the GDPR?

On his first day in office, Jan. 20, 2025, President Trump signed an executive order that was a shot across the bow to American wind energy production.

The executive order includes the following directives:

  • withdrawal from disposition all areas within the Offshore Continental Shelf (OCS) for wind energy leasing;
  • a halt in consideration of any area in the OCS for new or renewed wind energy leasing;
  • a temporary halt and immediate review of federal wind leasing and permitting practices;

…
Continue Reading Wisconsin’s Wind Energy Future Uncertain After Executive Order

On February 7, 2025, legislators introduced Washington State House Bill 1881 and its companion bill, Senate Bill 5704 (collectively, the “Bills”), to enhance oversight and regulation of material changes within the state’s health care marketplace. The Bills’ primary stated objectives are to ensure that health care transactions do not adversely affect the accessibility, affordability and quality of health care services for Washington residents.
Background
Washington is one of a growing number of states that already require health care entities…
Continue Reading Washington State Proposes Companion Bills to Increase Scrutiny of Health Care Transactions