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No sale -- sales commissions violate anti-kickback statute; prevent enforcement of nonsolicitation

Baker & Hostetler LLP
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USA
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March 7 2013

A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22

Sterilizing instruments with a coffee machine puts hospital in hot water with the NLRB

Baker & Hostetler LLP
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USA
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August 2 2012

On a February morning a hospital's heat, hot water and steam system was being repaired

Deferred compensation forfeiture clause declared to be an unenforceable non-compete agreement

Baker & Hostetler LLP
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USA
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February 19 2009

A Texas Court of Appeals recently held that a medical practice's deferred compensation program's forfeiture provision was an unenforceable non-compete agreement

Employer's unilateral right to modify employee handbook invalidates employee dispute arbitration agreement

Baker & Hostetler LLP
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USA
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February 19 2009

A Texas Court of Appeals recently held that an employer's arbitration policy was unenforceable because the policy was conditioned upon an illusory promise

Texas court holds recruitment agreement does not create hospital respondeat superior liability

Baker & Hostetler LLP
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USA
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May 14 2009

In a recent case, the Fort Worth Court of Appeals held that a physician recruitment agreement that provided a physician with an income guaranty, sign-on bonus and relocation reimbursement did not make the hospital liable for the malpractice liability of a physician under the doctrine of respondeat superior

FDA issues guidance on clinical investigator responsibilities

Baker & Hostetler LLP
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USA
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October 29 2009

The Food and Drug Administration (FDA) recently issued Guidance for Industry Investigator ResponsibilitiesProtecting the Rights, Safety, and Welfare of Study Subjects (Guidance) to help investigators satisfy their responsibilities with respect to protecting human subjects and ensuring the integrity of the data from clinical investigations

I dream of GINA -- three wishes for nondiscrimination

Baker & Hostetler LLP
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USA
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October 29 2009

The Genetic Information Nondiscrimination Act’s (GINA) employment-related provisions become effective November 21, 2009

H1N1 OSHA inspections

Baker & Hostetler LLP
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USA
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October 29 2009

On October 14, the Occupational Safety and Health Administration (OSHA) announced that it will issue a compliance directive in the near future regarding inspections related to healthcare workers facing high to very high risk of occupational exposures to the 2009 H1N1 influenza A virus

Too tired to drive home? Texas Supreme Court says don't worry

Baker & Hostetler LLP
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USA
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July 9 2009

In a recent decision, the Texas Supreme Court held that employers generally owe no duty to third parties for off-duty accidents caused by employees who leave work in an extremely fatigued state

Texas physician non-compete legislation

Baker & Hostetler LLP
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USA
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April 2 2009

Legislation was recently introduced in the Texas legislature that would prohibit physician covenants not to compete unless the covenant was part of an agreement that obligated the physician to perform personal services as a licensed physician

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