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Employer's unilateral right to modify employee handbook invalidates employee dispute arbitration agreement
- Baker & Hostetler LLP
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- USA
- -
- 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
Deferred compensation forfeiture clause declared to be an unenforceable non-compete agreement
- Baker & Hostetler LLP
- -
- USA
- -
- 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
Texas court holds recruitment agreement does not create hospital respondeat superior liability
- Baker & Hostetler LLP
- -
- USA
- -
- 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
- -
- USA
- -
- 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
H1N1 OSHA inspections
- Baker & Hostetler LLP
- -
- USA
- -
- 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
Texas physician non-compete legislation
- Baker & Hostetler LLP
- -
- USA
- -
- 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
Hospital liable under aviation safety whistleblower law
- Baker & Hostetler LLP
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- USA
- -
- July 23 2009
Miami Valley Hospital (Miami Valley) and an air ambulance service which furnished pilots and mechanics for the hospital's air ambulance operation were held jointly liable by the U.S. Department of Labor's Administrative Review Board (Board) for violating the whistleblower protection provisions of the Aviation Investment and Reform Act for the 21st Century (AIR 21) when they fired an air ambulance pilot as a result of his safety-related complaints to a supervisor and the Federal Aviation Administration
Swine flu prompts heightened alert; issues for employers
- Baker & Hostetler LLP
- -
- Global, USA
- -
- April 30 2009
The World Health Organization (WHO) has raised the Pandemic Threat Level for swine flu influenza A(H1N1) to phase 5 out of 6 levels, signifying that human-to-human transmission is occurring all over the world
Professional liability insurance - sexual assault loophole
- Baker & Hostetler LLP
- -
- USA
- -
- September 29 2011
Radiology Associates filed suit against its insurers to compel the insurers to defend Radiology Associates against claims stemming from an employee's alleged sexual assault of a patient while performing an unauthorized examination at their facility
Joint venture company advisory opinion
- Baker & Hostetler LLP
- -
- USA
- -
- April 14 2011
The U.S. Department of Health and Human Services (HHS) OIG on April 7 issued OIG Advisory Opinion No. 11-03, in which it concluded that the formation and operation of a new long-term care pharmacy to be owned by an employee of a sponsoring long-term care pharmacy along with long-term care facility owners could potentially constitute a kickback
Current Search
- Workarea - Employment & Labor
- Workarea - Healthcare
- Author - Robert M. Wolin
- Firm Name - Baker & Hostetler LLP