Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

BMD Makes 2023 U.S. News & World Report "Best Law Firms" Edition

Client Alert

Brennan Manna & Diamond (BMD) is pleased to share the news that our firm is recognized among the “Best Law Firms” in the U.S. News & World Report 2023 edition in 14 practice areas.  “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.    

This year, BMD is recognized in the metropolitan areas of Akron (Akron office), Cleveland (Cleveland office), and Fort Myers (Bonita Springs office) for professional excellence in: 

Metropolitan Tier 1
Akron

  • Health Care Law 
  • Litigation - Trusts & Estates 

Metropolitan Tier 2
Akron

  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law 
  • Corporate Law 
  • Litigation - Intellectual Property 
  • Litigation - Labor & Employment 
  • Trusts & Estates Law 

Cleveland 

  • Corporate Law 

Fort Myers (Bonita Springs)

  • Real Estate Law 

Metropolitan Tier 3 
Akron 

  • Closely Held Companies and Family Businesses Law 
  • Tax Law 
  • Trademark Law 

Cleveland 

  • Health Care Law 
  • Litigation - Labor & Employment 

Congratulations to our attorneys who are recognized for their professional excellence. 


The NLRB Limits the Reach of Confidentiality and Non-Disparagement Provisions in Severance Agreements Overruling Trump-Era Policies

Employers should exercise caution and closely examine the content of severance agreements to ensure compliance with a recent National Labor Relations Board (“NLRB”) decision.  On February 21, 2023, the NLRB restricted the breadth of permissible language of confidentiality and non-disparagement clauses when it issued its decision in McLaren Macomb and overruled its Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology.

Ohio Medical Board Releases New Telehealth Rules

On Tuesday, February 21, 2023, the State Medical Board of Ohio released its final telehealth rules to implement Ohio’s telehealth statute (O.R.C. 4743.09) for physicians, physician assistants, dieticians, respiratory care professionals and genetic counselors. Ohio’s advanced practice registered nurses (“APRNs”) should also take note of these rules. While the Medical Board does not govern APRNs directly, those APRNs who are required to have a collaborating physician and standard care arrangement (namely nurse practitioners, certified nurse midwives, and clinical nurse specialists) are still affected by the rules. Generally, if an APRN’s collaborating physician is limited in their practice, then the APRN will also be limited.

The End of the Public Health Emergency is (Finally) Here

The COVID-19 Public Health Emergency (“PHE”) that has been in effect for over three years is finally slated to end on May 11, 2023.[1] With the end of the PHE will come many changes for healthcare providers to be aware of; however, some changes may not come until much later.

Multi-340B Contract Pharmacy Locations on the Brink? The Third Circuit’s Ruling Gives a Hint.

The 340B drug discount program requires pharmaceutical manufacturers to offer to sell their products at significant discounts to safety net providers called “covered entities.” In 1996, the Health Resources and Services Administration (HRSA) issued guidance authorizing covered entities to enter into a contract pharmacy arrangement with a single third-party contract pharmacy, to which the manufacturer would ship 340B medications but bill the covered entity. In 2010, HRSA issued revised guidance permitting covered entities to enter into an unlimited number of contract pharmacy arrangements.

Five Opportunities for Operations and Compliance Excellence in 2023

With the holidays behind us and the rest of the year ahead, now is the perfect time to get your operational/compliance house in order! Though your list might be a mile (or an inch) long, here are five places to start.