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Showing posts with the label Husch Blackwell LLP

Tennessee Draws a Line: New Law Bars AI from Posing as Mental Health Professionals

On April 1, 2026, Governor Bill Lee signed  Senate Bill 1580  into law, making Tennessee among the first states to specifically regulate how AI can be marketed and used in the mental health space. The new law takes effect July 1, 2026. What Does the New Law Do? The new law is short and straightforward, providing that a person who develops or deploys an artificial intelligence system cannot advertise or represent to the public that such a system is, or is able to act as, a qualified mental health professional. Artificial intelligence  is broadly defined to mean “models and systems capable of performing functions generally associated with human intelligence, including reasoning and learning.”  Qualified mental health professionals are  defined in existing Tennessee mental health law to include certain licensed psychiatrists, psychologists, psychological examiners, social workers, and marital and family therapists. The new law establishes a private right of action...

Emerging Cybersecurity Threats: Safeguarding Your Organization in a Rapidly Evolving Landscape

How AI-Powered Attacks, Supply Chain Vulnerabilities, and Regulatory Pressures Are Shaping Cybersecurity Today In today’s digital-first world, cybersecurity has never been more crucial. Organizations across every industry face a rapidly changing threat landscape, with data breaches growing in frequency and sophistication. Modern attackers leverage advancements in technology, particularly artificial intelligence (AI), to launch innovative campaigns that challenge traditional defenses. At the same time, supply chain vulnerabilities and increased regulatory scrutiny are raising the stakes for organizations. AI-Powered Threats: The New Frontier Artificial intelligence is transforming the cybersecurity landscape, empowering both defenders and adversaries. On one hand, security professionals utilize AI to rapidly detect threats and coordinate effective responses. On the other hand, cyberattackers are increasingly leveraging AI to enhance the sophistication and stealth of their attacks, makin...

Fair is Foul: Inside the EEOC’s Sweeping Subpoena in the Nike DEI Pattern or Practice Discrimination Investigation—and What Employers Should Know

This is not the macabre tale of MacBeth. It is the new legal reality. The EEOC’s sweeping subpoena to Nike signals a dramatic change in EEOC enforcement posture toward Diversity, Equity & Inclusion programs previously regarded as permissible, a shift that demands careful navigation by employers. On February 4, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a motion in the U.S. District Court for the Eastern District of Missouri to enforce the administrative subpoena issued in its investigation of Nike, Inc. (“Nike”), for alleged discrimination against white employees and applicants related to Nike’s Diversity and Inclusion (D&I) practices. The administrative subpoena arises out of Commissioner Andrea Lucas’ Charge (“Charge”) against Nike on May 24, 2024, alleging a pattern and practice of intentional discrimination, and alternatively, discrimination based on disparate impact theory. Among the documents attached as exhibits to the EEOC’s Motion to Enforce...

Transgender Rights in the Courts: A Year of Landmark Decisions and Pending Questions

The legal landscape for transgender rights in the United States continues to evolve rapidly, with the U.S. Supreme Court (the “Court”) and federal courts issuing pivotal decisions. The past year has seen high-profile cases on access to gender-affirming care, participation in school sports, restroom policies, and the intersection of First Amendment rights with issues of gender identity . These cases have resulted in a patchwork of rulings and left many legal questions unresolved, with significant implications for students, educators, and families nationwide. Supreme Court Action Last June, in  United States v. Skrmetti , the Court upheld Tennessee’s ban on gender-affirming care for minors, holding that the law was not sex discrimination since it applied equally to all youth, regardless of gender identity. By framing the issue as a medical regulation and deferring to state authority—rather than extending prior civil rights precedents like  Bostock , which held that Title VII pr...

Year-End False Claims Act Roundup: Key Cases, Enforcement Trends, and What Businesses Should Do Now

2025 has been a landmark year for False Claims Act (FCA) enforcement, marked by record-breaking settlements, evolving legal theories, and a broadening scope of government priorities. The FCA remains one of the federal government’s most potent tools for combating fraud, with billions recovered annually and an ever-expanding reach into new sectors and compliance areas . This roundup synthesizes the year’s most significant developments—drawing on recent case law and shifting enforcement priorities—and provides actionable insights for businesses navigating the FCA landscape. Case Law Update: Constitutional Challenges and Qui Tam Relators In 2025, the constitutionality of the FCA’s qui tam provisions—which empower private litigants (relators) to prosecute fraud claims on the government’s behalf—continued to emerge as a focal point of judicial debate . Historically, federal courts, including the U.S. Court of Appeals for the Fifth, Sixth, Ninth, and Tenth Circuits, have rejected arguments ch...

Practical Tips for Avoiding Common Mistakes with the 855 Medicare Enrollment Form

Medicare provider enrollment and the infamous CMS 855 Form rarely make for headline-grabbing topics. Nevertheless, the consequences of mismanaging your Medicare provider enrollment record can be severe, including deactivation of your Medicare billing privileges and disruption of your cashflow. As attorneys who regularly help providers untangle these issues, we focus on helping organizations sidestep avoidable headaches. In this article, we share the most common mistakes we see related to the 855 form and offer practical tips to ensure you remain compliant with Medicare’s provider enrollment rules. Why the 855 Form Deserves Your Attention While the 855 form may seem like an administrative chore, it is the gateway to Medicare reimbursement. Mistakes or delays in updating your enrollment record can lead to a stay or enrollment, deactivation, or other adverse consequences—often at the worst possible time. The good news is that most issues are preventable with the right processes and awar...

Navigating WARN Act Compliance Amid Government Shutdown and Federal Contract Cancellations: What Federal Contractors Need to Know

The Trump administration’s push to downsize the federal workforce has entered a new phase, marked by rounds of layoffs, the deferred-resignation plan, and other voluntary departure programs. As the federal government shutdown enters its second week, the administration has escalated its response by threatening sweeping program cuts and workforce reductions. As the administration continues its focus on reducing federal spending, many federal contractors are bracing for a wave of contract and grant reviews, reductions, and terminations . These changes, often sudden and sweeping, can force federal contractors and grant recipients into difficult decisions about workforce reductions. For recipients of federal funds, these decisions are not just operational or financial—they also carry significant legal obligations under the federal Worker Adjustment and Retraining Notification (WARN) Act, and in some cases, under state “mini-WARN” laws that can be even more stringent. Navigating the complexi...