Brach Eichler Talks

SCOTUS Cornell Decision Opens the Door to Frivolous Lawsuits over Pension Plan Fees

In this episode, Brach Eichler’s Jay Sabin breaks down the Supreme Court’s recent decision in Cunningham v. Cornell University and what it means for employers and fiduciaries of employee benefit plans. The ruling dramatically lowers the pleading standard for “excessive fee” lawsuits under ERISA, making it easier for plaintiffs to advance claims and harder for plan sponsors to dismiss them early. Jay explores the legal implications, how this decision could open the door to a wave of new litigation, and what proactive steps employers can take now to mitigate risk.
To learn more, contact Jay Sabin at 917-596-8987 or jsabin@bracheichler.com.
*This is intended to provide general information, not legal advice. Please contact Jay if you need specific legal advice.

Tax Court Examines Discounted Cash Flow Valuation and Tax Affecting in Recent Decision

In this episode, the Brach Eichler Tax Team breaks down the recent Tax Court decision in Pierce v. Commissioner, which dives deep into the use of the discounted cash flow (DCF) method and the complex issue of tax affecting in valuing closely held businesses for gift tax purposes. Although not precedential, the court's analysis offers valuable guidance on real-world valuation strategies, including projected cash flow, discount rate, terminal value, and non-operating assets.
Listen in as we unpack how the court weighed expert testimony, analyzed risk adjustments like shareholder disputes and marketing gaps, and addressed the Delaware Chancery method for tax affecting. If you're advising clients on gifting interests in private businesses, this case is one you don’t want to miss.
📩 For guidance on how these valuation principles may affect your estate or gift tax strategy, contact:- David J. Ritter at dritter@bracheichler.com | 973-403-3117- Stuart M. Gladstone at sgladstone@bracheichler.com | 973-403-3109- Robert A. Kosicki at rkosicki@bracheichler.com | 973-403-3122- Cheryl L. Ritter at critter@bracheichler.com | 973-364-8307
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

Out-of-State Health Care Workers Might Alleviate New Jersey’s Health Care Worker Shortage

In this episode of Brach Eichler Talks, we discuss a timely article from our Healthcare Law Update newsletter: “Out-of-State Health Care Workers Might Alleviate New Jersey’s Health Care Worker Shortage.” Learn about proposed legislation that would allow certain out-of-state licensed professionals—and recent graduates—to practice temporarily in New Jersey while awaiting full licensure. We break down who’s eligible, how it could impact providers, and what it means for the future of healthcare staffing in the state.
To learn more, contact John D. Fanburg at 973.403.3107, Edward Hilzenrath at 973.403.3114, or Rebecca T. Falk at 973.364.8393.
🎧 Subscribe now to stay informed on the latest in healthcare law and policy.
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice. 

Proposed Amendments to HIPAA Security Rule: What’s Ahead

In this episode, we discuss the proposed amendments to the HIPAA Security Rule released by the U.S. Department of Health and Human Services. Lani M. Dornfeld, Esq., CHPC, Member of the Healthcare Law Practice at Brach Eichler, walks us through what these changes could mean for healthcare providers and business associates, the industry’s strong response, and what might come next. With cybersecurity threats on the rise, it’s more important than ever to understand your obligations and prepare your organization.
Read the article now at https://www.bracheichler.com/insights/proposed-amendments-to-hipaa-security-rule-whats-ahead/
For questions or help reviewing your data privacy and security program, contact Lani at ldornfeld@bracheichler.com or 973-403-3136. For more information about Lani, visit https://www.bracheichler.com/professionals/lani-m-dornfeld/
*This is intended to provide general information, not legal advice. Please contact the author if you need specific legal advice.

Update Regarding the Corporate Transparency Act

In this episode, we discuss the latest update on the Corporate Transparency Act (CTA) and what it means for businesses. The U.S. Department of the Treasury has announced changes to the enforcement of beneficial ownership reporting requirements, including a delay in penalties and a narrowed scope focusing on foreign entities. We also break down key deadlines and what companies need to know to stay compliant. Tune in for essential insights from Brach Eichler’s legal team.
Additional information can be found on FinCEN’s website.
If you have any questions about this article, please contact any of the attorneys listed below or your usual Brach Eichler contact person.
John D. Fanburg, Managing Member and Chair, Healthcare Law Practice, at jfanburg@bracheichler.com or 973-403-3107
Edward Hilzenrath, Member, Healthcare Law Practice, at ehilzenrath@bracheichler.com or 973-403-3114
David L. Tsin, Counsel, Corporate Transactions & Financial Services Practice, at dtsin@bracheichler.com or 973-364-5237
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

Operators of New Jersey Nursing Home Accused of Medicaid Fraud

New Jersey’s Office of the State Comptroller (OSC) has uncovered a shocking Medicaid fraud scheme involving South Jersey Extended Care (SJEC). In this episode, we break down the five-year investigation that revealed how SJEC operators Michael Koning and Steven Krausman, along with straw owner Mark Weisz, allegedly siphoned millions in Medicaid funds into their personal businesses—leaving the nursing home underfunded and understaffed. We also discuss the regulatory loopholes that enabled this scheme and the OSC’s recommendations to prevent future fraud in the Medicaid program. Tune in to learn more about this alarming case and its impact on the healthcare system.
Click Here to read the entire February 2024 Healthcare Law Update now!
For more information, contact:Riza I. Dagli | 973.403.3103 | rdagli@bracheichler.comEdward J. Yun | 973.364.5229 | eyun@bracheichler.comCynthia J. Liba | 973.403.3106 | cliba@bracheichler.com
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

Update Regarding the Corporate Transparency Act and Related Filing Deadlines

Stay up to date on the latest developments regarding the Corporate Transparency Act (CTA) and key filing deadlines. In this episode, we break down the impact of the recent U.S. District Court ruling that reinstates the CTA’s beneficial ownership information reporting requirements. Learn what this means for Reporting Companies, the updated March 21, 2025, deadline, and potential penalties for noncompliance. For businesses navigating these regulations, this is a must-listen update from Brach Eichler’s Corporate Transactions & Financial Services team.
For more information or legal guidance, contact John D. Fanburg at jfanburg@bracheichler.com, Edward Hilzenrath at ehilzenrath@bracheichler.com, or David L. Tsin at dtsin@bracheichler.com.
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Job Applicants Have No Right to Sue Under New Jersey’s Adult-Use Cannabis Law

Can job applicants in New Jersey sue if they're rejected due to a positive cannabis test? A recent Third Circuit Court ruling says no. In this episode, we break down the court's decision, its implications for employers, and the lingering uncertainties surrounding cannabis testing in the workplace. What does this mean for hiring policies, legal risks, and workplace safety? Tune in as we explore these key questions and what employers need to know.
🎧 Listen now and stay informed on the latest in labor and employment law.
 
For more information about cannabis in the workplace, please contact:
Jay Sabin, Member, Labor and Employment Practice at 917-596-8987 or jsabin@bracheichler.com
 
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.