Brach Eichler Talks | Law & Legal Insights from Lawyers

The FTC is Challenging Non-Competes – It May Be Time To Review Your Practices

Think your non-compete agreements are safe because the federal ban didn't pass? Think again.
In this episode, we break down a major shift in how the Federal Trade Commission (FTC) is handling non-competes. While the "one-size-fits-all" ban may have stalled, the FTC has moved to a high-scrutiny, case-by-case approach. We take a close look at the recent proposed order against Rollins, Inc., and why "indiscriminate" policies, requiring every worker to sign a non-compete regardless of their role, are now catching the eyes of antitrust regulators.
If you’re an employer, it’s time to move past the "routine" signature and start looking at your independent justifications for protecting confidential information. We discuss what’s still defensible (like corporate transactions and high-level access) and what might be inviting an investigation.
Connect with Jay
For more information on the FTC’s recent actions or for legal guidance on structuring a defensible non-compete program, reach out to Jay Sabin.
Jay Sabin, Esq.
Member, Labor and Employment Practice at Brach Eichler LLC
Phone: 917.596.8987
Email: jsabin@bracheichler.com
Read the Full Alert
Want to dive deeper into the details? You can read the full legal alert on the Brach Eichler website here: The FTC is Challenging Non-Competes: It May Be Time To Review Your Practices
Disclaimer: This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Key Healthcare Reforms Enacted as Part of 2026 Federal Spending Law

In this episode of Brach Eichler Talks, we discuss key healthcare reforms enacted as part of the 2026 Consolidated Appropriations Act, including the two-year extension of Medicare telehealth flexibilities through December 31, 2027, and new federal oversight requirements for pharmacy benefit managers.
The episode highlights what healthcare providers and organizations should know about continued telehealth access for Medicare beneficiaries, PBM rebate pass-through requirements, prescription drug pricing transparency, audit provisions, and disclosure obligations related to affiliated pharmacies.
Listen for a clear overview of these important federal healthcare policy updates and what they may mean for the healthcare industry.
📲 Read the full alert now: https://www.bracheichler.com/insights/key-healthcare-reforms-enacted-as-part-of-2026-federal-spending-law/
For more information, contact:Joseph M. Gorrell | 973.403.3112 | jgorrell@bracheichler.comRichard B. Robins | 973.447.9663 | rrobins@bracheichler.comRebecca Falk | 973.364.8393 | rfalk@bracheichler.com
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

New Jersey Healthcare Providers Face New Observer Training Requirements Starting April 18 – Here’s What You Need to Know

Stay ahead of New Jersey’s latest healthcare compliance changes in this episode of Brach Eichler Talks. We break down the new observer training and qualification requirements taking effect April 18, 2026, under the New Jersey Board of Medical Examiners’ amended observer regulation.
This episode explains what healthcare providers, practices, and licensees need to know about CP-2 training requirements, written affirmations, observer responsibilities, notice and posting obligations, recordkeeping, and practical compliance steps for applicable practice locations. If your practice uses observers during sensitive examinations, this is an important update to understand now.
Listen in for a clear overview of the new requirements and what your organization should do to prepare.
For more information, contact:
John D. Fanburg, Esq., Managing Member and Chair, Healthcare Law, jfanburg@bracheichler.com, 973.403.3107
Edward Hilzenrath, Esq., Member, Healthcare Law, ehilzenrath@bracheichler.com, 973.403.3114
Erika R. Marshall, Esq., Counsel, Healthcare Law, emarshall@bracheichler.com, 973.364.5236
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

IRS CP261 Reminder: Subchapter S Salary & Payroll Tax Requirements

In this episode, Brach Eichler attorneys discuss an important IRS reminder for Subchapter S corporations and what business owners, especially those in the healthcare field, should know about salary and payroll tax requirements. The conversation covers the IRS CP261 Notice, the requirement to pay shareholder-employees “reasonable compensation,” and the risks of underpaying salary in favor of distributions. The episode also highlights why proper payroll practices and careful tracking of stock and debt basis matter for S Corp owners.
Whether forming a new business entity or currently operating as an S Corporation, this episode offers helpful insight into an area that can create costly tax issues if handled incorrectly.
If you are contemplating the formation of a new business entity or are currently an employee/owner of a Subchapter S Corporation, do not hesitate to contact David Ritter, Stuart Gladstone, Bob Kosicki or Cheryl Ritter for guidance in dealing with the nuances of the operation. The need to pay a “reasonable salary” to the owner-employee is but one.
For more information or assistance, please contact: 
David J. Ritter, Esq., Member and Chair, Tax Practice, at dritter@bracheichler.com or 973-403-3117
Stuart M. Gladstone, Esq., Member, Tax Practice, at sgladstone@bracheichler.com or 973-403-3109
Robert A. Kosicki, Esq., Counsel, Tax Practice, at rkosicki@bracheichler.com or 973-403-3122
Cheryl L. Ritter, Esq., Counsel, Tax Practice, at critter@bracheichler.com or 973-364-8307
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Health Law Alert: Governor Sherrill Signs Law Granting Independent Practice Authority for Certain Advanced Practice Nurses

In this episode of the Brach Eichler Talks Podcast, Brach Eichler healthcare attorneys discuss New Jersey’s new law granting independent practice authority to certain advanced practice nurses. The conversation covers who qualifies, the 5,000-hour requirement, prescribing authority, the grace period for eligible APNs, and what the law means for healthcare providers across the state.
📲 Read the full alert now at: https://www.bracheichler.com/insights/health-law-alert-governor-sherrill-signs-law-granting-independent-practice-authority-for-certain-advanced-practice-nurses/
For more information, contact:John D. Fanburg, Chair | 973.403.3107 | jfanburg@bracheichler.comEdward Hilzenrath, HLU Editor | 973.403.3114 | ehilzenrath@bracheichler.comVanessa Coleman | 973.364.5208 | vcoleman@bracheichler.com
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Healthcare Providers Must Update Their Notice of Privacy Practices by February 16, 2026

In this episode of the Brach Eichler Talks podcast, we discuss a critical compliance deadline for healthcare providers: the February 16, 2026 requirement to update Notices of Privacy Practices to address protections for substance use disorder treatment records under 42 CFR Part 2. We break down what parts of the federal rule remain enforceable, when non-SUD providers may still be subject to Part 2 obligations, and what enforcement activity healthcare organizations should expect from DHHS and OCR. We also cover key practical considerations, including policy updates, staff training, and business associate agreement review.
For additional information or assistance with your privacy and security program, including your business associate relationships and contracts, contact:
Lani M. Dornfeld, Esq., CHPC, Member, Healthcare Law, ldornfeld@bracheichler.com, 973.403.3136
*This is intended to provide general information, not legal advice. Please contact Lani if you need specific advice.

New Jersey Amended Regulations: Indoor Air Notification and New RAP Media Component

New Jersey’s environmental remediation rules have changed. In this episode of the Brach Eichler Talks Podcast, we discuss recent NJDEP amendments to N.J.A.C. 7:26B, 7:26C, 7:26E, and 7:26F, including the creation of the new Indoor Air Notification Area (IANA) and important updates to the Remedial Action Permit (RAP) process. We break down what these changes mean for property owners, developers, environmental professionals, and others navigating compliance in New Jersey.
📲 To read the full alert, visit Brach Eichler’s website: https://www.bracheichler.com/insights/new-jersey-amended-regulations-indoor-air-notification-and-new-rap-media-component/
If you have any questions about this article, please contact:
- Frances B. Stella, Member and Chair, Environmental and Land Use Practice, at fstella@bracheichler.com or 973.403.3149
- Lindsay P. Cambron, Counsel, Environmental and Land Use Practice, at lcambron@bracheichler.com or 973.364.5232
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

Governor Sherrill Signs Executive Order to Extend Flexibilities for Certain Health Care Professionals Until April 2, 2026

In this episode, Brach Eichler attorneys discuss New Jersey Governor Mikie Sherrill’s Executive Order No. 13, which extends certain temporary healthcare practice flexibilities until April 2, 2026. The episode explains what the extension means for Advanced Practice Nurses (APNs), Physician Assistants (PAs), and providers practicing under temporary or foreign licenses, and highlights the steps healthcare providers and facilities should take now to prepare for the compliance deadline.
The discussion also covers the possible impact of Senate Bill 2996, which could expand the scope of practice for certain experienced APNs in New Jersey.
Featuring insights from John D. Fanburg, Carol Grelecki, Edward Hilzenrath, and Rebecca T. Falk of Brach Eichler’s Healthcare Law Practice. For more information or to contact our Healthcare Practice, visit  https://www.bracheichler.com/practices/health-law/
📲 Read the entire alert now: https://www.bracheichler.com/insights/governor-sherrill-signs-executive-order-to-extend-flexibilities-for-certain-health-care-professionals-until-april-2-2026/
*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.