Brach Eichler Talks | Law & Legal Insights from Lawyers

In this episode of Brach Eichler Talks, Keith J. Roberts, Member and Chair of Litigation at Brach Eichler LLC, revisits the rapidly evolving intersection of artificial intelligence and litigation practice. Focusing on key court decisions from March 2026—including Jeffries, a toxic tort matter involving competing motions for confidentiality and protective orders—Keith breaks down why closed AI envi...

The U.S. Court of Appeals for the Third Circuit recently decided in MacDonald v. President of the New Jersey State Board of Medical Examiners that only physicians licensed in New Jersey may practice telemedicine with patients located in New Jersey. The underlying action was filed by multiple out-of-state physicians who did not hold a New Jersey medical license but sought to practice telemedicine w...

In this episode of the Brach Eichler Healthcare Law Update, healthcare law attorneys Lani M. Dornfeld and Edward J. Yun discuss a critical notice issued by the New Jersey Division of Consumer Affairs (DCA). The DCA has officially extended the 2026 registration renewal deadline for health care service firms from July 1, 2026, to October 1, 2026. This extension provides necessary relief for firms na...

In this episode, we are breaking down important new guidance from the New Jersey Attorney General concerning federal immigration authorities and their access to healthcare facilities. We discuss the new model policies issued under the Safe Communities Act. Listen in to learn what your facility needs to do when immigration officers request entry to non-public areas or ask for patient records. We co...

In this episode, we dive into a recent HIPAA investigation by the Office for Civil Rights that resulted in a massive $450,000 settlement and a strict two year corrective action plan. We unpack the details of the Spencer Gifts ransomware breach and discuss exactly where their compliance and risk analysis fell short. Healthcare entities and business associates are under a microscope right now. We br...

New Jersey just set a new national standard for employee-friendly leave, leaving even California in the dust. In this episode, we break down the groundbreaking legal shift that went into effect on July 17, 2026, fundamentally altering the landscape for businesses across the Garden State. Whether you run a large corporation or a small local business, the rules of the game have changed. Employees re...

In this episode of the Brach Eichler Talks podcast, we dive into a critical healthcare law update affecting medical facilities and communities across New Jersey. We explore a newly proposed bill introduced by State Sen. Raj Mukherji that targets hospital closures and financial distress. Recent hospital closures have highlighted gaps in regulatory enforcement when operators scale back services or a...

In this episode of the Brach Eichler Talks podcast, Members Lani M. Dornfeld, CHPC, and Jay Sabin discuss one of the most pressing issues facing business leaders today: the unregulated use of artificial intelligence in the workplace. Click here to view the Action Plan now. With the rapid evolution of technology, there is a widening gap between employee adoption of AI and corporate management. Lani...

Welcome back to Part 2 of our comprehensive four-part series on "Brach Eichler Talks," breaking down the evolving landscape of New Jersey cannabis laws. In this episode, we shift focus from the business side (covered in Part 1) to the consumer side. We answer the most frequent questions regarding purchasing, possessing, gifting, and consuming cannabis in the Garden State, ensuring you stay informe...

In this episode of the Brach Eichler Talks podcast, we break down a critical July 2026 New Jersey Supreme Court decision impacting insurance fraud litigation. The Court ruled that New Jersey Insurance Fraud Prevention Act (IFPA) claims and RICO-based fraud claims are not subject to the personal injury protection (PIP) arbitration process, but instead belong in the Law Division with the right to a...

In this episode of the Brach Eichler Talks podcast, we discuss a major healthcare law update: the implementation of the Medical Aid in Dying Act (S.138/A.136) in New York State. Signed into law by Governor Hochul, this legislation allows terminally ill, mentally competent adults to self-administer life-ending medication. We break down the critical components of the Act, including the extensive saf...

In this episode of the Brach Eichler Talks podcast, we discuss a crucial healthcare law update regarding New Jersey Governor Mikie Sherrill signing P.L.2026, c.29 into law. This legislation extends telemedicine and telehealth pay parity requirements, ensuring provider reimbursement rates equal in-person rates, from July 1, 2026, through December 31, 2027. Tune in to learn about what this means for...

In this episode of Brach Eichler Talks, we dive into the privacy implications of your wearable technology. New Jersey Senate Bill No. 4065 aims to curb the unauthorized sale of sensitive health data collected by smartwatches, fitness trackers, and other devices, shifting the power back to the consumer. We break down what this proposed legislation means for your personal privacy and the future of h...

In this episode, we break down the Federal Trade Commission's latest move to reshape the healthcare landscape: the formation of a new, centralized Healthcare Task Force. We examine how this task force, working in tandem with the DOJ and HHS, aims to sharpen oversight on competition, affordability, and consumer protection. Tune in to understand what this heightened scrutiny means for healthcare tra...

In this episode, we break down the Medicare Advantage Improvement Act of 2026 (H.R. 8375/S. 4384) and what its proposed reforms mean for the healthcare industry. As bipartisan pressure mounts to address concerns over prior authorization delays and retroactive payment denials, our panel examines how this bill aims to standardize utilization management and increase transparency in Medicare Advantage...

Welcome to the inaugural episode of Beyond the Brief with Keith J. Roberts, a new series on the Brach Eichler Talks podcast. In this first episode, Keith tackles the rapidly emerging issues surrounding the use of artificial intelligence in litigation. Analyzing two recent decisions (Morgan v. v2x Inc. and Jefferies v. Har Cross Chemicals), the discussion breaks down how courts are navigating prote...

Join the attorneys at Brach Eichler Counselors at Law as we analyze critical developments in the healthcare sector. In this episode, we unpack the recent sentencing of a New Jersey pharmacy owner involved in a $2.5 million Medicare fraud scheme. We examine the mechanics of the fraud, the legal consequences for the defendant, and the broader implications for compliance within the industry. Stay inf...

Are you looking to enter the cannabis industry in New Jersey but unsure where to start? Welcome to Part 1 of our 4-part series diving into the evolving landscape of New Jersey cannabis laws. In this first episode, we break down the essential rules for selling and operating a cannabis business in the Garden State. Whether you are a seasoned entrepreneur or exploring the market for the first time, w...

Welcome to the Brach Eichler Talks podcast, where we explore and discuss today's trending legal topics. In this vital episode for healthcare administrators and providers, we break down the recent healthcare law alert regarding new Department of Health and Human Services (HHS) accessibility requirements. On July 8, 2024, the HHS implemented new accessibility mandates for medical diagnostic equipmen...

In this episode, we break down the recent move by the Centers for Medicare & Medicaid Services (CMS) to implement a temporary, nationwide moratorium on new Medicare enrollments for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) suppliers. Tune in as we discuss the details of the six-month freeze that went into effect on February 27, 2026. We cover why existing...

In this episode, we dive into a major legislative update impacting New Jersey’s healthcare landscape: Governor Mikie Sherrill's signing of P.L.2026, c.6. This new law permanently grants independent practice authority to certain Advanced Practice Nurses (APNs) in primary and behavioral health care, eliminating the need for joint protocols with collaborating physicians. Join the Brach Eichler Health...

In this episode of Brach Eichler Talks, we break down the recent New Jersey Department of Health (NJDOH) memo detailing documentation production obligations for licensed healthcare facilities. Are your facility's internal reports protected under the PSQIA, or are they subject to state disclosure? We clarify the critical differences between privileged patient safety work product and mandatory regul...

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...

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 tel...

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 requiremen...