On September 10, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson sent letters to major healthcare employers and staffing agencies, encouraging them to review their use of noncompete agreements and restrictive covenants. He warned that the FTC will pursue enforcement against overly broad or unjustifiably restrictive noncompetes that hinder worker mobility or limit patient choice. This action, among others, signals the FTC’s intent to scrutinize such agreements – particularly in the healthcare sector – on a case-by-case basis.
DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector
On July 29, 2025, the US Department of Justice (DOJ) issued a guidance memorandum that defines what it considers to be “unlawful discriminatory policies and practices” under federal civil rights laws. The guidance also includes a list of non-binding “best practices” to help entities decrease the risk of legal violations. While the guidance is primarily geared toward federal funding recipients, the DOJ warns that private employers subject to federal civil rights statutes should review the guidance and ensure their employment practices do not run afoul of federal law.
Learn what implications the DOJ’s guidance has for DEI practices in the private sector.
AI in employer-sponsored group health plans: Legal, ethical, and fiduciary considerations
Artificial intelligence (AI) has increasingly been integrated into the tools used by and for employer-sponsored group health plans, prompting a multitude of concerns. In this article, we discuss key issues that require immediate attention from both plan sponsors and plan administrators.
CMS to enforce MMSEA 111 reporting compliance beginning October 2025
Starting October 11, 2025, organizations that fail to meet reporting obligations under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA 111) may face civil monetary penalties (CMPs). While this change does not alter the long-standing reporting requirements or the existing risk of liability under the federal False Claims Act for causing Medicare overpayments due to MMSEA 111 reporting errors, the introduction of CMPs significantly increases the compliance risk for insurers, self-insured entities, and third-party administrators subject to MMSEA 111.
IRS provides updated mortality tables for defined benefit pension plans
The Internal Revenue Service (IRS) issued Notice 2025-40, providing updated static mortality tables for defined benefit pension plans under Code Section 430(h)(3)(A) and Section 303(h)(3)(A) of the Employee Retirement Income Security Act. These updated static mortality tables apply for purposes of calculating the funding target and other items for valuation dates occurring during the 2026 calendar year.
