Brach Eichler Talks | Law & Legal Insights from Lawyers

Brach Eichler LLC

Brach Eichler Talks is a legal podcast hosted by attorneys at Brach Eichler that provides actionable insights across a broad spectrum of practice areas, including corporate law, healthcare, labor and employment, litigation, real estate, tax, trusts & estates, and more. Tailored for business owners, healthcare providers, general counsel, and individuals, each episode translates complex legal developments and real-world challenges into clear, practical guidance to help you stay informed and prepared. 🎙️ Stream it now on Apple Podcasts, Spotify, YouTube, Podbean, Amazon Music, and iHeartRadio. 🔗 Learn more and explore full episodes at https://www.bracheichler.com/brach-eichler-talks-podcast/

  1. 1d ago

    NJ AG and Others Sue to Protect Health Insurance Coverage under the ACA

    In this episode of Brach Eichler Talks, members of Brach Eichler’s Healthcare Law practice break down the multi-state lawsuit challenging new federal regulations for 2027 Affordable Care Act (ACA) health plans. Co-led by New Jersey Attorney General Jennifer Davenport and California Attorney General Rob Bonta, a coalition of 21 attorneys general and the Governor of Pennsylvania filed suit to block key provisions of the federal rule. Our attorneys examine the core arguments behind the legal challenge and analyze what these potential shifts mean for consumers, healthcare providers, and state marketplaces. Key Topics Covered in This Episode: Overview of the multi-state coalition lawsuit challenging the 2027 ACA health plan regulations Concerns surrounding the revival of vacated provisions, including stricter income verification and paperwork penalties Expanded eligibility for catastrophic plans and changes allowing plans to exceed statutory out-of-pocket limits The potential financial fallout for providers and states due to reduced enrollment and shifting cost burdens Local implications for New Jersey following the expiration of enhanced federal premium tax credits Featured Attorneys: Caroline J. Patterson, Member and Vice Chair, Healthcare Law Practice Edward J. Yun, Member, Healthcare Law Practice Vanessa Coleman, Associate, Healthcare Law Practice 🔗 Click here to read the full article now *This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

    NJ AG and Others Sue to Protect Health Insurance Coverage under the ACA

  2. Oct 20

    Cannabis in New Jersey FAQs (Part 3 of 4): Employment Protections & Drug Testing

    Welcome back to Brach Eichler Talks, where we explore today's trending legal topics. In this episode (Part 3 of our 4-part series on New Jersey Cannabis Laws), we tackle key questions surrounding cannabis use and the workplace. As the legal landscape continues to evolve, both employers and employees must navigate new rules regarding off-duty consumption, disciplinary action, and workplace safety. Key Topics Covered in This Episode: - Adverse Action & Firing: Why New Jersey law protects employees from termination or discrimination solely based on off-duty cannabis use or the presence of cannabinoid metabolites. - Federal Exceptions: The specific circumstances under which an employer can take adverse action (such as compliance with federal contracts or federal funding requirements). - Drug Testing Rules: When employers are permitted to test: including reasonable suspicion, observable impairment during work hours, post-accident investigations, pre-employment screening, and random testing. - Next Steps: How to approach HR policies and why employment counsel matters. Contact Our Practice Leads: - John D. Fanburg, Esq. | 973.403.3107 | jfanburg@bracheichler.com | https://www.bracheichler.com/professionals/john-d-fanburg/ - Charles X. Gormally, Esq. | 973.403.3111 | cgormally@bracheichler.com | https://www.bracheichler.com/professionals/charles-x-gormally/ *This episode is intended for informational and discussion purposes only and does not constitute legal advice or establish an attorney-client relationship. Listeners should consult a qualified attorney regarding the specifics of their individual situation.

    Cannabis in New Jersey FAQs (Part 3 of 4): Employment Protections & Drug Testing

  3. Oct 5

    New Jersey Comptroller Identifies Medicaid Overpayments at Bonnie Brae

    In this episode of Brach Eichler Talks, we dig into a major healthcare compliance development out of New Jersey. The Office of the State Comptroller recently released an audit of Bonnie Brae, a residential treatment provider for youth, recommending that the facility repay over $1.5 million in Medicaid funds. We break down what the state found, including issues like overlapping therapy sessions, copy-pasted progress notes, services billed while patients were absent, and unlicensed staff providing care. More importantly, we talk about what this means for healthcare organizations and why solid documentation and internal controls are your best defense against costly audits. Prefer to read the full breakdown? Check out the article here: https://www.bracheichler.com/insights/new-jersey-comptroller-identifies-medicaid-overpayments-at-bonnie-brae/ Have questions about Medicaid compliance? Reach out to our team: Lani M. Dornfeld, CHPC: ldornfeld@bracheichler.com | 973-403-3136 Richard B. Robins: rrobins@bracheichler.com | 973-447-9663 Subscribe to Brach Eichler Talks on Apple Podcasts, Spotify, and YouTube for regular updates on trending legal issues. *This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

    New Jersey Comptroller Identifies Medicaid Overpayments at Bonnie Brae

  4. Sep 18

    The AI Rulings Every Litigator Needs to Know - Part 2

    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 environments continue to prevail in the courtroom and how judicial scrutiny over AI platforms is intensifying. Key discussion points include: Closed vs. Open AI Platforms: Why courts are rejecting open-access tools in favor of secure, closed enterprise models to safeguard discovery materials. Strict Confidentiality Safeguards: How courts structure protective order language to limit third-party disclosures, vendor access, and secondary data usage during active litigation. Post-Litigation Data Retention & Erasure: The significance of the Jeffries decision, where the court addressed data retrieval, permanent deletion, and preventing proprietary case data from being absorbed into broader large language model (LLM) training sets. Connect with the Host: Keith J. Roberts Bio: View Professional Profile Email: kroberts@bracheichler.com *This is an informational session only and not intended to create an attorney-client relationship with the attendees.

    The AI Rulings Every Litigator Needs to Know - Part 2

  5. Sep 11

    Can Out-of-State Doctors Practice Telehealth in New Jersey? Third Circuit Decision Explained

    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 within the state. The District Court dismissed the case outright, and on appeal, the Third Circuit affirmed the substantial holding of the dismissal, with only a minor modification concerning due process. The First Amendment Argument and the Court’s Holding On appeal, the court addressed a fundamental question: Does the First Amendment protect the speech of a physician with a high level of scrutiny regarding their right to give advice to a patient located in New Jersey? The Third Circuit declined to apply strict scrutiny or a strict application of First Amendment rights. In its reasoning, the court pointed to the extensive history and tradition of medical licensing dating back to the sixteenth century, with roots in English common law. Key determinations from the holding include: Valid State Interest: The State has a valid interest in protecting the public by administering and enforcing a physician licensure program. Coexistence of Speech and Regulation: First Amendment protected speech properly coexists with licensing regulations designed to safeguard the public interest. Content-Based Regulation: While an unlicensed physician has the right to free speech, communications involving diagnoses, treatment advice, and medical consultations are content-based speech regulated to protect the public. In this context, the public interest trumps that protected interest. Low Burden on Physicians: The court rejected counterarguments and found a very low burden on physicians to comply. Because doctors must be licensed wherever they practice, obtaining a license in an alternate state is primarily an administrative burden, which remains low compared to the State's interest in public protection. Under this ruling, in order to practice medicine—even in a telehealth setting—with a patient located within the state of New Jersey, a physician must be licensed by the New Jersey State Board of Medical Examiners (BME). Broader Implications Beyond Telehealth The court’s First Amendment analysis has implications reaching beyond this specific case. Because the logic and legal reasoning rely on the state's interest in regulating content-based professional speech to protect the public, the decision could extend to other professional licensing boards and other disciplines from state to state. Related Reading For additional background on this ruling from Brach Eichler’s Healthcare Law practice, read the firm's alert: Third Circuit Upholds New Jersey Physician Licensure Requirement for Provision of Telemedicine to New Jersey Patients. Contact & Information For questions about this topic or this segment, contact Keith J. Roberts directly: Email: kroberts@bracheichler.com Firm Website: BrachEichler.com Case Decision: Access the full text of MacDonald v. President of the New Jersey State Board of Medical Examiners. Disclaimer: This post is intended to provide general information, not legal advice. Please contact Keith directly if you need specific legal advice.

    Can Out-of-State Doctors Practice Telehealth in New Jersey? Third Circuit Decision Explained

  6. Aug 17

    Renewal Deadline for Health Care Service Firms Extended

    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 navigating fairly new regulatory requirements that mandate the submission of specific financial documentation, including financial statements, audits, and reports. Any health care service firm that fails to meet this new October 1st deadline will lose its registration. 🔗 Read the full article here: https://www.bracheichler.com/insights/renewal-deadline-for-health-care-service-firms-extended/ Listeners needing legal assistance or more information regarding these requirements are encouraged to contact: Lani M. Dornfeld, CHPC | 973.403.3136 | ldornfeld@bracheichler.com Edward J. Yun | 973.364.5229 | eyun@bracheichler.com *This is meant to provide general information, not legal advice. Please contact the authors if you need specific legal advice.

    Renewal Deadline for Health Care Service Firms Extended

  7. Aug 12

    New Jersey Attorney General Issues Guidance on Immigration Authority Access to Healthcare Facilities

    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 cover the key differences between judicial and administrative warrants, how to properly identify public versus private spaces, and the steps you must take to train your staff for these exact situations. 🔗 Read the full article for all the details: https://www.bracheichler.com/insights/new-jersey-attorney-general-issues-guidance-on-immigration-authority-access-to-healthcare-facilities/ 💬 Do you need assistance setting up these policies or navigating the new guidelines? Contact Tracy E. Miller for specific legal advice here: https://www.bracheichler.com/professionals/tracy-miller/ *This is intended to provide general information, not legal advice. Please contact Tracy if you need specific legal advice.

    New Jersey Attorney General Issues Guidance on Immigration Authority Access to Healthcare Facilities

  8. Aug 10

    OCR Continues Ransomware and Risk Analysis Enforcement Initiatives

    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 break down the key takeaways from OCR's ongoing Risk Analysis Initiative and outline the practical steps your organization must take to mitigate cyberthreats. We cover everything from mapping how ePHI flows through your systems to implementing vital audit controls, encryption, and regular workforce training. Tune in to learn how to strengthen your overall security management process and protect your organization from costly vulnerabilities. 🔗 Read the full article here: https://www.bracheichler.com/insights/ocr-continues-ransomware-and-risk-analysis-enforcement-initiatives/ If you need assistance with your organization's privacy and security program or have questions about the topics discussed in this episode, please contact Lani M. Dornfeld, CHPC, Esq. at 973.403.3136 or reach out via email at ldornfeld@bracheichler.com. *This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

    OCR Continues Ransomware and Risk Analysis Enforcement Initiatives
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Brach Eichler Talks is a legal podcast hosted by attorneys at Brach Eichler that provides actionable insights across a broad spectrum of practice areas, including corporate law, healthcare, labor and employment, litigation, real estate, tax, trusts & estates, and more. Tailored for business owners, healthcare providers, general counsel, and individuals, each episode translates complex legal developments and real-world challenges into clear, practical guidance to help you stay informed and prepared. 🎙️ Stream it now on Apple Podcasts, Spotify, YouTube, Podbean, Amazon Music, and iHeartRadio. 🔗 Learn more and explore full episodes at https://www.bracheichler.com/brach-eichler-talks-podcast/

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