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CMS Clarifies 60 Day Overpayment Rule

The Department of Health and Human Services’ (HHS) Center for Medicare and Medicaid Services (CMS), is set to publish a final rule that will provide some much needed relief to healthcare providers from the burdens of the so-called…more

Tennessee Appears to Opt-Out of Workers’ Comp Opt-Out, At Least for this Year

A bill to allow Tennessee employers to voluntarily opt-out of the state’s workers’ compensation system appears to have been derailed, at least for this year…more

FinCrimes Update - January 2016 Summary, Volume 4, Issue 1

JANUARY FINCRIMES WEBINAR RECAP: 2015 ENFORCEMENT ACTIONS: LESSONS LEARNED FOR REGIONAL AND SUPER-REGIONAL BANKS - On January 28, 2016, BuckleySandler hosted 2015 Enforcement Actions: Lessons Learned for Regional and…more

Supreme Court Stays Clean Power Plan

In a highly unusual action, the United States Supreme Court yesterday issued a stay prohibiting the implementation of the "Clean Power Plan," a final regulation issued by the U.S. Environmental Protection Agency ("EPA") on October 23…more

When Policyholders Aren't Entitled To Preaward Interest

Most property insurance policies contain an appraisal clause that provides that if the parties cannot agree on the amount of loss, either party may demand an appraisal. An appraisal panel consisting of two party-appointed appraisers…more

Hackers Target Hyatt Hotels in Data Breach Affecting 250 Hotels in 50 Countries

On December 23, 2015, Hyatt Hotels (Hyatt) reported that it was investigating cyberattacks that caused data breaches at its properties from August 13 to December 8, 2015. The investigation has revealed that hackers infected with…more

OCR Announces Guidance on Individual's Right to Access Health Information Under HIPAA

On January 7, 2016, the Office of Civil Rights (OCR) of the Department of Health and Human Services released a fact sheet and the first of a series of Frequently Asked Questions (FAQs) to explain an individual’s rights under HIPAA to…more

The SEC Adopts Cross-Border Security-Based Swap Rules

On February 10, the Securities and Exchange Commission (the “SEC”) adopted rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act to regulate both U.S. and foreign dealers who engage in security-based swap dealing…more

HHS proposes updates to confidentiality of Part 2 substance abuse treatment records

On February 5, 2016, the Department of Health and Human Services (HHS) issued proposes changes to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, also known as “Part 2 records” which were published in the…more

Employee Benefits: IRS Issues Helpful Guidance Regarding Mid-Year Amendments To Safe Harbor Plans (2/16)

In Notice 2016-16, the Internal Revenue Service issued helpful guidance to employers that sponsor so-called safe harbor 401(k) and 403(b) plans. The guidance significantly expands the types of amendments that may be made to a safe…more

Obama’s FY2017 Budget Would Double SEC & CFTC Funding

White House officials this week said that President Obama’s fiscal 2017 budget will seek major increases in funding for Wall Street regulators in the near term, and proposes to double their funding by 2021…more

Mile Marker: Google Beginning to Clear Legal Hurdles for Self-Driving Cars (but many more ahead)

Can self-driving vehicles (SDVs) use the carpool lane? That may be a legal question for another day, as SDVs still have barricades to overcome before moving to the fast lane and becoming available commercially for consumers…more

Yesterday’s Pub & Grille Sued by EEOC For Disability Discrimination

Supervisor Refused to Hire HIV-Positive Employee for Server Position - GREENSBORO, N.C. - Sappyann, Inc., which operates Yesterday's Pub & Grille restaurant in Sanford, N.C., violated federal law by discriminating against an…more

Public-Private Partnerships: The Solution to the Problem with Our Aging Infrastructure?

It is no secret that the most significant budget challenges that the United States faces on both a state and national level revolve around the cost to repair and replace our aging infrastructure. In 2014, the American Society of Civil…more

Private Email Woes Infect The Private Sector

Vice Chancellor J. Travis Laster’s ruling in Amalgamated Bank v. Yahoo!, Inc., C.A. No. 10774-VCL (Del. Ch. Feb. 2, 2016) should sound a tocsin to directors that their “private” emails may not be so private. The ruling addressed…more

Senate Judiciary Committee Approves Federal “Defend Trade Secrets Act”

In a prior post, Feds Focus on Trade Secrets, we noted that federal lawmakers had introduced two bills designed to provide a federal civil remedy for trade secret theft…more

English Court Decision: Canary Wharf Finance II Plc v Deutsche Trustee Company Limited et al.

If you read one thing... - In a very recent decision, the English High Court has provided clear support for the enforceability of a make-whole provision providing compensation to the holders of long-term fixed-rate securities…more

New Prospectus Exemption for Investors that Receive Suitability Advice from a Registered Investment Dealer

Securities regulatory authorities in each of British Columbia, Alberta, Saskatchewan, Manitoba and New Brunswick recently announced the creation of a new prospectus exemption that will allow certain issuers to distribute securities to…more

Form 990-N Filing Changes

The IRS recently announced that, beginning February 29, 2016, Form 990-N (also known as the “e-Postcard”) will be filed through the IRS website rather than through the Urban Institute website…more

Three Appellate Courts Remand for Trial on Existence of Agreement to Arbitrate

Most questions of arbitrability can be resolved on motion, using a summary judgment-like standard. However, just like summary judgment, if there are genuine disputes of material fact about whether a claim must be arbitrated — like…more

CMS Issues Final Overpayment Rule: A Guide On How To Eat An Elephant

On February 11, 2016, the Centers for Medicare & Medicaid Services (CMS) released its final rule (the “Final Rule”) implementing Section 6402(a) of the Affordable Care Act, which created a new Section 1128J(d) of the Social Security…more

1 in 5,000: How John Doe Defeated Porn Producer Malibu Media

Litigation-friendly pornography producer Malibu Media has suffered a rare loss, which may spell trouble as it proceeds with more cases. According to the Chicago Daily Law Bulletin, Malibu Media has filed 5,207 copyright lawsuits…more

A Fine Mess: YouTube’s Reaction to REACT

In the world of YouTube, subscriber count is king. With over 14 million subscribers, the Fine Brothers seemed at the forefront of new media. But earlier this month, the Internet’s collective scorn for a trademark portfolio sent the…more

Railroad Commission Not Off the Hook for Plugging the Wrong Well

“You are my friend, kind of.” Hush Puppy, as she stares down the Aurochs in Beasts of the Southern Wild. Is our “friend” the Texas Railroad Commission? Gulf Energy bought a package of offshore wells out of bankruptcy. Eight needed…more

News from Second and State

Both the House of Representatives and the Senate were in session Monday through Wednesday, but the biggest news this week is the budget that wasn’t. Gov. Wolf delivered his 2016-2017 budget address, but with the 2015-2016 budget still…more

Postcard Reminders: Routine Communication or Invasion of Privacy?

The Kansas Department of Children and Family (DCF) has come under scrutiny for sending postcard reminders to individuals obligated to pay monthly child support, rather than mailing reminders in a sealed envelope. While the Kansas…more

Normandie Casino Operator Pleads Guilty to Charges Stemming from Protection of High-Rollers

Despite the old saying “the customer is always right,” the law places limits on customer service in the casino industry. Normandie Casino has found this out the hard way. The operator of the casino has agreed to plead guilty to charges…more

TCPA class action against Sabre (Hawaiian Airlines) tossed out

Last week, the Ninth Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Sabre Inc. (Sabre) because the court determined that the lead plaintiff, Shaya Baird, had consented to receiving text messages by…more

Show Me the Money: EEOC Proposal to Require Federal Contractors and Private Employees to Report Pay Data

Coming on the heels of the Office of Federal Contract Compliance Programs’ (OFCCP) rule forbidding federal contractors from discriminating or retaliating against applicants and employees who inquire, disclose or discuss compensation…more

Fraud Claims Not Covered By Standstill Agreement

A standstill agreement that postponed claims that a party "has or may have against the other" did not cover fraud claims. The old epithet "fraud unravels all", although too general and inexact a phrase to be taken simply at face…more

Retaliation and Disability Charges are on the Rise, According to EEOC Litigation and Charge Statistics for FY 2015

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) is once again climbing, according to newly released litigation and enforcement statistics for FY 2015. During the past fiscal year, 89,385 charges were…more

Utah oil sands mine slowed

A Canadian company developing an oil sands mining and extraction project in Utah has announced a decision to "reduce the pace of field construction in order to maintain working capital flexibility," based on low oil prices. Oil…more

Are We Witnessing A Pushback By Courts To Anti-SLAPP Motions?

As we approach the fifth anniversary of the date the DC anti-SLAPP statute became effective, recent decisions have me wondering if we are witnessing increased hostility against anti-SLAPP statutes nationwide?…more

When Can You Appeal a Local Permitting Decision? It Just Got More Complicated.

On Tuesday, the Maine Supreme Judicial Court (SJC) issued a decision addressing when someone can appeal to court a local board decision that is related to another local board decision, and concluded that the appeal can be filed only…more

Golden Parachute Tax Terror

Smith Anderson's tax group is now offering complimentary presentations. This webinar will provide an introduction to the tax rules related to certain payments to insiders triggered by a change in control of a corporation ("golden…more

Biometrics Institute issued new privacy guidelines

The Biometrics Institute issued new privacy guidelines for the collection and safeguarding of biometric data, such as fingerprints and iris scans. The guidelines contain 16 principles that should be considered when collecting and using…more

When Worlds Collide: Article 2 of The Uniform Commercial Code and Chapter 11

Picture the scene: You have just received word that your customer has filed Chapter 11. You had followed my advice (see article Reducing a Customer’s Accounts Receivable in the Zone of Insolvency), and put the customer on a…more

Formal Proposal to Delay Implementation of MiFID II Package to 2018

The European Commission has proposed to delay the application of the Markets in Financial Instruments Directive and Markets in Financial Instruments Regulation by one year. The proposed extension is due to concerns about the technical…more

EU-US Privacy Shield: European Union and U.S. Reach Agreement in Principle for New Data Transfer Framework – But Uncertainty Remains

On February 2, 2016, the European Commission (EC) and the U.S. Department of Commerce (Commerce) announced that they had reached agreement on a new data transfer safe harbor arrangement for the transfer of personal data from Europe to…more

Changes to Canada’s Iran Sanctions – Your Questions Answered (and a Flowchart)

On February 5, 2016, the Government of Canada amended its economic sanctions on Iran to significantly ease restrictions on doing business. The changes were in response to Iran’s compliance with its the commitments to restrict its…more

"Privacy Shield" is Proposed to Replace Invalidated U.S. - EU Safe Harbor Agreement and Keep Data from Europe Flowing

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection laws. Safe Harbor was…more

Avoid International Travel Nightmares En Route to your International Depositions

Travel can be hectic, even horrific, at times. Flight delays, cancellations, lost luggage, etc., can frazzle even the most seasoned globetrotter. There are steps you can take to lessen the impact of these possible catastrophes…more

SEC Adopts Rules on Non-US Firms That “Arrange, Negotiate, or Execute” Security-Based Swaps in the US

On Wednesday, the Securities and Exchange Commission (SEC) adopted rules that will affect firms operating in the global security-based swap market. Specifically, the SEC is requiring non-US firms that arrange, negotiate, or execute…more

Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust

On February 10, 2016, the Texas Supreme Court heard argument in a case that involves the issue of legal standing to sue when a trust is injured by the actions of a third party. In DLA Piper US, LLP v. Linegar, Chris Linegar brought…more

Zika - Employer Liability Issues

By now, the worldwide health authorities and media have publicized the Zika virus disease (Zika) that has been reported throughout South America, Central America, and the Caribbean. Although the United States has only experienced a…more

Requirement to verify “data concerning legal entities” is now lifted (Ukrainian)

1. Law of Ukraine “On the State Registration of Legal Entities and Individual Entrepreneurs” ? 755-IV, dated 15 May 2003 was restated in its entirety under the new title “On the State Registration of Legal Entities, Individual…more

Sleeping on the Job Not Enough to Bar Transgender Bias Suit

A jury should decide whether a transgender employee caught sleeping on the job in a customer’s car was unlawfully terminated because of her transgender status, the Eleventh Circuit Court of Appeals has ruled…more

EEOC Revela Datos de Aplicación y Litigio Para el Año Fiscal 2015

Represalias, Discriminación Racial y el Acoso Persisten; Quejas de Discapacidad Aumentan - WASHINGTON - La Comisión para la Igualdad de Oportunidades en el Empleo de los EE.UU. (EEOC) reveló hoy un desglose detallado de las 89,385…more

An Exciting Week of Acquisitions

The past two weeks have, at least, been notable and, for some, exciting, in the Ohio banking industry. First, Huntington Bancshares, Inc. announced plans to acquire FirstMerit Corp. (with Huntington National Bank absorbing FirstMerit…more

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