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MACRA: What Health Care Providers Need to Know

On April 16, 2015, President Obama signed into law H.R. 2, the "Medicare Access and CHIP Reauthorization Act of 2015" (MACRA), a bipartisan effort to reform the Medicare payment policy for physician services that adopts a series of…more

OIG Issues (Another) Favorable Advisory Opinion Regarding Medigap/Preferred Hospital Network Arrangement in Advisory Opinion 16-01

On January 7, 2016, the Department of Health and Human Services, Office of Inspector General (OIG) issued Advisory Opinion 16-01, approving yet another insurer’s proposed contract with a preferred hospital network. The advisory opinion…more

Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the Clean…more

A Culture of Inclusion: Transgender-Friendly Workplaces on the Rise

American Airlines, The Coca-Cola Co., Humana, Macy’s and Ford. All among the best-known brands in the world, each a stalwart of American business. All of them are among the most transgender-inclusive companies in the country according…more

Virtual Learning: The Scope of Preemption Under the California Uniform Trade Secrets Act

Companies seeking protection under the California Uniform Trade Secrets Act (“CUTSA”) should consider the effects of CUTSA preemption on their litigation strategy. Under the well-known Silvaco Data System v. Intel Corporation case and…more

Renewable Energy Case Law Update

This case law update describes a selection of renewable energy cases from 2015. It is not intended to address all renewable energy cases over the previous year, but rather, highlight a few that are more likely to be of interest to the…more

The Eleventh Circuit Still Stands Alone, as Balch Attorneys Defend the Dismissal of Crawford Claims in Federal Appellate Courts Across the Country

From the moment it was published in July 2014, Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014)—the first reported appellate decision holding that a plaintiff may state a claim under the Fair Debt Collection Practices Act…more

Major Changes Underway at the California Fish and Game Commission

The California Fish and Game Commission (Commission) is in the midst of major changes. The Commission, which was established in 1870, has been led by a body of five commissioners since 1937. The Commission has a small staff to…more

EEOC’s Proposed (Anti) Retaliation Guidance: Is Your Whistleblower Response System Ready?

The EEOC’s January 21, 2016 “Draft Proposed Enforcement Guidance on Retaliation and Related Issues” continues the pattern of governmental agencies probing deeply into your whistleblower program.  Whether or not the guidance remains…more

Federal Circuit Reinforces PTAB’s Authority to Institute Trial on Selected Claims in Synopsis v. Mentor Graphics Appeal

Newcomers to post-grant proceedings are often surprised by the PTAB’s claim-by-claim approach to patent challenges under the America Invents Act…more

FDIC’s Winter 2015 Supervisory Insights Focus on Cybersecurity and Marketplace Lending Concerns

On February 1, 2016, the Federal Deposit Insurance Corporation (FDIC) released its Winter 2015 Supervisory Insights publication. One of the primary focus areas of this Supervisory Insights mirrors much of current focus of the industry…more

Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?

One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations involve…more

Blog: Applying The 4th Anti-Money Laundering Directive & The 2nd Payment Services Directive To Virtual Currency Exchanges And Wallet Providers

The European Union’s Economic and Financial Affairs Council will meet on Friday 12 February 2016. At that meeting, the Council will be invited to agree to..…more

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 29 & February 5, 2016

Real Property Update - Foreclosure/Standing: filing of original note and mortgage with assignment after complaint filed does not establish standing to sue at inception of suit where endorsement undated and assignment dated after…more

Blog: PRA Letter To Life And General (Re)Insurers About Buy And Sell Side Longevity Risk Transfers

The PRA has published a letter to life and general insurers about longevity risk transfers, and the counterparty risks they transfers can generate. Here’s a key extract..…more

Fannie And Freddie Loans Could Be Next FCA Targets

By now, lenders that make loans insured by the federal government are well acquainted with the False Claims Act. Following the financial crisis, the U.S. Department of Justice has aggressively used the FCA to collect billions of…more

R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 1

In 2015, the energy sector accounted for more than one-half of all public company bankruptcy filings, including eight of the 10 largest filings. Current oil prices and bond values indicate that 2016 will be another active year. As of…more

New Jersey Appellate Division Rules Specific Searches not Required Before Resorting to Service by Mail

In New Jersey, there are three different means by which service can be effected by mail when the primary method, personal service, is unsuccessful. Each method is unique to the specific situation that gives rise to the resort to…more

When Cupid’s Arrow Strikes the Workplace

With Valentine’s Day approaching, love is in the air, and employers need to be mindful of the risks associated with workplace romance. While these risks exist year-round, the upcoming Valentine’s Day holiday may trigger inappropriate…more

Health Alert (Australia) - February 8, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgments: South Australia 28 January 2016 - Inquest into the death of Ebony Simone Napier The South Australian Coroner has recommended…more

Publishers close the book on one e-books case; Supreme Court decides whether to reopen another

We will soon know whether the Supreme Court will grant Apple’s cert petition asking the Court to review and reverse its antitrust violation for conspiring with publishers to fix the prices of e-books. The Court will consider the…more

EEOC to Collect Pay Data from Large Companies

If you read one thing... - The EEOC has announced a proposal to start collecting employee compensation information from companies with 100 or more employees, and is seeking comments, which are due by April 1, 2016. -…more

U.S. Treasury Department to Scrutinize Certain All Cash Real Estate Transactions in New York City and Miami-Dade County

On January 13, 2016, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued two temporary Geographic Targeting Orders (the Orders) that will require title insurance companies to identify the…more

FTC sends 2015 ECOA report to CFPB

The FTC has sent its annual letter to the CFPB reporting on the FTC’s activities related to compliance with the Equal Credit Opportunity Act and Regulation B. The FTC has authority to enforce the ECOA and Reg B as to nonbank…more

Obama Order Establishes Federal Privacy Council

On Tuesday, February 9, 2016, President Obama issued an Executive Order establishing the “Federal Privacy Council,” an interagency council of senior officials from each of 24 federal departments and agencies. The Council is to be the…more

Alert: Timeline for First Set of Gainful Employment Rates Slips Further

The US Department of Education has announced another delay in the distribution of the Completer Lists for Gainful Employment programs until Spring 2016, which is bound to push back the date for ED to issue the first set of Draft GE…more

Stay of Clean Power Plan Hampers Innovative Strategies to Reduce Carbon Emissions & Obscures Policy Signals for Investment

On February 9, 2016, in a 5-4 decision, the U.S. Supreme Court stayed the Clean Power Plan (CPP), effectively halting the rule’s implementation until the D.C. Circuit and, in all likelihood, the high court itself reach a decision on…more

Secured Creditors Beware: Overvalued Properties in Bankruptcy

An overvalued property may now have a bigger impact on a secured creditor’s bottom-line during bankruptcy. Splitting with the Seventh Circuit, the Fifth Circuit in Southwest Securities, FSB v. Segner (In the Matter of Domistyle…more

ESMA Publishes Opinions on Pension Schemes To Be Exempt From EMIR Clearing Obligations

On February 2, the European Securities and Markets Authority (ESMA) published a set of opinions to exempt 16 UK-based pension schemes from clearing obligations contained in the European Market Infrastructure Regulation (EMIR)…more

U.S. Supreme Court Stays Clean Power Plan Implementation: Next Steps

The U.S. Supreme Court’s order on February 9, 2016 staying EPA’s implementation of the Clean Power Plan (CPP) will create at least a year of uncertainty about the shape of the future electric power regulatory framework, with…more

FDIC cybersecurity framework features four areas critical to bank security

Long gone are the days when a financial institution’s primary security concern was protecting cash in the bank vault, the Federal Deposit Insurance Corporation (FDIC) acknowledges in its recent article, “A Framework for Cybersecurity,”…more

Introducing....The Federal Privacy Council!

In one of the last Executive Orders of his final term, President Obama on Tuesday established the “Federal Privacy Council”—an “interagency forum to improve the Government privacy practices of agencies and entities acting on their…more

Regulation of unfair competition and unfair advertising in CIS

Unfair competition is one of the most common violations of antimonopoly regulation in most of the CIS countries. Often linked to infringement of intellectual property rights, unfair competition can create a significant threat not only…more

Copyright Protection in Canada for Artists

In Canada, “copyright” refers to the bundle of rights conferred by the Copyright Act (the Act) on the copyright owner and author of a work. The owner of copyright has the sole right to produce or reproduce a work (or a substantial part…more

Pharmaceutical Life Cycle Management: Navigating the New IP, FDA and Antitrust Terrain

Efforts to extend the life cycle of pharmaceutical products frequently involve innovations and improvements in product design, formulation, route of administration and treatment indications. In addition, negotiation of agreements with…more

CFPB Outlines Expectations for In-Person Debt Collection Activities by First- and Third-Party Debt Collectors

Consumer debt collection activities remain one of the primary focus areas of the Consumer Financial Protection Bureau (CFPB)—and this focus is not limited to the activities of third—party debt collectors…more

[Video]FCPA Compliance and Ethics Report-Episode 232-Kristy Grant-Hart on how to be a wildly effective compliance officer

In this episode I visit with Kristy Grant-Hart about her new book How To Be a Wildly Effective Compliance Officer…more

Wilcox v. State Farm: Minnesota Supreme Court Decision In Labor Depreciation Class Action

Yesterday the Minnesota Supreme Court issued its opinion in Wilcox v. State Farm Fire & Casualty Company, a putative class action alleging that State Farm, in estimating the “actual cash value” of property damage under homeowners’…more

Briefing Continues In Cross Appeals Of Anda Order

In its October 2014 Final Order (the “Anda Order”), the Federal Communications Commission found that it had the statutory authority to regulate solicited faxes by promulgating a rule that requires an opt-out notice on all such faxes…more

Bayer Announces That It Will Not Submit Voluntary Cancellation Requests for Flubendiamide

Significant issues concerning the scope of the U.S. Environmental Protection Agency’s (EPA) authority to cancel conditional registrations are raised by recent events concerning flubendiamide products sold in the U.S. by BayerCrop…more

Putting a Wrap on LegalTech New York 2016

Last week wrapped up LegalTech New York 2016, as thousands of professionals across the legal sector descended upon the Hilton New York for three days’ worth of meetings, information, keynotes and plenary sessions. As the industry’s…more

Professional Regulation and Ungovernability

Riccioni v. Law Society of Alberta, 2015 ABCA 62 (CanLII) (Alta CA), upholding a decision by the Law Society to disbar one of its members in part for ungovernability - Earlier this year, the Alberta Court of Appeal upheld a…more

Court Refreshingly Interprets the Work Product Rule as it is Written

In one of the greatest mysteries involving the work product doctrine, some federal courts only protect documents created by or at the direction of lawyers — although Fed. R. Civ. P. 23(b)(3) cannot possibly be read to include such a…more

Los Angeles & Orange County Transit Projects to Receive $500 Million in Federal Funds

Public transit continues to be a major focus throughout Southern California, with virtually all of the county transportation agencies planning or undertaking important passenger rail projects throughout the region. Some of those…more

Insurance Insight - California: Appellate rulings highlight importance of understanding auto coverage

Two recent decisions from the California Court of Appeal highlight the importance of understanding one’s auto insurance. Both cases left the policyholders without coverage for serious injuries that a simple policy review could have…more

All Is Fair In Love And The Workplace?

It is not surprising that sparks may fly in the workplace, considering that most Americans spend more time at work than they do anywhere else. And as Valentine’s Day approaches, workplace romances are especially likely to flourish…more

Carlos Santana is Everywhere

Seeing Carlos Santana this weekend while watching the Super Bowl with friends reminded me about the recently filed copyright infringement suit against BuzzFeed. You might be thinking, “that was Chris Martin of Coldplay, not Carlos…more

TRID rule technical correction?

In yesterday's Federal Register the CFPB published a correction to the TILA/RESPA Integrated Disclosure (TRID) rule supplementary information as published on December 31, 2013 with regard to property taxes and certain similar charges…more

Brown v. Canada Clarifies Obligations of Patent Applicants

Bennett Jones successfully represented the Intellectual Property Institute of Canada (IPIC), Canada’s preeminent association of intellectual property professionals, as an intervener before the Federal Court of Appeal in Brown v…more

Prepare Ahead to Handle a Narcissist

Hi there, I love it when the holidays are over and the days start getting visibly longer. Among other things, there is an influx of new clients with new cases and new problems to solve…more

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Contributor Spotlight

Neal, Gerber & Eisenberg LLP is a Chicago-based law firm whose lawyers share a culture of teamwork and devotion to personalized service to advance clients’ business interests throughout the U.S. and…

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