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CMS Signals Potentially Big Changes Ahead for Medicare SNF Payment Policy

Using unusually blunt language, the Medicare Payment Advisory Commission (MedPAC) recently noted that it “is increasingly frustrated with the lack of statutory or regulatory action” to lower Medicare skilled nursing facility (SNF)… more

Pennsylvania Department of Health Issues New Physician Regulations for Medical Marijuana

As first posted on our sister blog, “In The Weeds” (Fox Rothschild’s Cannabis Law Blog), the Pennsylvania Department of Health issued its long-awaited proposed temporary regulations regarding physicians on April 11, 2017… more

Window on Washington - This Week in the Nation's Capital - April 21, 2017 Vol. 1, Issue 5

White House Demands Disrupt Shutdown Negotiations: Congressional leaders' efforts to hatch a massive spending deal have been thrown off course by the Trump administration's 11th-hour intervention, leaving the bipartisan bill teetering… more

More GDPR Questions Answered: New Guidelines on DPIAs

Although considered burdensome by some, data protection impact assessments (DPIAs) help controllers assess any data protection implications of their processing operations, with the added benefit of demonstrating compliance with the EU… more

You May Now Be Seated: Neil Gorsuch Prepares for Spot on the High Court

After the Supreme Court sat with an empty seat for more than one year, and following a hard-fought nominations process which saw the failed nomination of Judge Merrick Garland and Republican lawmakers resorting to the “nuclear option,”… more

Court of Chancery Explains When There Is A Basis To Investigate

This decision does a good job of explaining when there is an adequate showing of possible wrongdoing sufficient to justify a books and records inspection. It also explains why conducting a proxy contest does not warrant denying… more

Embark Richmond Highway Advisory Group Discuss Transportation, Recreation, and Historical Preservation

The Embark Richmond Highway Advisory Group met for its 16th meeting on April 24th. The Advisory Group reviewed a 2040 transportation land use analysis prepared by FCDOT. FCDOT estimates ridership of the proposed bus rapid transit… more

Florida Fraudsters Take Advantage of the Delay in Florida’s Implementation of Amendment 2

Amendment 2 passed back in November 2016, but the Florida Legislature is moving slowly to implement the necessary regulations for medical marijuana to get to the marketplace… more

Before You Acquire That Business, Understand the NLRB’s Successor Bar Doctrine

When a change of ownership occurs for a business that employs individuals who are represented by an incumbent union, the new owner must be aware of the National Labor Relations Board’s (NLRB) successor bar doctrine. It used to be that… more

United States Supreme Court Decides Nelson v. Colorado

On April 19, 2017, the Supreme Court decided Nelson v. Colorado, No. 15-1256, holding that Colorado’s Compensation for Certain Exonerated Persons statute (Exoneration Act), which requires petitioners whose felony criminal convictions… more

Delaware Court Orders Sale of Solvent Company’s Stock Despite Shareholder Objections

Delaware General Corporate Law § 226 (the “Custodian Statute”) bestows the Delaware Court of Chancery with the power to appoint a custodian for solvent companies and receivers for insolvent companies in certain circumstances. See 8… more

ET Rover Suffers Two Spills in Ohio

During the course of constructing its new pipeline, ET Rover suffered two spills releasing 2 million gallons of drilling fluid into wetlands in Ohio. The landscape of America is crisscrossed by millions of linear feet of pipelines… more

Canadian Regulators Propose Broad Derivatives Dealer and Adviser Business Conduct Rules

On April 4, 2017, the Canadian Securities Administrators (CSA) published for comment Proposed National Instrument 93-101 – Derivatives: Business Conduct (Business Conduct Rule), which would impose a range of business conduct… more

BETO Hosts Algae Cultivation for Carbon Capture and Utilization Workshop

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) is hosting an Algae Cultivation for Carbon Capture and Utilization Workshop on May 23-24, 2017, in Orlando, Florida. The event will feature facilitated… more

New York City Church Sued For Relocation Of Sculpture Commemorating 9/11 Loss Of Tree

In recent art news, Trinity Church in Lower Manhattan is being sued by a sculptor for relocating his bronze sculpture of the stump and root system of a very large sycamore tree entitled “The Trinity Root” that was formally installed on… more

[Video]Day 17 of One Month to 3rd Party Management-Distributor Compensation

One of the issues in any compliance program is the compensation paid to a third party as FCPA exposure arises when companies pay money - either directly or indirectly - to fund bribe payments. In the traditional intermediary scenario… more

[Video]Day 16 of One Month to 3rd Party Management-Terminating a Third Party

At some point, you will be required to terminate a third-party and there will be multiple legal, compliance and business issues to navigate going forward. If you are stuck doing it in the middle of a Foreign Corrupt Practices Act… more

[Video]compliance into the Weeds-Episode 36, McFadden Remarks on FCPA Enforcement

In this episode, Matt Kelly and I take a very deep dive into two recent speeches by Department of Justice (DOJ) Acting Principal Assistant Attorney General Trevor McFadden in which he addressed multiple topics and issues around the… more

New York Department of Financial Services Provides Guidance on Cybersecurity Regulation; Colorado Financial Regulator Proposes Cybersecurity Rules Affecting Broker-Dealers and Investment Advisers

In April 2017, the New York Department of Financial Services (the “DFS”) released guidance on interpreting 23 NYCRR Part 500, its recently promulgated regulation that requires banks, insurance companies and other financial services… more

Unemployment Benefits Do Not Factor Into Damages Calculations in Employment Discrimination Lawsuits

A recent New Jersey Appellate Division opinion now makes it explicitly clear that unemployment benefits cannot be deducted from back pay damages in employment discrimination cases under the New Jersey Law Against Discrimination… more

Kimpton Data Breach Decision Highlights Lingering Confusion on Standing Issues

When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers, they do not… more

Debit cards, Offshore Funds and a John Doe Summons

IRS remains committed to its priority efforts to stop offshore tax evasion wherever it occurs. It pursues cases in all jurisdictions of the world. Over the years, numerous individuals have been identified as evading US taxes by… more

Can Renting Be a Sale After Importation?

We previously wrote about the ITC’s determination in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 that renting accused products after importation does not violate… more

Transformative Use or Infringement

In Cariou v. Prince, 714 F3d 694 [106 USPQ2d 1497] (2d Cir. 2013), the Second Circuit said that a use of a copyrighted work need not comment on the original artist or work, or on popular culture, in order to constitute “transformative”… more

The 2017 Automotive Mergers and Acquisitions Outlook

As we stand here in early 2017, we are further away from the all-time high in valuations and deal activity that we witnessed in 2015; but despite signs that the extended expansion cycle for the industry may be plateauing, automotive… more

Brexit: The Implications of the UK General Election

The UK will hold a General Election on 8 June. While this will mean that the ongoing work of the Government on Brexit will be put on hold, the two-year deadline for the negotiations continues to draw closer...… more

Buy American Executive Order Means Renewed Obligations for Government Contractors

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer laws… more

Host Country Benefits of Export Projects

Hydropower, as an affordable, reliable and sustainable source of electricity, has played an important role in the growth and industrialisation of many emerging market economies, including Laos, Kenya, Sarawak (Malaysia), China (in the… more

Minimum Energy Efficiency Standards in buildings - Update April 2017

It is now just under one year until the new Minimum Energy Efficiency Standards (or MEES) regime comes into force. From 1 April 2018, it will be unlawful for landlords to agree a new tenancy or a renewal for a property rated F or G on… more

District Court Granted Voluntary Motion to Dismiss Against Named Defendant But Disallowed Reservation of Rights as to Unnamed Third Parties

In this patent infringement action, Plaintiff Wright's Well Control Services, LLC (WWCS) filed a motion to voluntarily dismiss defendant Christopher Mancini pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice, but with… more

Prosecutorial Discretion in the Age of Over-Criminalization

Depending on whom you ask, the U.S. Code contains between 3,000 and 4,500 federal crimes. The sheer volume has prompted legal commentators to decry the steady expansion of federal criminal statutes over the last several decades as an… more

OTA & Travel Distribution Update - April 14th, 2017

This week’s OTA & Travel Distribution Update for the week ending April 14, 2017 is below. Additional details regarding last week’s long-awaited report on online travel by the European Commission are featured in this week’s Update… more

Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities

May Day has historically been a day marked by workers’ rights protests, with union organizing activities and other employee advocacy actions taking place across the country on what is now known as “International Workers’ Day.” Spurred… more

Governance & Securities Law Focus: Europe Edition - April 2017

In this newsletter, we provide a snapshot of the principal European, US and selected international governance and securities law developments of interest to European corporates. Please see full Newsletter below for more… more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Higher Education Associations Respond to USCIS Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is temporarily suspending premium processing of H-1B skilled worker visa applications for up to six months, beginning on April 3, 2017. Premium… more

Implications of declaration of boundaries of Konebada Petroleum Park - The Minister for Lands and Physical Planning has recently declared a significant portion of land (including sea areas) on the Western side of Port Moresby to be the Konebada Petroleum Park (KP Park) under section 3(4) of the Konebada Petroleum Park Authority Act 2008 (Act).

The Minister for Lands and Physical Planning has recently declared a significant portion of land (including sea areas) on the Western side of Port Moresby to be the Konebada Petroleum Park (KP Park) under section 3(4) of the Konebada… more

FTC resolves allegations against three U.S. based companies involving misrepresentations of International Privacy Program certifications

Privacy laws in Asia-Pacific countries such as Japan, Australia, New Zealand and Singapore restrict the export of personal information except when the exporter meets certain qualifying conditions. One qualifying condition is if the… more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a mortgage to a… more

Volkswagen Announces Major Steps Toward Electrifying Its Vehicle Fleet

While fans of electrifying rides got a boost from the box office this week, fans of electrified rides are living in exciting times as well… more

Applying The Peppers Doctrine, Illinois Appellate Court Affirms Stay Of Insurer’s Declaratory Judgment Action

In Sentry Ins. v. Cont’l Cas. Co., 2017 IL App (1st) 161785, the Appellate Court of Illinois, First District had occasion to consider whether a trial court properly entered a stay on an insurer’s declaratory judgment action when… more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel individual… more

Non-Trademark Use is a Non-Infringing Use

In Oaklawn Jockety Club, Inc. v. Kentucky_Downs, LLC, [16-5582] (Sixth Circuit April 19, 2017), the Sixth Circuit affirmed a district court dismissal of plaintiff’s trademark infringement action because defendant’s use of plaintiff’s… more

TCPA Defendant Strikes Out on Summary Judgment Bid to Demonstrate Consent to Call

For anyone who still thinks that TCPA defense is a simple or straightforward affair, the decision of Harrington v. RoundPoint Mortgage Servicing Corp., 2017 U.S. Dist. LEXIS 55023 (M.D. Fla. Apr. 11, 2017) is a worthy read. There… more

Lack of Cooperation Leads to Court to Order Scope of Discovery for Defendant: eDiscovery Case Law

In Bird v. Wells Fargo Bank, No. 16-1130 (E.D. Cali., Mar. 31, 2017), after the parties could not agree on the parameters and scope of discovery, California Magistrate Judge Erica P. Grosjean ordered the defendant to produce several… more

Collateral Attack on Final Judgment Disallowed

In Engelman Irrigation District v. Shields Brothers, 2017 Tex. App. LEXIS 294 (Tex. March 17, 2007), the Texas Supreme Court affirmed the court of appeals’ ruling that a final judgment could not be declared void on the ground that a… more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts reasoning… more

The FCPA Lives On

On Tuesday, April 18, 2017, Acting Principal Deputy Assistant Attorney General Trevor McFadden (the P-DAAG) spoke at the 10th Anti-Corruption, Export Controls & Sanctions Compliance Summit in Washington, D.C. After much speculation… more

We Need a License To . . . Be a Charity?

Wait a minute! Haven't we done everything we're supposed to do? We've clearly defined our charitable mission. We formed our non-profit corporation. We got our 501(c)(3) determination letter from the Internal Revenue Service ("IRS"). We… more

CFPB and DOJ directed to address state AGs’ proposal to redirect unused settlement funds to NAAG

We previously reported that the Connecticut Attorney General, on behalf of the Attorneys General of Indiana, Kansas and Vermont, (the “state AGs”) had filed a joint motion to intervene in a CFPB enforcement action to request a Consent… more

CMS request for information presents rare opportunity for medicare stakeholder engagement

On 14 April 2017, the Centers for Medicare & Medicaid Services (CMS) published the fiscal year (FY) 2018 Medicare Hospital Inpatient Prospective Payment System (IPPS) and Long Term Acute Care Hospital (LTCH) Prospective Payment System… more

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