New York Department of Financial Services Launches Industry-wide Audit of Health Insurance Rates by Barger & Wolen on 2/22/2012 The New York Department of Financial Services (“DFS”) will audit the accuracy of the data used by insurers and health maintenance organizations to request health insurance rate increases (see press...more
Legal Alert: U.S. Supreme Court Decision on FAA Preemption Overrules West Virginia High Court by Ford & Harrison LLP on 2/22/2012 On February 21, 2012, the U.S. Supreme Court, in a Per Curiam opinion, reinforced the preemption of the Federal Arbitration Act (FAA) with respect to all arbitration agreements governed by the statute. See Marmet Health Care Center...more
President's Latest Budget Proposal Seeks Decrease of Data Exclusivity Period and Elimination of Pay-for-Delay Agreements by McDonnell Boehnen Hulbert & Berghoff LLP on 2/22/2012 Last week, President Obama unveiled his 2013 budget, and at least with respect to aspects of the budget proposal that would impact drugmakers, the President's 2013 proposal looks a lot like his 2012 proposal. In a section...more
Pennsylvania Supreme Court Issues Two Important Decisions on Attorney-Client Privelege and Attorney's Fees by Schnader Harrison Segal & Lewis LLP on 2/22/2012 At the end of 2011, the Pennsylvania Supreme Court issued two decisions of significant importance to practitioners across the Commonwealth. First, in Commonwealth v. Harris, 32 A.3d 243 (Pa. 2011), the Court departed from federal...more
CMS Proposed Rules for Reporting AMP and Best Price May Have Impact Beyond Medicaid Drug Rebates by Mintz Levin - Health Law on 2/22/2012 On February 2, 2012, CMS issued proposed regulations that further refine and define how pharmaceutical manufacturers must calculate Medicaid drug rebates in the wake of health care reform (the Proposed Rule). ...more
Medical Device Patient Safety Act Proposes Two-Step Change to Oversight of Devices by Sedgwick LLP on 2/22/2012 In mid-December of 2011, following the recommendation of the Government Accountability Office (GAO), a bipartisan group of senators introduced the Medical Device Patient Safety Act. According to the GAO, the Food and Drug...more
Marcellus Shale Impact Fee Enacted by McNees Wallace & Nurick LLC on 2/22/2012 In February 8, 2012, legislation containing the Marcellus Shale impact fee was sent to Governor Corbett for his expected signature. The enactment of the impact fee ends several years of debate and contention surrounding the...more
WVDEP Holds Workshop on Compliance with New Horizontal Gas Well Law by Dinsmore & Shohl LLP on 2/22/2012 To remain in compliance with the newly enacted Natural Gas Horizontal Well Control Act, W. Va. Code § 22-6A-1 et seq. (2011), operators must now be aware of the law’s vast number of new requirements. These include...more
Deadline to Make Portability Election Extended by Partridge Snow & Hahn LLP on 2/22/2012 The Internal Revenue Service has issued guidance which allows estates of individuals who died during the first six months of 2011 to extend the deadline to make a portability election. The portability election is the ability...more
Cybersecurity Act of 2012 Introduced by Morgan Lewis on 2/22/2012 On February 14, a bipartisan group of senators introduced to the U.S. Senate the Cybersecurity Act of 2012, under which the Department of Homeland Security (DHS) would assess the risks and vulnerabilities of critical infrastructure...more
California's Reader Privacy Act: What Every Bookseller Must Know by Barger & Wolen on 2/22/2012 On January 1, 2012, the California Reader Privacy Act went into effect. The Act requires all “book service providers,” i.e., book sellers, in the State to take certain steps when responding to governmental requests for...more
CMS Publishes Proposed Rule on Reporting and Returning Medicare Overpayments by McDermott Will & Emery on 2/22/2012 The Centers for Medicare & Medicaid Services released a proposed rule implementing section 6402(a) of the U.S. Patient Protection and Affordable Care Act regarding reporting and returning overpayments under the Medicare...more
Legal Alert: Social Security Tax Break Being Extended to Year-End by Ford & Harrison LLP on 2/22/2012 On February 18, 2012, the Senate passed a bill that extends the tax break on the employee portion of the Social Security Old-Age, Survivor and Disability Insurance tax (OASDI) through the end of 2012. The House of Representatives...more
New Order Revises Mass Tort Litigation in Philadelphia by Dechert LLP on 2/22/2012 Philadelphia Court of Common Pleas’ Complex Litigation Center received major news last week, when Hon. John W. Herron, Administrative Judge of the Court’s Trial Division, issued an order revising how mass tort...more
Liability and Immunity for Human Rights Violations: The Impact of Current Legal Developments on Corporate Responsibility by Foley Hoag LLP - Corporate Social... on 2/22/2012 It is likely that the coming year will see a number of legal developments relating to the immunity and liability of corporations, states, and individuals as recognized by U.S. courts. With an increasing number of suits filed...more