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Changing Basic Rules of the Game: CMS Proposed Rule Relating to ACO Governance and Contracting

The Centers for Medicare and Medicaid Services released a new proposed rule for Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP). This advisory expands upon our initial...more

Pennsylvania Court Holds Pending and Prior Litigation Exclusion Applicable to Unserved False Claims Complaint

In its recent decision in AmerisourceBergen Corp. v. Ace Am. Ins. Co., 2014 PA Super 198 (Pa. Super. Sept. 15, 2014), the Superior Court of Pennsylvania, an intermediate Pennsylvania court, had occasion to consider the...more

GAO Issues Preliminary Report on Challenges in Auditing Large Partnerships

The Government Accountability Office (“GAO”) recently issued a preliminary report on the challenges in auditing large partnership returns, a copy of which is available here. The GAO issued an interim report earlier this year...more

Senate Commerce Committee Passes Manufacturing Bill

On April 9, the Senate Committee on Commerce, Science, and Transportation passed the Revitalize American Manufacturing and Innovation (RAMI) Act of 2013, which aims to grow U.S. manufacturing by strengthening the...more

New York Court Strikes Down Regulations Limiting Executive Compensation and Administrative Expenses

A New York court has held that the State’s regulatory limits on executive compensation and administrative expenses for entities that receive state funds unconstitutionally exceed proper regulatory authority. The regulations,...more

'Let Me Google That For You' Act - Full Copy

Full text copy of S.2206, aka the "Let Me Google That For You" Act, introduced April 3, 2014, by senators Tom Coburn and Claire McCaskill to, among other things, curtail the National Technical Information Service's practice...more

Miners Triumph And Opinion Release 14-01

On this date in 1966, the Texas Western University (now UTEP) Miners won the NCAA Basketball Championship, beating the University of Kentucky Wildcats. Now the first round has not even started by March 19, but it is not the...more

Shifting Sands In Canadian Anti-Bribery And Trade Control Laws Raise The Stakes In M&A Due Diligence

Recent developments in Canadian anti-corruption, economic sanctions, and export control laws are having a significant impact on the due diligence that should be conducted on potential targets in the context of mergers and...more

Public-Private Partnership Bill Passes Georgia Senate to Pave Way for Widespread P3 in Georgia

Georgia may soon join the growing ranks of states with broad enabling legislation for all forms of public-private partnerships (or P3). Senate Bill 255 (2013) passed the Georgia State Senate on Monday, February 24, 2014, by a...more

A Pilot Program for Performance-Based Social Infrastructure in California

California Senate Bill 593 (“SB 593”), introduced by Senator Ted Lieu (D-Torrance), shows the interest of some State legislators in implementing performance-based infrastructure (“PBI”) in social programs....more

$50 Billion In Federal Funds Proposed To Support P3s

The U.S. Senate is currently considering legislation that would establish the “American Infrastructure Fund,” a $50 billion fund that would help finance public-private partnerships (P3s) infrastructure projects prioritized by...more

More Transportation P3s On The Horizon In South Florida And Nationally

We have written frequently about the potential for new transportation-related public-private partnerships (P3s). Recent posts on the topic have discussed Amtrak, UniversityCity at FIU, and PortMiami, among other area...more

East End Crossing Wins Bond Buyer Deal of the Year

Recognizing the innovative P3 approach to project delivery and financial structure for a major US infrastructure project, the Bond Buyer awarded the Indiana Finance Authority's private activity bonds for the East End Crossing...more

2014 California Construction Law Update

Approximately 2,000 bills were introduced in the California State Legislature during the 2013-2014 legislative session. Of these, 896 bills made it to Governor Brown’s desk and 800 were signed into law....more

CJEU Confirms Prior State Aid Cannot be Taken into Account by Public Authority To Justify Further Subsidies as Market Behaviour

In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union has confirmed that State aid granted to an undertaking in the past must not be taken...more

HHS-OIG Corporate Integrity Agreements Are Now Aiming at Corporate Directors and Executives

Corporate integrity agreements (CIAs) are a familiar feature of many civil False Claim Act and joint civil/criminal resolutions in healthcare fraud cases. These agreements are entered into between the defendant company and...more

New California Law Further Restricts Nonprofit Organizations From Engaging in Campaign Activity

Restricted Resources Include Cash, Office Supplies and Other Property Received From Local Agencies - A new California law prohibits nonprofit organizations from using monies and other property received from local...more

Indiana Finance Authority issues the Request for Proposals for the I-69 Section 5 Project

Continuing Indiana’s successful employment of availability payment model public-private partnership (“P3”) concessions, the Indiana Finance Authority (“IFA”) issued its second P3 Request for Proposals (“RFP”) to proposers...more

Beanie Baby Founder Pleads Guilty to $53-Million Tax Evasion

Beanie Baby Founder Pleads Guilty to $53-Million Tax Evasion by Frank L. Brunetti on October 7, 2013 Ty Warner, founder of the iconic Beanie Baby empire, has agreed to plead guilty to federal tax evasion charges. His...more

Trends In Social Infrastructure

FEDERAL, state and local budgets are in disarray in the United States. Funding at all levels is challenged, if not essentially unavailable, further exacerbated with political polarization in full swing. At the same time, in...more

Department of Justice Considers Personal Benefit an Important Factor in Prosecuting Employment Tax Cases

Department of Justice Considers Personal Benefit an Important Factor in Prosecuting Employment Tax Cases by Frank L. Brunetti on September 24, 2013 Since 2008, the U.S. economy has struggled and employers faced with the...more

NY Federal Court Rules Auditors Strictly Liable for Their “Opinions”

NY Federal Court Rules Auditors Strictly Liable for Their “Opinions” by Michael Cifelli on September 23, 2013 Ernst & Young and PriceWaterhouseCoopers will not be dismissed from the securities classaction lawsuit...more

New Municipal Redevelopment Law Signed into Law in New Jersey

New Municipal Redevelopment Law Signed into Law in New Jersey by Patrick McNamara on September 20, 2013 Gov. Chris Christie has signed legislation that will change the rules for New Jersey redevelopment projects. The...more

TRANSACTIONAL: Project Development / Finance: PF2 and its relevance to PPPs in the GCC

The Private Finance Initiative (PFI) was a public-private partnership (PPP) model introduced by the United Kingdom government back in 1992 as a tool to engage the private sector to design, construct, finance and operate...more

Public-Private Partnerships in California - Part I

Current funding levels for public infrastructure in the United States are inadequate. Existing infrastructure is crumbling due to long-deferred maintenance and new infrastructure needed by the public is not being built. ...more

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