Adler Pollock & Sheehan P.C.

HealthCare Fraud and Courtesies: What to Know Before Waiving a Copayment

Many healthcare facilities and physicians waive the insurance copayment for physicians and their families (known as professional courtesy) or other patients. Yet, despite how prevalent the practice is and the limited…more

Anti-Kickback Statute, False Claims Act (FCA), Health Insurance, Healthcare Facilities, Hospitals

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U.S. Supreme Court Rules That Employers Must Periodically Review Investment Options In 401(k) Plans And Remove Imprudent Funds

An employer has fiduciary duties with respect to the 401(k) plan it provides its employees. Those duties include the obligation to choose prudent investment options and to consider the fees associated with service providers and…more

401k, Appeals, Breach of Duty, Duty of Prudence, Duty to Monitor

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Is The Classification Of Your Workers Putting Your Business At Risk?

Businesses have a lot at stake in properly classifying their workers as either employees or independent contractors. The Rhode Island Department of Labor and Training has taken the position that “[t]he misclassification of…more

DOL, Employer Liability Issues, Fraud, Independent Contractors, IRS

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Supreme Court Amendment Imposes Obligation on Practitioners to Review Certain Files for Non-Public Case Information

Through an order issued on January 29, 2016, the Rhode Island Supreme Court has made amendments to the Rhode Island Judiciary Rules of Practice Governing Public Access to Electronic Case Information (the “Public Access Rules”)…more

Amended Regulation, Electronic Filing, Non-Public Information, Public Access Laws, RI Supreme Court

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HealthCare Fraud and Courtesies: What to Know Before Waiving a Copayment

Many healthcare facilities and physicians waive the insurance copayment for physicians and their families (known as professional courtesy) or other patients. Yet, despite how prevalent the practice is and the limited…more

Anti-Kickback Statute, False Claims Act (FCA), Health Insurance, Healthcare Facilities, Hospitals

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Summary Update On The Law Of Chapter 93a

Standards Governing Business Claims Under 93A ¦ Higher standard applies for business plaintiffs. More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to…more

Bad Faith, Business Litigation, Chapter 93A, Class Action, Unfair Competition

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The Affordable Care Act - Understanding The Employer Mandate: An Overview

The Patient Protection and Affordable Care Act (the “Affordable Care Act”) was enacted by Congress and signed by President Obama on March 23, 2010. The Affordable Care Act is a 2,409 page statute regulating virtually every…more

Affordable Care Act, Barack Obama, Collective Bargaining, Employee Benefits, Employer Mandates

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Commercial Lease Issues for Rhode Island Restaurants

The landlord-tenant relationship is one of the most common business relationships in any state. Each landlord-tenant relationship presents its own unique set of challenges because the specific business operations of the tenant…more

Commercial Leases, Commercial Tenants, Contract Terms, Landlords, Restaurant Industry

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HealthCare Fraud and Courtesies: What to Know Before Waiving a Copayment

Many healthcare facilities and physicians waive the insurance copayment for physicians and their families (known as professional courtesy) or other patients. Yet, despite how prevalent the practice is and the limited…more

Anti-Kickback Statute, False Claims Act (FCA), Health Insurance, Healthcare Facilities, Hospitals

See All Updates »

HealthCare Fraud and Courtesies: What to Know Before Waiving a Copayment

Many healthcare facilities and physicians waive the insurance copayment for physicians and their families (known as professional courtesy) or other patients. Yet, despite how prevalent the practice is and the limited…more

Anti-Kickback Statute, False Claims Act (FCA), Health Insurance, Healthcare Facilities, Hospitals

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Defendants’ Stratagems and Plaintiffs’ Counters in Trade Secret Litigation

Every invention starts out as a trade secret. Not all stay that way. Some become patents. Some get licensed. Some remain trade secrets and become spectacular commercial successes. Others get misappropriated…more

Inventions, Misappropriation, Patent Litigation, Patents, Trade Secrets

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Although Unlikely to be Immediately Adopted Elsewhere, A Recent Tennessee Decision Regarding an Owner’s Liquidated Damage Claim Should Serve as a Wakeup Call

A Tennessee Court of Appeals recently held that liquidated damages under an AIA Contract (A201 -1997 Gen. Conditions) are neither automatic nor self-executing. RCR Building Corp. v Pinnacle Hospitality Partners, 2012 WL 5830587…more

American Institute of Architects, Construction Contracts, Liquidated Damages, Waivers

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Spoliation: How to Stop Trouble from Brewing

When a business is faced with the potential for litigation, it is imperative that all evidence be preserved to avoid the dreaded “s” word: spoliation. Starbucks Corporation recently learned this lesson the hard way when a…more

Bad Faith, Breach of Contract, Breach of Warranty, Declaratory Judgments, Default Judgment

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Employees Traveling Internationally? Read This.

Does your business depend on the international travel of its employees? What would happen to your business if one of your key employees couldn’t get a passport? Beginning this year with the FAST Act, the State Department may…more

Business Interruption, Fixing America’s Surface Transportation Act (FAST Act), Information Sharing, International Travel, IRS

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Estate Planning Pitfall - You haven’t taken state estate taxes into account

A generous gift and estate tax exemption means only a small percentage of families are subject to federal estate taxes. But it’s important to consider state estate taxes as well. Although many states tie their exemption amounts…more

Estate Tax, Estate-Tax Exemption, Residency Status, State Taxes

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Estate Planning Pitfall - You haven’t taken state estate taxes into account

A generous gift and estate tax exemption means only a small percentage of families are subject to federal estate taxes. But it’s important to consider state estate taxes as well. Although many states tie their exemption amounts…more

Estate Tax, Estate-Tax Exemption, Residency Status, State Taxes

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Rhode Island Usury: Interest By Any Other Name Is Still Interest

In LaBonte v. New England Development R.I., LLC et al., No 12-328, the Rhode Island Supreme Court recently clarified the state’s usury law by holding that a fee could be included in the calculation of interest even though it was…more

Fees, Interest Payments, Loan Agreements, Loans, Usury

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Rhode Island Real Estate Tax Appeals for Non-Profit Organizations

It is clear that the municipalities in Rhode Island are facing tough financial times. Municipalities are eagerly searching for new sources of tax revenue to meet budgetary shortfalls. Unfortunately, this search has led to the…more

Appeals, Filing Requirements, Municipalities, Property Tax, Tax Assessment

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Estate Planning Pitfall - You haven’t taken state estate taxes into account

A generous gift and estate tax exemption means only a small percentage of families are subject to federal estate taxes. But it’s important to consider state estate taxes as well. Although many states tie their exemption amounts…more

Estate Tax, Estate-Tax Exemption, Residency Status, State Taxes

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HealthCare Fraud and Courtesies: What to Know Before Waiving a Copayment

Many healthcare facilities and physicians waive the insurance copayment for physicians and their families (known as professional courtesy) or other patients. Yet, despite how prevalent the practice is and the limited…more

Anti-Kickback Statute, False Claims Act (FCA), Health Insurance, Healthcare Facilities, Hospitals

See All Updates »

Legality of Upfront Tenant Fees

A recent Massachusetts federal district court case has placed a significant limitation on the type of upfront fees that landlords may charge tenants. On August 26, 2014, Judge Rya Zobel ruled that Equity Residential, a…more

Consumer Protection Act, Fees, Landlords, Residential Leases, Tenants

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The Case For Reasonableness: Enforcing Forum Selection Clauses In Business Disputes

For companies that do business across state or national lines, forum selection clauses are more than mere boilerplate or afterthought provisions to a business transaction. Forum selection clauses can reduce uncertainties in a…more

Contract Disputes, Foreign Jurisdictions, Forum Selection Clause, Reasonableness Factors

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New Rhode Island Law Protects Victims of Businesses’ Data Breaches in 2016

Cyber data breaches affect individuals, businesses, and the government. Tens of millions of Americans are affected by data breaches every year. In 2014, CNN estimated that 47% of U.S. adults in the U.S. had their personal…more

Cybersecurity, Data Breach, Data Protection, Identity Theft, Personal Data

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New Protection For Pregnant Employees

For decades, the Rhode Island Fair Employment Practices Act has protected pregnant employees from termination or other adverse job action on account of pregnancy. Now, the Rhode Island General Assembly has taken pregnancy…more

ADA, Adverse Employment Action, Amended Legislation, Disability, Disability Discrimination

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Exciting Capital Raising Option For Small Rhode Island Startups: SEC Approves Federal Crowdfunding Rules

On October 30, 2015, the Securities and Exchange Commission (“SEC”) approved the long awaited and much anticipated final rules permitting federal crowdfunding pursuant to Title III of the Jumpstart Our Businesses Startups Act of…more

Capital Formation, Capital Raising, Crowdfunding, Funding Portal, Internet

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New Rhode Island Acquired Real Estate Company Conveyance Tax Leaves Many Unanswered Questions

Effective July 1, 2015, Rhode Island now imposes a realty conveyance tax on the transfer of controlling interests in a “real estate company,” in addition to any other state taxes. Under prior law, if a person or business entity…more

Business Entities, Business Ownership, Change of Ownership, Income Taxes, New Legislation

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Lawyers and Social Media: Ethical Considerations, Problems and Pitfalls

Social media provides an extraordinary means not only to communicate and share information, but also to obtain information that may lead to incriminating, exculpatory and impeachment evidence for use in discovery and at trial. …more

American Bar Association (ABA), Business Development, Ethics, Ex Parte, Ex-Parte Communications

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U.S. Supreme Court: Good Faith Belief That a Patent Is Invalid Is No Defense to Induced Patent Infringement

In a sharply divided opinion, the Supreme Court has determined that a party may be liable for inducing the infringement of a patent even if it has a good faith belief that the patent is invalid. The decision, Commil USA, LLC v…more

Cisco, Cisco v CommilUSA, Good Faith, Honest Belief Defense, Induced Infringement

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Distinguishing Between Types Of Non-Compete Provisions In Rhode Island

Businesses often attempt to protect their valuable, non-public information – for example, confidential business and marketing plans developed through investment and research – from being used by their competitors by requiring…more

Employment Contract, Non-Compete Agreements, Non-Solicitation Agreements, RI Supreme Court

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Contact

One Citizens Plaza 8th Floor
Providence, Ri 02903-1345, United States

  • 401.274.7200
  • 401.751.0604

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • Massachusetts
  • New Hampshire
  • Rhode Island
Number of Attorneys

50-100 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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