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Samantha Abeysekera

The Audit's Done, And We Need To Reclassify – Now What?

Let's assume you've done an internal audit, or one required by the Department of Labor, and found – as so many companies do – that certain titles/positions require reclassification from exempt to non-exempt under the Fair Labor…more

Audits, Compliance, DOL, Employer Liability Issues, FLSA

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Michael Abrams

Florida Legislature 2013 Pre-Session Report

The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more

Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid

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Matthew Aho

Cuba Practice Update

Cuban Parliament Passes New Foreign Investment Law - On March 29, 2014, Cuba's 576-member National Assembly unanimously approved a measure designed to encourage foreigners to invest more than $2 billion a year in the…more

Cuba

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Kenneth Alberstadt

M&A Brokers for Private Companies Need Not Register with the SEC

The staff of the SEC recently issued a no-action letter permitting an "M&A Broker" to advise on and be compensated in connection with the purchase and sale of a privately held company without registering as a broker-dealer under…more

Brokers, M&A Brokers, Privately Held Corporations, Registration, SEC

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Beth Alcalde

Health Care Reform – New Guidance For Employers And Relief For Mid-Size Employers

Employers in all industries are well aware of the complexities of the Affordable Care Act, and the seemingly constant barrage of guidance that interprets the health care reform requirements that apply to them. We have a recent…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, Healthcare Reform

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Jacqueline Arango

What To Do If The Feds Come Knocking At Your Door!

Your employee handbook likely addresses, in great detail, the do's and don'ts of using the internet while at the office, guidance on HIPAA, and even the company's policy on sexual harassment, but does it provide any instruction…more

DOJ, False Claims Act, Fraud, Healthcare, Investigations

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Jonathan Awner

M&A Brokers for Private Companies Need Not Register with the SEC

The staff of the SEC recently issued a no-action letter permitting an "M&A Broker" to advise on and be compensated in connection with the purchase and sale of a privately held company without registering as a broker-dealer under…more

Brokers, M&A Brokers, Privately Held Corporations, Registration, SEC

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Elina Basham

OSHA Announces Whistleblower Protections Under The Affordable Care Act

The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an interim…more

Adverse Employment Action, Affordable Care Act, FLSA, Healthcare, OSHA

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Felipe Berer

Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, FCPA, Foreign Jurisdictions, White Collar Crimes

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Scott Bettridge

H-1B Fiscal Year (FY) 2014 Cap Season Opens on April 1, 2014

U.S. Citizenship and Immigration Services will begin to accept H-1B cap subject petitions on Tuesday, April 1, 2014. Employers should begin to plan immediately as the demand for new H-1B's is expected to be significant. The…more

H-1B, LCA, STEM

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Ashleigh Bhole

Employee's Dishonesty About Facebook Posts Supports Defense To Retaliation Claim

A recent opinion out of the 10th Circuit Court of Appeals demonstrates the important role social media plays in labor and employment lawsuits. In Debord v. Mercy Health System of Kansas, Inc., a Kansas hospital was found not to…more

Affirmative Action, Facebook, False Statements, Retaliation, Sexual Harassment

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Jarrett Bingemann

Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting Obligations

On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of the…more

Clean Air Act, Clean Water Act, EPA, EPCRA, Fines

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Richard Bowers

New York's Highest Court Clarifies Taxpayer Criteria for Maintaining a Permanent Place of Abode

In a recent unanimous decision, the New York Court of Appeals determined that a taxpayer domiciled in New Jersey was not a New York resident because he did not maintain a permanent place of abode in the state. The Court…more

Domicile, Income Taxes, Residency Test

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Charlie Brumback

Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors' Rights, Lenders, Limited Liability Companies, LLC

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Karen Buesing

Managing Employees Who File Claims

Dealing with an employee who has filed a claim places an employer in a precarious position – the employer needs to properly manage the employee, but avoid a retaliation claim in the process. It's like walking a tightrope…more

Employee Rights, Employer Liability Issues, Retaliation, Whistleblowers

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Marshall Burack

The Doc Fix: Do We Finally Have A Permanent Solution?

Will physicians finally be free from worrying that their Medicare payments will be severely slashed? During the first week in February, Republicans and Democrats in the U.S. House of Representatives and Senate agreed on a bill…more

Healthcare, Healthcare Reform, Medicaid, Medicare, Physician SGR Formula

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Rogelio Carrasquillo

Latin America & the Caribbean Practice Update

Puerto Rico Recent Developments - The three major credit rating agencies, Standard & Poor's, Moody's, and Fitch Ratings, downgraded the Commonwealth of Puerto Rico's debt to "junk" status during the first two weeks of…more

Bonds, Foreign Investment, Rating Agencies

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Deborah Catalano

Should Background Checks Be On Your New Employee Checklist?

"Where there's Pepsi, there's music" … is a slogan from a Pepsi marketing campaign. No doubt the EEOC agrees – in 2012, Pepsi paid over $3 million to settle race discrimination claims and agreed to provide job offers and…more

Background Checks, Criminal Background Checks, EEOC, PepsiCo, Racial Discrimination

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Jeffrey Cook

Supreme Court Update: Two Securities Law Decisions This Week, and Another to Come

The United States Supreme Court has taken a keen interest in the securities arena this current term, agreeing to hear at least three cases (of only approximately 70 in total). This week, the Supreme Court announced decisions in…more

Amgen, Amgen Inc. v Connecticut Retirement Plans, Chadbourne & Parke LLP v Troice, Civil Monetary Penalty, Class Action

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Kirk Davis

The Affordable Care Act: A Timeline Of Important Dates

In the world of healthcare, the story that grabbed our headlines and attention the most this past year was, of course, the impact of the Affordable Care Act (ACA). As we move into 2014, we take a moment to look back at some of…more

Affordable Care Act, Healthcare

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Martin Dix

Apologizing For Medical Injuries...Is It Protected?

Under Florida law a person may make an apology to someone injured in an "accident" or to their family without the apology being admissible in court. Thirty-eight other states have similar laws which are generally referred to as…more

Admissions, Bodily Injury, Evidence, Healthcare

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Christopher Duke

The Art Of Employee Termination And Severance Agreements

The process of employee termination is fraught with pitfalls for the unwary employer. Not only can emotions run high during this time, but failure to comply with all applicable state and federal laws can lead to legal liability…more

Corporate Counsel, Hiring & Firing, Severance Agreements, Termination

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Michael Faber

Creating Best Practices for Your Family Office

The "family office" is back in vogue. The dramatic increase in wealth creation during the last thirty years has given rise to a new generation of Rockefellers, Mellons, and Phipps. Today, families with sufficient wealth –…more

Closely Held Businesses, Family Offices, Investment Management

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Samantha Feuer

Your Digital Workplace: Pitfalls And Remedies For Employees' Internet Use

Computers are a doubled-edged sword — vital convenience for everyone while simultaneously a potential source of liability if used improperly by employees. Employers' liability has expanded to the point where an employer may be…more

Attorney-Client Privilege, Email, Email Policies, Employer Liability Issues, Facebook

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Pedro Freyre

Cuba Practice Update

New National Poll Shows Broad Support for Overhaul of Cuba Policy - Akerman’s Pedro A. Freyre and Matthew D. Aho yesterday authored an opinion piece for the Washington D.C.-based Atlantic Council's Adrienne Arsht Latin…more

Cuba, Embargo, Foreign Policy, Travel

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Julie Gallagher

Florida's New Med-Mal Law Is Pre-Empted By HIPAA And Is Voided By Federal Judge

A new part of Florida's medical malpractice law has been voided by a federal judge on the grounds that it is pre-empted by HIPAA. The law, passed during the 2013 legislative session and effective only on July 1 2013,…more

General Authorization, HIPAA, Medical Malpractice, Notice Requirements, Preemption

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Michael Gennett

Providers On Prepayment Review May Now Face Exclusion From Medicare

Providers on prepayment review could be facing exclusion from Federal healthcare programs if they don't correct the problems which caused them to be subject to prepayment review. CMS has directed its contractors to consider…more

CMS, Healthcare, Medicaid, Medicare, Prepayment Review

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Ari H. Gerstin

Department Of Health And Human Services Office Of Inspector General's FY 2014 Work Plan Identifies Security Of EHR Technology As New Focus

On January 31, 2014, the U.S. Department of Health and Human Services ("HHS") Office of Inspector General ("OIG") released its annual work plan. Not surprisingly, issues relating to Electronic Health Records ("EHRs") continue…more

Cybersecurity, Data Protection, EHR, Healthcare, HHS

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Richard Gilly

Fresenius v. Baxter: The Importance of Timing in Patent Litigation

The Federal Circuit’s recent decision in Fresenius USA, Inc. v. Baxter Int’l, Inc., illustrates the potential value of challenging a patent's validity through administrative proceedings in the U.S. Patent & Trademark Office…more

Baxter International, Complex Litigation, Fresenius, Infringement, Litigation Strategies

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James Goldsmith

Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors' Rights, Lenders, Limited Liability Companies, LLC

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Jonathan E. Gopman

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust over…more

Alimony, Contempt, Discretionary Trust, Distribution Rules, Divorce

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Eric Gordon

The Lost Art Of Conducting Effective Workplace Investigations

You are the HR leader for your organization. Whether you are an executive, a human resources professional, an attorney, an owner, or – in many cases – hold more than one of these titles, when HR issues arise, they come to you…more

Human Resources Professionals, Internal Investigations, Investigations, Workplace Investigations

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Darla Graff

Post-Myriad Strategies for Claiming Biotech Inventions in the United States

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No…more

AMP v Myriad, Biotechnology, DNA, Inventions, Myriad

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Steven Grigas

Protests Of The Medicaid Managed Assistance ITN Recommended Awards

Pursuant to Section 409.966, Florida Statutes, traditional Medicaid services are to be provided to Florida recipients through a limited number of Managed Care Organizations ("MCOs") in the 11 Regions of the state. The Agency…more

Healthcare, MCOs, Medicaid

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Brian Harris

Supreme Court to Decide When Taxpayers Can Obtain an Evidentiary Hearing in a Summons Enforcement Action

On January 10, 2014, the Supreme Court granted review of an Eleventh Circuit case addressing the circumstances under which a taxpayer can obtain an evidentiary hearing in challenging a summons issued by the Internal Revenue…more

Evidentiary Hearings, Fifth Amendment, Income Taxes, IRS, SCOTUS

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Elizabeth F. Hodge

The Government Is Here To Help: HHS Releases HIPAA Security Risk Assessment Tool For Small Providers

The U.S. Department of Health and Human Services ("HHS") has just released a new security risk assessment ("SRA") tool to assist small and medium sized health care practices (one to ten providers) conduct a HIPAA risk assessment…more

HHS, HIPAA, Risk Assessment, Small Business

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Laura Holm

Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, FCPA, Foreign Jurisdictions, White Collar Crimes

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Brad Houser

Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement the…more

Crowdfunding, JOBS Act, SEC, Startups, Title III

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Valerie Hubbard

January 6, 2014 Deadline to File Tropical Storm Karen Extension

Section 252.363, Florida Statutes, provides an extension for certain development-related permits and authorizations when the Governor declares a state of emergency, effective within the area covered by the emergency declaration…more

Emergency Response, Extensions, Natural Disasters, Permits

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Richard Jones

It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance Deadline

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in…more

CLIA, Data Protection, HHS, HIPAA, HIPAA Omnibus Rule

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David Kaufman

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust over…more

Alimony, Contempt, Discretionary Trust, Distribution Rules, Divorce

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Jeffrey Kern

U.S. Supreme Court holds Defense of Marriage Act Unconstitutional

The U.S. Supreme Court decided United States v. Windsor, No. 12 -307 on June 26 2013, holding section 3 of the Federal Defense of Marriage Act (DOMA) unconstitutional as it applies to valid marriages between same sex couples…more

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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Carolyn Kershner

Employee Benefits Update: 2013 Year End Plan Tasks

As we approach the end of the year, employers and plan sponsors of qualified retirement plans and health and welfare plans should take time to meet various upcoming deadlines. Failure to comply with the deadlines may result in…more

401k, Affordable Care Act, Cafeteria Plans, COBRA, Deadlines

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Arlene Kline

Irregular Attendance May Render An Employee With A Disability "Unqualified"

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an "essential function" of a position…more

ADA, Disability, Employer Liability Issues, FMLA, Reasonable Accommodation

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Debra Leder

With This Ring, I Thee Confer Benefits... The Meaning Of "I Do"

Based upon an IRS determination which took effect last week, same-sex couples who enter into marriages in jurisdictions that recognize such marriages are now treated as married for federal tax purposes, regardless of whether the…more

Employee Benefits, IRS, Marriage, Same-Sex Marriage, U.S. Treasury

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Jason Lichtstein

Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I…more

ASTM, CERCLA, Contaminated Properties, Due Diligence, Environmental Site Assessment

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Vincent Liu

Supreme Court Provides Clarity On Contractual Forum-Selection Clauses

A forum-selection clause in a contract offers predictability and clarity of venue in case a dispute arises over the contract. But, when such a dispute arises, if the plaintiff does not commence litigation in the contractually…more

Atlantic Marine Construction Company, Forum Selection Clause, SCOTUS, Venue

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Andrew Loewenstein

Florida Employers May (Still) Terminate Their Employees For Insubordination

In a legal environment where employers often feel the deck is stacked against them, it is good to know that Florida courts will support employers who do not discriminate, when they need to terminate an insubordinate employee. …more

Florida, Insubordination Policy, Racial Discrimination, Termination

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Heather MacDougall

Easier Than Ever to File Whistleblower Complaints

Whistleblowers covered by one of the 22 statutes administered by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) will now be able to file complaints online. Previously, workers could make…more

OSHA, Whistleblowers

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Adam Maingot

Thought Leaders: These Are "Turbulent," "Transitional" Times In Healthcare

The phrase "the only constant is change itself" has rarely been so true across an entire industry. The U.S. healthcare sector is having to adjust to rapidly changing times. That whirlwind of change was discussed by industry…more

Affordable Care Act, Healthcare, Healthcare Reform

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Jason Margolin

Proof of Claim Could Cost You Your Privilege - Bankruptcy Court Holds Attorney's Signature on Proof of Claim Form Renders Attorney a Fact Witness to Allegations in Proof of Claim, Waiving Attorney-Client and Work-Product Privileges

A properly filed proof of claim serves as prima facie evidence as to a claim's validity. But when this written statement is signed by a creditor's attorney, the court may find that the attorney has become a fact witness and that…more

Attorney-Client Privilege, Commercial Bankruptcy, Debtor-Creditor, Proof of Claims, Work Product Privilege

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Ildefonso Mas

Affordable Care Act Update April 7, 2014: High Courts Vet Key Provisions Of The Affordable Care Act Government Extends Enrollment Deadline

March 2014 has produced quite a bit of activity regarding the Patient Protection and Affordable Care Act ("ACA"). On March 24, 2014, oral argument was held in the latest challenges to the ACA in Sebelius v. Hobby Lobby Stores,…more

Affordable Care Act, Contraceptive Coverage Mandate, employee, Employer Healthcare Costs, Employer Mandates

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Augusto Maxwell

Cuba Practice Update -- May 16, 2013

Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or…more

Amended Legislation, Economic Development, Golf Courses

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Bradley McPherson

Granting A Requested Job Transfer Can Be Considered An Adverse Employment Action

An employee who requested and was granted a lateral job transfer, and later sued for discrimination, was not precluded from claiming that the transfer was an "adverse employment action," according to a recent decision by the…more

Adverse Employment Action, Employee Transfers, Hiring & Firing, Reorganizations

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Carlos Méndez-Peñate

Brazilian FCPA-Equivalent Signed Into Law

On August 1, 2013, amid mounting pressure from disgruntled sectors of the Brazilian society and unrelenting street demonstrations across the country's largest cities – not to mention historic low approval ratings – President…more

Anti-Corruption, Compliance, FCPA, Foreign Jurisdictions, White Collar Crimes

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Elysa R. Merlin

Treasury Delays FATCA Deadlines by Six Months

On July 12, the Treasury Department issued Notice 2013-43, which provides a revised timeline for the Foreign Account Tax Compliance Act (FATCA). The FATCA withholding and reporting requirements will be delayed six months until…more

Deadlines, Delays, FATCA, FFI, GIIN

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Brian Miller

Supreme Court Update: Two Securities Law Decisions This Week, and Another to Come

The United States Supreme Court has taken a keen interest in the securities arena this current term, agreeing to hear at least three cases (of only approximately 70 in total). This week, the Supreme Court announced decisions in…more

Amgen, Amgen Inc. v Connecticut Retirement Plans, Chadbourne & Parke LLP v Troice, Civil Monetary Penalty, Class Action

See All Updates »

Richard Milstein

U.S. Supreme Court holds Defense of Marriage Act Unconstitutional

The U.S. Supreme Court decided United States v. Windsor, No. 12 -307 on June 26 2013, holding section 3 of the Federal Defense of Marriage Act (DOMA) unconstitutional as it applies to valid marriages between same sex couples…more

Civil Unions, DOMA, Domestic Partnership, Jurisdiction, Marriage

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Ian L. Minkin

Employee Benefits Update: Recent Updates and Year End Tasks

As the end of the year approaches, employers and plan sponsors of certain retirement plans, health and welfare plans and deferred compensation arrangements have a number of year-end tasks and deadlines. Failure to comply with…more

Employee Benefits

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Robyn Neely

Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I…more

ASTM, CERCLA, Contaminated Properties, Due Diligence, Environmental Site Assessment

See All Updates »

Felicia Leborgne Nowels

Medical Devices To Be Taxed: Manufacturers and Importers Be Prepared

Beginning January 1, 2013, manufacturers, producers, and importers of medical devices must report and pay a 2.3% excise tax on the sales price of taxable medical device pursuant to Section 4191 of the Internal Revenue Code…more

Excise Tax, FDA, FDCA, Imports, IRS

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Luis O'Naghten

Creation of International Commercial Arbitration (ICA) Subsection

In an Administrative Order dated December 3, 2013, the Chief Administrative Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Honorable Bertila Soto, announced the creation of an International…more

Business Litigation, Complex Litigation, Dispute Resolution, International Arbitration, International Litigation

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Eric Olson

New York's Highest Court Clarifies Taxpayer Criteria for Maintaining a Permanent Place of Abode

In a recent unanimous decision, the New York Court of Appeals determined that a taxpayer domiciled in New Jersey was not a New York resident because he did not maintain a permanent place of abode in the state. The Court…more

Domicile, Income Taxes, Residency Test

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Christopher Oprison

Affordable Care Act Update April 7, 2014: High Courts Vet Key Provisions Of The Affordable Care Act Government Extends Enrollment Deadline

March 2014 has produced quite a bit of activity regarding the Patient Protection and Affordable Care Act ("ACA"). On March 24, 2014, oral argument was held in the latest challenges to the ACA in Sebelius v. Hobby Lobby Stores,…more

Affordable Care Act, Contraceptive Coverage Mandate, employee, Employer Healthcare Costs, Employer Mandates

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Palash Pandya

SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

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Bruce Platt

HHS Guidance Clouds Earlier Statement, Discourages Providers From Purchasing Insurance For Patients

There has been much speculation in the health care community that it may be financially beneficial, under certain circumstances, for hospitals and other large providers to purchase health care coverage for their indigent…more

Affordable Care Act, Health Insurance Exchanges, HHS, Kathleen Sebelius, Social Security Act

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Nicholas Purvis

The Supreme Court Clarifies The Meaning Of The FLSA's "Changing Clothes" Exception

In a near unanimous decision on Monday, the United States Supreme Court further clarified the multifaceted and oft-litigated issue of whether "donning and doffing" of some protective gear prior to or following a work shift falls…more

Collective Bargaining, FLSA, Sandifer v U.S. Steel Corp, SCOTUS, Unions

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Henry Raatama Jr.

IRS Issues Notices 2014-2 And 2014-3 To Assist Not For Profit Hospitals Comply With §501(r)

On 12/30/2013, the IRS issued two Notices designed to help §501(c)(3) hospitals comply with Internal Revenue Code (IRC) § 501(r). Section 501(r) is part of the Affordable Care Act and requires each tax exempt hospital to (1)…more

Exempt Organizations, Healthcare, Hospitals, IRC, IRS

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Thomas Range

HHS Settlement: Reminder That HIPAA Applies To Local Governments Big And Small

The U.S. Department of Health and Human Services Office for Civil Rights (HHS) recently announced that it had reached an agreement with Skagit County, Washington to settle potential HIPAA violations involving the County Public…more

Data Protection, EHR, Electronically Stored Information, Governmental Liability, HHS

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Leanne Reagan

Supreme Court Decision Striking Down DOMA Will Have a Significant Impact on Employer-Sponsored Benefits

The United States Supreme Court ruled on June 26 in United States v. Windsor, U.S., No 12-307, that the definitions of “marriage” and “spouse” contained in the Defense of Marriage Act (DOMA) excluding same-sex partners are a…more

Civil Unions, DOMA, Domestic Partnership, Due Process, Employee Benefits

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Nefertari S. Rigsby

Religious Challenges By For-Profit, Secular Employers And The Affordable Care Act

On November 26, 2013, the Supreme Court of the United States agreed to hear challenges to the requirement that employer-provided health insurance include certain contraceptive methods. The Supreme Court will consider two cases:…more

Affordable Care Act, Contraceptive Coverage Mandate, Freedom of Religion, Hobby Lobby, RFRA

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David Roberts

Florida Legislature 2013 Pre-Session Report

The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more

Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid

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Andrew Robins

Condominium Hotel Units: On the Benefits of Being a Security

The potential application of federal and state securities laws to the sale of condominiums when coupled with the opportunity to participate in a rental program (sometimes referred to as a "condohotel," "condominium hotel," or…more

Commercial Real Estate Market, Condominiums, Hotels, Regulation D, Rule 10b-5

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Monica Rodriguez

Florida Legislature 2013 Pre-Session Report

The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more

Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid

See All Updates »

David Rosen

Florida’s New LLC Act from the Lender’s Perspective

Last year, Florida Governor Rick Scott signed the Florida Revised Limited Liability Company Act (the New Act) into law. The New Act, which is codified in new Chapter 605 of the Florida Statutes, is a complete rewrite of the…more

Corporate Management, Creditors' Rights, Lenders, Limited Liability Companies, LLC

See All Updates »

Sheryl D. Rosen

Thought Leaders: These Are "Turbulent," "Transitional" Times In Healthcare

The phrase "the only constant is change itself" has rarely been so true across an entire industry. The U.S. healthcare sector is having to adjust to rapidly changing times. That whirlwind of change was discussed by industry…more

Affordable Care Act, Healthcare, Healthcare Reform

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S. Scott Ross

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to discover…more

Audits, Discovery, Electronic Medical Records, Healthcare Professionals, Litigation Strategies

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Wendy Rossi

Extension of Eight Valuable As-of-Right Incentive Programs Included in New York State's Budget Bill

New laws may benefit developers and businesses with applications long pending and for future applicants that depend on these incentive programs to help induce investment and economic growth in the New York City. These programs…more

Property Tax, Real Estate Market, Sales & Use Tax, SALT, State Budgets

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Carl Roston

Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price, True-Ups

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David Ruben

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust over…more

Alimony, Contempt, Discretionary Trust, Distribution Rules, Divorce

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Rachel Rudensky

U.S. Supreme Court Allows Wily Gray-Market Imports

The U.S. Supreme Court has settled the long-open question of whether U.S. copyright holders can prevent the importation of gray market products in Tuesday's decision Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. _____, No…more

Copyright, Exports, First Sale Doctrine, Grey Market, Imports

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Barbara E. Ruiz-Gonzalez

Treasury Delays FATCA Deadlines by Six Months

On July 12, the Treasury Department issued Notice 2013-43, which provides a revised timeline for the Foreign Account Tax Compliance Act (FATCA). The FATCA withholding and reporting requirements will be delayed six months until…more

Deadlines, Delays, FATCA, FFI, GIIN

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Peter E. Salomon

Supreme Court Decision Striking Down DOMA Will Have a Significant Impact on Employer-Sponsored Benefits

The United States Supreme Court ruled on June 26 in United States v. Windsor, U.S., No 12-307, that the definitions of “marriage” and “spouse” contained in the Defense of Marriage Act (DOMA) excluding same-sex partners are a…more

Civil Unions, DOMA, Domestic Partnership, Due Process, Employee Benefits

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Ashley Sawyer

2013 Property Tax Assessment Notices Mailed This Month

The Florida County Property Appraiser Offices have started to mail the 2013 Property Tax Assessment Notices, commonly known as TRIM Notices. TRIM Notices present the 2013 property assessments and are mailed for both real and for…more

Appraisal, Valuation, Value Adjustment Mechanisms

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Andrew Schwartz

Amendments To "Regulation A" - A Step Towards a Middle Ground in Smaller Company Capital Formation

The Securities and Exchange Commission (Commission) recently proposed rules amending Regulation A. Regulation A currently allows an exemption from federal registration under the Securities Act of 1933 (the Securities Act) for…more

Blue Sky Laws, Dodd-Frank, JOBS Act, NASAA, Offerings

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Philip Schwartz

Amendments To "Regulation A" - A Step Towards a Middle Ground in Smaller Company Capital Formation

The Securities and Exchange Commission (Commission) recently proposed rules amending Regulation A. Regulation A currently allows an exemption from federal registration under the Securities Act of 1933 (the Securities Act) for…more

Blue Sky Laws, Dodd-Frank, JOBS Act, NASAA, Offerings

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Tracy Segal

New Option to Appeal Arbitration Awards Within The Arbitration Process

Arbitration is a faster and less expensive way to resolve disputes. One significant drawback of arbitration, however, is that there has been almost no way to overcome an aberrant decision by the arbitrator. Even when the…more

Appeals, Arbitration, Arbitration Awards

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Shane Segarra

Securities and Exchange Commission Proposes Rules on Crowdfunding

Introduction - On October 23, 2013, the Securities and Exchange Commission (SEC) voted unanimously to propose rules to permit U.S. companies to offer and sell securities through crowdfunding in an effort to implement the…more

Crowdfunding, JOBS Act, SEC, Startups, Title III

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Richard Sharpstein

What To Do If The Feds Come Knocking At Your Door!

Your employee handbook likely addresses, in great detail, the do's and don'ts of using the internet while at the office, guidance on HIPAA, and even the company's policy on sexual harassment, but does it provide any instruction…more

DOJ, False Claims Act, Fraud, Healthcare, Investigations

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Jeremy Shure

How and Why Your Team Is Everything (And Other Essentials for Startup Success...)

The multi-faceted answer to our question: over the years working with entrepreneurs and inventors, what have you seen as an essential attribute to startup success?…more

Legal Perspectives, Startups

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Scott T. Silverman

EEOC Alleges that Standard Severance Agreement Language Violated Title VII

Certain standard provisions contained in separation agreements commonly used by employers violate federal law, according to the Equal Employment Opportunity Commission ("EEOC"). Specifically, EEOC in a suit filed in Illinois…more

Confidentiality Agreements, Covenant Not to Sue, EEOC, Non-Disparagement Provisions, Severance Agreements

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Sherwin P. Simmons, II

Treasury Delays FATCA Deadlines by Six Months

On July 12, the Treasury Department issued Notice 2013-43, which provides a revised timeline for the Foreign Account Tax Compliance Act (FATCA). The FATCA withholding and reporting requirements will be delayed six months until…more

Deadlines, Delays, FATCA, FFI, GIIN

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Robert E. Slavkin

Predictions For Top 10 Healthcare Stories For 2014

The past year was one of the most eventful in recent memory for healthcare policy. As the Affordable Care Act ("ACA") continued its inexorable, albeit at times wobbly, march towards implementation, the headlines became more and…more

Affordable Care Act, EHR, Employer Mandates, Fraud, Fraud and Abuse

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Sarah Campbell Smith

Updated Phase I Environmental Site Assessment Standard Approved - Key to Sound Due Diligence

A new Phase I environmental site assessment standard has been approved for use in 2014, providing the most current set of environmental site assessment practices for real estate and many M & A transactions. The new Phase I…more

ASTM, CERCLA, Contaminated Properties, Due Diligence, Environmental Site Assessment

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William Spratt, Jr.

Florida Department Of Health Adopts New Telemedicine Rule: Florida Legislature Considers Changing The Law

While the Florida Department of Health (DOH) adopted a new telemedicine rule on March 12, 2014 [Rule 64B8-9.0141 and Rule 64B15-14.0081 of the Florida Administrative Code], several bills on the same subject are under…more

Healthcare, Telemedicine

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Matthew Steinberg

Whistleblower Claims The Wave Continues

"The cover-up is often worse than the crime" – an apt mantra for employers who are being increasingly forced to defend retaliation and/or whistleblower claims brought in myriad industries under a broad spectrum of federal and…more

Employer Liability Issues, FMR LLC, Lawson v FMR, Retaliation, Sarbanes-Oxley

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Richard D. Tuschman

New York Court Rules That Florida's Non-Compete Law Is "Truly Obnoxious"

A New York appellate court has ruled that Florida law on non-compete agreements is "truly obnoxious" to New York public policy and cannot be applied against a New York employee of a Florida-based company…more

Non-Compete Agreements, Restrictive Covenants

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D'juro Villaran-Rokovich

Extension of Eight Valuable As-of-Right Incentive Programs Included in New York State's Budget Bill

New laws may benefit developers and businesses with applications long pending and for future applicants that depend on these incentive programs to help induce investment and economic growth in the New York City. These programs…more

Property Tax, Real Estate Market, Sales & Use Tax, SALT, State Budgets

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Wayne Wald

SEC Proposes Pay Ratio Rules

On September 18, 2013, pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission issued proposed rules that will amend Item 402 of Regulation S-K to…more

Annual Filings, Annual Reports, CEOs, Dodd-Frank, Executive Compensation

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Shayla Waldon

Your Digital Workplace: Pitfalls And Remedies For Employees' Internet Use

Computers are a doubled-edged sword — vital convenience for everyone while simultaneously a potential source of liability if used improperly by employees. Employers' liability has expanded to the point where an employer may be…more

Attorney-Client Privilege, Email, Email Policies, Employer Liability Issues, Facebook

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Ken Wiggins

Purchase Price Adjustments: How True is Your True-Up?

A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more

Asset Valuations, Indemnification, Letters of Intent, Purchase Price, True-Ups

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Jennifer T. Williams

Irregular Attendance May Render An Employee With A Disability "Unqualified"

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an "essential function" of a position…more

ADA, Disability, Employer Liability Issues, FMLA, Reasonable Accommodation

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Steven Wirth

Proof of Claim Could Cost You Your Privilege - Bankruptcy Court Holds Attorney's Signature on Proof of Claim Form Renders Attorney a Fact Witness to Allegations in Proof of Claim, Waiving Attorney-Client and Work-Product Privileges

A properly filed proof of claim serves as prima facie evidence as to a claim's validity. But when this written statement is signed by a creditor's attorney, the court may find that the attorney has become a fact witness and that…more

Attorney-Client Privilege, Commercial Bankruptcy, Debtor-Creditor, Proof of Claims, Work Product Privilege

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Melissa Zinkil

Employment Records Retention Requirements – What Employers Need To Know

Careful recordkeeping and retention practices in the employment context are required by various federal and state laws, not to mention, essential to protect an employer's interests and limit its liability in the event of an…more

Document Retention Policies, Human Resources Professionals, Personnel Records

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