With Governor Nixon’s signature on May 16, 2013, the state of Missouri has adopted legislation modifying its captive insurance law. The legislation, Senate Bill 287, will allow the formation of sponsored captive insurance…more
The Court of Appeals for the Federal Circuit issued a ruling on May 10 that may limit the subject matter eligibility of patent claims involving computer-implemented inventions. While legal practitioners had hoped this case, CLS…more
The first problematic contract provision often found in sports industry contracts are arbitration provisions.
Many sports industry owners beleive that arbitration is a helpful way to resolve contractual disputes without…more
Lawyers sometimes doubt the effectiveness of advance waivers of future conflicts, particularly when the waiver is broad and does not specify potential adverse parties or representations. The recent trend nationally, however, is…more
First, CMS announced on April 5, 2013, that due to the across-the-board federal budget reductions (aka “sequestration”), effective immediately, State Survey Agencies must obtain approval from the CMS Regional Office before doing…more
In a landmark decision in the area of class action litigation, a unanimous U.S. Supreme Court held that plaintiffs cannot use damage-limiting stipulations to prevent their cases from being removed from state to federal court. In…more
Two common types of arrangements between contracting parties can create excessive financial risk for a party. The first is a company serving as a middleman or payment agent by accepting funds from a customer and then disbursing…more
On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9. Although employers should begin using the March 8, 2013 dated Form I-9 immediately, older…more
The Delaware Court of Chancery shook the M&A world in 2011 when it defied conventional wisdom by holding that a reverse triangular merger may result in an assignment by operation of law if the buyer converts the target into a…more
The Department of Labor (DOL) recently issued final regulations addressing an amendment to the Family and Medical Leave Act (FMLA) that requires employers covered by the FMLA to provide certain types of military-related leave…more
Originally published in St. Louis Lawyer - February 2013.
In the December 2012 issue of Forbes, the article “You Don't Have To Quit Lawyering To Have A Life” extols the virtues of a “virtual law practice.” Meanwhile, legal…more
All franchisors that have at least one franchisee operating in New York State should be aware that they must file an annual information return next month under a state tax law. This annual report is due on or before March 20th…more
Six Points Health Care Professionals and Organizations (and those who do business with them) Need To Know NOW:
- Possible fines have increased dramatically. Under prior law, fines were capped at $100 per violation, with a…more
Effective January 1, 2013, manufacturers, importers and producers of certain medical devices are subject to an excise tax equal to 2.3 percent of the price at which the medical device is sold. You should note that this excise…more
“Escape From Tomorrow,” one of the most controversial films at the 2013 Sundance Film Festival, has put copyright and trademark law, as well as the question of what constitutes parody, in the spotlight. The film reminds…more
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